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Home My WebLink AboutAgenda Packet - June 21, 2010 - CCCONSENT CALENDER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER`] DATE: JUNE 21, 2010 SUBJECT: APPROVAL OF PROPOSED AGREEMENTS WITH GMAC RESIDENTIAL CAPITAL, LLC/RC PROPERTIES VI REGARDING CONDITIONS OF DEVELOPMENT AND REIMBURSEMENT OF LEGAL FEES FOR ROSEDALE PROJECT RECOMMENDATION It is recommended that City Council: (1) a. ove the proposedOAgreement to Satisfy Conditions of Development" and the propose "Reimbursement Agreement" with GMAC Residential Capital LLC/RC Properties VI (GMAC) regarding the sale and development of 98 units in the master -planned community of Rosedale, and (2) authorize the City Manager to execute the agreements, with any non -substantive revisions approved by the City Attorney. ��j L>�c.�J�.J R�,RrY�rNr ��C�G�t�.Dr�L, �r�DEMr.�iFrctrno�► eL.�rMS BACKGROUND In 2004, the City and Monrovia Nursery Company (MNC) entered into a Development Agreement regarding the 520 acres of the Monrovia Nursery property, now known as Rosedale. MNC assigned its interest under the Development Agreement to Azusa Land Partners, LLC (ALP), and ALP assumed MNC's interest under the Development Agreement as "Master Developer" for the Development Agreement property. ALP sold several tracts of the Development Agreement property to various developers, and in some instances, GMAC acted as a lender for the Fieldstone tracts. GMAC foreclosed and sold product that was previously constructed by Fieldstone. GMAC now seeks to sell 98 partially developed and undeveloped parcels of the property to a prospective buyer, City View Rosedale LLC/ Lee Homes -Argus (City View). O)OP, 0 / � j r `u DISCUSSION: A condition of the sale between GMAC and City View includes the City's issuance of building permits. However, prior to the City issuing the building permits, the City requires City View to satisfy certain conditions of approval and to pursue certain entitlements, including certificates of occupancy. For this purpose, City staff has prepared the proposed "Agreement to Satisfy Conditions of Development" and the proposed Reimbursement Agreement for the City Council's consideration to facilitate City View's development of 98 units in the Rosedale community. As part of the "Agreement to Satisfy Conditions of Development," City View must provide: (1) payment of $10,000 per unit; (2) a one-time special tax payment for each unit, as part of the City's Community Facilities District No. 2005-1; and (3) construction of two (2) parks, as well as construction of slope and landscape improvements. The Reimbursement Agreement provides for re -payment for 50% of the cost of development of Alisal Park upon full development of Tract 054057-14 by the "Master Developer" or the subsequent "merchant builder". To streamline the process, City staff is recommending that the City Council authorize the City Manager to execute the proposed agreements and allow the City Manager and City Attorney to make any non - substantive changes to the agreements without further need for Council approval. FISCAL IMPACT Adoption of the proposed agreements would generate activity at Rosedale and revenue via building permits and increased property value/property tax. Exact amounts are indeterminable at this time. ATTACHMENTS Agreement to Satisfy Conditions of Development Reimbursement Agreement EXHIBIT "B" REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND CITYVIEW ROSEDALE 98, L.P. This Reimbursement Agreement ("Agreement") is entered into this 22nd day of June 2010, by and between the City of Azusa, a California municipal corporation (the "City"), and CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"). All parties are at times referred to collectively as "Parties" and individually as "Party" herein. Recitals WHEREAS, the City and Monrovia Nursery Company, a California corporation ("MNC"), entered into a Development Agreement ("Development Agreement") dated May 27, 2004, and recorded on July 29, 2004, as Document No. 04-1952514 in the Official Records of Los Angeles County, California. WHEREAS, the Development Agreement related to the approximately 520 acre Monrovia Nursery Specific Plan property located in the City, described and depicted in Exhibits A and B of the Development Agreement, and now known as "Rosedale" ("Rosedale"). WHEREAS, on August 30th, 2004, Azusa Land Partners, LLC, a Delaware limited liability company ("ALP"), agreed to be subject to the provisions of the Development Agreement, other than specified retained obligations, and to assume the role of owner under the Development Agreement. This arrangement was memorialized in Operating Memorandum No. 1, recorded on September 1, 2004 as Document No. 04-2252766 in the Official Records of Los Angeles County, California. WHEREAS, ALP sold portions of Rosedale ("Starfield Property") to Starfield Azusa Arborview, LLC, a Delaware limited liability company ("Starfield Arborview"), Starfield Azusa Heritage Oaks, LLC, a Delaware limited liability company ("Starfield Heritage Oaks"), and Starfield Azusa Greenbriar, LLC, a Delaware limited liability company ("Starfield Greenbriar"; collectively, the "Starfield Entities"). WHEREAS, Starfield Arborview sold four (4) single family homes within the Starfield Property. Starfield Greenbriar sold two (2) single family homes within the Starfield Property. WHEREAS, RC Properties VI, ("RC Properties") subsequently acquired the Starfield Entities' remaining interest in the Starfield Properties, which consisted of, among other things, twenty- seven (27) production/model single family homes, seventy-nine (79) partially -completed single family homes, and nineteen (19) single family home slabs. RC Properties subsequently sold the (27) production/model single family homes, leaving it with ninety-eight (98) partially -completed single family lots and slabs located on real property ("Subject Property"). WHEREAS, Owner purchased the Subject Property from RC Properties. 61412\40070200 WHEREAS, the remainder of Rosedale is in foreclosure. In the future, Rosedale may be purchased by ALP or another master developer ("Successor Master Developer"). The Development Agreement does not address who is responsible for fees and improvements which the City may require of Owner as a condition of obtaining building permits. The parties desire to resolve this uncertainty and clarify the obligations for which Owner will be responsible and to further require that ALP or the Successor Master Developer, as applicable, reimburse Owner for fees it pays and improvements it completes. WHEREAS, prior to the City issuing building permits for the Property, the City requires the Owner to satisfy certain conditions of approval and diligently pursue entitlements ("Conditions") as detailed in a separate agreement entered into by the Parties, "Agreement to Satisfy Conditions of Development". WHEREAS, two conditions the Owner must satisfy prior to receiving building permits are to (a) complete all improvements as detailed in the "Scope of Development" attached to the Agreement to Satisfy Conditions of Development ("Improvements"), and (b) pay a fee of Ten Thousand Dollars ($10,000) per unit (the "Fee"), for a total of Nine Hundred Eighty Thousand Dollars ($980,000), representing a total fee for 98 units (the "Total Fee"). WHEREAS, the Parties agree that Owner shall be reimbursed for fifty percent (50%) of the construction of Alisal Park from ALP, the Successor Master Developer or a developer of the Tract for which a condition of approval is the construction of Alisal Park. WHEREAS, the Parties agree that Owner shall be reimbursed the Total Fee from the City, if ALP purchases Rosedale or if Rosedale is purchased by Christopher Gibbs or by entity owned in part by Christopher Gibbs. AGREEMENT NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties agree as follows: 1. Incorporation of Recitals. The Parties acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement. 2. Design and Construction of the Alisal Park Site. Owner shall be solely responsible for the design and engineering, acquisition of land and materials, construction, installation, plan check, and inspection ("Planning and Improvement") of Alisal Park in accordance with the Construction Phasing Schedule attached as Exhibit C to the Agreement to Satisfy Conditions of Development. 3. Approval of Cost of Improvements. Within forty-five (45) days of the completion of Alisal Park and formal acceptance by the City, Owner shall give City an itemized accounting of the reasonable and actual costs of Alisal Park, including, without limitation, 61412\40070200 2 the costs of plan check fees, bond fees, and engineering expenses in connection with Alisal Park (the "Planning and Improvement Costs") incurred by Owner. 4. Terms of Reimbursement. The City shall cause ALP, any Successor Master Developer or any other successors and assigns to reimburse to Owner fifty percent (50%) of the Planning and Improvement Costs incurred by Owner. The City shall impose upon ALP, any Successor Master Developer or other any successors and assigns, as a condition of the City's approval of assignment of the development agreement, any tentative or final subdivision map, design review, building permit or other land use approval for the Master Developer, whichever comes first, a requirement that the Owner be paid (but not in trust) fifty percent (50%) of the Planning and Improvement Costs. The City shall pay (without interest) any amounts so collected to the Owner within thirty (30) days from the City's collection thereof. In addition, if Rosedale is purchased by ALP, Christopher Gibbs or an entity owned in part by Christopher Gibbs, the City shall reimburse to Owner the amount of the Total Fees paid by Owner to City, within thirty (30) days from the date of the purchase of Rosedale. 5. Assignment or Transfer. Owner shall not assign or transfer any of its rights or duties under this Agreement without the advance written consent of the City. 6. Indemnity. Owner shall indemnify, defend and hold harmless City, its elected officials, board members, officers, agents, employees and authorized volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including, without limitation, court costs, reasonable attorneys' fees, and expert witness fees, arising out of, in connection with or in any way related to this Agreement, the City's obligations discussed herein, and/or Owner's actions or inactions related to this Agreement, including, without limitation, any actions or inactions related to Owner's activities, except such loss or damage caused by the sole negligence or willful misconduct of City. 7. Termination. In the event Owner defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, City shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to Owner. In the event Owner cures such default within such thirty (30) day period, City's election to terminate shall be deemed revoked and of no further force or effect. 61412\40070200 3 8. Notice. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. City: Owner: City of Azusa CityView 98, L.P. 213 East Foothill Blvd. 10877 Wilshire Blvd., 12t" Floor Azusa, CA 91702-1295 Los Angeles, CA 90024 Attn: City Manager Attn: Mr. Sean Burton 9. Attorneys' Fees. If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this Agreement or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 10. Entire Agreement. This Agreement embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no party, agent or representative of the other, party has made any promise, representation or warranty, express or implied, not expressly contained in this Agreement, that induced the other Party to sign this document. In Witness Whereof, the Parties hereto have signed this Agreement the day and year first above written. [Remainder of page intentionally left blank; Signatures appear on following page] 61412\40070200 4 OWNER: CITYVIEW ROSEDALE 98, L.P., a Delaware limited partnership By: CityView Rosedale, LLC a Delaware limited liability company its general partner Name: C71DPJ r +r [Signatures continued on following page] 61412\4000683x8 B-1 [Signatures continued from previous page] CITY: CITY OF AZUSA By: seph Rocha Mayor By:1..d Arancis M. Delach City Manager Attest: By: Vera Mendoza City Clerk Approved as to form: By: l— 2- 0"A,� onia R. Carvalho Best, Best & Krieger LLP City Attorney 61412\4000683v8 B-2 ESCROW AGREEMENT REGARDING INDEMNIFICATION CLAIMS THIS ESCROW AGREEMENT REGARDING INDEMNIFICATION CLAIMS (this "Agreement") is entered into the 22nd day of June, 2010 ("Effective Date"), by and among the City of Azusa, a California municipal corporation ("City"), CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"), and Fidelity National Title Company ("Escrow Agent"). RECITALS WHEREAS, City and Owner have entered into (a) that certain Agreement to Satisfy Conditions of Development as of even date herewith (the "Agreement to Satisfy"), and (b) that certain Reimbursement Agreement by and between the City of Azusa and CityView Rosedale 98, L.P. as of even date herewith (the "Reimbursement Agreement' and collectively with the Agreement to Satisfy Conditions, the "Agreements"), with respect to certain real property located in the City of Azusa, County of Los Angeles, California and more particularly described in the Agreements as the "Subject Property". WHEREAS, pursuant to the terms of Section 3.5 of the Agreement to Satisfy, and Section 6 of the Reimbursement Agreement (collectively, the "Indemnification Provisions"), Owner is obligated to indemnify, defend and hold City harmless from and against certain potential liabilities (collectively, the "Indemnified Liabilities"). In connection therewith, City has required that Owner deposit in escrow with the Escrow Agent the "Escrow Funds" (defined below), for the period set forth herein and for the purpose of satisfying any claim arising in connection with the Indemnified Liabilities; WHEREAS, City and Owner desire to have the Escrow Agent hold the Escrow Funds for disbursement to Owner and City pursuant to the terms of this Agreement; and WHEREAS, Escrow Agent agrees to hold the Escrow Funds and disburse such Escrow Funds to Owner and City in accordance with the terms of this Agreement. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definitions. All capitalized terms used in this Agreement not otherwise expressly defined in this Agreement shall have the same meanings assigned to such terms in the Agreements. 2. .Deposit of Escrow Funds. Escrow Agent acknowledges the receipt from Owner of One Hundred Thousand and No/100 Dollars ($100,000.00) (the "Escrow Funds"). The Escrow Funds are the property of Owner subject to the terms of this Agreement. Escrow Agent shall disburse the Escrow Funds in strict accordance with the terms of this Agreement. 61412\40070200 3. Deposit Information. (a) The Escrow Funds shall be deposited in a separately segregated interest bearing account or accounts (the "Escrow Account") at a financial institution insured by the FDIC. All interest earned by the funds in the Escrow Account shall be accumulated in the Escrow Account, become a part of the Escrow Funds and be disbursed as provided below. (b) Owner's Employer Identification Number is 27-2870234. 4. Disbursement of Escrow Funds. (a) Indemnification Claims. If, prior to the City's issuance of the certificates of occupancy for each of the 98 units in the Subject Property (the "Escrow Term"), City alleges, in good faith with a good faith belief that Owner is obligated to indemnify the City for an Indemnified Liability arising pursuant to the Indemnification Provisions (a "Indemnification Claim"), by providing written notice to Owner and Escrow Agent, and (ii) Owner does not in good faith dispute the validity of such Indemnification Claim and does not promptly comply with the applicable Indemnification Provisions, then City is entitled to a disbursement of the Escrow Funds to defend itself against an Indemnification Claim in accordance with the terms of this Agreement; provided, however, the aggregate amount the City shall be entitled to recover will not exceed the balance in the Escrow Account. (b) City shall submit any Indemnification Claim to Owner, in writing, setting forth, in detail the following (the "Claim Notice"): (1) the basis for the Indemnification Claim, (1I) the portion of the applicable Indemnification Provision that has been invoked, and (111) a reasonable and good faith estimate of the amount of the Indemnified Liability (the "Liability Estimate"). City shall simultaneously provide a copy of such Claim Notice to Escrow Agent. Within ten (10) business days following the date Owner receives a Claim Notice, Owner shall notify the City and Escrow Agent in reasonable detail of any dispute as to the allegations set forth in City's Claim Notice or its approval of the Indemnification Claim. If Owner does not affirmatively dispute the Indemnification Claim and/or the Liability Estimate and does not promptly comply with its obligation to indemnify City in accordance with the applicable Indemnification Provision, then no more frequently than monthly, City may submit to Escrow Agent, with a copy to Owner, (i) a request to Escrow Agent for disbursement from the Escrow Amount an amount equal to the actual costs incurred by City (and not previously reimbursed) in connection with defending the Indemnification Claim, and (ii) back up documentation evidencing City's expenditure of such amounts. Provided that City has submitted the foregoing items, Escrow shall thereafter disburse such unreimbursed amounts to City, provided, that such amount shall in no event exceed the balance remaining in the Escrow Account. If Owner reasonably and in good faith disputes the Indemnification Claim, the Escrow Agent shall retain the Escrow Funds in the Escrow Account until such time as there is a final determination by a court of competent jurisdiction as to whether Owner is liable for the Indemnification Claim. A "final determination" means the sooner to occur of a final decision made by a court of competent jurisdiction, settlement between Owner and City, or a binding decision reached through an alternative dispute resolution procedure approved by Owner and City. 61412\40070200 2 (c) At the expiration of the Escrow Term, the Escrow Funds remaining in the Escrow Account (including all earnings and interest) as of such date shall be disbursed to Owner within three (3) business days of the expiration of the Escrow Term in the manner directed by Owner; provided, however, if an Indemnification Claim has been made and is not finally determined at the end of the Escrow Term, the portion of the Escrow Funds alleged by City reasonably and in good faith to be necessary to satisfy any such Indemnification Claim shall not be disbursed until the Indemnification Claim is finally resolved or determined by a court of competent jurisdiction or by mutual agreement of the parties. 5. Third Party Claims. The Escrow Funds shall not be disbursed by Escrow Agent for any Indemnification Claim which arises from a claim by a third party when that claim has been settled by or on behalf of City without Owner's written approval, provided such written approval has not been unreasonably withheld. 6. Liability and Protection of Escrow Agent. (a) _Powers _ Generally. Escrow Agent has only the rights, powers, privileges, and duties expressly set forth in this Agreement, together with those rights, powers, and privileges reasonably incident thereto, and is not a party to, and is not bound by, or charged with notice of any agreement other than this Agreement. (b) Actions on Notice, etc. Escrow Agent may rely upon any written notice, request, waiver, consent, certificate, receipt, authorization, power of attorney or other document that Escrow Agent, in good faith, reasonably believes to be genuine and to be signed by the proper party or parties hereto. (c) Advice of Counsel. Escrow Agent may rely on the legal opinion of its legal counsel in the event of any dispute or question concerning the construction of any provision of this Agreement or its duties hereunder, and shall incur no liability as a result of reliance on such opinion. (d) Compensation _fnr Services. Escrow Agent shall be entitled to reasonable fees and expenses for customary services, as Escrow Agent hereunder, according to its standard rate sheet for these services and all such compensation shall be paid and shared one- half by City and one-half by Owner. The fees and expenses may be revised from time to time to reflect current rates for such services. (e) Resignation. Escrow Agent may resign upon seven (7) days prior written notice to the other parties to this Agreement. Escrow Agent may be removed by the mutual agreement of Owner and City. If Escrow Agent resigns or Owner and City agree to remove the Escrow Agent, then Owner and City must use their best efforts to agree upon a substitute Escrow Agent. If Escrow Agent resigns or is removed and no successor Escrow Agent is agreed upon within forty-five (45) days following the resignation or removal of the existing Escrow Agent, City may designate the successor Escrow Agent provided such Escrow Agent must be a title company with an office in the County of Los Angeles. 61412\40070200 3 (f) Liability - Negligent Acts. Escrow Agent will not be liable for anything that it may do or refrain from doing in connection with this Agreement, except for acts that constitute gross negligence, willful misconduct, or constitute a breach of its fiduciary duties. 7. Indemnity. Owner and City agree, jointly and severally, to indemnify and hold Escrow Agent harmless from and against all costs, damages, judgments, attorneys' fees, expenses, and obligations or liabilities of any kind or nature that Escrow Agent may incur or sustain in connection with or arising out of this Agreement, except to the extent due to Escrow Agent's gross negligence, willful misconduct, or breach of fiduciary duties arising from this Agreement. 8. Waiver. Neither this Agreement nor any of its provisions may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the parties against which the enforcement of such waiver, modification, amendment, discharge, or termination is sought and, then, only to the extent set forth in such instrument. 9. Books and Records. Escrow Agent will maintain proper books and records for the Escrow Account. All amounts to be disbursed by Escrow Agent under this Agreement shall be paid solely out of the Escrow Funds. 10. Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. 61412\40070200 4 City: City of Azusa 213 East Foothill Boulevard Azusa, California 91702-1295 Attn: City Manager Telephone: (626) 812-5224 Facsimile: (626) 334-6358 Owner: CityView Rosedale 98, L.P. 10877 Wilshire Boulevard, 12th Floor Los Angeles, California 90025 Attn: Sean Burton Telephone: (310) 566-8700 Facsimile: (310) 566-8786 Escrow Agent: Fidelity National Title Company 1300 Dove Street, Suite 310 Newport Beach, California 92660 Telephone: (949) 622-4911 Facsimile: (949) 477-6835 11. Invalidity. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision of this Agreement and this Agreement as so amended shall be construed as if the offending provision had never been part of the Agreement. 12. Time. Time is of the essence in the performance of each provision of this Agreement. 13. Counterparts and Facsimile Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and that together will constitute one and the same agreement. Signatures sent by one party to the other via facsimile transmission shall be deemed original signatures, binding upon the party so sending such signature, and shall be and hereby are deemed original signatures. 14. Successors and Assigns. The terms and provisions of this Agreement are binding upon and inure to the benefit of each of the parties and their successors and assigns. 15. Governing, Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. [Remainder of page intentionally left blank; Signatures appear on following page] 61412\40070200 OWNER: CITYVIEW ROSEDALE 98, L.P., a Delaware limited partnership By: CityView Rosedale, LLC a Delaware limited liability company its general partner By: Name: 6 Its:Mind--0) [Signatures continued on following page] 61412\40070200 S-1 [Signatures continued from previous page] CITY: CITY OF AZUSA By: osep R. Rodoa Mayor By:�q` rVV azxcis M. Delach City Manager Attest: By: Vera Mendoza City Clerk Approved as to form: By: 4�-- Sonia R. Carvalho Best, Best & Krieger LLP City Attorney 61412\40070200 S_2 [Signatures continued on following page] 61412\40070200 S-3 [Signatures continued from precious page] ESCROW AGENT: FIDELITY NATIONAL COMPANY By: _ Name:. Its: vp--- - - - 614IZ400702OV3 SA AGREEMENT TO SATISFY CONDITIONS OF DEVELOPMENT PARTIES AND DATE. This Agreement is entered into as of this 22nd day of June, 2010, ("Effective Date") by and between the City of Azusa, a California municipal corporation ("City") and CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"). City and Owner are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." 2. RECITALS. 2.1 The City and Monrovia Nursery Company, a California corporation ("MNC"), entered into a Development Agreement ("Development Agreement") dated May 27, 2004, and recorded on July 29, 2004, as Document No. 04-1952514 in the Official Records of Los Angeles County, California. 2.2 The Development Agreement related to the approximately 520 acre Monrovia Nursery Specific Plan property located in the City, described and depicted in Exhibits A and B of the Development Agreement, and now known as "Rosedale" ("Rosedale"). 2.3 On August 30th, 2004, Azusa Land Partners, LLC, a Delaware limited liability company ("ALP"), agreed to be subject to the provisions of the Development Agreement, other than specified retained obligations, and to assume the role of owner under the Development Agreement. This arrangement was memorialized in Operating Memorandum No. 1, recorded on September 1, 2004 as Document No. 04-2252766 in the Official Records of Los Angeles County, California. 2.4 ALP sold portions of Rosedale ("Starfield Property") to Starfield Azusa Arborview, LLC, a Delaware limited liability company ("Starfield Arborview"), Starfield Azusa Heritage Oaks, LLC, a Delaware limited liability company ("Starfield Heritage Oaks"), and Starfield Azusa Greenbriar, LLC, a Delaware limited liability company ("Starfield Greenbriar"; collectively, the "Starfield Entities"). 2.5 Starfield Arborview sold four (4) single family homes within the Starfield Property. Starfield Greenbriar sold two (2) single family homes within the Starfield Property. 2.6 RC Properties VI, ("RC Properties") subsequently acquired the Starfield Entities' remaining interest in the Starfield Properties, which consisted of, among other things, twenty- seven (27) production/model single family homes, seventy-nine (79) partially -completed single family homes, and nineteen (19) single family home slabs. RC Properties subsequently sold the (27) production/model single family homes, leaving it with ninety-eight (98) partially -completed single family lots and slabs located on real property ("Subject Property"). 61412\40070200 2.7 Owner purchased the Subject Property from RC Properties. 2.8 The remainder of Rosedale is in foreclosure. In the future, Rosedale may be purchased by ALP or another master developer ("Successor Master Developer"). The Development Agreement does not address who is responsible for fees and improvements which the City may require of Owner as a condition of obtaining building permits. The parties desire to resolve this uncertainty and clarify the obligations for which Owner will be responsible and to further require that ALP or the Successor Master Developer, as applicable, reimburse Owner for fees it pays and improvements it completes. 3. TERMS. 3.1 Fees. Owner promises and agrees to pay a fee of Ten Thousand Dollars ($10,000) per unit ("Fee"), for a total of Nine Hundred Eighty Thousand Dollars ($980,000), representing the fee for 98 units (the "Total Fee"). Owner promises and agrees to pay twenty-five percent (25%) of the Fee when a building permit is pulled and the remaining seventy-five percent (75%) of the Fee shall be paid prior to the City's issuance of a certificate of occupancy for each unit. 3.2 Community Facilities District Special Taxes: Owner agrees to pay the One -Time Special Tax payment for each residential unit owned by Owner as defined and set forth in the Rate and Method of Apportionment for Improvement Area No. 1 of Community Facilities District No. 2005-1 prior to the issuance of the Certificate of Occupancy. City will not issue a Certificate of Occupancy until the One -Time Special Tax payment is paid. 3.3 Improvements. Owner promises and agrees to construct or to cause to be constructed, at Owner's sole cost and expense, all improvements as detailed in the Public Improvement Agreements for Tract Nos. 54057-8, 54057-14 and 64417 and in the "Scope of Development" attached hereto and incorporated herein as Exhibit "A" ("Improvements"). Owner promises and agrees to pay all applicable fees and expenses associated with construction of the Improvements, including, but not limited to, any of the City's actual costs of all planning checking, report reviews, engineering, inspection and testing services or other service fees rendered or required. 3.3.1 Reimbursement Agreement. Although Owner is not specifically obligated under its entitlements, City has determined that requiring Owner to pay the Total Fee and construct Alisal Park will result in more consistent and orderly improvement of public facilities serving the 98 units. Concurrently with the execution of this Agreement, the City shall enter into a Reimbursement Agreement, substantially in the form set forth as Exhibit `B" and incorporated herein by reference. 3.3.2 Improvements on Land Not Owned By Owner. In any instance where the Owner is required to construct any public or future HOA owned improvement on land not owned by the Owner, the Owner shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements, including, but not limited to, acquiring a license to enter the property. 61412\40070200 2 A. In the event the Owner is unable, after reasonable efforts, to acquire the real property interests necessary for the construction of such Improvements, the Owner must, upon written demand by the City, provide evidence, including, but not limited to letters, phone records and meeting notes that the Owner made a good faith and reasonable effort to acquire those real property interests. B. In the instance that the Owner is unable, after reasonable efforts, to acquire the real property interests necessary for the construction of such Improvements, the City shall exercise efforts in its sole and absolute discretion, to acquire the real property interests for the construction of such Improvements. Nothing in this Agreement shall be in any way construed to require the City to acquire such real property interests through exercise of its eminent domain powers. C. In the instance that both the Owner and the City are unsuccessful at acquiring the real property interests in order to construct such Improvements, the Owner promises and agrees to pay the costs of completion of those Improvements. The costs shall be adjusted each year at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers, Los Angeles -Riverside -Orange Counties. D. The City hereby grants to Owner, its contractors, agents and employees, a temporary non-exclusive license in, on, over, under, along, through and across Lot A of Tract 54057-8 to the extent necessary to complete construction of Citrus Park. In addition, the City hereby grants to Owner, its contractors, agents and employees, a temporary non- exclusive license in, on, over, under, along, through and across the property adjacent to Lot A of Tract 54057-8 to the extent necessary to complete construction of the Improvements relating to Citrus Park 3.3.3 Quality of Work. The Improvements shall be engineered, constructed and completed in a skillful and workmanlike manner in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state and local laws, ordinances, regulations, codes, standards and other requirements applicable at the time work is actually commenced. 3.3.4 Prior Partial Construction of Improvements. Where construction of any Improvements has been partially completed prior to the Effective Date, Owner agrees to diligently pursue and to complete such Improvements or assure their completion in accordance with this Agreement. 3.3.5 Construction Schedule. Unless extended in writing by amendment of this Agreement, Owner shall fully and adequately complete or have completed the Improvements pursuant to Construction Phasing Schedule attached as Exhibit "B". 3.3.6 Acceptance of Improvements. If the Improvements are properly completed by Owner and approved by City, and if they comply with all applicable federal, state and local laws, ordinances, regulations and other requirements, City shall accept the 61412\40070200 Improvements and furnish Owner with written notification of said acceptance within thirty (30) days of Owner's written request for same. 3.3.7 Performance and Surety Bond. Prior to issuance of a the first building permit, Owner shall provide City with a faithful performance bond and surety bond in an amount to be determined within Thirty (30) days of the Effective Date, which sum shall be not less than one hundred percent (100%) of the costs to construct the Improvements, to guarantee the faithful performance of the Improvements and all of the provisions of this Agreement. The surety shall be authorized to do business in California and shall be satisfactory to the City. The amount of the bond required hereunder is based upon an approximation of the actual cost of the Improvements; the actual amount of Owner's obligation under this Agreement shall be the actual cost of the Improvements to be completed and accepted by the City. Upon request of the City, the amount of the bonds shall be subject to adjustment at the sole and absolute discretion of the City if the estimated cost of the Improvements changes. As part of the obligation secured by the surety and in addition to the face amount of the bonds, the surety shall also secure the administrative costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of this Agreement or the Improvements shall in any way affect its obligation on the bond. In addition, the surety waives notice of any change, extension of time, alteration or addition to the terms of this Agreement or the Improvements. 3.4 No Further Obligations. By paying the Total Fee and constructing the Improvements, City agrees that Owner has satisfied all applicable conditions of approval and public improvement construction obligations under all entitlements, development approvals, and/or agreements governing or restricting the Subject Property, including but not limited to the following: General Plan Amendment GPA 2002-03, the Monrovia Nursery Specific Plan, Zone Change Z2002-03, the pre -zoning of the Annexation Property, Vesting Tentative Tract Map No. 54057, and the Mitigation Monitoring Plan for the Monrovia Nursery Specific Plan Final Environmental Impact Report. Owner shall then have a vested right to proceed with the Project. 3.5 Indemnification. Owner and its surety shall defend, indemnify and hold City, its officials, officers, employees, agents and volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Owner, its officers, employees or agents arising out of or in connection with Owner's construction of the Improvements, its performance of this Agreement, and any third party challenge to the validity of this Agreement (including that Owner has no further obligations other than the Total Fee and Improvements), including without limitation the payment of reasonable attorneys' fees. This indemnification provision shall survive the termination or expiration of this Agreement. 3.6 Remedies Upon Default. Upon Owner's failure to perform any of its obligations hereunder ("Default"), and at any time after any such Default, City may make a written demand upon Owner or its surety, or both, to immediately remedy or cure any such default ("Default Notice"). If the Default is not cured within thirty (30) days of Owner's receipt of such Default Notice, City may then complete all remaining work, arrange for the completion of all remaining 61412\40070200 4 work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required. All such work or remedial activity shall be at the sole and absolute expense and obligation of Owner and its surety, without the necessity of giving any further notice to Owner or surety. City's right to take such actions shall in no way be limited by the fact that Owner or its surety may have constructed any of the required Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Owner or its surety to cease in order to permit adequate coordination by City. 3.7 License to Enter, Inspect and Complete. For the purpose of assuring compliance with this Agreement, Owner grants the City, its employees, independent contractors, agents and assigns, the license to enter the Property, and guarantees the City's right to reasonable access for the purpose of. (i) inspecting the progress of the Improvements throughout the term of this Agreement; and (ii) completing Improvements in a good and workmanlike manner on a lien free and defect free basis in the event of Default as defined in Section 3.6 ("License"). City will use good faith efforts to minimize any interference that the City's entry may have upon the Owner's use and occupancy. The License shall remain valid until the improvements are completed to the satisfaction of the City. The ability of the City to enter the Property and complete the Improvements is of particular concern to the City, and it is because of this License the City has agreed to enter into this Agreement. 3.8 Attorney's Fees. Should either Party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing Party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit. 3.9 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. City: Owner: City of Azusa CityView 98, L.P. 213 East Foothill Blvd. 10877 Wilshire Blvd., 12th Floor Azusa, CA 91702-1295 Los Angeles, CA 90024 Attn: City Manager Attn: Mr. Sean Burton 4.1 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, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 61412\40070200 4.2 Successors and Assigns. The rights and obligations under this Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Owner without the prior written consent of City. 4.3 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 4.3 Waiver. The City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach hereunder, shall not relieve the Owner of any of its obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the City's actions are intentional or unintentional. Owner agrees to waive, as a defense, counterclaim or setoff, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Improvements or this Agreement. In Witness Whereof, the Parties hereto have signed this Agreement the day and year first above written. [Remainder of page intentionally left blank; Signatures appear on following page] 61412\40070200 6 OWNER: CITYVIEW ROSEDALE 98, L.P., a Delaware limited partnership By: CityView Rosedale, LLC a Delaware limited liability company its general partner By: Name: E Its: [Signatures continued on following page] 61412\4000683x8 [Signatures continued fi°om previous page] CITY: CITY OF AZUSA By: Jc seta R. Rocha Mayor By: tzis M. Delach City Manager Attest: By: Vera Mendoza City Clerk Approved as to form: By: Ak [l� Sonia R. Carvalho Best, Best & Krieger LLP City Attorney 61412\4000683v8 EXHIBIT "A" SCOPE OF DEVELOPMENT Owner promises and agrees to construct or cause to be constructed the following: 1. Slope Landscaping. Lot B, C and D, Tract 54057-8 (Greenbriar) The slopes will be maintained by the HOA after acceptance. Lots B, C and D are owned by Owner. 2. Citrus Grove Park. Lot A, Tract 54057-8. Citrus Grove park will be maintained by the City after acceptance. Lot A is owned by the City. 3. Slope Landscaping. Lots A, B, D, E and F Tract 54047-14 (Heritage Oaks). The slopes will be maintained by the HOA after acceptance. All Lots owned by ALP. 4. Alisal Park. Lot 18 Tract 54057 -13. Alisal park will be maintained by the City after acceptance. Lot 18 is owned by ALP. 5. Improvements detailed in the Public Improvement Agreements for Tract Nos. 54057-8, 54057-14 and 64417. 61412\4000683v8 A-1 EXHIBIT "B" REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND CITYVIEW ROSEDALE 98, L.P. This Reimbursement Agreement ("Agreement") is entered into this 22nd day of June 2010, by and between the City of Azusa, a California municipal corporation (the "City"), and CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"). All parties are at times referred to collectively as "Parties" and individually as "Party" herein. Recitals WHEREAS, the City and Monrovia Nursery Company, a California corporation ("MNC"), entered into a Development Agreement ("Development Agreement") dated May 27, 2004, and recorded on July 29, 2004, as Document No. 04-1952514 in the Official Records of Los Angeles County, California. WHEREAS, the Development Agreement related to the approximately 520 acre Monrovia Nursery Specific Plan property located in the City, described and depicted in Exhibits A and B of the Development Agreement, and now known as "Rosedale" ("Rosedale"). WHEREAS, on August 30th, 2004, Azusa Land Partners, LLC, a Delaware limited liability company ("ALP"), agreed to be subject to the provisions of the Development Agreement, other than specified retained obligations, and to assume the role of owner under the Development Agreement. This arrangement was memorialized in Operating Memorandum No. 1, recorded on September 1, 2004 as Document No. 04-2252766 in the Official Records of Los Angeles County, California. WHEREAS, ALP sold portions of Rosedale ("Starfield Property") to Starfield Azusa Arborview, LLC, a Delaware limited liability company ("Starfield Arborview"), Starfield Azusa Heritage Oaks, LLC, a Delaware limited liability company ("Starfield Heritage Oaks"), and Starfield Azusa Greenbriar, LLC, a Delaware limited liability company ("Starfield Greenbriar"; collectively, the "Starfield Entities"). WHEREAS, Starfield Arborview sold four (4) single family homes within the Starfield Property. Starfield Greenbriar sold two (2) single family homes within the Starfield Property. WHEREAS, RC Properties VI, ("RC Properties") subsequently acquired the Starfield Entities' remaining interest in the Starfield Properties, which consisted of, among other things, twenty- seven (27) production/model single family homes, seventy-nine (79) partially -completed single family homes, and nineteen (19) single family home slabs. RC Properties subsequently sold the (27) production/model single family homes, leaving it with ninety-eight (98) partially -completed single family lots and slabs located on real property ("Subject Property"). WHEREAS, Owner purchased the Subject Property from RC Properties. 61412\40070200 WHEREAS, the remainder of Rosedale is in foreclosure. In the future, Rosedale may be purchased by ALP or another master developer ("Successor Master Developer"). The Development Agreement does not address who is responsible for fees and improvements which the City may require of Owner as a condition of obtaining building permits. The parties desire to resolve this uncertainty and clarify the obligations for which Owner will be responsible and to further require that ALP or the Successor Master Developer, as applicable, reimburse Owner for fees it pays and improvements it completes. WHEREAS, prior to the City issuing building permits for the Property, the City requires the Owner to satisfy certain conditions of approval and diligently pursue entitlements ("Conditions") as detailed in a separate agreement entered into by the Parties, "Agreement to Satisfy Conditions of Development". WHEREAS, two conditions the Owner must satisfy prior to receiving building permits are to (a) complete all improvements as detailed in the "Scope of Development" attached to the Agreement to Satisfy Conditions of Development ("Improvements"), and (b) pay a fee of Ten Thousand Dollars ($10,000) per unit (the "Fee"), for a total of Nine Hundred Eighty Thousand Dollars ($980,000), representing a total fee for 98 units (the "Total Fee"). WHEREAS, the Parties agree that Owner shall be reimbursed for fifty percent (50%) of the construction of Alisal Park from ALP, the Successor Master Developer or a developer of the Tract for which a condition of approval is the construction of Alisal Park. WHEREAS, the Parties agree that Owner shall be reimbursed the Total Fee from the City, if ALP purchases Rosedale or if Rosedale is purchased by Christopher Gibbs or by entity owned in part by Christopher Gibbs. AGREEMENT NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties agree as follows: 1. Incorporation of Recitals. The Parties acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement. 2. Design and Construction of the Alisal Park Site. Owner shall be solely responsible for the design and engineering, acquisition of land and materials, construction, installation, plan check, and inspection ("Planning and Improvement") of Alisal Park in accordance with the Construction Phasing Schedule attached as Exhibit C to the Agreement to Satisfy Conditions of Development. 3. Approval of Cost of Improvements. Within forty-five (45) days of the completion of Alisal Park and formal acceptance by the City, Owner shall give City an itemized accounting of the reasonable and actual costs of Alisal Park, including, without limitation, 61412\40070200 2 the costs of plan check fees, bond fees, and engineering expenses in connection with Alisal Park (the "Planning and Improvement Costs") incurred by Owner. 4. Terms of Reimbursement. The City shall cause ALP, any Successor Master Developer or any other successors and assigns to reimburse to Owner fifty percent (50%) of the Planning and Improvement Costs incurred by Owner. The City shall impose upon ALP, any Successor Master Developer or other any successors and assigns, as a condition of the City's approval of assignment of the development agreement, any tentative or final subdivision map, design review, building permit or other land use approval for the Master Developer, whichever comes first, a requirement that the Owner be paid (but not in trust) fifty percent (50%) of the Planning and Improvement Costs. The City shall pay (without interest) any amounts so collected to the Owner within thirty (30) days from the City's collection thereof. In addition, if Rosedale is purchased by ALP, Christopher Gibbs or an entity owned in part by Christopher Gibbs, the City shall reimburse to Owner the amount of the Total Fees paid by Owner to City, within thirty (30) days from the date of the purchase of Rosedale. 5. Assignment or Transfer. Owner shall not assign or transfer any of its rights or duties under this Agreement without the advance written consent of the City. 6. Indemnity. Owner shall indemnify, defend and hold harmless City, its elected officials, board members, officers, agents, employees and authorized volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including, without limitation, court costs, reasonable attorneys' fees, and expert witness fees, arising out of, in connection with or in any way related to this Agreement, the City's obligations discussed herein, and/or Owner's actions or inactions related to this Agreement, including, without limitation, any actions or inactions related to Owner's activities, except such loss or damage caused by the sole negligence or willful misconduct of City. 7. Termination. In the event Owner defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, City shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to Owner. In the event Owner cures such default within such thirty (30) day period, City's election to terminate shall be deemed revoked and of no further force or effect. 61412\40070200 3 8. Notice. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. City: Owner: City of Azusa CityView 98, L.P. 213 East Foothill Blvd. 10877 Wilshire Blvd., 12th Floor Azusa, CA 91702-1295 Los Angeles, CA 90024 Attn: City Manager Attn: Mr. Sean Burton 9. Attorneys' Fees. If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this Agreement or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 10. Entire Agreement. This Agreement embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no party, agent or representative of the other party has made any promise, representation or warranty, express or implied, not expressly contained in this Agreement, that induced the other Party to sign this document. In Witness Whereof, the Parties hereto have signed this Agreement the day and year first above written. [Remainder of page intentionally left blank; Signatures appear on following page] 61412\40070200 4 OWNER: CITYVIEW ROSEDALE 98, L.P., a Delaware limited partnership By: CityView Rosedale, LLC a Delaware limited liability company its general partner By: Name: Its: [Signatures continued on following page] 61412\4000683v8 B-1 [Signatures continued from previous page] CITY: CITY OF AZUSA an Attest: Joseph R. Roche Mayor Francis M. Delach City Manager Vera Mendoza City Clerk Approved as to form: Sonia R. Carvalho Best, Best & Krieger LLP City Attorney 61412\4000683v8 B-2 EXHIBIT "C" CONSTRUCTION PHASING SCHEDULE Owner promises and agrees to complete the improvements prior to certificate of occupancy ("C of O") for the below listed houses as follows: Tract 54057-8 (Greenbriar) Citrus Grove Park (Lot A) — completed prior to C of O for Lot 43 Slope Landscaping (Lot B) — completed prior to C of O for Lot I Slope Landscaping (Lot C) — completed prior to C of O for Lot 6 Slope Landscaping (Lot D) — completed prior to C of O for Lot 15 Tract 54057-14 (Heritage_ flaps) Slope Landscaping (Lot A) — completed prior to C of O for Lot 1 Slope Landscaping (Lot B) — completed prior to C of O for Lot 8 Slope Landscaping (Lot D) — completed prior to C of O for Lot 24 Slope Landscaping (Lot E) — completed prior to C of O for Lot 30 Slope Landscaping (Lot F) — completed prior to C of O for Lot 31 Alisal Park (Lot 18 tract 54057-13) — completed prior to C of O for Lot 4 61412\4000683v8 C-1 c,At,�Rrr. • y AGENDA REGULDDEV LOpMENT AGENCY , CYCIL HE AN MONDAY,NNE 21,2010 AZUSA AUDITORIUM 6:30 P.M. 213 EAST FOOTHILL BOULEVARD t AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR ANGEL CARRILLO COUNCILMEMBER KEITH HANKS COU BER ROBERT GONZALES URIEL E.MA CIAS MAYOR PRO-TEM COUNCILMEMBER NOTICE TO THE PUBLIC Agenda and are available for public inspection at the City Library. Copies of staff reports or other written documentation relating to each item of business referred to on the p ice o the City Clerk are on file in the Off / Agenda, shall fill out a card requesting to Persons who wish to speak during the Public he start of the City Council meeting. When called, each person Participation portion of the speak and shall submit it to the City Clerk prior to t may address any item on or off the agenda during the public participation. 6:30 P.M• CEREM O winners at the Mont View League Presentation of Certificates of Recognition to the 2010 Gladstone Swim Team, Finals. CLOSED SESSION 1. CONFERENCE'WITH LABOR NEGOTIATOR Gov. Code Sec. 5cial o Kreimeier Administrative Services Director-Chief Financial officer Agency Negotiators: AMMA SEIU, APOA, APMA and ACEA Organizations - 1 - 06/21/10 2. CONFERENCE WITH LEGAL COUNSEL_EXISTING LITIGATION Farris V. City ofAzusa_ Los Angeles Superior Court, Case Number KC 056193GOV. Code Sec. 54956.9 a 3. CONFERENCE WITH LEGAL COUNSEL— 5495 � Tln.eat of Litigation, One case. ANTICIPATED LITIGATION _ Gov. Code Sec. 4. REAL PROPERTY NEGOTIATIONS Gov. Code Sec. 54956.8 Agency Negotiators: City Mana er Delach and Assistant Ci Under Negotiation: g Price and Terms of pa City Manager Makshanoff ym .nt a. NEC AZUSA/ARROW SITE Address: 17511 E. Arrow Negotiator: y Trustst Fowler Family Azusa, CA 91702 Address: 17525 E. Arrow Hwy Negotiating Parties: City of Azusa and Cit} ofAzusa Redevelopment Agency b. FORMER MILLER PROPERTY Address: 902, 906, 908 & 912 N. Alam Negotiating Parties: City of Azusa and Ci ty of Azeda Avenue, Azusa usa Redevelo aAgency ' CA 91702 pment 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. L Call to Order 2. Pledge to the Flag 3. Invocation—Pastor Samuel Martinez of Christian Faith Center of the Valley A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without inter to compliance with applicable meeting +nPh°n u to questions or g rules. th fzve(S)minutes maximum time, subject comments shall sixty handled after the Speaker has pmpleted his/her comments. Participation will be limited to six resp to the speaker's tJ (60)minutes time.) Public B. REPORTS UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1• Mayor Rocha— 1 Annual Confer ) Request to designate a voting delegate ence to be held September 15-17 in San Diand alternate to the League of California Cities 60s'Anniversary,of the Korean Armistice Day. ego.2). Request forproclamation in honor of the 2• Mr. Habib Balian to provide update on the Gold Line Foothill Extension Project and Schedule. 3. Discussion regarding consideration of canceling City Council meetings in August. 4• Request for certificates of recognition of the Kids Come First Golf Tournament Sponsors. 5. Update on financial periodicals in the Library. /21/l0 - 2 C. SCHEDULED ITEMS OPMENT AUTHORITY COCIL,THE CONSIDER THE FOLLOWING:AGENCY AND THE AZUSA CONVENE JOINTLY AS THE DEVEL PUBLIC FINANCING 1 FISCAL YEAR 2010/11 CITY AZUSA PUBLIC FINANCING AUTHORITY AND s, and the Azusa Public Financing Authority's Operating and REDEVELOPMENT AGENCY BUDGET ADOPTION• RECOMMENDED ACTION: Formally adopt the City's,the Redevelopment Agency operating and Capital Budgets"),as Capital Improvement Budgets for Fiscal Yeaz 2010/1l (the,,Combined Op g proposed at the June 1, 2010 Budget Workshop together with such amendments as they should desire and adopt the following Resolutions: rovin a Waive further reading and adopt Resolution No.10-C34, (City) approving the budget and app g appropriations for the City of Azusa for the Fiscal Year commencing July 1,2010 and ending June 30,2011. (Agency)approving thebudget and approving b.Waive further reading anadopt RR oluti Redevelopment Agency for the Fiscal Year commencing July 1, 20 10 appropriations for the City of Azuand ending June 30, 2011. Authority)approving Azusa Public Financing for the Fiscal Year c.Waive further reading anaapropt Resolution � for the AzusaPublic Authority Financing the budget and approving PP P commencing July 1, 2010 and ending June 30, 2011. BLIC FINANCING AUTHORITY TO REDEVELOPMENT AGENCY TO RECESS,THE AZUSA PU THE ADJOURN, AND CITY COUNCIL TO CONTINUE. 2. PUBLIC HEARING—2010 REFUSE RATE ADJUSTMENT. � RECOMMENDED ACTION: adjustment for Athens Services effective July 1, 2010, by adopting Approve a refuse collection rate Agreement. Resolution No. 10-C35, amendment number fourteen to the Exclusive Franchise ON 3. RECONSIDERATION OF CITY COUNCIL ACTION REGARDING APPLICATION FOR AZUSA AGREEMENT AND ENVIRONMENTAL IMPACT REPORT IR + ROCKMODIFICATIO TTO CONDTTIONAL USE PERMIT C-89-2 E S COMP IANY pI DEVELOPMEN { LOCATED AT 3901 FISH CANYON ROAD "APPLICANT: VULC ' gECOMMENDED ACTION: g p hcant any to address the issues,and notice a legally required public hearing for the July 6, Provide direction to staff to address the issues listed in the report and to negotiate with the applicant necessary changes required 2010, City Council meeting. r - 3 - 06/21/10 D. CONSENT CALENDAR r The Consent Calendar adopting the printed ff wish to address actions will be enacted with one vote. If recommended c Councilmembers or Staany item on the Consent Calendar individually, it.will be considered under SPECL4L CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REG ULARSPECIAL MEETINGS OF FEBRUARY 22ND MARCH MEETING OF JUNE 7 2010 AND THE MARCH 22 AND APRIL 26TH 2010. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Memorandum of Understanding(s). the City ofAzusa Civil Service Rules and applicable 3. BLANKET PURCHASE ORDERS OF$10 000 AND OVER FY 2010-11. RECOMMENDED ACTION: In accordance with Sections 2-523 and 2-524, under Article VII, Bidding and Contracting, of the Municipal Code, approve the issuance of Blanket purchase Orders in an amount of$10,000 or more, detailed on the schedule. Azusa 4. STAFF REPORT- APPROVAL OF NEW AND LI�Ry REVISED POLICIES FOR AZUSA CITY RECOMMENDED ACTION: Approve the six attached library policies: Materials Selection Policy, Patron Conduct Policy, Internet Use Policy; Meeting Room Policy, Wheelehan Auditorium; Friends of the Library policy, Display Policy. , 5. A TWO-YEAR EXTENSION OF THE EXPIRATION DATE FOR THE REVIEW DR 2007-43 FOR THE 700 BLOCK OF DALTON AVENUE. APPLICANT: AZUSA REDEVELOPMENT AGENCY APPROVED DESIGN CITY OF RECOMMENDED ACTION: Adopt Resolution No 10-C36, approving a two-year extension of time for Design Review DR 2007-43. )6/21/10 - 4- 6. CIP #66110G TARGET INTERSECTION IMPROVEMENTS PROJECT: REQUEST FOR ADDITIONAL FUNDS FOR CALTRANS REQUIRED SIGNAL EQUIPMENT AT AZUSA AVENUE AND FIRST STREET. RECOMMENDED ACTION: Authorize additional funds in the amount of$46,260.00 for CIP#66110G,Target Intersection Improvements Project,to CT&F,Incorporated for the acquisition of Caltrans required signal equipment at the intersection of Azusa Avenue and First Street. 7. CIP PROJECT NO.66109M: CITRUS AVENUE AND UNIVERSITY DRIVE TRAFFIC SIGNAL AND COMMUNICATION IMPROVEMENTS RECOMMENDED ACTION: Approve a Notice of Completion for the following project 'and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: Citrus Avenue and University Drive Traffic Signal and Communication Project No.66109M—$103,844.59—Christopher R.Morales,Inc.,San Dimas,CA 91773 t 8. APPROVAL OF PROPOSED AGREEMENTS WITH GMAC RESIDENTIAL CAPITAL LLC/RC PROPERTIES VI REGARDING CONDITIONS OF DEVELOPMENT AND REIMBURSEMENT OF LEGAL FEES FOR ROSEDALE PROJECT. Approve the proposed "Agreement to Satisfy Conditions of Development' and the proposed "Reimbursement Agreement"with GMAC Residential Capital LLC/RC Properties VI(GMAC)regarding the sale and development of 98 units in the master-planned community of Rosedale, and authorize the City Manager to execute the agreements, with any non-substantive revisions approved by the City Attorney. 9. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 10-C37. E. AGENCY SCHEDULED ITEMS 1. AMENDMENT TO REDEVELOPMENT AGENCY BYLAWS RECOMMENDED ACTION: Adopt Resolution No. 10-R22,making certain changes to the Redevelopment Agency bylaws. 06/21/10 - 5 - e 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 JUNE 7,2o1 o. RECOMMENDED ACTION• Approve Minutes as written. 2. NOTICE OF COMPLETION FOR THE ABATEMENT AND DEMOLITION OF THE ATLANTIS GARDEN PROJECT. RECOMMENDED ACTION: Prime Demolition Inc. of San Pedro, CA, has completed the abatement and demolition of the Atlantis Garden Project No.505320. Approve the Notice of Completion and authorize the Chairman to execute the document on behalf of the Agency, and authorize the Secretary to submit said Notice of Completion for recordation to the Office of the County Recorder of Los Angeles County, within ten days of the Agency Board approval, as required by Section 3093 of the California Civil Code. 3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 10-R23. G. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: June 28, 2010, Utility Board Meeting—6:30 p.m. Azusa Light and Water Conference Room July 6, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium July 19, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at thefollowing locations: Azusa City Clerk's Office-213E.FoothillBoulevard,Azusa City Library-729 N.Dalton Avenue, and Azusa Police Department Lobby- 725 N.Alameda,Azusa, California. In compliance with theAmericans with Disabilities Act,ifyou need special assistance to participate in a city meeting,please contact the City Clerk at 616-812-5219. 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. 06/21/10 6 ,r S SCHEDULED ITEM TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL/BOARD MEMBERS /, FROM: F. M. DELACH, CITY MANAGER i/"�/`O DATE: JUNE 21, 2010 SUBJECT: FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORTIY, AND REDEVELOPMENT AGENCY BUDGET ADOPTION RECOMMENDATION It is recommended that the City Council and respective Boards formally adopt the City's, the Redevelopment Agency's and the Azusa Public Financing Authority's Operating and Capital Improvement Budgets for Fiscal Year 2010/11 (the "Combined Operating and Capital Budgets") as proposed at the June 1, 2010 Budget Workshop together with such amendments as they should desire and approve the attached Resolutions. BACKGROUND It is a pleasure to inform the City 'Council that when many cities are cutting budgets and struggling to balance their revenues and expenditures, the City of Azusa has been able to maintain its service levels and staffing. The Combined Operating and Capital Budgets for FY 2010/11 were presented to Council at the June 1, 2010 workshop, at which time they were presented in detail. Council tentatively approved the budgets at the workshop and directed staff to make certain amendments, and finalize the budget documents and resolutions for adoption. The resolutions and budget amendments (attachment"A") are included with this memorandum. FISCAL IMPACT The Combined Operating Budget of $143,607,760 (comprising the City General Fund, Enterprise funds, Special Revenue funds, Azusa Redevelopment Agency, and the Public Finance Authority) and the Capital Budget of$13,741,070 together with the costs of such amendments as the Council and respective Boards may approve pursuant to Attachment "A" of this report. The General Fund appropriation is $33,566,115. ATTACHMENTS Budget Resolutions Attachment "A" Budget Summaries R RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING NNE 30, 2011 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the City of Azusa for the fiscal year commencing July 1, 2010 and ending June 30,2011,presented and reviewed at a public workshop held June 1,2010,as modified by the City Council pursuant to attachment"A"herewith, is hereby approved and adopted as the budget of the City of Azusa for said fiscal year. SECTION 2. From the effective date of said budget,the several amounts stated herein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies of the City for the respective objects and purposes therein set forth, subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State. Further,it is established that said departments, offices, and agencies of the City shall not exceed their respective budgets. SECTION 3. All appropriations in the 2009-2010 budget of the City not expended or encumbered hereby expire and terminate,except for those appropriations expressly continued and carried forward into the budget for 2010-2011. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208, warrants drawn in payment of demands certified or approved by the City Clerk as conforming to a budget approved by ordinance or resolution of the City Council need not be audited by the City Council prior to payment. Budgeted demands paid by warrant prior to audit by the City Council shall be presented to the City Council for ratification and approval at the first meeting after delivery of the warrants. SECTION 5. The City Clerk shall certify as to the adoption of this resolution. ADOPTED AND APPROVED this 21 st day of June, 2010. MAYOR I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a meeting thereof,held on the 21 st day of June,2010,by the following vote of the Council: AYES : COUNCIL MEMBERS: NOES : COUNCIL MEMBERS: ABSTAIN COUNCIL MEMBERS: ABSENT : COUNCIL MEMBERS: CITY CLERK C,WCUI -Jw USAu-u Cc IrcEu PGRr SMm ewer RESOL*ox.mm 1me RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,2010 AND ENDING JUNE 30, 2011 THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the Azusa Public Financing Authority for the fiscal year commencing July 1,2010 and ending June 30, 2011,presented and reviewed at a at a public workshop held June 1,2010,is hereby approved and adopted as the budget of the Azusa Public Financing Authority for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Authority subject to expenditure pursuant to the provisions of all applicable ordinances ofthe Authority and statutes of the State. Further, it is established that the Authority will not exceed its budget. SECTION 3. Pursuant to Government Code 37208, warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Authority need not be audited by the Authority prior to payment. Budgeted demands paid by warrant prior to audit by the Authority shall be presented to the Authority for ratification and approval at the first meeting after delivery of the warrants. SECTION 4. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 21st day of June, 2010. CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the Board of Directors of the Azusa Public Financing Authority at a regular meeting thereof held on the 21 st day of June, 2010, by the following vote of the Authority: AYES : DIRECTORS: NOES : DIRECTORS: ABSTAIN : DIRECTORS: ABSENT : DIRECTORS: SECRETARY CMOCWIE-t VZVS5LLTIGCIL3-11TEMVWGP%YISEWiS SYOGET RESG4YTON.fYl011DCC RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, 2011 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The operating budget for the Redevelopment Agency of the City of Azusa for the fiscal year commencing July 1,2010 and ending June 30,2011, as prepared and submitted by the Executive Director,is hereby approved and adopted as the budget of the Redevelopment Agency of the City of Azusa for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Agency subject to expenditure pursuant to the provisions of all applicable ordinances of the Agency and statutes of the State. Further, it is established that the Agency will not exceed its budget. SECTION 3. All appropriations in the 2009-2010 budget of the Agency not expended or encumbered hereby expire and terminate,except for those appropriations expressly continued and carried forward("rebudgeted") into the budget for 2010-2011. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208,warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Agency need not be audited by the Agency prior to payment. Budgeted demands paid by warrant prior to audit by the Agency shall be presented to the Agency for ratification and approval at the first meeting after delivery of the warrants. SECTION 5. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 21st day of June, 2010. CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa at a meeting thereof held on the 21 st day of June, 2010, by the following vote of the Agency: AYES : DIRECTORS: NOES : DIRECTORS: ABSTAIN : DIRECTORS ABSENT : DIRECTORS: SECRETARY CWO E-IM SAFS1CWLSIWEMR GA MSEWO.B ET RESOLUTIONiY I.WC U O EN O O` 0 p C C N C N C O N N (D °- U O > ` .t-. y Y O d U 3 d j O -0 \ w (n O O Q c E U N c t � o E E .mc � N O N m 'O O U Cn _ O O O (O m m Z U o ° 'o mQ oQ moQ -m0Q o ca m 0 0 m > a � a ca a a m o 0 N . 0 - ai O cNU o U m o o n n (D U) Uc n R o o v c CL u o o -o o a m = N (U N IUn Qa ' o_ W N U sONw o N a) O W o 2 3 mm(UQ m Q mQ amQ Q y N m > omw Q m � � 3 v `m Q a w — - - - a) m m � mao (co 0DCL. mao Via° m i ami aoi (D '� ami w 0 'o �+ c o 0 u -a 'off v m 'o Zo -0 cm m � on a d = vi w w 3cN 3 o 0 5 d 3a) v c o o y Cl v m m m m c c 0 C Y c „ C U N '6 C O C r- 0) d a.' am d � dmv (D= a E mo aco � o � o � E a) X a a" m aw a E > a= a. Lu o- w ,... w N w 2Q w wU X0 wU wU wU wU '_) WM +C+ O o 00 o n iO n o � U) N O O N m 0V CO (O 3 V N Cn l0 N (O O v - M Qa v CO- 00 69 V3 (fl EA 64 E9 f9 EA f9 (A E9 f9 w� W E2 N N ` c m m o v o ..N+ N O O c w a a CLa w' - LL O N N N N O a m a) w o m O V (n c a m m73 a 4-0 N m m N N O > m m N N O N C .0 = N m fn U a) N ` V X Cn m O N (D (U N CO m W O Cn (n c W O N E E OO U) O O U 0 co_ CA m m to O Cl) M O w' V COo O ((O Lo co O 00 (O V V O C O O O O O O O (O co (D O O O O O O O O O ON O L COO O LO V 00 O O O N O O N V LO in N co O O O M Q C> CO CO O V, 0 O 1- t- �. co m r 10 N N N N p� m O O O O O O co O O O O O O Cl) co M Cl) M Cl) co CITY OF AZUSA FISCAL YEAR 2010 - 2011 PROPOSED BUDGET SUMMARIES GORPORATFO VA LUSAi; OFC 9 K A Summary of Changes to Fund Balances Estimated Proposed Proposed Proposed Proposed Estimated Estimated Fund Balance Revenues Transfers In Expenses Transfers Out FY 2011 Annual Fund Balance Fund 6/30/2010 for FY 2011 for FY 2011 for FY 2011 for FY 2011 Budget Bal 6130/2011 General Fund(undesignated) 7,518,060 32,591,185 1,128,430 29,453,205 4,112,910 153,500 7,671,560 Special Revenue Funds State Gas Tax 3,210 1.270,555 56,550 1,330,315 0 (3,210) 0 Measure R 243,140 428,015 0 0 56,550 371,485 614,605 Hwy.39 Maint. 1,249,950 0 0 0 0 0 1,249,950 Utility Mitigation 242,850 0 195,000 0 0 195,000 437,850 Transit-Proposition'A' 1,662,765, 850,410 0 939,320 0 (88,910) 1,573,855 Transit-Proposition'C' 71,730 702,085 0 623,340 0 78,745 150,475 C D B G 3,340 634,135 0 451,825 0 182,310 185,650 Senior Nutrition 0 196,775 120,695 317,470 0 0 p Public Benefit Program 1,705,935 951,000 0 1,110,395 0 (159,395) 1,546,540 AS939 Fees 287,990 209,700 0 164,115 0 45,585 333,575 Air Quality Improvement 24,890 81,715 0 56,705 0 25,010 49,900 State Grants and Seizures 831.415 169,470 0 599,700 0 (430,230) 401,185 Suppl Law Enforcement 78,415 100.000 0 178,415 0 (78,415) 0 Rosedale Maintenance 647,960 366,000 0 212,675 149,820 3,505 651,465 Employee Benefits 0 0 27,320 27,320 0 0 0 Fire Safety Contract 92,000 119,500 3,619,095 3,738,595 0 0 92,000 Total Special Revenue Funds 7,145,590 6,079,360 4,018,660 9,750,190 206,370 141,460 7,287,050 Capital Projects Funds Park In-Lieu 8,680 100 0 0 0 100 8,780 Rosedale Contribution Fund 2,737,335 0 0 0 0 0 2,737,335 Rosedale Traffic Mitigation 1,132,500 0 0 0 0 0 1,132,500 Proposition 113 14,919 0 0 0 0 0 14,919 Public Works Endowment 856,455 0 0 0 0 0 856,455 Transportation 389,985 20,000 0 0 0 20,000 409,985 Total Capital Project Funds 5,139,875 20,100 0 0 0 20,100 5,159,975 Debt Service Fund Public Financing Authority 613,625 3,132,035 488,560 3,564,965 0 55,630 669,255 Mountain Cove 1,869,150 639,595 0 639,595 0 0 1,869.150 Rosedale 16,321,020 3,851,325 0 3,851,325 0 0 16,321,020 Total Debt Svc Fund 18,803,795 7,622,955 488,560 8,055,885 0 55,630 18,859,425 Enterprise Funds(Unrestricted) Water 11,842,795 18,557,365 0 17,766,430 200,000 590,935 12,433,730 Light 30,172,235 38,428,940 0 40,595,615 9,450 (2,176,125) 27,996,110 Sewer 1,494,680 1.803,315 0 1,730,935 265,500 (193,120) 1,301,560 Refuse 0 3,831,400 0 3,290,000 541,400 0 0 Total Enterprise Funds 43,509,710 62,621,020 0 63,382,980 1,016,350 1,778,310 41,731,400 2 Summary of Changes to Fund Balances Estimated Proposed Proposed Proposed Proposed Estimated Estimated Fund Balance Revenues Transfers In Expenses Transfers Out FY 2011 Annual Fund Balance Fund 613012010 for FY 2011 for FY 2011 for FY 2011 for FY 2011 Bud et Bal 6130/2011 Internal Service Funds(Unrestricted) Consumer Service 341,710 6,352,335 0 6,045,210 194,245 112,880 454,590 Self Insurance 15,060 2,323,670 0 2,322,900 0 770 15,830 Central Services 0 141,115 0 141,115 0 0 0 Equipment Replacement 399,330 0 0 164,045 0 (164,045) 235,285 Intra-Governmental Loan 16,846,935 0 0 0 0 0 16,846,935 IT Services 0 2,018,885 0 2,018,885 0 0 0 Total Internal Service Funds 17,603.035 10,836,005 0 10,692,155 194,245 50,395 17,552,640 Sub-Total All Funds 102,286,460 119,770,625 5,635,650 121,334,415 5,529,875 (1,458,015) 100,828,445 Less:Internal Service 17,603,035 10,836,005 0 10,692,155 194,245 50,395 17,552,640 Net Total All City Funds 84,683,425 1 108,934,620 5,635,650 110,642,260 5,335,630 (1,407,620) 83,275,805 3 EXPENDITURE SUMMARY GENERALFUND FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2009-2010 2010-2011 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) CITY COUNCIL "' 155;010 "" "'150,510 ':(4,500) ADMINISTRATION City Manager/Administration 527,700 533,080 5,380 1.02% Promotion/Membership 187,185 183,350 3,835 -2.05% Subtotal "' 714,885 716,430 1,545` "`0.22% CITY ATTORNEY 231;000 231,000. 0 0.00% CITY CLERK 462,900 $27,795: 7777774;i95' 7A,02%'' CITY TREASURER "` 122;660 " ' e123,225 `` " 565 0.46% ADMINISTRATIVE SERVICES Business License 303,375 309,535 6,160 2.03% City-Wide 2,696,595 2,481,790 (214,805) .7.97% Finance 1,097,050 1,099,455 2,405 0.22% Human Resources 339,410 320,435 (18,975) -5.59% Printing Services 15,180 13,150 (2,030) -13.37% Purchasing 336,590 334,670 1,920 .0.57% Subtotal 4,768,200' '4,559,035 . f `(229,165) 4- .79%' ECONOMIC &COMMUNITY DEVELOPMENT Building 536,255 540,500 4,245 0.79% Community Improvement 460,605 465,965 5,360 1.16% Planning 659,245 592,410 66,835 -10.14% Subtotal " :1,656,105' `- 1,598,875 (57,230) -3.460%, 4 EXPENDITURE SUMMARY GENERALFUND FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2009-2010 2010-2011 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) LIBRARY General Services 1,366,025 1,398,240 32,215 2.36% Youth and Outreach Services 31,100 27,680 3,420 -11.00% Subtotal 1,397;125 1,425,920 28,795 2.06% PUBLIC SAFETY Emergency Services 147,265 149,320 2,055 1.40% Police Department 14,983,460 15,194,870 211,410 1.41% Police Contract Services 815,970 846,480 30,510 3.74% Subtotal 15,946,695 16,190,670 243,975 1.53% PUBLIC WORKS Engineering 243,900 242,595 (1,305) -0.54% Facilities Maintenance 555,420 546,805 (8,615) -1.55% Graffiti Abatement 137,835 127,385 10,450 -7.58% Subtotal 937,155 916,785 (20,370) -2.17% RECREATION AND FAMILY SERVICES Parks Maintenance 1,431,005 1,469,160 36,155 2.67% Recreation 1,402,455 1,335,050 (67,405) -4.81% Senior Programs 167,835 180,625 12,790 7.62% Woman's Club 28,590 28,125 465 -1.63% Subtotal •3,029,885. 3,012,960 ` (16,925) -0.580/6 TOTAL GENERAL FUND OPERATIONS BUDGET 29,441,620 29,453,205 11,585 0.04% CAPITAL OUTLAY 15,725 0 (15,725) -100.00% TOTAL TRANSFERS 4,207,305 4,112,910 (94,395) -2.24% TOTAL GENERAL FUND BUDGET 33,664,650 33,566,115 (98,535) -0.29% • 5 FY 2010-11 PROPOSED BUDGET EXPENDITURES Expenditures by Function -General Fund Community Development 5.8% y � Culture & Recreation Public Safety _, < '=y ,. 13.6% 59.0% .. " 9 Y a General Government 18.8% Highways & Streets 2.8% 6 EXPENDITURE SUMMARY ALL FUNDS FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2009-2010 2010-2011 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) CITY COUNCIL 155,010 150,510 '`` (4,500) 2.90% ADMINISTRATION City Manager/Administration 527,700 533,080 5,380 1.02% Promotion/Membership 187,185 183,350 3,835 -2.05% Subtotal 714,885 716,430 1,545 "' '10:22% CITY ATTORNEY 231,000 231;000 0.00% CITY CLERK 462,900 : 527,195 64,895 14.02% CITY TREASURER 122,660 123,225 565 0.48% , ADMINISTRATIVE SERVICES APFA Debt Service 3,556,540 3,564,965 8,425 0.24% Business License 303,375 309,535 6,160 2.03% CFD Debt Service 4,384,860 4,490,920 106,060 2.42% CFD Maintenance 430,365 212,675 (217,690) -50.58% City-Wide 2,696,595 2,481,790 (214,805) -7.97% Employee Benefit 25,300 27,320 2,020 7.98% Finance 1,097,050 1,099,455 2,405 0.22% Human Resources 339,410 320,435 (18,975) -5.59% Information Technology 2,037,550 2,018,885 (18,665) -0.92% Printing Services 15,180 13,150 (2,030) -13.37% Purchasing 336,590 334,670 (1,920) -0.57% Risk Management 1,999,890 2,322,900 323,010 16.15% Subtotal 17,222,70.5 '' 17,196;700 (26,005) -0.15%. 7 EXPENDITURE SUMMARY ALL FUNDS FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2009.2010 2010-2011 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) ECONOMIC&COMMUNITY DEVELOPMENT Building 536,255 540,500 4,245 0.79% Community Development Block Grant 472,915 451,825 (21,090) -4.46% Community Improvement 460,605 465,965 5,360 1.16% Planning 659 245 592,410 66,835 -10.14% Subtotal 2,139,020 2,050;700 "(78320) 3.68% 1 LIBRARY General Services 1,366,025 1,398,240 32,215 2.36% Grants 83,045 72,050 (10,995) -13.24% Youth and Outreach Services 31,100 27,680 3,420 -11.00% Subtotal 1;480,1701,487,970 17,800 ° 20/°' 1 PUBLIC SAFETY Asset Seizures 192,150 192,115 (35) -0.02% Emergency Services 147,265 149,320 2,055 1.40% Fire Safety 3,767,900 3,738,595 (29,305) -0.78% Grants 429,015 242,475 (186,539) -43.48% Police Contract Services 815,970 846,480 30,510 3.74% Police Department 14,983,460 15,194,870 211,410 1.41% Subtotal " 20,335,760 ._:.20,363,855 0.14/° 20,696 ° PUBLIC WORKS Air Quality Management District(AQMD) 80,385 56,705 (23,680) -29.46% Central Garage 142,325 141,115 (1,210) -0.85% Engineering 243,900 242,595 (1,305) -0.54% Facilities Maintenance 555,420 546,805 (8,615) -1.55% Graffiti Abatement 137,835 127,385 (10,450) -7.58% Proposition A 976,525 939,320 (37,205) -3.81% Proposition C 750,480 623,340 (127,140) -16.94% Roadway Maintenance 1,185,935 1,271,315 85,380 7.20% Sewer Maintenance 1,740,660 1,730,935 9,725 -0.56% Subtotal 5,813,465 ' '(133,950) ° 8 EXPENDITURE SUMMARY ALL FUNDS FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2009-2010 2010-2011 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) RECREATION AND FAMILY SERVICES Parks Maintenance 1,490,005 1,528,160 38,155 2.56% Recreation 1,402,455 1,335,050 (67,405) -4.81% Recreation-Grant 32,770 117,850 85,080 259.63% Senior Programs 167,835 180,625 12,790 7.62% - Senior Nutrition 302,945 317,470 14,525 4.79% Woman's Club 28,590 28,125 465 -1.63% Subtotal 3,424,600 3,507,280 82,680 2.41% LIGHT AND WATER Consumer Services 6,109,880 6,045,210 (64,670) -1.06% Electric 41,174,390 40,376,115 (798,275) -1.94% Public Benefit Programs 984,255 1,110,395 126,140 12.82% Recycling and Solid Waste 3,512,110 3,462,985 (49,125) --1.40% Water 19,083,530 17,766,430 1,317,100 -6.90% Subtotal '.70,864,165 68,761,135 (2,103,029) -2.97% TOTAL CITY OPERATIONS BUDGET 122,956,340 120,806,115 (2,150,223) -1.75% CAPITAL OUTLAY 807,170 528,300 (276,870) -34.55% REDEVELOPMENT AGENCY 48,045,975 27,629,870 (20,416,105) -42.49% TOTAL TRANSFERS 6,928,720 5,529,875 (1,398,845) -20.19% TOTAL CITY BUDGET 178,736,205 154,494,160 (24,244,045) -13.56% 9 FY 2010-11 PROPOSED BUDGET EXPENDITURES Expeditures by Function -All Funds* Utilities Culture & Recreation 48.9% 3.9% General Government 5.1% Highways & Streets 4.3% x � 1 F x^ Iv;V Public Safety 15.9% Urban Development Debt Service 5.8% 16.1% Does not include Intemal Service Funds,Capital Outlay and Transfers Out 10 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 10(General Fund) 10(Property Tax) 4001 (Prop Tax Sec Current) 3,189,846 3,568,658 3,625,000 3,787,165 4002(Prop Tax in-lieu of VLF) 3,829,055 4,208,016 4,418,400 4,240,000 4005(Prop Tax/Unsecured/Current) 1.221 85,063 107,835 100,000 4010(Homeowner's Exemption) 33,371 33,420 35,000 35,000 4020(Prop Tax/PnorYear) (20,189) (3,643) 50,000 24,000 4022(Prop Tax/Supplmntl Roll) 285,757 131,562 300,000 200,000 4040(Prop Tax/Penalty&Interest) 59,731 46,132 70,000 50,000 4050(Prop Tax/Redemption) 149,989 239,124 250,000 250,000 4090(RDA Pass-Through/Stat Pmt) 48,580 253 60,000 50,000 4099(Property Tax/Other) 1,015 3,370 - -- 10(Property Tax) Totals 7,578,376 8,311,953 8,916,235 8,746,165 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) 3,388,996 3,361,982 3,238,000 3,521,000 4103(Utility User Tax) 3,205,289 3,152,448 3,798,040 3,500,000 4104(Public Safety Aug Fund) 292,981 238,556 255,000 215,000 4105(Taxes/Transient Occupancy) 243,261 226,268 240,000 220,000 4106(In lieu UUT-APU) 97,153 107,743 130,000 120,000 4112(Taxes/Hazardous Waste) 432,324 353,659 365,000 365,000 4116(Taxes/Admission/APU) 1,480 2,759 1,200 3,000 4120(Taxes/Land Excavation) 518,926 445,625 750,000 425,000 4125(Taxes/Transfer) 151,907 91,286 200,000 150,000 4143(Franchisefrowing) 97,599 70,516 80,000 60,000 4144(Franchise/1% Cable) - - - 38,000 4145(Franchise/Cable TV) 218,271 217,562 230,000 230,000 4146(Franchise/Electric) 26,907 33,055 28,000 35,000 4147(Franchise/Gas) 184,521 215,976 200,000 220,000 4148(Franchise/FIOS) - 5,800 - 6,000 4150(Franch/L&W Utility 2%) 958,280 951,668 997,795 1,118,295 4155(Franch/L&W Utility In-Lieu 8%) 2,424,067 2,546,966 2,556,555 2,765,005 4159(Franchise/Landfill) 465,020 416,832 460,000 430,000 4160(Franchise/Landfill/Expn) 45,239 37,497 40,000 35,000 11 (Taxes/Non Property) Totals 12,752,221 12,476,196 13,571,590 13,456,300 Continued 11 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 10(General Fund)-Continued 12(License& Permits) 4110(Taxes/Business License) 1,640,425 1,755,831 1,850,000 1,900,000 4201 (Permits/Bldg) 327,484 186,040 - 168,000 185,000 4202(Permits/Automation Fee) 25,017 24,498 13,000 19,000 4205(Permits/Plumbing) 33,351 9,122 8,500 8,500 4210(Permits/Electrical) 32,830 16,231 9,000 12,000 4216(Permits/Mechanical) 14,044 8,339 6,000 6,000 4223(Perm its/Bldg/Occupancy) 4,670 3,856 2,250 2,250 4224(Permits/Bldg/Other) 1,179 852 500 500 4235(Permits/Excavation) 2,301 9,480 - - 4237(Permits/Public Works) 27,477 50,061 39,500 32,000 4240(Licenses/Animal) 32,755 28,040 50,500 50,000 4245(Permits/Conditional Use) 20,507 15,027 15,000 20,000 ' 4249(Perm its/Other) 3,156 393 300 300 5001 (Overburden) - 56,141 70,000 60,000 5238(Fireworks Permit) - 10,136 - - 12(License&Permits) Totals 2,165,196 2,174,048 2,232,550 2,295,550 13(Fines& Penalties) 4301 (Fines/Motor Vehicle) 42,380 87,614 94,500 95,000 4303(Evidence Forfeiture) 50,904 2,716 1,000 2,500 4305(Fines/CourUOther) 241,504 196,946 215,000 175,000 4310(Fees/Library) 14,253 14,592 12,000 11,000 4315(Penalties) 387,367 469,858 420,000 450,000 4318(Alarm Registration) 8,030 8,599 9,500 10,000 4319(False Alarms) 30,166 29,523 30,000 30,000 4848(Lease/Cell Tower Site) 19,892 79,787 60,000 75,000 5105(Parking Enforcement) 155,029 162,487 145,000 225,000 13(Fines B Penalties) Totals 949,524 1,052,121 987,000 1,073,500 Continued 12 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 10(General Fund)-Continued 14(Money&Property Use) 4401 (Rent/Woman's Club) 43,281 22,945 28,000 25,000 4405(Rents/Recreation Facility) 68,558 70,977 70,000 75,000 4406(Water Rights) 1,234,992 1,326,104 1,326,110 1,392,415 4410(Rents/Library) 2,246 2,958 1,700 2,900 . 4412(Rent/Building) 17,872 13,003 15,000 11,000 .4435(interest Income) 758,025 556,039 549,250 740,000 4499(Rents/Other) 76,954 - - - 14(Money&Property Use) Totals 2,201,929 1,992,025 1,990,060 2,246,315 15(Intergovernmental Revenues) 4501 (Motor Vehicle In-Lieu Tax) 232,989 157,012 178,000 157,000 15(Intergovernmental Revenues) Totals 232,989 157,012 178,000 157,000 16(Cost Reimbursements) 4601 (Reimbursements/Damage) 23,392 25,941 4,500 5,500 4602 (Reimb/Court Costs) 69,899 86,632 70,000 75,000 4610(Reimb/Jury Duty) - 50 - - 4615(Reimb/Lost&Paid Matls) 6,568 6,197 6,500 6,500 4620(Reimb/State of California) 16,481 84,182 50,000 12,000 4622(Reimb/Rio Hondo College) 6,157 4,223 6,100 3,400 4625(Reimb/Police) 35,567 4,486 41,300 40,000 4626(Reimb/P.O.S.T.) 32,051 19,159 15,000 25,000 4630(Reimb/County) 36,202 36,436 36,130 43,130 4645(Reimb/Redevelopment Agency) 1,057,510 1,090,844 1,329,230 1,502,305 4699(Reimbursements/Other) 259,956 116,369 35,000 13,400 16(Cost Reimbursements) Totals 1,543,784 1,474,518 1,593,760 1,726,235 10(General Fund)-Continued 17(Charges for Services) 4702(Fees/Police User) 26,454 20,049 20,000 25,000 4703(Fees/Oper Fees) 64,215 37,718 38,000 53,000 4704(Fees/Plan Checking) 281,675 126,123 150,000 125,000 Continued 13 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 10(General Fund)-Continued Actuals Actuals Revised Proposed 4707(Fees/Variances) 1,771 16,873 14,740 4,875 4708(Fees/Engineering Inspection) - 19,223 - 7,000 4709(Fees/Environmental) 11,083 3,767 11,000 4,000 4710(Fees/File&Cert/Political) - 4,418 - - 4711 (Fees/TentativeMaps) 2,512 1,607 5,120 - 4715(Fees/Public Nuisance Abatement) 3,495 5,252 6,000 6,000 4717(Fees/Real Property Records) 15,951 30,240 21,000 25,000 4719(Fees/Rental Housing Inspection) 42,646 48,666 41,000 50,000 4721 (Fees/Cleaning) 3,750 3,000 3,300_ 3,000 4724(Fees/Rec Class/General) 95,098 85,205 130,000 112,500 4725(Precise Plans) 117,185 36,332 90,000 40,000 4726(Fees/Rec Class/Swimming) 60,265 53,237 55,000 56,000 4728(Fees/Adult Sports) 27,476 36,440 35,000 36,000 4730(Fees/Youth Sports) - 49,753 60,923 60,000 60,000 4731 (Fees/Excursions) 30,816 27,974 36,000 28,000 4735(Fees/Reprographics) 2,227 1,387 - 200 4736 Fees/Reprographics/Library 70 - _ - 4737(Building Administrative Fee) 78,118 71,071 40,000 58,400 4739(License Administrative Fee) 202,839 210,051 195,000 195,000 4741 (Fees/Administrative) 1,815 282 430 430 4743(Fees/Fire Plan Check) 14,019 13,927 7,000 12,000 4744(Community Maintenance Fee) 132,491 129,948 117,100 117,100 4745(Fees/Notary Certification) 771 451 500 650 4746(Fees/U.S. Passports) 46,481 22,903 25,000 25,000 4756(Feeslfow Impound Release) 45,651 42,559 45,000 40,000 - 4757(Fees/Private Tree Trimming) 3,388 - 1,000 500 4758(Fees/Bid Specifications) - 630 2,750 250 4795(Administration/Interfund) 1,462,625 1,732,056 1,708,040 1,723,565 17(Charges for Services) Totals 2,824,637 2,84$319 2,857,980 2,808,470 30(Miscellaneous Revenue) 4415(Vending Machine Collection) 5,365 1,791 5,000 4,000 4793(Fund Raising) 350 375 500 500 4801 (Sale/Maps&Publications) 434 198 250 150 Continued 14 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 10(General Fund)-Continued 4805(Sale/Scrap Metal) 38,797 22,126 15,000 15,000 4807(Dodger Day Tickets) - 9,810 - - 4810(Sale/Real&Personal Property) 369 508 500 - 4815(Sale/Equipment&Materials) - 750 1,000 5,000 4850(Charges/NSF Checks) (31,817) (5,323) (5,000) (1,000) 4860(Overages/Shortage) - 84 - - 4875(Donations) 7,194 13,785 8,500 20,000 4891 (Gain/Loss/Retired Assets) 29,489 1,543 - - 4898(Administrative Fee) 66,000 78,000 85,000 8,000 4899(Miscellaneous Other) 726,838 243,196 30,000 30,000 5938(Bond Premium) - 207,073 - - 30(Miscellaneous Revenue) Totals 843,019 573,916 140,750 81,650 Total Revenues 31,091,674 31,054,108 32,467,925 32,591,185 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 991,614 1,265,468 1,036,550 1,128,430 40(Transfers from Other Funds) Totals 991,614 1,265,468 1,036,550 1,128,430 10(General Fund) Totals 32,083,288 32,319,576 33,504,475 33,719,615 15 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 03(Measure R-L.A.County) 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) - - 243,040 428,015 1,1(Taxes/Non Property) Totals - 243,040 428,015 03(Measure R-L.A. County) Totals - - 243,040 428,015 16 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 12(Gas Tax) 14(Money& Property Use) 4435(interest Income) 29,109 56,212 21,830 20,000 14(Money&Property Use) Totals 29,109 56,212 21,830 20,000 15(Intergovernmental Revenues) 4510(Hwy User Tax/State/2106) 170,890 156,391 128,170 155,435 4511 (Hwy UserTax/State/2107) 384,491 348,284 288,370 344,670 4512(Hwy User Tax/State/2107.5) 6,000 6,000 4,500 6,000 4513(Hwy UserTax/State/2105) 287,325 261,682 215,495 258,725 4540(California State Grants/2104) - 412,806 461,050 485,725 4550(Payments from Other Agencies) 82,440 - - - 4596(Prop 16 Funds) - 1,505,440 - - 15(Intergovernmental Revenues) Totals 931,146 2,690,603 1,097,585 1,250,555 16(Cost Reimbursements) 4601 (Reimbursements/Damages) 1,271 3,500 - - • 4699(Reimbursements/Other) 300 - - - 16(Cost Reimbursements) Totals .1,571 3,500 - Total Revenues 961,827 2,750,315 1,119,415 1,270,555 40(Transfers In) 5940(Transfer from Other Funds) 1,000,000 - - 56,550 40(Transfers/n) Totals 1,000,000 - - 56,550 12(Gas Tax) Totals 1,961,827 2,750,315 1,119,415 1,327,105 17 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 13(Utility Mitigation Fund) _40(Transfers In) 5940(Transfer from Other Funds) 3,521,328 1,223,986 - 195,000 40(Transfers In) Totals 3,521,328 1,223,986 - 195,000 13(Utility Mitigation) Totals 3,521,328 1,223,986 - '195,000 18 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 15(Prop A) 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) 771,531 701,594 792,935 659,500 11(Taxes/Non Property) Totals - 771,531 701,594 792,935 659,500 14(Money& Property Use) 4435(Interest Income) 63,289 64,234 63,745 - 65,000 14(Money&Property Use) Totals 63,289 64,234 63,745 65,000 15(Intergovernmental Revenues) 4587(County Dial-A-Ride Svc Fee) 105,118 97,484 105,725 103,000 15(Intergovernmental Revenues) Totals 105,118 97,484 105,725 103,000 17(Charges for Services) 4732(Fees/Rider Fares) 10,445 9,400 12,000 11,000 4734(Fees/Advertising) 13,434 11,910 14,000 11,910 17(Charges for Services) Totals 23,879 21,311 26,000 22,910 30(Miscellaneous Revenue) 4810(Sale/Real&Personal Prop) 213,296 - -4875(Donations) 1,000 - - 4891 (Gain/Loss/Retired Assets) 3,044 - - - 4899(Miscellaneous Other) 975 - - 30(Miscellaneous Revenue) Totals 218,315 - - - 15(Prop A) Totals 1,182,132 884,623 988,405 850,410 ' i9 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 16(Transportation Fund) 11 (Taxes/Non Property) 4101 (Taxes/General Sales&Use) - 915,467 25,000 20,000 11(Taxes/Non Property) Totals - 915,467 25,000 20,000 16(Transportation) Totals - 915,467 25,000 20,000 20 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 - Actuals Actuals Revised Proposed 17(Prop C) 11 (Taxes/Non Property) 4101 (Taxes/General Sales&Use) 640,455 582,626 647,105 547,040 11(Taxes/Non Property) Totals 640,455 582,626 647,105 547,040 14(Money& Property Use) 4435(interest Income) 63,976 68,257 63,440 60,360 14(Money&Property Use) Totals 63,976 68,257 63,440 60,380 16(Cost Reimbursements) 4699(Reimbursements/Other) 800 - - - 16(Cost Reimbursements) Totals 800 - - 17(Charges for Services) 4732(Fees/Rider Fares) 9,029 9,639 16,000 10,000 4733(Bus Pass Sales) 46,761 34,768 50,000 16,800 4735(Fees/reprographics) - 59 - - 4754(Metrolink Pass Sales) 52,080 55,130 110,000 67,865 17(Charges for Services) Totals 107,870 99,597 176,000 94,665 30(Miscellaneous Revenue) 4810(Sale/Real&Personal Prop) 121,191 - - - 4891Gain/Loss/Retired Assets 1,337 - - - 30(Miscellaneous Revenue) Totals 122,528 - - Total Revenues 936,629 750,480 886,545 702,085 17(Prop C) Totals 935,629 750,480 886,545 702,085 21 i STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 18(Comm Development Block Grant) 15(Intergovernmental Revenues) 4579(Federal Govt Allocations) 778,414 547,932 669,931 634,135 15(Intergovernmental Revenues) Totals 778,414 547,932 669,931 634,135 30(Miscellaneous Revenue) 4820(Principal Repayments) - 14,457 _ _ 30(Miscellaneous Revenue) Totals - 14,457 - 18(Comm Development Block Grant) Totals 778,414 562,389 669,931 634,135 22 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 19(Park-in-LleulQutmby) 14(Money&Property Use) 4435(Interest Income) 3,579 381 600 100 14(Money&Property Use) Totals 3,579 381 600 100 20(License and Permits) 4225(Quimby Act Collections) 11,700 3,750 6,000 20(License and Permits)Totals 11,700 3,750 6,000 19(Park-in-Lieu/Quimby) Totals 15,279 4,131 6,600 100 23 STATEMENT OF REVENUES BY FUND FY 2008 - FY 2009 FY 2010 FY 2011 21 (Sr.Nutrition) Actuals Actuals Revised Proposed 15(Intergovernmental Revenues) 4565(Area Agency on Aging Grant) 99,239 106,830 93,775 93,775 4570(USDA Grant(Sr Nutrition)) 19,290 18,703 19,000 19,000 15(Intergovernmental Revenues) Totals 118,529 125,533 112,775 112,775 30(Miscellaneous Revenue) 4875(Donations) 46,537 43,642 42,000 40,000 4880(Donations-in-Kind) 38,711 42,400 36,000 44,000 30(Miscellaneous Revenue) Totals 85,248 86,042 78,000 84,000 Total Revenues 203,777 211,575 190,775 196,775 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 112,016 91,818 113,530 120,695 40(Transfers from Other Funds) Totals 112,016 91,818 113,530• 120,695 21(Sr.Nutrition) Totals 315,793 303,393 304,305 317,470 24 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 22(Capital Projects) 14(Use of Money and Property) 4435(Interest Income) 945 106 - - 14(Use of Money and Property) Totals 945 106 - - 15(Intergovernmetal Revenues) 4540(California State Grants) - 333,151 - - 4545(California State Park Grants) 371,175 - - - 15(Intergovernmental Revenues) Totals 371,175 333,151 - 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 492,135 - - - 40(Transfers from Other Funds) Totals 492,135 - - - 22(Capital Projects) Totals 864,255 333,257 - 25 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 24(Public Benefit Program) 14(Use of Money and Property) 4435(interest Income) 89,453 77,033 50,000 50,000 14(Use of Money and Property) Totals 89,453 77,033 50,000 50,000 17(Charges for Services) 4727(AB1890 Pub Ben Progs) 674,086 661,115 750,000 901,000 17(Charges for Services) Totals 674,086 661,115 750,000 901,000 24(Public Benefit Program)-Continued 30(Miscellaneous Revenue) 4899 Miscellaneous/Other 1,096 26 - 30(Miscellaneous Revenue) Totals 1,096 26 - 24(Public Benefit Program) Totals 764,635 738,174 800,000 951,000 26 STATEMENT OF REVENUES BY FUND FY 2006 -FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 26(Supplemental Law Ent(COPS)) 14(Money&Property Use) 4435(Interest Income) 3,010 158 100 - 14(Money&Property Use) Totals 3,010 158 100 - 15(Intergovernmental Revenues) 4540(California State Grants) 100,000 77,627 100,000 100,000 15(Intergovernmental Revenues) Totals 100,000 77,627 100,000 100,000 Total Revenues 103,010 77,785 100,100 100,000 26(Supplemental Law Enf(COPS)) Totals 103,010 77,785 100,100 100,000 27 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 27(AQMD(AB2766)) 14(Money&Property Use) 4435(Interest Income) 5,600 4,496 5,000 5,000 14(Money&Property Use) Totals 5,600 4,496 5,000 5,000 15(Intergovernmental Revenues) 4595(AQMD Fees (2766)) 58,094 56,737 50,000 55,340 15(Intergovernmental Revenues) Totals 58,094 56,737 50,000 55,340 17(Charges for Services) 4733(Bus Pass Sales) 22,865 23,940 23,000 21,375 17(Charges for Services) Totals 22,865 23,940 23,000 21,375 27(AQMD(AB2766)) Totals 86,559 85,173 78,000 81,715 28 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 28(Grants&Seizures) 14(Money&Property Use) 4435(Interest Income) 25,952 19,749 17,000 12,000 14(Money&Property Use) Totals 25,952 19,749 17,000 12,000 15(Intergovernmental Revenues) 4450(Program Income) 215,631 209,784 219,000 - 4535(Federal Gov't Allocations) - - 1,431,000 - 4540(California State Grants) 215,786 396,182 232,726 18,640 4546(Calif Waste Mgt Grants) 24,098 2,550 12,605 8,230 4560(Federal Grants) 97,105 139,874 329,412 - 4580(Los Angeles County Grants) - - - 117,850 4599(Grants/Other) 8,855 76,049 - - 15(Intergovernmental Revenues) Totals 561,475 824,439 2,224,743 144,720 16(Cost Reimbursements) . 4699(Reimbursements/Others) - - 1,236 - 16(Cost Reimbursements) Totals - - 1,236 - 17(Charges for Services) 4705(Fees/General Plan) 34,011 14,456 20,000 - 4736(Fees/Reprographics) - 4,572 4,600 3,100 17(Charges for Services) Totals 34,011 19,028 24,600 3,100 30(Miscellaneous Revenue) 4416(P.D. Phone Commissions) 2,240 1,487 1,200 - 4865(Restricted Contrib/Library) 5,419 4,095 8,000 5,350 4875(Donations) - 8,739 7,800 4,300 4899(Miscellaneous Other) 86 629 - - 30(Miscellaneous Revenue) Totals 7,745 14,950 17,000 9,650 Total Revenues 629,183 878,166 2,284,579 169,470 40(Transfers from Other Funds) 5940(Transfer from Other Funds) - - 1,865 - 40(Transfers from Other Funds) Totals - - 1,865 - 28(Grants& Seizures) Totals 629,183 878,166 2,286,444 169,470 29 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 29(Fire Safety) 17(Charges for Services) 4748 Fire Safety Fees 42,145 45,871 137,000 119,500 17(Charges for Services) Totals 42,145 45,871 137,000 119,500 Total Revenues 42,145 45,871 137,000 119,500 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 3,514,071 3,706,194 3,722,900 3,619,095 40(Transfers from Other Funds) Totals 3,514,071 3,706,194 3,722,900 3,619,095 29(Fire Safety) Total 3,556,216 3,752,065 3,859,900 3,738,595 30 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 31 (Consumer Services) 14(Money& Property Use) 4412(Rent/Building) 77,360 87,089 81,845 79,880 4435(Interest Income) 97,019 - - - 14(Money&Property Use) Totals 174,378 87,089 81,845 79,880 16(Cost Reimbursements) 4698(Consumer Services Interfund) 5,577,938 5,948,572 6,291,655 6,239,455 4699(Reimbursements/Other) 6,229 30,616 - 30,000 16(Cost Reimbursements) Totals 5,584,167 5,979,188 6,291,655 6,269,455 30(Miscellaneous Revenue) 4870(Recovered A/R Write-Offs) 1,688 2,143 - 3,000 4891 (Gain/Loss/Retired Assets) 164 - - - 4899(Miscellaneous Other) (149) 7,524 - 30(Miscellaneous Revenue) Totals 1,703 9,667 - 3,000 Total Revenues 5,760,248 6,075,944 6,373,500 6,352,335 40(Transfers from Other Funds) . 5940(Transfers from Other Funds) 47,500 - - - 40(Transfers from Other Funds) Totals 47,500 - - 31 (Consumer SeryIces) Totals 5,807,748 6,075,944 6,373,500 6,352,335 31 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 32(Water) 14(Money 8 Property Use) 4435(Interest Income) 2,771,042 1,022,425 600,000 500,000 4436(Gain/Loss/Investment Sales) (39,786) (10,087) - _ 4499(Rents/Other) 56,798 49,734 46,000 46,000 14(Money 6 Property Use) Totals 2,788,054 1,062,072 646,000 546,000 16(Cost Reimbursements) 4699(Reimbursements/Other) 330,922 389,040 100,000 20,000 16(Cost Reimbursements) Totals 330,922 389,040 100,000 20,000 17(Charges for Services) 4758(Fees/Bid Specifications) - 100 1,000 1,000 4798(Fees/Other) 306,017 244,192 300,000 42,000 5240(Water/Residential) 9,218,162 7,740,102 8,661,260 10,022,700 5242(Water/Commercial) 3,155,962 2,770,336 3,526,620 3,803,800 5243(Water/Industrial) 2,360,731 2,551,733 2,625,620 3,146,945 5244(Water/Fire Service) 239,038 246,871 251,220. 409,680 5245(Water/Other Public Ent) 455,318 390,126 111,300 138,240 5247(Water Sys Development Fee) 237,518 97,506 230,000 50,000 5248(Water/Interdepartmental) 117,317 109,174 120,000 120,000 5251 (Water Services/Misc) 307,296 339,811 200,000 200,000 5360(Water/Drought) - 237,906 - 17(Charges for Services) Totals 16,397,357 14,727,856 16,027,020 17,934,365 30(Miscellaneous Revenue) 4841 (Lease/WaterRights) 4,459 3,140 1,100,000 - 4846(Lease-Other) - 20,000 12,000 12,000 4870 Recovered Acct Rec Write-Offs 12,350 15,300 - 45,000 4891 (Gain/Loss/Retired Assets) 549 - _ 4899(Miscellaneous Other) 36,699 56,278 10,000 - 30(Miscellaneous Revenue) Totals 54,056 94,718 1,122,000 57,000 32(Water) Totals 19,570,390 16,273,686 17,895,020 18,557,365 32 STATEMENT OF REVENUES BY FUND FY 2006 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 33(Electric) 14(Money&Property Use) 4325(interest Income) 554,881 432,155 250,000 - 4435(Interest Income) 1,071,180 710,495 400,000 - 4440(Interest/Rate Stabilization) 258,057 245,691 - 245,715 14(Money&Property Use) Totals 1,884,118 1,388,341 650,000 245,715 16(Cost Reimbursements) 4650(Reimb/Other Utilities) 376 61,659 - 5,000 4699(Reimbursements/Other) 179,909 523,054 180,000 8,300 16(Cost Reimbursements) Totals 180,285 584,713 180,000 13,300 17(Charges for Services) 4758(Fees/Bid Specifications) - 250 - - 4798(Fees/Other) 266,514 286,238 200,000 200,000 4811 (Sale/Electricity) 35,731,875 34,210,316 35,471,645 37,879,925 17(Charges for Services) Totals 35,998,389 34,496,804 35,671,645 38,079,925 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 18,479 19,148 18,000 70,000 4891 (Gain/Loss/Retired Assets) - 797 - - 4899(Miscellaneous Other) 1,028,962 183,687 - 20,000 30(Miscellaneous Revenue) Totals 1,047,441 203,632 18,000 90,000 Total Revenues 39,110,233 36,673,490 36,519,645 38,428,940 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 5,300,000 - - 40(Transfers from Other Funds) Totals 5,300,000 - 33(Electric) Totals 44,410,233 36,673,490 36,519,645 38,428,940 , 33 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 34(Sewer) Actuals Actuals Revised Proposed 14(Money& Property Use) 4435(interest Income) 197,717 156,149 200,000 168,890 14(Money&Property Use) Totals 197,717 156,149 200,000 168,890 17(Charges for Services) 4716(Fees/Sewer) 1,470,452 1,508,325 1,480,000 1,631,405 17(Charges for Services) Totals 1,470,452 1,508,325 1,480,000 1,631,405 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 3,787 2,794 2,000 3,020 30(Miscellaneous Revenue) Totals 3,787 2,794 2,000 3,020 34(Sewer) Totals 1,671,956 1,667,269 1,682,000 1,803,315 34 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 36(Refuse) 11 (Taxes/Non-Property) 4158(Franchise/Trash) 631,036 586,254 590,000 541,400 11(Taxes/Non-Property) Totals 631,036 586,254 590,000 541,400 17(Charges for Services) 4722(Charges/Refuse&Dump) 2,996,275 2,968,629 3,307,500 3,260,000 4851 (Charges/Uncollect Refuse Fee) - • 113 40,000 18,000 17(Charges for Services) Totals 2,996,275 2,968,741 3,347,500 3,278,000 30(Miscellaneous Revenue) 4870 Recovered Acct Rec Write-Offs 8,930 7,524 4,000 12,000 30(Miscellaneous Revenue) Totals 8,930 7,524 4,000 12,000 Total Revenues 3,636,241 3,562,520 3,941,500 3,831,400 40(Transfers from Other Funds) 5940(Transfers from Other funds) - - 150,000 - - 40(Transfers from Other Funds) Totals - 150,000 - - 36(Refuse) Totals 3,636,241 . 3,712,520 3,941,500 3,831,400 35 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 37(Rosedale-Monrovia Nursery) ' 14(Money&Property Use) 4435(Interest Income) 246,429 281,033 14(Money&Property Use) Totals 246,429 281,033 - _ 17(Charges for Services) .4744(Community Maintenance Fee) 81,125 560,602 366,625 366,000 4747(Per Unit D.A. Fee) 63,600 46,800 - - 17(Charges for Services) Totals 144,725 46,800 366,625 366,000 Total Revenues 391,154 608,134 366,625 366,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 3,000,000 - _ _ 40(Transfers from Other Funds) Totals 3,000,000 - - 37(Rosedale-Monrovia Nursery) Totals 3,391,154 608,134 366,625 366,000 36 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 39(AB939 Fee) 14(Money& Property Use) 4435(Interest Income) - - - 3,000 14(Money&Property Use) Totals - - - 3,000 15(Intergovernmental Revenues) 4450(Program Income) - - - 206,700 15(Intergovernmental Revenues) Totals - - - 206,700 39(AB939 Fee) Totals - - - 209,700 37 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 41 (Employee Benefit Fund) 40(Transfers from Other Funds) 5940(Transfers from Other Funds) - 33,171 25,300 27,320 40(Transfers from Other Funds) Totals - 33,171 25,300 27,320 . 41(Employee Benefits Fund) Totals - 33,171 25,300 27,320 38 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 42(Self Insurance) 14(Money& Property Use) 4435(Interest Income) 66,013 73,182 50,000 25,000 14(Money&Property Use) Totals 66,013 73,182 50,000 25,000 16(Cost Reimbursements) 4605(Reimb/Workers'Comp) 6,751 6,355 - - 4627(Reimb/1Norkers Comp Claims) 173,131 583,340 200,000 200,000 4699(Reimbursements/Other) 4,957 - - - 16(Cost Reimbursements) Totals 184,839 589,695 200,000 200,000 17(Charges for Services) 4774(Insurancelinterfund) 1,258,258 1,045,593 1,068,260 1,064,085 4777(Unempioymentllnterfund) 22,636 24,511 28,395 29,355 4779(Workers'Comp/Interfund) 842,712 908,252 981,845 1,005,230 17(Charges for Services) Totals 2,123,606 1,978,356 2,078,500 2,098,670 30(Miscellaneous Revenue) 4899(Miscellaneous Other) 102,510 1,693 - 30(Miscellaneous Revenue) Totals 102,510 1,693 - - 42(Self Insurance) Totals 2,476,968 2,642,926 2,328,500 2,323,670 39 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 43(Central Services) 17(Charges for Services) 4772(Garage/Interfund) 145,461 159,732 141,465 141,115 17(Charges for Services) Totals 145,461 159,732 141,465 141,115 Total Revenues 145,461 159,732 141,465 141,115 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 34,551 - _ - 40(Transfers from Other Funds) Totals 34,551 _ 43(Central Services) Totals 180,012 159,732 141,465 141,115 40 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 46(Equipment Replacement) 14(Money&Property Use) 4435(Interest Income) 22,380 11,980 - - 14(Money&Property Use) Totals 22,380 11,980 - 16(Cost Reimbursements) 4601 (Reimbursements/Damage) 25,000 - - - 16(Cost Reimbursements) Totals 25,000 - - 46(Equipment Replacement) Totals 47,380 11,980 - 41 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 48(IT SERVICES) Actuals Actuals Revised Proposed 16(Cost Reimbursements) 4620(Reimb/State of CA) - 30,413 4699(Miscellaneous/Other) 1,361 - 16(Cost Reimbursements) Totals 1,361 30,413 17(Charges for Services) 4762(MIS/Interfund) 2,003,754 2,049,216 2,066,040 2,018,885 17(Charges for Services) Totals $003,754 2,049,216 $066,040 2,018,885 Total Revenues 2,005,115 2,079,629 2,066,040 2,018,885 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 115,399 _ - - 40(Transfers from Other Funds) Totals 115,399 48(IT SERVICES) Totals 2,120,514 2,079,629 2,066,040 2,018,885 42 r STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 63(CFD-Mountain Cove Debt Service) 10(Property Tax) 4099(Property Tax/Other) 465,190 558,095 627,865 639,390 10(Property Tax) Totals 465,190 558,095 627,865 639,390 14(Money and Property Use) 4435(Interest Income) 34,400 4,440 215 205 14(Money and Property Use) Totals 34,400 4,440 215 205 63(CFD-Mountain Cove Debt Service) Totals 499,590 562,535 628,080 639,595 43 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 65(CFD-Rosedale Debt Service) 10(Property Tax) 4030(Property Tax/Special Assessment) 2,753,020 4,693,895 3,753,770 3,848,260 10(Property Tax) Totals 2,753,020 4,693,895 3,753,770 3,848,260 11 (Taxes/Non-Property) 4199(Taxes/Other) 54,775 - - _ 11(Taxes/Non-Property) Totals 54,775 14(Money and Property Use) - 4435(Interest Income) 1,242,810 129,548 3,225 3,065 14(Money and Property Use) Totals 1,242,810 129,548 3,225 3,065 65(CFD-Rosedale Debt Service) Totals 4,050,605 4,823,443 3,756,995 3,851,325 44 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 71 (APFA Debt Service Fund) 14(Money&Property Use) 4435(Interest Income) 338,457 55,810 58,560 55,630 14(Money&Property Use) Totals 338,457 55,810 58,560 55,630 15(Intergovernmental Revenues) . 4450(Program Income) 105,857 100,710 95,100 - 15(Intergovernmental Revenues) Totals 105,857 100,710 95,100 16(Cost Reimbursements) 4650(Reimb/Other Utilities) - - 2,644,500 3,076,405 4655(Reimb/City) 4,250 8,400 11,000 - 16(Cost Reimbursements) Totals 4,250 8,400 2,655,500 3,076,405 30(Miscellaneous Revenue) 4820(Principal Repayments) 95,000 142,760 400,000 - 30(Miscellaneous Revenue) Totals 95,000 142,760 400,000 - Total Revenues 543,564 - 307,680 3,209,160 3,132,035 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 1,311,093 411,080 478,090 488,560 40(Transfers from Other Funds) Totals 1,311,093 411,080 478,090 488,560 71 (APFA Debt Service Fund) Totals 1,854,657 718,760 3,687,250 3,620,595 45 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 80(RDA Capital Projects) Actuals Actuals Revised Proposed 14(Money&Property Use) 4412(Rent/Building) 113,435 179,745 64,700 192,690 4435(Interest Income) 299,593 94,065 41,180 27,865 14(Money&Property Use) Totals 413,028 273,810 105,880 220,555 16(Cost Reimbursements) 4610(Reimb/Jury Duty) 150 - _ - 4799(Recovered Cost/Other) 108,920 148,605 16(Cost Reimbursements) Totals 109,070 148,605 17(Charges for Services) 4735(Fees/Reprographics) 698 10 60 60 4798(Fees/Other) 9,408 34,965 120 120 17(Charges for Services) Totals 10,106 34,975 180 180 30(Miscellaneous Revenue) 4810(Sale/Real&Personal Property) 721,033 - 9,000,000 9,000,000 4820(Principal Repayments) - 2,160 318,920 15,320 4899,(Miscellaneous Other) 1,717,471 2,325 50 50 5936(Loan Proceeds) 1,615,878 - _ _ 30(Miscellaneous Revenue) Totals 4,054,382 4,485 9,318,970 9,015,370 Total Revenues 4,686,585 461,876 9,425,030 9,236,105 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 49,955,793 9,798,720 4,557,330 1,552,965 40(Transfers from Other Funds) Totals 49,955,793 9,798,720 4,557,330 1,552,965 80(RDA Capital Projects) Totals 54,542,379 10,260,595 13,982,360 10,789,070 46 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 Actuals Actuals Revised Proposed 81 (RDA Special Revenue Fund) 14(Money&Property Use) 4435(interest Income) 165,319 175,880 25,000 5,000 14(Money&Property Use) Totals 165,319 175,880 25,000 5,000 17(Charges for Services) 4798(Fees/Other) - 250 - 17(Charges for Services) Totals - 250 - 30(Miscellaneous Revenue) ' 4899(Miscellaneous Other) - - 10,000 10,000 30(Miscellaneous Revenue) Totals - - 10,000 10,000 Total Revenues 165,319 176,130 35,000 15,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) - 9,760,000 1,600,000 - 5942(Tax Increment Transfers In) 1,511,313 1,586,870 1,562,330 1,576,110 40(Transfers from Other Funds) Totals 1,511,313 11,346,870 3,162,330 1,576,110 81(RDA Special Revenue Fund) Totals 1,676,632 11,523,000 3,197,330 1,591,110 47 STATEMENT OF REVENUES BY FUND FY 2008 FY 2009 FY 2010 FY 2011 82(RDA Debt Service) Actuals Actuals Revised Proposed 10(Property Tax) . 4025(Property Tax/increment) 7,556,563 7,934,350 7,811,670 7,880,490 10(Property Tax) Totals 7,556,563 7,934,350 7,811,670 7,880,490 11 (Taxes/Non Property) 4101 (Taxes/General Sales& Use) 1,641,782 776,425 1,333,630 1,353,635 4102(Taxes/Sales/County Pool/RD) 136,370 128,035 141,100 143,215 11(Taxes/Non Property) Totals 1,778,151 904,460 1,474,730 1,496,850 14(Money& Property Use) 4435(Interest Income) 174,392 73,995 94,750 60,195 14(Money&Property Use) Totals 174,392 73,995 94,750 60,195 30(Miscellaneous Revenue) 4835(Bond Proceeds) 20,570,000 18,295,000 83,690 _ 5936(Loan Proceeds) 325,674 515,565 174,320 176,940 5937(Advance Proceeds from City) 1,969,425 1,936,755 2,962,980 2,592,370 30(Miscellaneous Revenue) Totals 22,865,099 20,747,320 3,220,990 2,769,310 Total Revenues 32,374,205 29,660,125 12,602,140 12,206,845 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 3,194,532 3,906,450 8,590,710 6,330,220 40(Transfers from Other Funds) Totals 3,194,532 3,906,450 8,590,710 0,330,220 82(RDA Debt Service) Totals 35,568,737 33,566,575 21,192,850 18,537,065 GRAND TOTALS 224,666,500 176,972,367 162,413,580 155,895,505 48 FY 2010-11 PROPOSED REVENUES Sources - General Fund i Other Tax/ Non-Property 19.7% J - Utility User Tax Charges for Services 10.7% 8.6% kp Cost Reimbursements r 5.3% i " Sales Tax ». Fines & Penalties 10.8% 3.3% Intergovernmental 0.5% License & Permits 7.0% Miscellaneous 0.3% Property Tax Money & Property Use 26.8% 6.9% 49 i CITY OF AZUSA PERSONNEL SUMMARY FULL TIME PERSONNEL ALLOCATIONS FY09.10 FY10.11 Revised Proposed Department Allocation Allocation ADMINISTRATION Administration 2.30 2.30 Promotion/Membership 1.00 1.00 _ Administration Total 3.30 3.30 ADMINISTRATIVE SERVICES Business License 2.40 2.40 Finance 8.05 8.05 Human Resources 2.00 2.00 Information Technology 9.20 9.20 Purchasing 3.00 3.00 Risk Management 2.00 2.00 Rosedale 0.45 0.45 Administrative Services Total 27.10 27.10 CITY CLERK City Clerk 2.00 2.00 City Clerk Total 2.00 2.00 COMMUNITY DEVELOPMENT Building 4.00 4.00 Community Improvement 4.00 4.00 Comm Dev Block Grant(CDBG) 1.48 1.50 Planning 4.33 4.33 Community Development Total 13.81 13.83 LIBRARY General Services 10.00 10.00 Library Total 10.00 10.00 PUBLIC SAFETY Emergency Services 1.00 1.00 Police - 90.00 91.00 Public Safety Totall 91.00 92.00 50 CITY OF AZUSA PERSONNEL SUMMARY FULL TIME PERSONNEL ALLOCATIONS FY 09-10 FY 10.11 Revised Proposed Department Allocation Allocation PUBLIC WORKS Central Garage 1.00 1.00 Engineering 2.00 2.00 Facilities Maintenance 2.25 2.25 Proposition A 4.63 4.63 Proposition C 2.13 2.13 Roadway Maintenance 9.50 9.50 Sewer Maintenance 9.00 9.00 Public Works Total 30.50 30.50 RECREATION AND FAMILY SERVICES Parks Maintenance 7.00 7.00 Recreation 5.05 5.05 Senior Activities 0.92 0.92 Senior Nutrition 1.01 1.01 Woman's Club 0.12 0.12 Recreation and Family Services Total 14.10 14.10 LIGHT AND WATER Consumer Services 26.25 26.05 Electric 22.00 22.00 Public Benefit 0.70 0.90 Solid Waste 0.75 0.75 Water 27.30 27.30 Light and Water Total 77.00 77.00 REDEVELOPMENT AGENCY Administration 5.20 5.17 Redevelopment Agency Total 5.20 5.17 TOTAL FULL-TIME FTEs 274.00 275.00 51 CAPITAL OUTLAY - SUMMARY Fiscal Year 2010-11 FUNDING Account No. Division Description Budget General Fund Other Funding LIBRARY 28305110517150 General Services Replacement-Color Copier $9,150 $9,150 Library Total $9,150 $0 $9,150 PUBLIC SAFETY SLEG(COPS/Brulte)and JAG New-Infrastructure and cameras for a mobile digital video $82,205 $82,205 2009 camera system for the patrol vehicles.Costs include software, hardware, installation,training and one year's warranty and maintenance. Justice Assistance Grant Replacement-Evidence Tracking System 20,000 20,000 Justice Assistance Grant New-Graffiti Tracking System 25,000 25,000 SLEG(COPS/Brulte) Replacement-Mobile Alarm System 5,400 5,400 Asset Seizure Expansion-New utility truck purchased in 09/10 with radio, 3,000 3,000 lighting,decals,and minor reconfiguration of cargo area with shelving and gun racks etc.. Public Safety Total $135,605 $0 $135,605 LIGHT AND WATER Fund 33-Electric Replacement-Service Truck-Medium Duty $219,500 - $219,500 Light and Water Total $219,500 $0 $219,500 EQUIPMENT REPLACEMENT Fund 46 Replacement-Chief Bob Garcia's vehicle with another pre- $25,000 25,000 owned Fund 46 Replacement-Unsafe CSO unit(A-10) 22,045 22,045 Fund 46 Replacement-4 Patrol Cars 117,000 117,000 Replacement Total $164,o45 $0 $164,045 Grand Total-Capital Equipment $528,300 $0 $528,300 52 PUBLIC HEARING ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER '►XI/IO FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIE DATE: JUNE 21, 2010 SUBJECT: 2010 REFUSE RATE ADJUSTMENT AND PUBLIC HEARING RECOMMENDATION It is recommended that the City Council approve of a refuse collection rate adjustment for Athens Services effective July 1, 2010, by adopting attached resolution approving amendment number fourteen to the Exclusive Franchise Agreement and setting forth the following monthly proposed rates, inclusive of a customer service billing charge for residential customers of$0.67 per household per month: FY 2009-10 FY 2010-11 Service Moly Rate Moly Rate $ Change % Change Single Family $22.38 $22.61 $0.23 1% Multifamily $18.44 $19.98 $1..54 8.4% 3 Cubic Yard Bin $106.67 $111.68 $5.01 4.7% BACKGROUND The City of Azusa has an Exclusive Franchise Agreement with Athens Services for refuse collection and recycling services and is obligated to adjust service rates annually by July 1. This report and the attachments summarize proposed rate changes for July 1, 2010. A customer service billing charge is also proposed to be added with this rate adjustment. Contract required 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. For purposes of the annual rate adjustment, refuse rates are broken down into four rate components, plus an additional amount apportioned to single family and multifamily customers to offset uncollectable accounts. Each rate component is described below along with the proposed customer service billing charge for residential services. (1) Service Fees. These are used to pay for trucks, personnel, and operating expenses such as diesel fuel. Service fees or collection costs are adjusted by the consumer price index (CPI) Refuse Rate Adjustment June 21, 2010 Page 2 change from January to January. The CPI change from 2009 to 2010 went up slightly by 1.76%. (2) Processing and Disposal Charges. These are used to pay for the cost to process waste through Athens' material recovery facility (MRF), as well as the cost to dispose of yard waste and solid waste at the Puente Hills landfill. The non-landfill portion of the per ton MRF rate is adjusted by change in CPI, and the landfill charges are passed on to ratepayers on a dollar- for-dollar basis such that Athens does not profit on changes in landfill costs or fluctuations in tonnage amounts. Landfill costs are expected to increase next year from $38.26 to $42.66 per ton. The Agreement requires that costs and revenues be tracked and "trued-up" each year, rather than just applying the CPI to a particular rate component. Following shows processing and disposal costs and revenue from rates by customer class for 2009-2010: Single Family Barrel Customers MRF+Landfill Costs $852,161.86 Yard Waste $52,036.04 Total: $904,197.90 Revenues to Athens ($926,389.00) Revenue Excess: ($22,191.10) Prior Yr Excess: ($91,264.08) Credit to Customers: ($113,455.18) Multifamily Bin Customers MRF+Landfill Costs $557,054.39 Revenues to Athens ($531,336.30) Revenue Shortfall: $25,718.09 Prior Year Excess: ($26,255.89) Credit to Customers: ($537.80) Commercial Customers MRF+Landfill Costs $808,906.96 Revenues to Athens ($768,817.53) Revenue Shortfall: $40,089.44 Prior Yr Excess: ($62,364.32) Credit to Customers: ($22,304.88) Tracking above costs and revenues helped save rate payers $136,297.86 through this rate adjustment. (3) Franchise Fees. These fees represent City fees that are used to administer the contract and pay for wear and tear on City streets caused by disposal trucks. The franchise fee represents 10% of the sum of the service fee, disposal/processing fee, and franchise fee itself for each customer class. (4) AB 939 Fees. These fees are used by the City to pay for costs related to the City's compliance effort with the State's recycling mandate, AB 939. This fee has not been adjusted for next year. (5) Uncollectible Accounts. The Agreement requires the City to pay all amounts billed by the Refuse Rate Adjustment June 21, 2010 Page 3 Utilities Department to Athens Services. Any bad debts or uncollectible accounts need to be made up by an uncollectible accounts service charge. In FY 2010-2011, uncollectible account costs are expected to be about $40,000. (6) Customer Service Billing Fee. The City's contract requires that the City bill for residential refuse services, however, the cost incurred by Azusa Light & Water for billing services has not been included in the refuse rate schedules to date. To address this issue, staff have reviewed costs associated with customer support and billing functions, and are proposing that a monthly charge of$0.67 per household be added to the rate schedule based on following: The cost base for customer support and billing services for water, electric, refuse and sewer services is about $2.5 million annually based on the proposed FY 2010-11 budget. Of the 63,706 residential and commercial services billed last year, refuse services represented about 18% of the total customers. A proportionate cost allocation of customer service to refuse services for customer services and billing would equate to about $438,000 per year. However, Athens also provides customer service and so cost apportionment should largely be based on billing services and call referral costs. Therefore, staff proposes to discount the cost for refuse customer support and billing by 75%, which equates to $109,500 per year or$0.67 per household per month. Detailed rate calculations are provided in attachment to this report. FISCAL IMPACT The fiscal impacts of proposed rate adjustments will vary by customer class, from 1% for single family residents or $0.23 per month or $21,000 per year for all customers; to 8.4% for multifamily residents or $1.54 per month or $110,000 per year for all customers. Commercial rates will increase 4.7% or $5.01 per month for most common service level, a 3-cubic yard bin serviced one time per week; commercial rates overall will increase by about $91,000 per year for all customers. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Liza Cawte, Sr. Administrative Technician Attachments: • Resolution approving FY 2010-11 Refuse Rates (Amendment No. 14) • Rate Calculations • Customer Service Billing Charge • Rate Survey • Public Notice RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE FOURTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1; 2010 THROUGH JUNE 30, 2011. WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse collection and recycling services ("Original Agreement'); and WHEREAS, Section 5 of the Original Agreement requires that service rates be modified annually to account for cost of living changes and changes in disposal costs ("Adjustments") on July 1 of each year; and WHEREAS,rates have been calculated pursuant to the terns and conditions of the Original Agreement; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1: Adoption of Fourteenth Amendment. The attached Fourteenth Amendment to the Exclusive Franchise Agreement Between the City of Azusa and Arakelian Enterprises, Inc. for Refuse Collection,Recycling and Disposal Services is hereby approved. The rate schedule adopted as part of the Fourteenth Amendment shall supersede any rate schedule previously adopted. SECTION 2: Effective Date. This Resolution shall become effective upon its adoption. SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall certify,to the passage and adoption of this Resolution. PASSED AND APPROVED on this 21st day of June 2010. Mayor I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the City of Azusa at a regular meeting of the Utility Board/City Council thereof on the 21st day of June 2010,by the following vote of the City Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELIAN ENTERPRISES, INC. FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES AMENDMENT NO. 14 This Fourteenth Amendment to the Exclusive Franchise Agreement is entered into this 21 st day of June 2010 by and between the City of Azusa, a municipal corporation ("City") and Arakelian Enterprises, Inc., a California Corporation ("Contractor"). Effective July I st, 2010, the attached rate schedule shall replace Exhibit A of the Existing Exclusive Franchise Agreement approved on October 2, 2000. IN WITNESS WHEREOF, the parties have executed this Amendment No. 14 as of the date first set out herein. Date: Date: CITY OF AZUSA ARAKELIAN ENTERPRISES, INC. A Municipal Corporation d.b.a.ATHENS SERVICES Joseph Rocha, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Best Best&Krieger, LLP City Attorney EXHIBIT A TO FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC. MRF entire waste stream except green waste and clean inerts Service Processing/ Service Franchise AB 939 Uncollectible Monthly Disposal Fee Fee Fee Fee Account+CS Total Charges Rate Single Family (Trash&Green) 9.20 9.63 2.10 0.75 0.93 22.61 Multifamily Bin 8.22 8.35 1.85 0.67 0.89 19.98 Commercial Bins 3 Cubic Yard 1 Day/Week 39.62 57.59 10.80 3.67 111.68 2 Days/Week 79.24 65.19 16.05 7.35 167.83 3 Days/Week 118.86 72.85 21.30 11.02 224.03 4 Days/Week 158.48 80.37 26.54 14.68 280.07 5 Days/Week 198.10 88.13 31.80 18.36 336.39 2 Cubic Yard 1 Day/Week 26.41 60.22 9.63 2.45 98.71 2 Days/Week 52.83 72.20 13.89 4.91 143.83 3 Days/Week 79.24 84.02 18.14 7.36 188.76 4 Days/Week 105.65 96.73 22.49 9.81 234.68 5 Days/Week 132.07 108.34 26.71 12.24 279.36 1.5 Cubic Yard 1 Day/Week 19.81 46.27 7.34 1.83 75.25 2 Days/Week 39.62 71.05 12.29 3.66 126.62 3 Days/Week 59.43 95.18 17.18 5.49 177.28 Saturday Service 39.62 57.59 10.80 3.67 Locked Lid n/a 60.70 6.74 n/a 67.44 Bin Chane Out Ongoing Service n/a 6.75 0.75 n/a 7.50 Temp Bins 9.15 91.08 11.14 0.84 112.2.1 Extra Dumps 9.15 37.42 5.18 0.84 52.59 Same Da Different Day 9.15 1 57.08 7.36 0.84 74.43 Commercial 8.22 18.53 2.97 0.67 30.39 BarrelTIs ROOffs Ton Based 250.83 Ton Based 7.11 Ton Based Note: Uncollectibe Accounts Charge includes Customer Service(CS)Billing Charge of$0.67 for FY 2010-2011. W N M Q W IT q O W W M W O M tG W n M t0 M O W � N 1l1 Sol O N !� N d N W N W O C v A G N Oi l7 ^ t') lO it fV NMr is O N N L t9 e9 M f9 � N fA fA f9 r fA b9 f9 fA �fA f9 1A f9 'M 9 () f9 4f f9 M f9 m h o - o aN E. M fV 6. 0 Z F N of r a o cu W th W Q' O W 1� A 1� N f V Q O m M J o N N M N N c � � H � � m W d n r d d W In d t7 N W N f0 O A W A N W M CI e � p N ¢f fG N G (V 4l < 1. pi N d lV Oi tG W r Ol G N 01 m F s "Idy As < s J _ a S ✓ w li A O W M O (D (7 d WtM W N W W d W C C W N W lAp A �- d W N d A OI N S M O M O O O O A J ry 7 m h (D t0 M O (D M d m M W N W (O Q (O C C OJ W W tp C R J "f dA om Q QI W O d •[1 Q (D fD A O W W O M N(p W W M N W A A M (n m J n F LL O A J w 6 M O O Q m M A N M O� •D m (p A r O M d A ID A W m L LL A M 6� W t0 W O t- W • O N O N O� N N m M A N N A e- (p O t0 O O w A N m f9 � F d m J z y •D M N �- W M " N N O A M N O S In A A O d O I!J W U Z 01 [D h N N O W O N d 40 W W N A O W A A W O r I(Y [D A W W (O A W O O d A OI N W G> M lA N C N 03 N ? 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Y' Z U 0 t m $ t uu00000 � 00000u000 M N M O I(I N N M d IA N M A m m t o y n E O H c � F U N J H X U C Z MRF PROCESSING/DISPOSAL COST ADJUSTMENTS Puente Hills Landfill Rate Effective 1/1/2009,rate is$33.86/ton; Effective 111/2010 rate is$38.261ton; Effective 111111: $42.66-see note(CPI tab) Agreement Section 5.0 Adjustment Procedure 38.26 28.695 MRF PER TON RATE BREAKDOWN: 1-Apr-10 1-Jul-10 1-Jan-11 Existing Rate CPI` Adj.Rale CPI Adj.Rate A Processing Copt Per Ton: $41.98 1.76% 542.72 $42.72 6 Landfill Cost Per Ton: $38.26 S38.26 $42.66 C MRF Portion of Landfill at 75% $28.70 $28.70 $32.00 Per Ton Rate (Total of A&C) $70.68 $71.42 $74.72 RESIDENTIAL/COMMERCIAL BARREL CUSTOMERS Anticipated Tons/Costs-based on Apr,09-Mai_10 - - _ _ „ „ Extension/ Tons Rate Amount Green Waste(based on Apr 09-Mar 10) 3.004.44 $19.95, $59,938.58 MRF(based on Apr 09-June 09) 3.309.24 $70.68 $233,897.08 MRF(based on July 09,-Dec 09) 6.191.46 $71.42 $442,163.46 .MRF(based on Jan 10-Mar 10) _ x( -;;;'_� ..„- ,. 2.994.83 $74.72 $223,758.89 Required Revenue for MRF/Disposal Costs: $959,758.00 Monthly Required Revenue: $79,979.83 Adjusted Average Monthly Customer Count: 7,671.73 Monthly Rate for MRF Processing/Disposal $10.43 (Credit)/Deficiency'(based.on Apr,09-Mar 10+prior bat) - ($1.23) New Monthly Rate for Ju110=June 11 `_ _- $9.20 RESIDENTIAL BIN CUSTOMERS Anticipafed7oris7Costsbased on Apr D9-Mar;10 ;F,-; ,',"� ` ,- Extension/ Tons Rate Amount MRF(based on Apr 09-June 09) 2,182.31 $70.68 $154,245.67 # MRF(based on July 09-Dec 09) 4.06l.88 $71.42 $290,079.38 # 'MRF(basiid-on-Jan 10 •Mar 10)' ,: 1.927 47 $74.72 $144,011.03 # Required Revenue for MRF/Disposal Costs: $586,336.08 Monthly Required Revenue: $49,026.01 Adjusted Average Monthly Customer Count: 5,953.80 Monthly Rate for MRF Processing/Disposal $8.23 (Credit)/Deficiency(based on Apr 09-Mar 10+,prior bal) ($0.01) New Monthly Rate,for'Jul 09-June 10 -_- - - $8.22 COMMERCIAL BIN CUSTOMERS Anticipated Tot s/dosts base$on Apr 09.-.Mar 10 -;,- ;' ,ffi;.` - _ Extension/ Tons Rate Amount MRF(based on Apr 09-June 09) 2,780.64 $70.68 $196,535.64 # MRF(based on July 09-Dec 09) 5,940.98 S71.42 $424,275.41 # 'MRF{based on Jan 10Mar 10),1°` '"" '��;'"` `�'� - 3,128.65 $74.72 $233,157.26 # Required Revenue for-MRF/Disposal Costs: Y $854,568.30 Monthly Required Revenue: $71,214.03 Average Monthly Cubic Yards of Service: 22,757 Monthly MRF Rate Per Cubic Yard of Service: $3.13 (Credit)/Deficiency(based o6Api.09-Mar 10+prior hal) - ($0.08) New,Monthly Rate for Jul 09-June 10 - - - $3.05 # Based on actual tons disposed as reported on Monthly Disposal Report from 4109 to 3110. RESIDENTIAL/COMMERCIAL BARREL CUSTOMERS Puente Hills Landfill Rate Effective 111/2009,rete is$33.86/ton; Effective 111/2010 rate is$38.261ton; Effective 1/1111: $42.66 -see note(CPI MRF/DISPOSAL COSTS 4/6/2010 MRF Year Barrel Tons Rate Cost Total Tons Total Cost APRIL 2009 1,112.35 67.42 74,994.64 MAY 2009 1,108.94 67.42 74,764.73 JUN 2009 1,087.95 67.42 73,349.59 JUL 2009 1,097.74 67.38 73,965.72 . AUG 2009 990.77 67.38 66,758.08 SEP 2009 987.05 67.38 66,507.43 OCT 2009 997.39 67.38 67,204.14 NOV 2009 987.75 67.38 66,554.60 DEC 2009 1,130.76 67.38 76,190.61 JAN 2010 1.025.44 70.68 72,478.10 FEB 2010 913.34 70.68 64,554.87 MAR 2010 1,056.05 70.68 74,641.61 12,495.53 $851,964.12 LANDFILL DIRECT HAUL Year Barrel Tons Rate Cost None 5.84 33.86 $197.74 5.84 $197.74 GREEN WASTE Year Green Tons Rate Cost APRIL 2009 275.86 16.50 $4,551.69 MAY 2009 278.47 16.50 $4,594.76 JUN 2009 258.78 16.50 $4,269.87 JUL 2009 270.83 16.50 $4,468.70 AUG 2009 256.21 16.50 $4,227.47 SEP 2009 253.83 16.50 $4,188.20 OCT 2009 252.87 16.50 $4,172.36 NOV 2009 222.84 16.50 $3,676.86 DEC 2009 220.90 16.50 $3,644.85 JAN 2010 202.59 19.95 $4,041.67 FEB 2010 203.24 19.95 $4,054.64 MAR 2010 308.02 19.95 $6145.00 3,004.44 $52,036.04 TOTALS 15,505.81 $904,197.90 MRF/DISPOSAL REVENUES Year Res Cust Count Rate Com Barrel Ct Rate Revenue Total Revenues APRIL 2009 7,662.7616 10.75 42 7.01 $82,669.11 MAY 2009 7,677,0272 10.75 41 7.01 $82,815.45 JUN 2009 7;662.5940 10.75 41 7.01 $82,660.30 JUL 2009 7,725.6306 9.76 43 7.58 $75,728.09 AUG 2009 7,663.8632 9.76 - 43 7.58 $75,125.24 SEP 2009 7,691.1275 9.76 43 7.58 $75,391.34 OCT 2009 7,667.5916 9.76 47 7.58 $75,191.95 NOV 2009 7.666.5349 9.76 45 7.58 $75,166.48 DEC 2009 7.660,6909 9.76 45 7.58 $75,109.44 JAN 2010 7,672.2929 9.76 45 7.58 $75,222.68 FEB 2010 7,650.1296 9.76 47 7.58 $75,021.52 MAR 2010 7,660.4979 9.76 44 7.58 $75,099.98 $925,201.60 Temporary Bin Dumps(00/6) Bin Count Rate Revenue Total Bins Total Revenue Apr 09-Jun 09 44 8.79 $386.76 Jul 09-Mar 10 96 •8.34 $800.64 140 51,187.40 TOTAL MRF/DISPOSAL REVENUES $926,389.00 (Credit)/Deficiency for Period ($22,191,10) (Credit)/Deficiency for Prior Adjustment (Eff.7-1-2009)h, :($91,264:08) (Credit)/Deficiency for this Adjustment ($113,455.18) Average Monthly Customer Count 7,671.73 (Credit)/Deficiency Per Customer/Month over 12 months ($1,23) RESIDENTIAL BIN CUSTOMERS MRF/DISPOSAL COSTS 416/2010 MRF Year Bin Tons Rate Cost Total Tons Total Cost APR 2009 710.44 67.42 $47,697.86 MAY 2009 714.51 67.42 $48,172.26 JUN 2009 757.36 67.42 $51,061.21 JUL r 2009 727.16 67.38 $48,996.04 AUG 2009 711.31 67.38 $47,928.07 SEP 2009 695.64 67.38 $46,872.22 . OCT 2009 661.80 67.38 $44,592.08 NOV 2009 588.73 67.38 $39,668.63 DEC 2009 677.24 67.38 $45,632.43 JAN 2010 624.49 70.66 $44,138.95 FEB 2010 _ 607.26 70.66 $42,921.14 MAR 2010 695.72 70.66 $49,173.49 8,171.66 $557,054.39 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost None 0.00 0.00 $0.00 0.00 $0.00 GREEN WASTE Year Green Tons Rate Cost None 0.00 0.00 $0.00 0.00 $0.00 TOTALS 8,171.66 $557,054.39 MRF/DISPOSAL REVENUES Bin Cus Count are units billed that month. Year Cubic Yards Rate Bin Cus Count Revenue Total Cu.Yd. Total Revenue APR 2009 17,275 7.01 6,063.7682 $42,507.02 MAY 2009 17,171 7.01 6,062.9580 $42,501.34 JUN 2009 17,171 7.01 5,804.7991 $40,691.64 JUL 2009 17,145 7.58 5,759.1812 $43,654.59 AUG 2009 17,145 7.58 5,683.1229 $43,078.07 SEP 2009 17,151 7.58 5,935.3306 $44,989.81 OCT 2009 17,086 7.58 6,031.9443 $45,722.14 NOV 2009 17,047 7.58 6,033.3819 $45,733.03 DEC 2009 17,047 7.58 6,048.0469 $45,844.20 JAN 2010 17,047 7.56 6,019.3395 $45,626.59 FEB 2010 17.047 7.58 5,984.3718 $45,361.54 MAR 2010 17,047 7.58 61019.3059 $45,626.34 205,379 $531,336.30 Temporary Bin Dumps(0%) Bin Count Rate Revenue Total Bins Total Revenue Apr 09-Jun 09 0 8.79 $0.00 Jul 09-Dec 09 8.34 Jan 010-Mar 10 0 8.34 $0.00 0 $0.00 TOTALS 71,445.5503 $531,336.30 (Credit)/Deficiency for Period $25,718.09 Special Credit $0.00 (Credit)[Deficiency for Prior Adjustment (Eff;7.l ? '($2fi,255:89) (Credit)[Deficiency for this Adjustment ($537.80) Average Monthly Customer Count 5,953.80 (Credit)/Deficiency Per Month/Customer(based on 12 Months) ($0.01) COMMERCIAL BIN CUSTOMERS MRF/DISPOSAL COSTS 4/6/2010 MRF Year Bin Tons Rate Cost Total Tons Total Cost APRIL 2009 951.38 67.42 $64,142.04 MAY 2009 887.83 67.42 $59,857.50 JUN 2009 941.43 67.42 $63,471.21 JUL 2009 924.63 67.38 $62,301.57 AUG 2009 930.51 67.38 $62,701.61 SEP 2009 923.19 67.38 $62,204.54 OCT 2009 1,088.39 67.38 $73,335.72 NOV 2009 988.09 67.38 $66,577.50 DEC 2009 1,086.11 67.38 $73,182.09 JAN 2010 1;037:82 70.68 $73,353.12 FEB ;2010 977.73 70.68 $69,105.96 MAR 2010 1,113.10 70.68 $78,673.91 11,850.27 $808,906.96 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost Total Tons Total Cost Jan. 09 Report 0.00 38.26 $0.00 0.00 $0.00 GREEN WASTE Year Green Tons Rate Cost Total Tons Total Cost None 0.00 19.95 $0.00 0.00 $0.00 Temporary Bin Dumps Bin Tons Rate Bin Cost Total Tons Total Cost Apr 1;09 to Jun'30_:09 0.00 0.00 0.00 Jul 166 to Mar 1 10 0.00 0.00 0.00 0.00 0.00 TOTALS 11,850.27 $808,906.96 MRF/DISPOSAL REVENUES Year Cubic Yards Revenue Total Cu. Yd. Total Revenue APR 2009 '23,904 $69,985.93 MAY 2009 22,325 $65,371.79 JUN 2009 21,911 $64,150.06 JUL 2009 22;026 $61,185.57 AUG 2009 22,897 $63,605.07 SEP 2009 221858 $63,496.71 OCT 2009 ,23;072 $64,092.54 NOV 2009 122j889 $63,580.96 DEC 2009 22;902 $63,617.06 JAN 2010 22,847 $63,466.62 FEB 2010 22,843 $63,454.60 MAR 2010 - 22,612 $62,810.62 273,086 $768.817.53 Temporary Bin Dumps(0%) Bin Count Rate Revenue Total Bin Total Revenue Apr 09-Jun 09 8.79 $0.00 Jul 09-Mar 10 8.34 $0.00 0 $0.00 TOTALS $768,817.53 (Credit)/Deficiency for Period $40,089.44 Special Credit for 8/3/2006 $0.00 (Credit)/Deficiency Prior Adjustment Eff 7-7-2009 . x �`.'{$62,39432); (Credit)/Deficiency This Adjustment ($22,304.88) Total Annual Cubic Yards of Service 273,086.00 (Credit)/Deficiency Per Cubic Yard ($0.08) LBS Per Cubic Yard 86.788 Commercial Bin Service April 2009 thru March 2010 Year 2009 2009 2009 2009 2009 2009 1.5 CY Bin Customer Count 47112010 X's Week Apr Rate Revenue May Rate Revenue June Rate Revenue July Rate Revenue Aug Rate Revenue Sept Rate Revenue 1 117 19.03 $2,226.51 118 19.03 $2,245.54 119 19.03 $2,264.57 120 18.06 $2,167.20 120 .18.06 $2,167.20 120 18.06 $2,167.20 2 1 38.06 $38.06 1 38.06 $38.06 1 38.06 $38.06 1 36.12 $36.12 1 36.12 $36.12 1 36.12 $36.12 3 0 57.09 $0.00 0 57.09 $0.00 0 57.09 $0.00 0 54.18 $0.00 0 54.18 $0.00 0 54.18 $0.00 4 0 76.12 $0.00 0 76.12 $0.00 0 76.12 $0.00 0 72.24 $0.00 0 72.24 $0.00 0 72.24 $0.00 5 0 95.15 $0.00 0 95.15 $0.00 0 95.15 $0.00 0 90.30 $0.00 0 90.30 $0.00 0 90.30 $0.00 6 0 114.18 $0.00 0 114.18 $0.00 0 114.18 $0.00 0 108.36 $0.00 0 108.36 $0.00 0 108.36 $0.00 2.0 CY Bin X's Week 1 24 25.37 $608.88 24 25.37 $619.03 25 25.37 $634.25 24 24.07 $577.68 24 24.07 $577.68 24 24.07 $577.68 2 4 50.75 $203.00 4 50.75 $203.00 4 50.75 $203.00 4 48.15 $192.60 4 .. 48.15 $192.60 4 48.15 $192.60 3 1 76.12 $76.12 1 76.12 $76.12 1 76.12 $76.12 1 72.22 $72.22 1 72.22 $72.22 1 72.22 $72.22 4 0 :101.50 $0.00 0 101,50 $0.00 0 101.50 $0.00 0 96.30 $0.00 0 96.30 $0.00 0 96.30 $0.00 5 0 126.87 $0.00 0 126.87 $0.00 0 126.87 $0.00 0 120.37 $0.00 0 120.37 $0.00 0 120.37 $0.00 6 0 152.24 $0.00 0 152.24 $0.00 0 152.24 $0.00 0 144.44 $0.00 0 144.44 $0.00 0 144.44 $0.00 3.0 CY Bin _ X's Week 1 236 38.06 $8,982.16 236 38.06 $8,982.16 235 38.08. $8,944.10 231 36.11 $8,341.41 227 36.11 $8,196.97 231 36.11 $8,341.41 2 141 76.12 $10,732.92 �; 176. 76.12 $13,549.36 173 76.12 $13,168.76 l?; .151 72.22 $10,905.22 139 72.22 $10,038.58 141 72.22 $10,183.02 3 100 114.18 $11,418.00 99 114.18 $11,303.82 99 114.18 $11,303.82 120 108.34 $13,000.80 104 108.34 $11,267.36 102 108.34 $11,050.68 4 44 152.24 $6,698.56 42 152.24 $6,394.08 44 152.24 $6,698.56 44 144.45 $6,355.80 43 144,45 $6,211.35 43 144.45 $6,211.35 5 108 190.30 $20,552.40 71 190.30 $13,511.30 65 190.30 $12,369.50 65 160.56 $11,736.40 98 180.55 $17,694.88 97 180.56 $17,514.32 6 37 228.36 $8,449.32 37 228.36 $8,449.32 37 228.36 $8,449.32 36 216.67 $7,800.12 33 216:67 $7,150.11 33 216.67 $7,150.11 Total 813 $69,985.93 811 $65,371.79 803 $64,150.06 797 $61,185.57 794 $63,605.07 797 $63,496.71 Cary Kalscheuer Page 1 4/28/2010 Commercial Bin Service April 2009 thru March 2010 2009 2009 2009 2010 2010 2010 Oct Rate Revenue Nov Rate Revenue Dec Rate Revenue Jan Rate Revenue Feb Rate Revenue Mar Rate 117 18.06 $2,113.02 118 18.06 $2,131.08 118 16.06 $2,131.08 „ .121 18.06 $2,185.26 123 18.06 $2,221.38 122 18.06 0 36.12 $0.00 0 3612 $0.00 0 36.12 $0.00 0 36.12 $0.00 0 36.12 $0.00 0 36.12 0 54.18 $0.00 0 54.18 $0.00 0 54.18 $0.00 0 54.18 $0.00 0 54.18 $0.00 0 54.18 0 72.24 $0.00 0 72.24 $0.00 0 - 72.24 $0.00 0 72.24 $0.00 0 72.24 $0.00 0 72.24 0 90.30 $0.00 Q. , 90.30 $0.00 0 90.30 $0.00 0 90.30 $0.00 0 90.36 $0.00 0 90.30 0' 108.36 $0.00 0 ,108.36 $0.00 0 108.36 $0.00 0 108.36. $0.00 0 108.36 $0.00 0 108.36 24. 24.07 $577.68 25 24.07 $601.75 25 24.07 $601.75 24 24.07 $577.68 24 24.07 $577.68 '25 24.07 4 48.15 $192.60 3 48.15 $144.45 3 48.15 $144.45 3 48.15 $144.45 2 48.15 $96.30 2 48.15 1 72.22 $72.22 1 72.22 $72.22 1 72.22 $72.22 1 72.22 $72.22 1 72.22 $72.22 0 72.22 - 0 96.30 ,$0.00 0. .96.30 $0.00 0 96.30 $0.00 0 96.30 $0.00 0 96.30 $0.00 0 96.30 0. 120.37 $0.00 0 120.37 $0.00 0 120.37 $0.00 0 120.37 $0.00 0 120.37 $0.00 0 120.37 0; 144.44 $0.00 0 144.44 $0.00 - 0 144.44 $0.00 0 144.44 $0.00 0 144.44 $0.00 0 144.44 226 36.11, $8,160.86 - 228 36.11 $8,233.08 232 36.11 $8,377.52 '.226 36.11 $8,160.86 225 36.11 $8,124.75 224 36.11 143 72.22: $10,327.46 139 , 72.22 $10,038.58 139 :72.22 $10,038.58 141 72.22 $10,183.02 141 72.22 $10,183.02 138 72.22 101 108:34 $10,942.34 101;,-- .108.34 $10,942.34 . 100 108.34 $10,834.00 101 108.34 $10,942.34 103 106.34 $11,159.02 105 108:34 45 144.45 $6,500.25 43. 144.45 $6,211.35 43 144.45 $6,211.35 43 144,45 $6,211.35 43 144,45 $6,211.35 43 144.45 100 180.56 $18,056.00 100 180.56 $18,056.00 100 180.56 $18,056.00 ` 100'180.56 $18,056.00 99 180.56 $17,875.44 96 160.56 33. 216.67 $7,150.11 33:. .216.67. $7,,150.11 33 21667 $715011 „ .32 216.67 $6,933.44 . 32 . 216.67 $6,933.44 32 21667 794 564,092.54 791 $63580.96 794 $63,617.06 792 $63,466.62 793 563,454.60 787 Cary Kalscheuer Page 2 4/28/2010 4 Commercial Bin Service April 2009 thru March 2010 4!6!2010 Revenue Customer Count Revenue Total Total $2,203.32 $26,223.36 1,433.00 $0.00 $222.54 6.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $601.75 $7,133.49 292.40 $96.30 $2,005.35 41.00 $0.00 $806.12 11.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 $8,088.64 $100,933.92 2,757.00 $9,966.35 $129,314.88 1,764.00 $11,375.70 $135,540.22 1,235.00 $6,211.35 $76,126.70 520.00 $17,333.76 $200,812.00 1.099.00 $6,933.44 $89,698.95 408.00 $62,810.62 $768,617.53 9,566.40 Cary Kalscheuer Page 3 4/28/2010 COST BASIS FOR ALLOCATING CUSTOMER SERVICES TO REFUSE SERVICE RATES FOR REFUSE RATE SETTING PURPOSES ORGKEY Cost CenterDescription In or Out/Rationale Amount Adjustments 3140702920 Utility Administration Personnel Out/Certain Staff Budgeted to Fund 39 - 3140711903 Field Services Personnel Out/Refuse Service has no meters - 3140711903 Cust.Records&Collection Personnel In/Sign up residential customers/bill 1,304,320 -'P 1 3140711920 Cust.Svc.Supervision Personnel In/Sign up residential customers/bill 184,265 2 3140701928 Utility Board O&M Out/AMC doesn't authorize action - 3140702921 Cust. Records&Collection O&M In/Sign up residential customers/bill 119,950 3 3140702927 Utilities Admin O&M - In/Citywide overhead associated with FTEs 1,618,735 4 3140702935 General Plant O&M In/Office Supplies and Maintenance 151,800 5 3140711902 Field Services O&M Out/Supports Meter Reading _ 3140711903 Cust. Records&Collection O&M In/Supports Cust. Svc Staff 1,020,565 6 3140711920 Employee Related O&M In/Supports Cust Svc Staff 36,100 Total of Eligible Costs: 4,435 735 Adjustments-(See Notes Below) •,y"- 1 .ws. ,Reduced by 5%for time spent on Public Benefits Program (65,216) 2 50%for supervision of CS staff; (15%for Public Benefits/35%for Field Services) (92,133) 3 Exclude donation amount of$57,440 (57,440) 4 FTEs of Utilities Dept=80.75; Involved FTEs: 17.75; Ratio:21.98%; 78.02%X Citywide Overhead (1,262,937) 5 FTEs of Utilities Dept=80.75; Involved FTEs: 17.75; Ratio:21.98%; 78.02%X Supplies and Maint. (118,434) 6- FTEs of Utilities Dept=80.75; Involved FTEs: 17.75; Ratio:21.98%;78.02%X IT Allocation (387,888i Total Adjustments - (1,984,048) Cost Base for Customer Services 2,451,687 Adjustments-Notes 1 5%of Customer Service staff time spent on Public Benefits Program activities 2 15%of Time Spent Managing Public Benefits Program- 15%of this budget amount therefore should be budgeted to fund 24. Also,supervision of 9 Field Staff take 35%of time. Budgeted amount should be multipled by 50%therefore. 3 Donation of$57,440 should be excluded from total. 4 Amount should be adjusted to FTE count of involved Customer Service Division staff,excluding Field Personnel. 5 Amount should be adjusted to FTE count of involved Customer Service Division staff,excluding Field Personnel, 6 Amount of IT Alloc($497,165)should be reduced in proportion to FTE count of involved staff t, Cost For Billing and Customer Services Per Trash Customer - 2010-11 2010-11 Proposed Budget 1. Cost Base for Cust. Service Fee to Refuse Billing 2,451,687 _ (See Sheet 2) Method of allocation: 2. Number of customers: (2008-09) residential and business except trash whwich is residential only Electric-all customers 15,462 24% Water-all customers 22,512 35% Sewer-all customers 14,350 23% Trash-residential 11,382 18% 438,029 Total 63,706 100% 3. Monthly Cost to provide Customer Service to Refuse Service Customer: Cost for All Customers 1 2,451,687 Revenue Requirement for Refuse Count Portion $ 438,029 Discount for Trash Support Services 50% Adjusted Revenue Requirement $ 219,015 Monthly Adjusted Revenue Requirement $ 18,251 Rate Adjustment Customer Count 13,625 Adjusted Moly Cust. Support Svc. and Billing Charge 1.34 2010 Single Family Residential Rates Survey Claremont $29.63 i San Dimas $27.57 El Monte =T �.� , , $27.32 West Covina ,. .:__. _.. ,. $25.75 Pomona gM $25.55 Glendora $25.23 V i Azusa-Cty Areas $24.73 Covina $24.22 La Puente $23.32 Monterey Park k $22.68 Azusa (New Rate) c .,.. - ;v . ,.. ' . „• $22.61 La Verne .. . .., $20.99 Walnut $20.04 Arcadia $18.42 i Monrovia IEZZONO $16.06 $ $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 $35.00 Monthly Rate 2010 Commercial Rates Survey (3 CY/1x per Week) au.' ropy., rmwsggf •.n - y. 000 S West Covina $158.31' a � m qty Glendora ;'.'"+�Wrs �' "�2 Monterey Park $146 58 s ".�.' ''tr .iJ a`3KpkV`f ^}�::�. .Y ir��:`r�.i .��.ri.: .i r:�� t•� '�1.. San Dimas $las. a Covina y� $131.67` EI Monte $iz19 i La Puente x$119 70 w }SNft 15",4YY: A;j,.M. Claremont $ 1a 11J r ! upland $ 12 28 'XF h�' La Verne a$ 1z z1 x, �Y Azusa (New Rate) $1 1 68 Walnut $106 92 $- $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 Monthly Rate r MP.O.Box 9500 sT,svo4to Azusa,CA 91702 us.rosrnoa cop A ] U1 S A www.azusalwcrom 4,p4,e,c4 NOTICE OF PUBLIC HEARING - REFUSE RATE ADJUSTMENT JUNE 21, 2010 A ZUSA 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 efleclive for bills rendered on or after Julyl,2010. This notice is being mailed to the owner of record of each identified parcel subject to the trash rale increase. Said PUBLIC HEARING wilt be held at the regular meeting of the City Council of the City of Azusa on MONDAY,JUNE 21,2010,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 rale schedule effective from July 1,2010 through June 30.2011, as set forth below for typical residential and commercial services. Read below for more information. 4�• July4traw ' `:.,JutyJuna 20093010-'l -2Utp-2011 2010-2011 SERVICES, SERVICES v21 A, , �Currant Propodea' • ;Change '=-Total Monty',�TotalkManthlyi - 'fts,s Rate % $ Residential Bartel Service $22.38 $22.61 1.03% $0.23 Multifamily Bin $18.4 $19.98 8.35% $1.98 Commamlal Blna Sim-3 Cubic Yams 1 Daylyeeek $106.67 $111.68 4.70% 5501 - 2 DeyaNJeek $159.77 $157.83 5.71% $906 3 DaysNleek $210.94 $224.03 6.21% $1309 4 DaysA9eak $262.94 $290.07 6.51% 517.13 5 Day.weak $315.19 $336.39 6.73% $21.20 Size-2 Cubic Yams 1 Daywask, $94.85 $90.71 3.95% $3.76 2 DaysWeek $137.24 - $14383 a.eo% $6.59 3 DaysWeek $179.33 $168.76 5.28% $9.43 4 DaysAWeek $222.2 $234.68 5.51% $12.26 5 DaysWeek $264.26 $279.36 5.71% $15.10 Size-1.5 Cubic Yards - 1 Day Virek $72.42 $75.25 391% $2.83 2 Da AVeek S12136 $126.62 4.33% $5.26 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 rale adjustment will be used to pay Athens Services for trash collection and recycling services. Recycling services include processing altwaste 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 include City fees, such as 10%franchise fee,AB 939 or Recycling tee,billing fee,and fee to make up for non-payments. These fees are used by the City to administer the trash hauling contract,comply with the California Integrated Waste Management Act of 1989,and cover customer service and billing costs. 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. d written protests against the proposed rate adjustments and fee schedule are not presented by majority of owners of the identified parcels upon which the rales 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 Clark,City of Azusa,213 East Foothill Boulevard,Azusa,CA 91702,prior to the public hearing on June 21,2010. Written protests may also be submitted at the public hearing ao 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 wrgtan protest. It you have any questions about this notice or proposed changes to trash rates,please tail Customer Service at(626)812-5225. Copies of the proposed report and resolution for adoption of the trash rale Manges are available by calling the above-mentioned telephone number or at http9Avww.ci.azusa.ca.uslmtlex.aspx?nid=137. Thank you. z * ytra� AVISO DE AUDIENCIA PUBLICA AJUSTE DE TARIFAS DE RECHAZO 21 DE JUNIO DEL 2010 A Z U S A . A . ..,n LE AVISAMOS qua segOn of Articuto XIIID de to Constitucidn de California,at Ayuntamiento de to Ciudad de Azusa tendra una AUDIENCIA PUBLICA para considerar at incremento de tonfas para Is colecci6n de basura y de servicios de reciclaje efectivo para servicios prestados antes del 1 de julio del 2010.Esta aviso as esta mandando par comet,a cada dueno qua esta an record de coda parcels identifcada sujeta at incremento de tarifas. La AUDIENCIA PUBLICA se Ilevara acabo an Is Audiencia regular del Ayuntamiento de to Ciudad de Azusa of Lunes 21 de junio tle[2010 a las 7:30 P.M.,o to mas pronto posible,an of Auditorio Civico,213 E.Foothill Blvd.,Azusa. EI Ayuntamiento considerate is adopci6n de forties de Coleman de basura y reciclaje efectivo desde of 1 de julio del 2010 haste at 30 de Junto del 2011,como as explica abajo para servicios tipicos para residencies y centras comerciales.Lea Io siguiente para mas informaci6n. ,. Juli*Junlo' Ju1loJuni*; 20092010.- 2010-2011 :2011)-21)11 - SERWC105'• A vales PropueaM ..Camblo - ' c�Tarifa Mensual' ;TadfaMenaual _Total- `- " 'Total % $ Servicio de Barril Residential $22.38 $22.61 1.03% $0.23 Balde Multifamllier $18.44 $19.98 8.35% $1.98 1 Balde Commercial Taman*-3 Yardas Cubicas 1 'DlarSemana $106.67 $111.68 4.70%. $5.01 2 DlaSemane $158.77 $167.83 5.71% $9.06 3 DlaSemana $210.94 $224.03 6.21% $13.09 4 DlalSemans $262.94 $280.07 6.51% $17.13 5 DlaSemane $315.19 $336.39 6.73% $21.20 Taman-2 Yordas CObizas 1 DlarSemana $94.95 $96.71 3.95% . $376 2 DlarSemani $137.24 $143.63 4AD% $6.59 3 DlarSemana $179.33 $188.76 5.26% $9.43 4 DlarSemana $222.42 $234.68 5.51% $12.26 5 DlarSemana $264.26 $279.36 5,71% $15.10 Taman-1.5 Yordas Cubicas 1 DlaSemana $72.42 $75.25 3.91% $2.83 2 DlaSemana $121.36 $126.62 4.33% $5.26 Mas detalles sabre Is razdn del incremento propuesto esta an un repone disponible an to oficina del Administrador de la Ciudad an 213 E.Foothill Boulevard an Azusa quo as puede ver par cualquler persona interesada.EI ingreso de este ajuste se users,Dara pagarle a Athens Services par la colecd6n de basura y servicios de reciclaje.Los servicios de reciclaje mcluye of procesamtento de lode Is basura qua as colecle an Azusa a troves de una instalaci6n de recuperacidn de materiales donde todo at video,plastico,metal y produclos hechos con pope]as remueven y son recicla las.Otras portiones de sates tarifas incluyen las cuotas de la Ciudad,coma of 10%para-la cuota de(ranquicia,A6 939 0 to cuota de reciclaje,curate de facluracidn y Is cuota para cubrir Is,ial de pagos.Estes cuotas son usadas par Is,Ciudad para administrar at conbato,cumplir can at"California Integrated Waste Management Act"de 1989,y cubrir los costos de servicios y de iacturaci6n. A Is hors de Is audiencia,of Ayuntamiento de Is Ciudad escuchara y considerara fades las protesters y objeciones sabre las tarifas propuestas. Al terminar Is audiencia,of Ayuntamiento considerara,y puede adopter los ajustes propuestos.St no se proponen propuestas par escnto a Is Ciudad par la mayoria de los duenos de las parcelas identificadas an las cuales las nuevas tarifas seran impuestas,of Ayuntamiento sera auforizado a Imponer las tomes y cuotas. Comentarios o protestas at ajuste de tarifas propuesto so dabs entregar par escrito at Administrador tle Is Ciudad de Azusa,213 East Foothill Bloulevard,Azusa CA,91702 antes de la audiencia publica qua se[favors acabo of 21 de junio del 2010.Las protestas tambien pueden ser presentadas an Is audiencia si as reciben antes de to conclusion de dicha audiencia.Par favor incluya su direction donde recibe of servicto,o of numero de su parcels,su numero de telelono donde puede ser contaclado an la propuesta escrita. Si liens,alguna olra pregunta sabre este notificecion o los cambia propuestos,par favor Items a Servicio at Clients(626)812-5225.Copies de Is proposition y resolution para Is adoption del cambia de tarifas estan disponibles an httpJ www.ci.azusa.ca.usiindex.aspx7nid=137 o puede Hamer of numero mencionado anteriormente.Greases. U � °9ua:our`f SCHEDULED ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT �}� VIA: F.M. DELACH, CITY MANAGER /1U 0 DATE: JUNE 21, 2010 SUBJECT: RECONSIDERATION OF CITY COUNCIL ACTION REGARDING APPLICATION FOR AZUSA ROCK MODIFICATION TO CONDITIONAL USE PERMIT C-89-20, REVISED RECLAMATION PLAN, DEVELOPMENT AGREEMENT AND ENVIRONMENTAL IMPACT REPORT (EIR), LOCATED AT 3901 FISH CANYON ROAD APPLICANT: VULCAN MATERIALS COMPANY RECOMMENDATION Staff recommends that the City Council provide direction to staff to address the issues listed in this report and to negotiate with the applicant any necessary changes required to address the issues,and notice a legally required public hearing for the July 6, 2010, City Council meeting. BACKGROUND Vulcan Materials Corporation submitted an application to revise their existing 1988 Conditional Use Permit and Reclamation Plan to reflect changes in the location of quarry operations within the existing mine boundary and reclamation of the existing and future mined areas. Additionally, pursuant to Development Code requirements, approval of a Development Agreement was also being sought. Pursuant to the California Environmental Quality Act(CEQA),an Environmental Impact Report(EIR) was prepared. The City retained the services of the Lilburn Corporation to prepare and manage the EIR and, during the course of the project's review, staff and the Lilburn Corporation conducted an exhaustive study of the project issues. The project site has a long history of active mining dating back to the 1920's. In 1988,the Azusa City Council established a 50-year sunset date for mining activities as part of the Conditional Use Permit approval. As such,the applicant was granted a vested right to continue mining until 2038 unless found P91PIanning\Fntit1emenffiVu1can MininQCity CouncilCC Staff Report 621-10 Flnal.DOC 1 to be out of compliance with the conditions of approval. Every two years,the operation is reviewed and staff prepares a report addressing compliance for the Planning Commission meeting to certify the findings. Since the 1988 approval, the on-site operator has been found to be in compliance with their conditions of approval and not operating outside the scope of their approvals. In summary, the proposed revisions to the existing 1988 CUP, revised Reclamation Plan and Development Agreement would allow for: 1. A revised reclamation program to reshape,revegetate, and naturalize the appearance of the benches and terraces of the existing East Side and proposed West Side quarry faces. Reclamation will include one to two-foot horizontal and vertical"micro-benches"instead of the larger 30 to 40-foot horizontal and vertical stair-step benching that has been implemented on the East Side. The micro-benching, recontouring of straight line cuts to more natural lines,and revegetation with native plant species is intended to create finished slopes more closely resembling natural slopes to reduce existing and future visual impacts. 2. The acceleration of reclamation activities for the existing, more-visible East Side(i.e.,east of Fish Creek) such that reclamation is to be completed within approximately seven (7) years of project approval (likely in 2017) rather than at the end of the project in 2038. 3. The mining and reclamation of the westernmost approximately 80 acres on the West Side (described in the 1988 Reclamation Plan as a "Future Mining Area") in lieu of the easternmost approximately 80 acres on the East Side (defined as Phase II in the 1988 Reclamation Plan),which will shift future mining to less visible portions of the Project Site. 4. The inclusion of the approximate 80-acre West Side portion of the Project Site into the Revised Reclamation Plan with its updated reclamation program. 5. An increase in the size of the on-site detention basin from a surface area of approximately 1.1 acres to approximately 1.45 acres (basin depth to remain at its current elevation). The capacity of the detention basin would change from 9.8 acre feet to a minimum of 12 acre feet. The Planning Commission held five (5) public meetings including one study session, three public hearings and a public meeting on the following dates: 1. January 13, 2010 2. January 27, 2010 3. February 3, 2010 4. February 10, 2010 5. March 10, 2010 Public testimony was taken at all meetings and, at the March 10, 2010, meeting, the Planning Commission voted 3-1 to recommend certification of the Draft EIR,3-1 to recommend approval of the modification to CUP C-89-20 as well as the revised Reclamation Plan, and 2-2 (recorded as a recommendation for denial) on the Development Agreement. As part of the Planning Commission's deliberation, a number of issues were discussed and the Planning Commission requested that the City Council establish that the Use Permit compliance be monitored annually by the Planning Commission P:UPlanningEntitlementswulcan MiningCity Counci6CC Staff Report 621-10 Flnal.DOC � I (as opposed to every two;years) and that the Council ask the applicant to make their best efforts to secure an air quality monitoring station at Valley View Elementary School. The City Council held a public hearing on April 19,2010,and testimony was taken from approximately 70 members of the public. Many of the public hearing participants asked questions involving both the entitlements and the EIR. After all speakers completed their comments, the City Council closed the public hearing and adjourned the item to April 26,2010. The Council asked that staff respond to the many questions raised at the April 19, 2010,public hearing.The meeting to hear the continued item on April 26, 2010 was continued to provide additional time for staff to prepare responses to the questions and review issues raised at the public hearing. Staff has prepared responses to numerous questions received both in writing and verbally at the April 19,2010,public hearing. At the May 17, 2010, City Council meeting,the City Council opened the public hearing,took testimony from the public,certified the Final EIR but denied the modification to the Conditional Use Permit and Reclamation Plan. On June 7, 2010, the City Council unanimously voted to reconsider the May 17, 2010, denial of the project. Staff was directed to return to the June 21,2010,City Council meeting with options as to how the Council could proceed. ANALYSIS Issues Raised The following issues were raised at the June 7, 2010, meeting: • Revegetation (ensuring that the coverage present today is duplicated through revegetation) • On-site monitoring • Environmental safeguards • Financial safeguards • Access to trails • Implementation of staging of trails (to Fish Canyon) • Mitigation for dust control • Set-aside funds for property acquisition(open space acquisition) • Cessation of all mining in 2038 If directed, staff is prepared to address these issues with the applicant and return to the City Council at the July 6,2010,with discussion on further guarantees that staff can negotiate with the applicant as well as additional conditions of approval that could be placed on the project to address these and any other concerns. Procedural Alternatives 1. The City Council may decide to take no further action and direct Vulcan to re-file its application should it desire. Choosing this alternative would uphold the May 17,2010 decision and the subsequent Council action on June 7, 2010 would have no impact. If this alternative is chosen no further action is needed other than for the Council to make a motion to approve this alternative. P Plannin¢\EntitlemenOkVulcan Mining0ty Counci}.CC Staff Report 6.21-10 Flnal.DOC I 2. The City Council may direct staff to further address issues related to the proposed project and further direct that the staff notice a new public hearing for July 6,2010. If this alternative is chosen,then City staff will discuss issues with Vulcan,prepare amended documents to reflect changes and publish notice of a public hearing. This will return the application to the same status it had as of May 17,2010. While some might argue that a new public hearing is not legally required, staff recommends the noticing of a new public hearing to provide the public an opportunity to comment on changes made to the project. 3. The City Council may direct staff to further address the issues without setting a new public hearing date. To accomplish this, the Council is advised to make such a motion. California Environmental Quality Act Compliance As previously mentioned, a Final Environmental Impact Report (FEIR) (State Clearinghouse No. 2009051057)was certified by the City Council in compliance with CEQA and the State Guidelines for Implementation of CEQA(as amended,2009).For purposes of this FEIR the proposed Project consisted of the,activities that would be allowed with approval of a Modification to Conditional Use Permit C-89- 20 and a revised Reclamation Plan application, being considered by the City of Azusa, along with a Development Agreement to be executed between the City of Azusa and Vulcan Materials Company. The FEIR also documents the existing conditions within the City of Azusa in the vicinity of the project site and evaluates the potentially significant environmental impacts that may occur with the proposed project. FISCAL IMPACT The Development Agreement provided the following financial benefits to the City: 1. Annual mining tax @$0.48 per ton,with a$1.5 million advanced payment and$500,000 annual minimum payments. 2. $0.055 per ton tax on"overburden"unless overburden is used for an Azusa project. Estimated at $250,000 per year for the first 7-years of operation. 3. $0.05 per ton assessment for Community Benefit including Library Project; Scholarship; or Environmental programs, as directed by Council. P:11 PlanningEntitlementswulcan Minin�City CouncilCC Staff Report 621-10 Final.DOC 3433 Wilshire Boulevard SIE RRA (213)387-4287 phone Suite 320 CLUB (213) 387-5383 fax Los Angeles,CA 90010-1904 w .angeles.sierraclub.org FOUNDED 1892 Angeles Chapter June 21, 2010 Joseph Rocha, Mayor, and Members of City Council City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 RE: Proposed Reconsideration of Vulcan Materials Company application for modified Conditional Use Permit, Reclamation Plan and Development Agreement regarding Azusa Rock Quarry The following comments are submitted on behalf of the San Gabriel Valley Task Force of the Sierra Club, Angeles Chapter, in response to the agenda item before you this evening proposing reconsideration of this matter. As you aware, this topic was thoroughly briefed by city staff and several of the city's consultants at several Planning Commission meetings and two City Council meetings, and discussed at some length by each of these decision- making bodies before each voted on the merits of Vulcan's proposal. Given this background, the Sierra Club questions the legality of City Council reconsideration of this proposal with various modifications as suggested in the recent staff report. The City Council had an opportunity on May 17 to defer a vote on Vulcan's proposal until such time as such limited modifications could be made to the proposal, but chose not to. The City Council cannot at this time reconsider a vote already taken under the assertion that such reconsideration is a re-visiting of the vote taken on May 17. If Members of the City Council genuinely believe it is in the best interests of the residents of Azusa and the surrounding communities to allow continued mining at Azusa Rock Quarry, it is incumbent that the Council request that staff and its consultants focus on a more environmentally responsible alternative than that still currently proposed by Vulcan. Such a more responsible alternative would include as a minimum the following: (a) All future mining would be conducted east of the ridge line of Van Tassel Ridge and west of the ridge above Mountain Cove so that both ridgelines remain unimpaired. (b) A management plan for the protection and restoration of Fish Canyon and the stream-side trail along Fish Creek be prepared by an interdisciplinary team of qualified natural scientists,to be implemented by Vulcan in conjunction with an advisory committee of scientists and local residents. (c) Access to the historic stream-side trail along Fish Creek be available during days on which Azusa Rock Quarry is not in operation. (d) All requirements of the South Coast Air Quality Management District be rigorously complied with to protect the health and well-being of all community residents. (e) A demonstration of microbenching on the previously mined area on the east side of the quarry and successful re-vegetation in that area be completed before approval. Thank 'or your considera J r1� �1 - 7o z Chair of the San Gabriel Valley Task Force, Angeles Chapter of Sierra Club .J,OF�IZG _ _ _, * _ u• . i ' I' �tY 4 .... P •Cg4FClA�A� CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,JUNE 7,2010—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 Ceremonial Certificates were presented`o.individuals and businesses who supported Lead in Harmony(2009)and who Lead In Harmony participated in Hands Across Azusa(2010). &Hands I Certificates of Recognition were presented to Art students of Sierra High School who have used their skills Sierra High for the community and for students eaming highest GPA for the year. School CLOSED SESSION t Closed Session City Attorney Carvalho advised that an item of subsequent need arose after the posting of the agenda and it City Attorney was moved by Councilmember Carrillo,seconded by Councilmember Gonzales and unanimously carried to Item of add the item as number 6 in the list of Closed Session items. Subsequent need The City Council recessed to Closed Session at 7:05 p.m. 1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/Labor• Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier Negotiators Organizations AMMA,SEIU,APOA,APMA and ACEA 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(a)). Cnsl Farris v.City of Azusa-Los Angeles Superior Court,Case Number KC 056193 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov.Code See.54957) Pub Emp Title: City Manager Evaluation 4. REAL PROPERTY NEGOTIATIONS(Gov.Code See,54956.8) Real Property Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff - Neg. Under Negotiation: Price and Terns of Payment a. NEC AZUSA/ARROW SITE Address: 17511 E.Arrow Hwy,Azusa,CA 91702 Negotiator: Fowler Family Trust Address: 17525 E.Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency 5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9 (a) One Case. Bobby Moreno, Michael Moreno and Thomas Singh. I UJ00265, Cost 0JO02641 and 10J00266,Small Claims Matters. 6. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Conf w/Legal See.54956.9(b)and(c). One Case. (Added Item) - Cnsl Mr.Mike Lee addressed Council stating that he spoke to members of the Fowler Family Trust that M.Lee Comments they are a nice family. Mr. Jorge Rosales addressed Council and asked for clarification on items being added to the ].RosalesComments agenda as well as the difference between items number 2 and 5 listed on the Closed Session agenda;City Attorney responded to his questions. i The City Council reconvened at 7:46 p.m. The City Attorney advised that there was no reportable Cncl Reconvened action taken in Closed Session but that not all items were completed and will be addressed at the end of the No Reports regular meeting. _ Mayor Rocha called the meeting to order. Call to Order INVOCATION was given by Pastor Woody Calvary of Praise Chapel of Azusa Invocation Sgt.Marquez led in the salute to the Flag. Flag Salute .Mr.Julian Herrera a graduating Senior at Sierra High School presented a plaque to Mayor Rocha J.Herrera Sgt. Marquez presented the Los Angeles Community Covenant Certificate and requested that the City Sgt.Marquez Council sign the Covenant between the City and the U.S.Army. - Covenant Cert. The City Council recessed at 7:55 p.m.and reconvened at 8:11 p.m. Recess/Rec ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Detach, Assistant City Manager Makshanoff,Police Chief Garcia, Police Captain Momot,Director of Public Works Haes,Economic and Community Development Director Christiansen, Library Director Johnson, Administrative Services Director/Chief Financial Officer Kreimeier, Assistant Director of Economic and Community Development McNamara, City Engineer Hassel, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. - PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council reminding all to vote and noted his choice of candidates. He reminded M.Lee parents to have their children wear bicycle helmets and complimented Council on the Vulcan vote. Comments Mr. Daniel Meza thanked Council and staff for the great job they are doing and spoke on Vulcan proposal D.Meza and issues. Comments Ms. Irene Villapania, Executive Director of the Azusa Chamber of Commerce addressed Council and Villapania provided an update on Chamber activities. Comments The following members of Azusa Youth Against Smoking addressed Council urging stricter penalties and Azusa Youth fees to the Youth Against smoking ordinance: Edgar Ontiveros, Shirley Manzo, Sylvia Ramirez Emily Against Smoking Ayala,Debra Levi,Zodin Del Rosario,Yazmin Rico and Diego Gomez. Ms.Brenda,Jared and Riley Van Der Loo thanked Council for not approving the Vulcan Project. Van Der Loo Mr. Dennis Willut addressed Council regarding Monrovia Project update, union increase, and training for D.Willut gloves,commodities,economy,electric rates.Duarte and retraction of boycotting Azusa businesses. Comments City Manager Detach and staff responded to questions stating that a program is being developed regarding Responses to the smoking ordinance;options will be presented in July;electric rates are 15-20%lower than other cities; Questions rubber gloving training is essential,and it is not known when Rosedale property will be bid. REPORTS.UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Rpts Moved by Mayor Pro-Tem Gonzales, seconded by Councilmember Carrillo and unanimously carried to J.Azpeitia approve request for sponsorship in the amount of$100 to Jose Miguel Azpeitia of Azusa High School Sponsorship English IV Advanced Placement Class who will be traveling to London,England in the Spring of 2011. Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Gonzales and unanimously carried to Certificates approve request for certificates for Christbridge Academy 2010,graduates. Christbridge Azusa Police Lieutenant Chavez presented an update on the Gang and Graffiti Enforcement Unit detailing Update Gang& what and how they approach the problems with Gang and Graffiti within the City. Graffiti Enforce 06/07/10 PAGE TWO Mr. Dan Bacani and Mercedes Castro of the Azusa Business Action Committee presented the City DVD City DVD entitled: The Next Gold Rush created to promote Azusa and thanked all involved in the project. The Next Councilmember Macias asked that a copy of the DVD be placed on the City website,cable channel,Azusa Gold Rush _ Light and Water website,Citrus College,and AUSD. Councilmember Gonzales thanked all who attended the AYP Barbeque and reminded all of the Kids Come Gonzales First Golf Tournament to be held on Friday,.lune 11"at the San Dimas Country Club. Comments Councilmember Hanks recognized Ministers of Azusa for the great job providing invocations. Hanks Councilmember Macias requested an update on financial periodicals and resources available in the City Macias Library. He wished all a Happy Fathers Day. He then asked the City Attorney for the procedural process Comments for anything relating to Vulcan. City Attorney Carvalho responded stating that a discussion regarding parliamentary procedures,a motion to City Attorney reconsider,would have to be agendized in order for it to be discussed. Comments An item of subsequent need arose after the posting of the Agenda regarding parliamentary procedures, a Item of motion to reconsider, and it was moved by Councilmember Macias, seconded by Councilmember Hanks Subsequent Need and unanimously carried to agendize it to be discussed under Reports, Updates Council Business and Announcements by Staff,B-4. Councilmember Macias thanked staff for the asphalt that would be placed at Block 36 for additional use for Macias parking and community events. Comment Councilmember Carrillo reminded all of the danger of using the San Gabriel River as a cooling off place Carrillo and asked that staff place the mobile sign up in the canyon area and a Public Service Announcement on Comments local cable channel and to get the message to the AUSD to relay to high school students. He requested that staff provide a schedule of the dates, times and places for Cooling Centers by the next Council meeting. He thanked all involved in the success of the Memorial Day Ceremony, congratulated all Azusa students who graduated and reminded all that summer is here and to take extra precaution with kids out of school. Mayor Rocha announced the Be a Walker Program on Saturday,June 12ih at Veteran's Park,congratulated Rocha all High School Graduates and asked to keep all service men and women in prayer. Comments City Attorney Carvalho detailed options for addressing the item for reconsideration of the Vulcan issue, City Attorney responded to questions posed regarding the ramifications of not taking action tonight and clarified the rules Reconsideration of parliamentary procedures,noting that to reconsider would revive the issue and provide an opportunity to Vulcan Matter have the item heard again and give staff direction to address items of concem. Councilmember Macias advised that he had discussions with John Fasana of Duarte, Richard Deem of Macias Azusa and David Donnelson of Vulcan expressing concerns and problems with the Vulcan project and Comments based on that he feels the item merits reconsideration. Moved by Councilmember Macias, seconded by Councilmember Hanks and unanimously carried to Vote to reconsider the vote on resolution of the City Council approving modification to conditional use permit and reconsider a revised reclamation plan. CUP&Plan City Attorney Carvalho advised that Council should allow the public to comment on the reconsideration City Attorney and then direct staff to come back to the next meeting with an outline of all options and alternatives and she Comments asked Council to convey any issues of concern to staff so that they may be included in the staff report. Mr.Jeff Melching,Attorney for the City of Duarte stated that he would like the opportunity to review the J.Melching Robert's Rules of Order, and if the reconsideration should have been brought up at the Special Meeting Comments held prior to this one. He urged Council to conduct another public hearing in order to hear from the public and reminded them that State guidelines require a thirty day notice to the Mining and Geology Board. Ms.Mercedes Castro addressed Council stating she is very proud of them for revisiting the issue of Vulcan. M.Castro Mr.Jorge Rosales addressed Council stating that he hopes there is enough time on June 21"to give notice J.Rosales to the public of this major change because a three or ten day notice is not sufficient. Comments City Attorney Carvalho responded to question regarding parliamentary procedures stating that there are City Attorney many variations of the rules and she is using the Rosenberg's Rules of Order a Simple Parliamentary Comments Procedure for the Twenty First Century. She recommended that everything be clarified and recommended that the City Council make a motion to table the rules of parliamentary procedure and any other local rules in order that there be no concerns with conflicts between the rules. Further that a recommendation to the June 21'report include the noticing of a new public hearing. She clarified that this motion would give Council the flexibility on how the issue is addressed. The legal motion.is: "the body however can atways vote to suspend the rules of parliamentary procedure by two-thirds majoritP and allow, the motion to reconsider to be madeatant'other time" 06/07/10 PAGE THREE Public comment was solicited regarding the suspension of all Rules of Parliamentary Procedures.including Public Comments local rules,but none was received. None Moved by Councilmember Macias, seconded by Councilmember Hanks and unanimously carried to Rescind rescind motion for reconsideration and move to suspend all Rules of Parliamentary Procedure,including all Reconsideration local rules. City Attorney Carvalho advised that she will work with City Manager to bring back a staff &suspend Rules report on June 21,2010,with a variety of options,alternatives and timelines,including new public hearing Of Par.Proce. notices. SCHEDULED ITEMS Sched Items NONE. None The CONSENT CALENDAR consisting of Items D-I through D-I1 was approved by motion of Consent Calendar Mayor Rocha,seconded by Mayor Pro-Tem Gonzales and unanimously carried with the exception of items DI—D-11 D-6 and D-7,which were considered under the Special Call portion of the Agenda. D-6&7 Spec 1. The minutes of the regular meeting of May 17,2010,were approved as written. Min appvd 2. The City Treasurer's Report as of April 30,2010,was received and filed. Teas Rpt 3. Approval was given to the Police Department to purchase three (3) digital GPS cameras from Pur GPS Cam Graffiti Tracker Inc., including access to automated graffiti tracking system in an amount not to Graffiti Tracker exceed $22,280.25 and the purchase was approved based on a sole source manufacturer as Inc. authorized by AMC Section 2-523(d)when there is no competitive market. 4. The City Clerk was directed to conduct the review of Conflict of Interest Code and submit required -Biennial Rpt Biennial Report. Conflict of int 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Res. 10-02 AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2010-11 PURSUANT TO Appropriation ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. (Approving Appropriations Limit of Limit FY 10/11 $148,741,282). 6. SPECIAL CALL ITEM. Spec Call 7. SPECIAL CALL ITEM. Spec Call 8. Staff was authorized to award CIP Project 466110B Foothill Boulevard Reconstruction project to Foothill Blvd Sully Miller,Contracting Company of Brea,CA in the amount of$640.911.00. Reconstr 9. Staff was authorized to enter into a professional services agreement with SA Associates for a not to PSA SA exceed fee of$112,000 to provide professional construction management services for Citrus Avenue Assoc from Alosta Avenue to the northerly city boundary. 10. Staff was authorized to enter into a professional services agreement with CNC Engineering for a not PSA CNC Eng to exceed fee of$16,730.00 to provide topographic survey and mapping services for intersections requiring street improvements for the preparation of traffic signal and/or striping modifications included in the Rosedale Traffic Mitigation 11. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C33 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS - Spec Call Economic and Community Development Director Christiansen responded to questions regarding the Questions re: Community Development Block Grant Program RFP stating that due to the retirement of Roseanna Jars CDBG there is a vacancy and although they are trying to fill the position in house,there is a need to have approval of the RFP if needed. He also noted that they would place the correct date on the agreement Moved by Mayor Rocha,seconded by Councilmember Hanks and unanimously carried to authorize staff to RFP for CDBG advertise and release the Request for Proposal for consulting services to coordinate and administer the Approved City's Community Development Block Grant(CDBG)program. City Engineer Hassel responded to questions regarding Citrus Avenue Reconstruction Project stating that C.Hassel this a full reconstruction with the removal of the asphalt, rock or base, redo the grade, soil and put in six Comments inches of new pavement. Reconstruction Citrus 06/07/10 PAGE FOUR Moved by Mayor Rocha,seconded by Councilmember Hanks and unanimously carried to authorize staff to Citrus Ave award the Citrus Avenue Reconstruction project to Sully Miller,Incorporated of Brea.CA in the amount of Reconstruction $722,728.00. Approved THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA convened 10:15 P.M. THE CITY COUNCIL RECONVENED AT 10:16 P.M. - Cncl reconvened The City Council recessed back into Closed Session at 10:16 p.m.and reconvened at 11:19 p.m. There was Closed Session no reportable action taken in Closed Session. Reconvened It was consensus of Council to adjourn Adjourn TIME OF ADJOURNMENT: 11:20 P.M. CITY CLERK NEXT RESOLUTION NO.2010-C34. NEXT ORDINANCE NO.2010-05. - 06/07/10 PAGE FIVE L U u. • i CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,FEBRUARY 22,2010—7:07 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Light and Water Conference Room located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS ABSENT: COUNCILMEMBERS: HANKS,ROCHA ALSO PRESENT: Also Present City Manager Delach,City Attomey Ferre,Economic and Community Development Director Christiansen, City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Ms.Andrea Cmz addressed Council regarding the denial of a appeal of a non-conforming use of a nursery A.Cruz on her property. She asked that she be able to meet with staff in order to allow her to continue with the Comments - use. Economic and Community Development Director Christiansen responded stating that he would get in K.Christiansen touch with Ms.Cruz and set up a meeting to discuss the options. Response CLOSED SESSION - Closed Session The City Council recessed to Closed Session at 7:10 p.m. Recess 1. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956.8 - Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment - a. Address: 809 and 813 N.Dalton Avenue Negotiating Parties: O'Bryant, Steven and Wetsfall,Betty(Owner) b. Address: 634 N. San Gabriel Avenue(Fashion Sportswear), Negotiating Parties: Kwon,Soon I(Owner) NEC AZUSAIARROW ' c. Address: 17511 E.Arrow Hwy,Azusa,CA 91702 -Negotiating Parties: Fowler Family Trust d. Address: 17525 E.Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency The City Council reconvened at 7:35 p.m. There was no Reportable Action taken in Closed Session. Reconvened TIME ADJOURNMENT:7:36 P.M. No ReportsAdjourn in CITY CLERK NEXT RESOLUTION NO. 10-C8. ti't OFg2G __ N N U , , CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,MARCH 22,2010—7:20 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Light and Water Conference Room located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Ferre,City Manager Delach, Assistant City Manager Makshanoff, Director of Utilities Morrow, Administrative Services Director— Chief Financial Officer Kreimeier, Finance Controller . Michaels-Aguilar,Director of Recreation and Family Services Jacobs,Library Director Johnson,Director of Information Technology Graf,Chief of Police Garcia,Assistant Director of Economic and Community _ Development McNamara, Director of Public Works Haes, City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part PUBLIC PARTICIPATION Mr.Jorge Rosales addressed Council stating that he hoped for an update on designated funds for the J.Rosales following: Compensated Absences, Contingency, Capital Funds, new police officers, Undesignated Comments Funds,General Fund Equivalents-Rosedale,Highway 39 Maintenance Fund,Equipment Replacement,and Liability Fund. Administrative Services Director—Chief Financial Officer Kreimeier responded providing amounts for some funds and advised that he would respond to his questions via the e-mail, AGENDA ITEM Agenda Item FISCAL YEAR 2009-10 MID-YEAR BUDGET REVIEW. 2009-10 Mid Year Review City Manager Delach addressed the item stating that although the City is in good shape at this time,due to City Mrg Delach the recession,downturn in the economy has had impacts on the City budget and there may be a cash flow Comments deficit during the next fiscal year in the amount of$500,000-$750,000,if the current projections hold. He stated that he will ask for direction at the end of the presentation on how to address this issue. Administrative Services Director—Chief Financial Officer Kreimeier presented and detailed the Mid-Year A.Kreimeier Overview,Continuing Progress,Revised Fund Balance,Economic Factors,Revenue Issues,Expenditure Presentation Issues,Fiscal Prudence,Preliminary Budget Directives,Budget Philosophy,FY 2010-11 Budget Issues, Mid Year Budget and lastly the FY 2010-11 Budget Schedule. He responded to questions posed by Councilmembers. For Review City Manager Delach addressed Council requesting that due to the short fall of one half to three quarters of City Mgr Delach a million dollars,he recommended the use of reserves to balance the budget or cut the budget. Council Comments provided general direction to use reserves in the amount of$500,000 to 750,000 to balance next years General Direction budget. Use Reserves Administrative Services Director—Chief Financial Officer Kreimeier provided the FY 2010-11 Budget A.Kreimeier Schedule and detailed its content. Discussion was held regarding impacts from the State budget. Budget Sched RESOLUTION REGARDING FOR THE SELECTION OF MAYOR PRO TEM. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,AMENDING Res. 10-C20 AND RESTATING RESOLUTION NO.97-051 CONCERNING THE SELECTION CRITERIA AND Amend Res Mayor TERM OF THE MAYOR PRO TEM. Pro-Tem Moved by Councilmember Hanks, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: - AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of the Council to adjourn. Adjourn TIME ADJOURNMENT: 8:32 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C21. t 03/22/10 PAGE TWO ,Of CT, i r CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,APRIL 26,2010—7:36 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Light and Water Conference Room located at 729 N.Ansa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS.HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE - ALSO PRESENT: Also Present City Attorney Carvalho,City Manager Delach,Assistant City Manager Makshanoff,Director of Economic and Community Development Christiansen. PUBLIC PARTICIPATION Pub Part Ms.Xilonin Cmz-Gonzalez addressed Council requesting that the item in closed session be identified,and X.Cruz-Gonzalez that if it is the Vulcan Plan it be limited to the scope of what is to be discussed. Mr.Bruce Knoles addressed Council requesting Council meet with him to talk about Vulcan Myan steps. B:Knoles Mr.Dennis Willut addressed Council asking that the questions regarding"shall"and"should"discussed at D.Willut the last meeting be explained to him. Further,he would like to talk to the legal office for the city. Comments City Attorney Carvalho responded the closed session is due to a threat of litigation from CityofDuarte to City Attorney the City of Ansa. She also advised that it isn't appropriate for members of the public to contact their Response office,but to contact staff of the City of Ansa. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 7:50 to discuss the following: 1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION(Gov.Code Sec. Conf w/legal Cost 54956.9(b).One Case. The City Council reconvened at 8:36 p.m. There was not reportable action taken in Closed Session. Reconvened It was consensus of the Council to adjourn. Adjourn TIME ADJOURNMENT: 8:37 P.M. CITY CLERK NEXT RESOLUTION NO. 10-C26. S - I •,O.F,,isq., U' `O'�rFbRr�P 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 MANAGER, DATE: JUNE 21, 2010 I '"�� // 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 June 8, 2010, 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'SA'LARY PD Lauren Ferrari Police Officer Merit Increase 6101/3 05/21/2010 $6062.94 PD Seth Chapman Police Officer Merit Increase 6101/5 05/23/2010 $6691.99 PD Nick Covarrubias Police Officer Merit Increase 6101/5 05/23/2010 $6691.99 PD John Madaloni Police Sergeant Regular Appt. 6501/4 05/27/2010 $7779.92 PD Jason Poulos Comm. Serv. Officer-Field Merit increase 9170/5 06/03/2010 $4620.31 PD Sandy Willison Training Coordinator Merit Increase 9192/3 06/01/2010 $5274.40 RFS Jennifer Retana Senior Office Specialist Merit Increase 4158/5 05/22/2010 $4201.03 UTL Samantha Bowman Customer Serv. Rep. II Merit Increase 5164/5 05/23/2010 $4246.73 FN Susan Paragas Budget Analyst Merit Increase 4211/5 04/16/2010 $6972.19 B. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have\ been request d by department head(s) pursuant to the Rules of the Civil Service Sys em. DEPARTMENT 'NAME CLASSIFICATION ." EFFECTIVE RANGE/STEP FROM/TOI)ATE BASE.IVIO. SALARY - UTL Brandi Bommarito From: Customer Service 05/30/2010 5174/2 Representative II $4058.24 To: Customer Service Representative III C. SEPARATION: The following separations are submitted for informational u oses. DEPARTMENT ; 'NAME ',; CLASSIFICATION ' EFFECTIVE DATE Police Department Terry Henson Police Officer 05/11/2010 Police Department Mathew Hendricks Police Officer 05/01/2010 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. s s CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF�FFINANCE/CFO VIA: F.M. DELACH, CITY MANAGER �{'IIVV✓ NE 21 2010 ll DATE: JUNE N 1 " SUBJECT: BLANKET PURCHASE ORDERS OF $10,000 AND OVER FOR FY 2010-11 RECOMMENDATION It is recommended that in accordance with Sections 2-523 and 2-524, under Article VII, Bidding and Contracting, of the Azusa Municipal Code, Council approve the issuance of Blanket Purchase Orders in an amount of $10,000 or more, detailed on the attached schedule. BACKGROUND Each year at this time, City Council approves Blanket Purchase Orders that are in the amount of$10,000 or more, for the upcoming fiscal year. The purchase orders are good for one year, expiring on June 30, 2011. The amounts listed on the Blanket Purchase Orders are estimates only, and will have no impact the 2010-11 budgets until they are actually used. FISCAL IMPACT Monies for these Blanket Purchase Orders have been budgeted for FY 2010-11 by their respective departments. CITY OF AZUSA BLANKET & CONTRACT PURCHASE ORDERS $10,000.00 OR MORE FISCAL 2010/2011 ANNUAL EST. DIV/DEPT. RECOMMENDED VENDOR: $ 4,000,000.00 Light &Water APS (Arizona Public Service $ 15,000.00 Light &Water AT&T $ 24,999.00 Information Services AT&T Mobility $ 10,000.00 Recreation/Parks Abacus Printing $ 20,000.00 Transportation Access Services Inc. $ 20,000.00 Recreation/Parks Acosta Growers $ 15,000.00 Public Works Advanced Infrastructure Tech. $ 70,000.00 Public Works Air-Ex Air Conditioning $ 128,240.00 Police De t. All City Management Svcs. $ 10,000.00 Light &Water Altec Industries Inc. $ 12,000.00 Police American Mobile Wash $ 300,000.00 Light&Water Anaheim, City of $ 20,000.00 Light&Water AppleOne Employment Services $ 268,000.00 Public Works Athen's Disposal Co. $ 60,000.00 Information Services Ava a $ 10,000.00 Recreation/Parks A.Y. Nursery $ 20,000.00 Facilities B & K Electric Wholesale $ 100,000.00 Light&Water BP Energy $ 150,000.00 Light&Water Badger Meter Inc. $ 35,000.00 Library Baker&Taylor $ 10,000.00 Light&Water Banning. Cit of* $ 10,000.00 Light&Water Barclays Bank PLC. $ 200,000.00 Light& Water Basic Chemical $ 1,200,000.00 Light&Water Berdroia Renewables $ 800,000.00 Citywide Best, Best& Krieger $ 20,000.00 Light & Water Birthinee Electric $ 74,000.00 Information Services Bi-Tech $ 50,000.00 Light &Water Bonneville Power $ 300,000.00 Light&Water Burbank, City of $ 10,000.00 Light&Water Burlington Safety Labs. $ 25,000.00 Information Services CDWG $ 28,000.00 Engineering Calif. Dept. of Transportation $ 100,000.00 Light&Water Calif. Dept. Water Resources $ 6,500,000.00 Light&Water California Independent Systems Operator $ 17,000.00 Economic Dev. California Shopping Cart Return $ 10,000.00 Light& Water Calpine Energy $ 14,000.00 Light& Water Cintas $ 10,000.00 Information Services CivicPlus $ 100,000.00 Light& Water Clearwater Pipeline Inc. $ 90,000.00 Light& Water Civitec Engineering Inc. $ 24,999.00 Light& Water Clinical Lab of San Bernardino $ 11,499.99 Light& Water Coastline Equipment I $ 200,000.00 Light &Water Colbum, Thomas $ 104,820.00 Public Works Comeland Maintenance $ 23,168.00 Light &Water Comeland Maintenance $ 24,999.00 Police Communications Center $ 10,000.00 Human Resources - Community Action EAP $ 10,000.00 Public Works Community Auto Body $ 50,000.00 Light&Water Conoco Phillips $ 50,000.00 Light&Water Constellation Energy Commodies Group $ 10,000.00 Public Works Covina Rents Inc. $ 31,800.00 Information Services DSD $ 10,500.00 Garage Dick's Auto Supply $ 10,000.00 Economic Dev. Dukes Landscaping $ 10,000.00 Public Works Dunn Edwards Corp. $ 87,000.00 Light& Water Dynergy Power Marketing Inc. $ 34,940.00 1 Light& Water E & L Landscape Services $ 90,000.00 1 Citywide Economy Auto Center $ 12,000.00 1 Light& Water Eisel Enter rises $ 60,000.00 Human Resources Employment Development Dept. $ 65,000.00 1 Police Enterprise Fleet Management $ 14,000.00 Light & Water E-Si nal $ 16,000.00 Light &Water First Data Government Solutions LP $ 10,000.00 Transportation Fleet Services Specialists $ 140,000.00 Transportation Foothill Transit Authority $ 30,000.00 Light &Water Foster Corp.. R. C. $ 10,000.00 Public Works Four Srrraffic Marking Supply $ 10,000.00 Light &Water Fulbri ht Jaworski $ 1,000,000.00 Light &Water Garnet Energy Corp. $ 200,000.00 Light &Water General Pump Co., Inc. $ 12,000.00 Public Works Glenn's Refrigeration $ 20,400.00 Information Services Granicus $ 12,000.00 Light &Water Haaker Equipment Co. $ 18,500.00 Information Services HDL Software $ 20,000.00 Streets Hi-way Safety $ 50,000.00 Public Works Holiday Rock $ 65,000.00 Citywide Home Depot $ 10,000.00 Public Works Hose Man $ 24,999.00 Light&Water Hunter Electric $ 15,000.00 Public Works H drex Pest Control $ 15,000.00 Recreation/Parks Hydro Connections $ 1,200,000.00 . Li ht& Water Iberdroia Renewables $ 35,000.00 Human Resources ICA $ 10,000.00 Public Works ICI Dulux Paint Center $ 15,000.00. Public Works Immediate Response $ 295,000.00 Light &Water Infosend $ 10,000.00 Light& Water Inland Desert Security & Communications $ 50,000.00 Light & Water International Flow Technologies Inc. $ 10,000.00 Recreation/Parks Inter Valley Pool Supply $ 15,000.00 Citywide Iron Mountain Storage $ 20,000.00 Human Resources Irwindale Industrial Clinic $ 20,000.00 Light &Water Itron Inc. $ 60,000.00 Recreation/Parks IJ &J Sports&Trophies $ 125,000.00 Human Resources IKLF Consulting $ 3,897,835.00 Police LACO Fire Dept. $ 11,000.00 Police LACO Sheriffs Department $ 30,000.00 Engineering L.A. County Dept. of Public Warks $ 75,000.00 Streets La Works/Human Svc. Consortium $ 96,000.00 Police L.A. County Superior Court $ 28,000.00 Public Works Labor Read $ 50,000.00 Light&Water Lehman Brothers $ 15,000.00 Public Works Lewis Saw& Lawnmower $ 150,000.00 Light&Water Los Angeles Dept. Water Power $ 1,750,000.00 Light&Water Main S.G.V. Watermaster $ 150,000.00 Human Resources Manning & Marder $ 15,000.00 Police Manning & Marder $ 200,928.00 Recreation/Parks Mai osa $ 10,000.00 Public Works Manx Bros. Fire Ext. $ 15,000.00 Information Services Matrix Imaging $ 15,000.00 Light&Water May Tool $ 17,200.00 Police McNeil Alarm Services $ 40,000.00 Economic Dev. Melad &Associates $ 125,000.00 Transportation Metrolink $ 800,000.00 Light& Water Morgan Stanley Capital Corp. $ 105,400.00 Senior Programs Morrison's Food Services $ 15,000.00 Public Works Nixon Egli $ 300,000.00 Light&Water Northern Calif. Power Agency $ 700,000.00 Light&Water NRG Energy $ 18,000.00 Police ' N2Viens $ 14,000.00 Light &Water Ontario Refrigeration $ 11,000.00 Light&Water Open Access Technology International $ 10,000.00 Public Works Pacific Products $ 180,000.00 Light&Water Pasadena, City of $ 30,000.00 Finance PARS $ 15,000.00 Public Works Pat's Tire Service $ 19,999.00 Recreation/Parks Pat's Tire Service $ 20,000.00 Light& Water Performance Meter $ 15,000.00 . Streets Pervo Paint $ 16,000.00 Light& Water Power Settlements Cons. & Software $ 49,999.00 Light& Water Preventive Mobile $ 12,000.00 Recreation/Parks Proforma Quality Printing $ 49,000.00 Light&Water Proforma Quality Printing $ 10,000.00 Public Works Pro Pipe $ 800,000.00 Light&Water Public Service Co. of New Mexico $ 800,000.00 Light&Water Reliant Energy Svcs. $ 400,000.00 Light&Water Riverside, City of $ 99,000.00 Engineering Republic Electric $ 10,000.00 Public Works Roadline Products $ 75,000.00 Light &Water SC Fuels $ 150,000.00 Public Works SC Fuels $ 510,000.00 Light &Water Sager, G.M. $ 2,500,000.00 Light &Water Salt River Project $ 260,880.00 Police San Gabriel , City of $ 150,000.00 Light &Water San Gabriel Basin Water Master $ 60,771.00 Lig It&Water San Gabriel River Water $ 300,000.00 Light&Water San Gabriel Valley Municipal Water Dist. g $ 23,000.00 City Clerk San Gabriel Valley Publishing $ 10,000.00 Public Works Sase Company $ 500,000.00 Light&Water Sem ra Energy Training $ 5,000,000.00 Light&Water Shell Trading $ 15,000.00 Public Works Simplex Grinnel $ 24,000.00 Information Services Sirsi $ 60,000.00 Facilities So. Cal Gas Company $ 70,000.00 Light&Water So. Calif. Edison Company $ 1,800,000.00 Light &Water So. Calif. Edison Company $ 980,000.00 Public Works So. Calif. Edison Company $ 18,000,000.00 Light&Water So. Calif. Public Power Authority $ 350,000.00 Citywide So. Cal Uniform Rental $ 30,000.00 Public Works Southeast Concrete $ 46,000.00 Light&Water Southwest Graphics $ 30,000.00 Streets S ra ues Ready Mix $ 28,000.00 Information Services Sprint $ 10,000.00 Public Works Street Wize $ 50,000.00 Light&Water Structure Group, The $ 100,000.00 Light &Water Summitt Research Labs $ 35,000.00 Light &Water Superior Operating Solutions $ 24,900.00 Transportation Sureteck Inc. $ 60,000.00 Light&Water Systems & Software $ 20,000.00 Public Works TMS Restoration $ 10,000.00 Public Works Tool Team $ 10,000.00 Public Works Traffic Control $ 10,000.00 Recreation/Parks Trugreen Chemlawn $ 15,000.00 Public Works Tucker, J.G. & Son $ 14,000.00 Police Turbo Dat $ 50,000.00 Light&Water UBS AG $ 61,000.00 City Clerk United States Postal Service $ 30,000.00 Light &Water United Pumping Service $ 20,000.00 Public Works United Pumping Service $ 20,000.00 Public Works United Traffic Service $ 1,000,000.00 Light& Water Upper S.G.V. Municipal Water District $ 22,700.00 Police Verizon Wireless $ 30,000.00 Information Services Verizon $ 10,000.00 Public Works Vista Paint $ 25,000.00 Public Works Voyager $ 20,000.00 Public Works Vulcan/Cal-Mat $ 50,000.00 Light&Water Vulcan/Cal-Mat $ 470,810.00 Police Wackenhut Corp. $ 100,000.00 Human Resources Warren &Assoc. $ 183,000.00 Light& Water West Coast Arborists $ 350,000.00 Recreation/Parks West Coast Arborists $ 30,000.00 Light&Water Westeriv Meter Service Co. $ 45,000.00 Light&Water Western Area Power Admin. $ 300,000.00 Light&Water Western Water Works $ 10,000.00 Economic Dev. Willdan &Associates $ 25,000.00 Ci de Y Tire Sales $ 10,000.00 Facilities Zumar Industries REDEVELOPMENT AGENCY BLANKETS $10,000 AND OVER $ 400,000.00 Redev. Best, Best& Krieger V. i . CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: NANCY JOHNSON, LIBRARY DIRECTOR VIA: F.M. DELACH CITY MANAGERA9 I �� DATE: JUNE 21, 2010 SUBJECT: APPROVAL OF NEW AND REVISED POLICIES FOR AZUSA CITY LIBRARY RECOMMENDATION It is recommended that the City Council approve the six attached library policies: Materials_Selection Policy; Patron Conduct Policy; Internet Use Policy; Meeting Room Policy, Wheelehan Auditorium; Friends of the Library Policy; Display Policy. BACKGROUND The attached policies are the beginning of an up-date of Azusa City Library's policy notebook. The old Materials Selection Policy has been re-written for nomenclature and now includes electronic databases; however, the basic tenets of the policy have not changed. The Internet Use .Policy was re-written to incorporate a separate policy pertaining to WiFi. Some provisions of the Meeting Room Policy were changed to provide better access for library programs and prevent dominant use by a few groups. The Patron Conduct Policy was expanded from an earlier version which does not appear to have been approved by the City Council. The Friends of the Library Policy and the Display Policy are new policies, based on existing conditions and best practices. The policies were developed and revised with staff in-put and were reviewed and accepted by the Azusa City Library Commission. In addition, The Friends of the Library Policy was reviewed by the Friends of the Library. f Y ATTACHMENTS Materials Selection Policy Patron Conduct Policy Internet Use Policy Meeting Room Policy, Wheelehan Auditorium Friends of the Library Policy; Display Policy FISCAL IMPACT There is no fiscal impact. Azusa City Library Materials Selection Policy Statement of Purpose This policy is adopted by the Azusa City Council to establish policies governing the acquisition and retention of print and non-print library materials made available to the public at the Azusa City Library. Selection Policy and Practice: A Summary Statement . Azusa City Library provides area residents with access to a broad collection of materials in a variety of formats that record knowledge, ideas and culture and provides encouragement and guidance in their use. Each year, as tremendous number of books, audio-visual materials and digital resources are published. It is the responsibility of the Library Director to select, within budget limitations, those items that best serve the needs of Azusa residents. The Library Director, with the help and consultation of library staff, will oversee the selection, acquisition, and maintenance of the Azusa City Library collection according to the guidelines contained in this policy. This policy includes the acquisition of materials by purchase as well as through donation to the library, governs the process whereby the public can request reconsideration of items in the collection and the process by which obsolete, worn, damaged, and un-used materials are removed from the collection. Library Collection Goals • To assemble, organize, preserve and administer a diverse collection of books and other materials. • To provide full and impartial access to these materials to all residents without regard to age, sex, ethnic origin or religion. • To identify and respond to the information needs of the Azusa community. • To encourage independent and life-long learning by promoting the use of library resources. • To support the Library Bill of Rights and Freedom to Read statements endorsed by the Azusa City Council, the Azusa City Library Commission and the American Library Association. 1 i Criteria for the Selection of Materials The Azusa City Library affirms the public's right to read what they choose as a freedom essential to democracy and will provide materials representing various points of view concerning the problems and issues of our times. Material dealing with controversial views or subjects is judged on the basis of the entire work and not on isolated passages or sections. Race or nationality.or the political and social views of the author are not a factor affecting the evaluation of material. The following criteria are used to evaluate materials for inclusion in the library's collection: • Accuracy of information • Quality of treatment • Merit, awards, or critical acclaim • Popular appeal or demand • Community needs • Timeliness or permanent value • Existing library holdings • Readability or literary style • Social significance • Reputation of author or publisher • Cost • Physical durability, attractiveness, and other format considerations • Inclusion in standard bibliographies or indexes • Existence of authorative, published reviews Interlibrary Loan and Resource Sharing Azusa City Library recognizes that it cannot provide all materials that are requested. When selecting materials for inclusion in the collection, the Library also considers the availability of resources in other libraries. The Azusa City Library recognizes its obligation to provide general reference to the public, but it is not its purpose to function as a research library. To strengthen its services and resources, Azusa City Library actively participates in reciprocal resource sharing with other libraries via OCLC (Interlibrary Loan), the Southern California Library Consortium (SCLC), and patron universal borrowing at public libraries throughout the Sate of California. 2 Access to Library Materials Library materials will not be marked or identified to show approval or disapproval of their contents and no library materials will be sequestered except to protect them from damage or theft. The selection of library materials will not be inhibited by the possibility that materials may come into the possession of children. Parents or legal guardians are exclusively responsible for the materials selections of their children. Responsibility for Materials Selection Decisions The ultimate responsibility for selection of library materials rests with the Library Director who operates within the framework of policies determined by the Azusa City Council. The Director has the prerogative to delegate to library staff the responsibility of selection and maintenance of library materials. Because the Director must be available to answer to the Library Commission, the City Council and the general public for actual selections made, he or she has the authority to reject or select any item contrary to the recommendations of the staff. No purchased or donated item may be added to the library collection without the prior approval of the Director. Gifts and Donations Azusa City Library welcomes gifts of library materials from the public. The decision to add gift materials to the collection will be handled in the same manner as if the items were purchased: • Staff will evaluate the materials according to the selection criteria identified above. • No items will be added to the collection without the approval of the Library Director. The Library may not add all donated material to the collection. Gift materials not added may be disposed of as the Director sees fit, including, but not limited to donation to Friends of the Library groups to be sold, with the resulting revenues used to support library programs, collections, and services. Library staff will, upon request, provide to the donor a statement of the number and type of materials donated for tax purposes. Library staff will not appraise the value of donated materials. 3 Memorial Books Memorial gifts of books or money are accepted, with a suitable bookplate placed in the book. These additions to the collection are subject to the same criteria as other materials. Due to the dynamics of the publishing industry and because staff time is limited, specific titles cannot be ordered for memorials. However, the library will do its best to honor specific subject area requests for memorial books. If no subject is specified, the Library Director will select the material. Potential donors of memorial items are encouraged to consult with the Library Director. Patron Comments Regarding the Library Collection Patron comments regarding the library collection are welcome at any time. Suggestions for items to be added to the library collection, either specific titles or subject areas, should be provided in writing to library personnel. The library staff will apply the same criteria to a suggested item as it applies to any other item under consideration. If the staff concurs that the item conforms to the selection criteria and is, therefore, appropriate for the collection, the request will be sent to the Library Director for approval. The person recommending the book will be notified when the book is received. Customer complaints about the collection—either an-item that has not been purchased that the customer feels is appropriate, or about an item that has been added to the collection—are also welcome and should be submitted in writing using the Request for Reconsideration of Library Materials form, which is available at all library public service desks. The Library Director shall review all such requests and prepare a written response. Complaints that do not result in a written request will be logged by staff and brought to the attention of the Library Director. Weeding and Disposal of Library Materials The on-going process of removing obsolete, unused, or damaged materials is essential to maintaining an up-to-date, attractive, and useful collection that is responsive to the needs of Azusa residents. Library staff will remove such weeded material from the library collection with the written permission of the Library Director. The following materials will be considered for weeding: • Materials containing outdated information • Materials, such as almanacs, encyclopedias, and statistical information, that have been superseded by a new edition, unless the earlier edition is still useful as a circulating item 4 i • Bibliographies and reading guides listing books that are dated or obsolete • Books with out-moded or inaccurate illustrations • Highly specialized books with no potential readership • Books that have not circulated or been used in a reasonable period of time. (This period of time will vary for different types of materials.) • Unneeded duplicate copies • Worn or damaged items In most cases, the Library, staff will offer items weeded from the collection to authorized friends of the library groups to be sold to the public, with revenues accruing to the friends group for the benefit of the Library. Library staff may also offer weeded items to the following groups: • Local governments and agencies, including school districts • State institutions • Non-profit organizations • Recycling centers Weeded items not taken by any of these groups will be discarded by the library staff, with the approval of the Library Director. Distribution of Religious and Political Material in the Library The Azusa City Library will not distribute to the public unsolicited literature with religious or political content. Pamphlets and current issues of religious periodicals may be accepted as gifts in order that information on the beliefs and teachings of a wide range of faiths and sects may be readily available to the public, and shelved in an area designated by library personnel. Such gifts should not be displayed 3 in commercial cases provided by donors. Gifts of religious or political materials that are regarded as ephemeral may be shelved together in an area labeled "Gifts'. Only current issues of such items will be retained. 5 f Azusa City Library Patron Conduct Policy Policy Statement The Azusa City Library is committed to providing a comfortable and orderly environment conducive to reading, studying, and partaking of library programs and services. The Patron Conduct Policy applies to the interior and exterior of the library building. These rules apply to all persons entering the library building and its grounds. Prohibited Behaviors • Verbally or physically threatening or harassing patrons, volunteers, or staff. Such behavior includes, but is not limited to stalking; staring; offensive touching; and obscene acts such as sex acts and indecent exposure. • Shouting, singing, using foul or insulting language; playing audio equipment at a volume others can hear, cell phone use which is distracting to others. • Fighting or challenging to fight; running; pushing; throwing objects. • Stealing, damaging, altering, or other inappropriate use of library materials and other property, including computer hardware and software, printers, (See Azusa City Library Internet Use Policy) copiers, phones and other equipment. • Interfering with the use of the library by other persons or with the staff's performance of its duties. • Being under the influence of alcohol or illegal drugs or selling, using, or possessing alcohol or illegal drugs. • Carrying weapons of any type, except by law enforcement officers and authorized security personnel. • Smoking and other use of tobacco products is not permitted inside the library or within 25 feet of an entrance. • Eating or drinking in the library, with the exception of non-alcoholic beverages in a bottle with a secure top. • Littering. • Solicitation, signature gathering, selling, and panhandling. • Gambling and group activities which are disruptive to the library environment. 1 • Unreasonable use of the restrooms, including laundering, bathing and shaving. • Leaving children under age seven unsupervised in the library. Parents or guardians are responsible for the behavior of their children while in the library. • Entering the library with animals other than service animals authorized by law, except as authorized by the Library Director. • Operating skateboards, skates, roller shoes, scooters, shopping carts, or similar devices. These restrictions do not apply to ADA assistive devices or baby strollers. • Lying on the floor or sleeping, placing feet on furniture. • Entering the library with large boxes, luggage, or other extraneous items. • Blocking aisles, entrances or exits. • Being in the library barefoot, without a shirt, or with offensive body odor. • Leaving packages, backpacks, or any other personal items unattended. Such items are subject to immediate confiscation. • Trespassing in non-public areas; being in the library before or after library hours without the permission of an authorized library employee; camping on library grounds. • Refusal to follow reasonable direction from library staff, including, but not limited to, refusal to leave the library during normal closing procedures or during an emergency evacuation. • Engaging in any activity which is in violation of federal, state, local or other applicable law. Enforcement Enforcement of this conduct policy will be handled on a case-by-case basis. Library staff will take appropriate action to stop prohibited activities and behaviors. Such action may include removal or banishment from the library or in arrest and prosecution. Violations of the policy could also result in the restriction and/or termination of library privileges including the use of the library's public access computers and other equipment. 2 Azusa City Library Internet and Computer Use Policy Adopted by the Azusa City Council [date] Purpose: To clarify the use of public Internet resources at Azusa Cify Library. Policy: The Azusa City Library provides area residents with access to a broad collection of materials in a variety of formats that record knowledge, ideas and culture and provides encouragement and guidance in their use. Within this context, the Azusa City Library offers Internet access to members of the public. The Internet is a global resource. Resources on the Internet supplement and compliment the collection and other resources available at Azusa City Library. Azusa City Library does not monitor and has no control over the information accessed through the Internet. The Internet may contain material of a controversial nature. Users should note that not all Internet sources provide accurate, complete, or current information. Internet stations in the Youth Services area of the Library are filtered to prevent materials deemed by law to be harmful to a minor in compliance with the Children's Internet Protection Act. Approval must be provided by a parent or guardian before a youth under 18 years of age is allowed to use an Internet computer. Unless accompanied by a parent or legal guardian, an Internet user less than 18 years old will be restricted to the filtered Internet stations in the Youth Services area of the library. Parents and guardians, and not the library staff, are entirely responsible for the Internet information accessed by their children. Internet stations in the adult area of the library are unfiltered. However, the display of visual materials that are sexually explicit in nature or depict graphic violence is prohibited. Because the Library is a public place shared by people of all ages, library staff reserves the authority to end an Internet session when such materials are displayed on the screen. All patrons, youth and adult, are expected to adhere to all rules governing the use of the Internet, including the duration and frequency of sessions. Computer users may run only programs installed by the Library. Users may not store personal files on any of the library's computers. Users may not load or use personal software or CD-ROMS on Library computers. 1 As is the case with any electronic media system provided by the City of Azusa, Library users should not have an expectation of privacy when using any electronic media. Users may not use Library computers for illegal or criminal purposes including violation of any local, state, or federal law, including violation of U.S. Copyright Law (Title 17, U.S. Code), which prohibits the unauthorized reproduction of copyrighted materials, except as permitted by the principles of"fair use'. Users are also prohibited from seeking access to unauthorized areas or activities that are intended to disrupt other network users, services, or staff performance of their normal duties. This Internet and Computer Use Policy also applies to Wi-Fi (Public Wireless Network Access) access through a personal lap-top computer. This Wi-Fi service is provided to the public free of charge and on an "as is" basis, with no guarantee or warranty. Information passing through the Library's wireless access is not secured and could be monitored, captured or altered by others. Library staff is not able to provide technical assistance and assumes no responsibility for laptop configurations, security, or changes to data files resulting from connection to the Library's network, nor for the safety or performance of Wi-Fi users' personal equipment. In using this free Internet access,the user agrees and hereby releases, indemnifies, and holds harmless the Azusa City Library and its employees from any damage that may result from use of this wireless access. Computer users willfully violating this Internet and Computer Use Policy will be subject to loss of computer privileges. 2 Azusa City Library Meeting Room Policy - Wheelehan Auditorium It is the policy of the Azusa City Library to allow public, private and non-profit organizations use of the Wheelehan Auditorium for purposes that enhance the Library's educational, cultural and civic mission. Priority of Room Use The use of library meeting spaces by public and private groups is subordinate to the operating requirements of the City of Azusa and, will be permitted only when not in conflict with library sponsored activities, including friends of the library support groups. All reservations are on a first-come, first-served basis. Permission to use the facility in no way implies endorsement of the meetings or activities conducted in this facility, except when the event is sponsored by the library. Categories of Room Use No fee shall be charged to Azusa-based non-profit organizations or government entities. Non-profit groups which are not Azusa based will pay the non-profit rate, with a three hour minimum. A non-profit organization is one which is an incorporated organization,which exists for educational or charitable reasons. An Azusa based non-profit organization is a group with an official address within the City of Azusa. All other groups are considered private and will be charged the private rental rate with a three hour minimum. Guidelines for Room Use 1. An application must be filed as least two weeks prior to the date of the event. All fees are to be paid at the time the application is submitted. First time non-profit organizations and government entity applicants must provide their tax ID number or written information about their organization, such as a statement of purpose on letterhead stationery, sample publications, etc. to determine fee status. 2. The use of library meetings rooms will be granted in order of receipt of applications and is non-transferable. Reservations are not confirmed until the application has been signed by the Library Director or the Library Director's designee. 1 s 3. Due to demand by community groups and library sponsored programs, organizations requiring guaranteed regular time slots cannot be accommodated. Reservations are taken up to three months in advance, with a maximum of two reservations per month. 4. Facilities are available only during open hours and all functions are expected to end no later than one half hour before the library closes. 5. Cancelations must be made at least one week in advance of the event to receive a full refund. Users making cancelations within one week of the event will be assessed a cancellation fee of 50%. 6. Organizations using the meeting room agree to assume full liability and responsibility for damage to persons, equipment, or property. Un- restituted damage or unruly behavior by the group may result in denial of future use of the facility. 7. The serving of alcohol must be approved by the City of Azusa and the Alcoholic Beverage Control Office at least thirty (30) days prior to the function date. 8. Groups or organizations which involve minors are expected to provide adequate adult supervision. 9. Groups may provide and serve light refreshments. 10. No smoking is permitted in the Wheelehan Auditorium, the Library or within twenty-five feet of the building. Groups are Responsible for Set-Up and Break-Down Each group will be responsible for set-up, take down and clean-up. Users need to allow enough time within their reservation period to accomplish these tasks. Meeting rooms are to be returned to their original condition and configuration. Groups are expected to conclude their meeting and accomplish all clean up half an hour before the library closes. Equipment supplies or personal effects cannot be stored or left in the Auditorium before or after use. Denial of an organization's meeting room privileges will be enforced if there is abuse of these policies and procedures. 2 i Azusa City Library Friends of the Library Policy The following policy has been reviewed by the Azusa Library Commission and City of Azusa Administration to provide a policy framework for smooth interaction of the staff at the Azusa City Library and friends of the library groups. Friends of the Library Policy: A Summary Statement Friends of the library groups are established by citizens to support the activities and services of the Azusa City Library. Friends groups typically engage in activities designed to generate funding and other forms of support for the library and its programs. Activities of the Friends of the Library Common and appropriate tasks for a friends of the library group include the following: • Fundraising to generate monetary support for library programs and services • Creation of publicity to promote library programs and services • Encouraging and organizing volunteers to work in the library • Conducting membership drives to build members and raise funding • Conducting volunteer appreciation activities • Advocating greater support for the library • Communicating information to members and the community via meetings and newsletters. Fundraising Activities Fundraising Activities will typically include one or more of the following appropriate activities: • Maintaining an on-going book sale • Holding special book sales • Collecting member dues • Seeking outside funding through grants or private donations • Urging individual contributions • Creating and selling items that also promote library services • Holding special library-oriented fund-raising events 1 i Obligation to Expend Funds Friends of the library groups are obligated to expend funds raised on behalf of the library on library-related activities. While a friends of the library group has the authority to determine specific expenditures, the City of Azusa also expects that friends groups will expend funds in a timely fashion and not maintain unusually large balances of unspent funds. An exception to this policy would be retention of funds for contribution to a planned capital improvement project. Use of Withdrawn Library Material The Azusa City Library may provide the friends of the library groups with materials that are removed from the Library's collection when they are deemed by library staff to be no longer useful or appropriate to the collection because of age, condition, or lack of use. These library materials may be sold by the Friends, provided that they are clearly marked as withdrawn and provided that funds raised from the sale of these materials will be used for purposes that support library programs and services. Appropriate Uses of Funds Friends of the library funds should be used to purchase and support activities that are not a part of the on-going operation or core services of the library. Friends' funds should be used to expand, enhance, or leverage existing funding and never as a replacement for local funding. Appropriate use of friends of the library funds include the following: • Purchase of library materials, both print and non-print • Support for special library programs such as cultural events, author readings, and celebrations • Refreshments for library programs • Summer reading program materials and programs • Volunteer recruitment and maintenance • Volunteer recognition events • Furid raising campaigns • Printing and mailing promotional material for the Library • Membership recruitment and maintenance • Furniture and equipment, as requested by the Director of Library Services Inappropriate Use of Funds The City of Azusa discourages friends of the library groups from using funds for the following: • Paid library staffing 2 • Extending hours of operation • Furniture and equipment purchases without the prior approval of the Director of Library Services • Materials and supplies required for the basic operation of the Library • Funding programs or organizations or activities exterior to the Library The Role of Library Staff in Relation to Activities of Friends of the Library ' Approved forms of library support- The City of Azusa's expectation is that friends of the library groups are established to support library staff and operations. Library staff is not available to assist in the operation of friends of the library programs. Library staff is permitted to support the friends of the library in the following specific ways, provided that it is the judgment of the library management that staff is available to assist in these ways: • Attend friends of the library board and membership meetings to report on library activities • Submit requests for funds to the board of the friends of the library • Attend and participate in friends-sponsored library programs • In specific situations, accept receipts (such as for donations and the sale of books) at public service desks Unapproved forms of library staff support- Library staff are not allowed to perform the following functions on behalf of or in support of the friends of the library on work time: • Maintain financial or membership records • File tax returns e Conduct membership drives • Assist with preparation for programs (with the exception of library programs supported by the friends) • Staff or manage the operations of a friends' book store or book sale • Serve as an officer on a friends of the library board Relationship of friends of the library groups to the operation of the Azusa City Library Friends of the library groups are citizen groups formed with the intention of providing support for the library and its functions. While their support is greatly appreciated by the city, friends of the library groups have no official relationship to the operation, management and administration of the Library. Friends of the library groups have no formal governance or advisory role with the Azusa City Library. Although the city welcomes and values any statements regarding the library provided to either library staff or city officials, friends groups do not 3 determine library policy and cannot be construed to speak on behalf of the City or in lieu of Library staff regarding any matter. Space for Friends of the Library Operations Space will be made available, but not guaranteed, for friends of the library sales and activities by the Director of Library Services. It is understood that the space allocated to friends of the library groups may change over time, as library services, programs, and physical spaces available evolve. Friends of the library groups are responsible for keeping designated spaces neat and uncluttered. Signage The Friends of the Library must have approval of the library staff before placing signage for Friends activities and functions within the library. 4 Azusa City Library Display Policy Policy: It is the policy of the Azusa City Library to make public forums available to the community for purposes that enhance the Library's educational, cultural and civic mission. While the Library would like to accommodate all requests, space limitations make this unrealistic. The term Display includes handouts, flyers, posters, and exhibit items. The Library does not advocate or endorse the viewpoints of exhibits or exhibitors. Subjects/Co ntents Displays are for information about civic, cultural, educational and recreational programs of likely interest to the local community and may include: • Presentation of books, visual arts, crafts, paintings, drawings, sculpture, and a variety of different media • Promotion of interest in the use of books and other library resources. • Information about community affairs, organizations, services and activities. Civic groups, service clubs, organizations, and governmental units promoting free or normal charge events are typical sponsors of these activities. No political candidate or proposition materials, commercial promotions or private events, such as yard sales, or "services provided" are eligible for display. Size and Location The Library reserves the right to refuse display materials that are awkward to display or take up disproportionate space. Displays are allowed only in designated areas: generally, display racks, counter, or designated shelves in the lobby area of the library. Other areas, such as service desks, study tables, walls, windows, doors and shelving end panels are reserved for the Library's own displays. Library displays shall have priority of use of available space. Requirements for Posting/Distributing Items 1. Handouts, flyers, and posters are to be displayed no more than one month prior to the event and will be placed in the appropriate public location by Library staff. 1 2. All items must identify the group or person responsible for distribution and provide a contact address or phone number. 3. Items may remain posted or be distributed for a period of 60 days. Posters, flyers, and pamphlets may be discarded by the Library staff after 60 days. The Library will relocate, rearrange, and remove materials as it chooses. 4. The Library does not store materials. 5. Active distribution, in which a person on site hands out materials, canvasses, solicits, or petitions, is not allowed in the Library. 6. Items to be posted/distributed must not be in violation of any federal, state or local laws. Requirements for Loaned Exhibit Items 1. Oral or written requests must be submitted to the Library Director for approval. Requests are processed on a first-come/first-served basis, with scheduling preference given to Azusa organizations and exhibitors who have not previously presented an exhibit. 2. Upon request, the Library will issue a receipt for display items loaned to the library. Library staff will give the original receipt to the lender or exhibitor and retain a copy for the Library. When items are returned to their owner, on or before the agreed upon pick-up date, the owner shall sign and date the original receipt, noting that all materials have been returned. 3. Neither the Library nor the City assumes responsibility for materials, equipment or any other article left in the library by the organization, group or individual and will not be liable for loss, theft or damage. 4. The exhibitor is responsible for the installation and dismantling of the exhibit as scheduled. If the Library must dismantle an exhibit because it is not removed as scheduled, the library is not responsible for any damages. 5. If the items are not picked up at the agreed time, the Library will attempt to contact the owner twice in writing within 60 days. If the owner does not respond within sixty days, the items will become property of the Library, to dispose of as it sees fit. In doing so, the Library will follow the City of Azusa's established practices for disposal of surplus property. 2 OF . r C'9<'JfiOR�'�P AGENDAITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER I DATE: JUNE 21, 2101 SUBJECT: A TWOS YEAR EXTENSION OF THE EXPIRATION DATE FOR THE APPROVED DESIGN REVIEW DR 2007-43 FOR THE 700 BLOCK OF DALTON AVENUE. APPLICANT: CITY OF AZUSA REDEVELOPMENT AGENCY RECOMMENDATION 1 Staff recommends that the City Council waive further reading and adopt the Resolution approving a two-year extension of time for Design Review DR 2007-43. BACKGROUND On April 7, 2008, the City Council approved a project for the 700 block of Dalton Avenue in the DCC (Downtown Civic Center) zone. The project included Vesting Tentative Tract Map VTTM 069751 for mixed-use condominium/retail and townhome purposes and Design Review DR 2007-43 to construct a 73- unit residential mixed-use project,which included 57 stacked,condominium flats over 9,000 square feet of retail, 164 parking spaces located within a wrapped parking garage, and 16 townhome units,. This approval also included a General Plan Amendment and a Zoning Code Amendment. The City of Azusa Redevelopment Agency was the applicant for this project, with the understanding that an independent developer would be found to complete the project. However,since the current economic climate makes it difficult for developers to obtain financing for this type of project; the entitlements have not yet been exercised. Condition of Approval A6 (Planning Division) states: "The Vesting Tentative Tract Map and Design Review approval shall be exercised within two years after its approval,or said permits shall expire and be subject to revocation,unless an extension of time is-approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed"exercised"until the applicant has obtained a building permit." Therefore, since building permits have not been obtained for this project,the Vesting Tentative Tract Map and the Design Review were slated to expire on April 7, 2010. California State Government Code 66452.21 extended the expiration date of any vesting tentative tract map that would expire before January 1, 2011, by twelve months, thereby extending the expiration date of C:\DOCUME--I\cseffer,L.00ALS—I\Temp\XPgrpwise\6-21-10 CC staff report.DOC 1 Vesting Tentative Tract Map VTTM 069751 from April 7,2010 to April 7,2011. However,the expiration date of the Design Review remains April 7, 2010. On March 24,2010, the Planning Commission recommended that the City Council extend the expiration date of Design Review DR 2007-43 for 2 additional years, until April 7, 2012, so it will remain viable along with Vesting Tentative Tract Map VTTM 069751. DISCUSSION Pursuant to Development Code Section 88.52.040.C, in order to approve the request for an additional extension of time for the entitlements, the City Council must make the following Findings of Fact. 1. The proposed extension is consistent with the General Plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered. The proposed Design Review extension of time is being requested for the originally approved project, without any changes. The original project is consistent with Gerieral Plan Chapter 3, Goal 1: "Provide for a complete and integrated mix of residential, commercial, industrial, recreational, public and open space meeting the needs of existing and future residents and businesses",and with General Plan Chapter 3,Goal 3 "Azusa's corridors(Azusa Avenue, San Gabriel Avenue, Foothill Boulevard and Arrow Highway) will be transformed into well- planned transit corridors, providing some retail and commercial opportunities in mixed-use settings, providing opportunities for new homes and connecting all the neighborhoods and Districts." Therefore, the extension of time for the unchanged Design Review would also be consistent with the General Plan. In addition,allowing the project extra time to obtain funding would help to ensure the completion of the project which is consistent with General Plan Chapter 3,Policy 4.1 to,"encourage the revitalization of the four districts each with its special or unique focus, identity and mix of uses." 2. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the proposed extension would not endanger, jeopardize or otherwise constitute a hazard to the public health,safety,or general welfare,or be injurious to the property or improvements in the vicinity and applicable zoning district. The original project was reviewed by the various City Departments. At that time,Conditions of Approval were attached to the proposed project to ensure that adequate provisions for public services and utilities were in place. These Conditions of Approval are still a component of the project and will be enforced prior to the issuance of Building Permits and Occupancy Permits. In addition, the site of the proposed project is adequately enclosed by temporary construction fencing. This ensures that the approval of an additional extension of time for the project will not endanger,jeopardize or otherwise constitute a hazard to the public health,safety,or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. FISCAL IMPACT There is no fiscal impact associated with this item. ATTACHMENTS A—4/7/2008 Conditions of Approval B —Draft Resolution f I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A TWO-YEAR TIME EXTENSION FOR DESIGN REVIEW DR 2007-43 FOR THE 700 BLOCK OF DALTON AVENUE, AZUSA, CALIFORNIA WHEREAS, the City Council of the City of Azusa, approved Design Review DR-2007-43 for the Dalton Avenue Project on April 7, 2008 for two years or until April 7, 2010; and WHEREAS, pursuant to Municipal Code Section 88.52.040.C, the review authority may extend the time for an approved permit to be exercised; and WHEREAS, on; ,,March 24, 2010, the Planning Commission recommended that the City Council extend the Design Review expiration date from April 7, 2010 to April 7, 2012; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: In accordance with City of Azusa Municipal Code Section .52.040.C.2, the City Council does hereby approve the two-year time extension of Design Review DR 2007-43, based on the following Findings of Fact. 1. The proposed extension is consistent with the General Plan, and any applicable specific plan; and the overall project remains consistent with those plans as they exist at the time the extension request is being considered. The proposed Design Review extension of time is being requested for the originally approved project, without any changes. The original project is consistent with General Plan Chapter 3, Goal 1: "Provide for a complete and integrated mix of residential, commercial, industrial, recreational, public and open space meeting the needs of existing and future residents and businesses", and with General Plan Chapter 3, Goal 3 "Azusa's corridors (Azusa Avenue, San Gabriel Avenue, Foothill Boulevard and Arrow Highway) will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings, providing opportunities for new homes and connecting all the neighborhoods and Districts." Therefore, the extension of time for the unchanged Design Review would also be consistent with the General Plan. In addition, allowing the project extra time to obtain funding would help to ensure the completion of the project, which is consistent with General Plan Chapter 3, Policy 4.1 to "encourage the revitalization of the four districts each with its special or unique focus, identity and mix of uses." 2. There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the proposed extension would not 4 i endanger,jeopardize or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. The original project was reviewed by the various City Departments. At that time, Conditions of Approval were attached to the proposed project to ensure that adequate provisions for public services and utilities were in place. These Conditions of Approval are still a component of the project and will be enforced prior to the issuance of Building Permits and Occupancy Permits. In addition, the site of the proposed project is adequately enclosed by temporary construction fencing. This ensures that the approval of an additional extension of time for the project will not endanger,jeopardize or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district. Section 2: This Resolution shall take effect immediately upon its adoption. Section 3: The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED AND ADOPTED this 21" day of June, 2010. Mayor I'HEREBY CERTIFY that the forgoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 2151 day of June, 2010 AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS City Clerk ATTACHMENT A aj ,�) , Ity Council Conditions of Approval - April 7, 2008 Case No: VTTM 69751, DR-2007-43, ZCA-226, Z-2007-1, GPA 2007- 01 Address: Block of 700 N. Dalton Avenue (East side. of Dalton Avenue bounded by Foothill Boulevard to the south and the rail right-of-way to the north, excluding the Senior Center building) A.P.N.: Map Book 8608, Page 028, Parcels: 901, 903, 904, 905, and 908 Map Book 8608, Page 029, Parcels: 909, 908, 907, 906, 904, 903, 901, 900 and 003 Project: Four story mixed use building with 57 units over 9,000 square feet of retail and an approximate 57,000 square foot parking structure. Five two- and three-story townhome structures with a total of 16 units. Narrowing and realignment of Dalton Avenue. These conditions of approval shall be printed on or attached to working drawings submitted to the Building Division for approval. A. All requirements of the Planning Division shall be met, including but not limited to the following: A 1. Within one calendar year of receipt of the Certificate of Occupancy for the mixed-use component, Tract 069751 Lot 2 (a rectangular shaped lot located south of the Senior Center) shall be deeded to the City of Azusa. Within one calendar year of receipt of the Certificate of Occupancy for the townhome component, Tract 069751 Lot 3 (a rectangular shaped lot located west of the Senior Center) shall be deeded to the City of Azusa. A 2. Initiation of the townhomes' construction including the demolition of the Senior Center parking lot on Lot 4 shall not occur until the Senior Center's parking spaces have been replaced to the satisfaction of the Planning Commission. A 3. The developer shall submit wall and fence design and construction plans for review and approval by the City of Azusa Economic and Community Development Director prior to construction. A 4. The developer shall submit a Master Sign Plan for review and approval by the Economic and Community Development Director within 120 days after issuance of Building Permits. The Sign Plan shall include design guidelines that encourage a diversity of sign styles in order to maintain the look of a distinctive and historic downtown district. A 5. The developer shall submit lighting plans for review and approval to the City of Azusa Economic and Community Development Director prior to construction. Report to the City Council ' Exhibit A—Conditions of Approval April 7,2008 Page 2 of 19 A 6. The Vesting Tentative Tract Maps and Design Review approval shall be exercised within two years after its approval, or said permits shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed "exercised" until the developer has obtained a building permit. A 7. All applicable Building Division and Fire Department requirements shall be met at all times. A 8. All construction and uses shall be in substantial conformance with the approved plans and elevations as modified pursuant to the conditions listed herein. A 9. The developer, owner, or successor in interest shall agree not to protest the formation of a parking assessment district for the construction and/or maintenance of "Park Once" shared parking facilities serving the Downtown District. This condition requires that the developer, owner, or successor in interest not publicly oppose and/or campaign against the formation of a parking assessment district. It does not waive developer, owner, or successor in interest's right to vote against the formation of a parking assessment district or otherwise oppose aspects, provisions and/or measures related to the parking assessment district. A 10. The developer, owner, or successor in interest shall agree not to protest the formation of a business improvement district for the Downtown District to fund improvements such as sidewalk maintenance, security, and marketing for downtown businesses. This condition requires that developer, owner, or successor in interest not publicly oppose and/or campaign against the formation of a business improvement district. It does not waive developer, owner, or successor in interest's right to vote against the formation of a business improvement district or otherwise oppose aspects, provisions and/or measures related to the business improvement district. A 11, Covenants, Conditions, and Restrictions (CC&R's) for the residential condominiums shall be submitted to and approved by the Planning Division prior to the approval of the Final Map, The CC&R's shall contain restrictions governing the use and maintenance of exterior areas of the residential units, including the balcony/patio areas. A 12. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. A 13. The project contractors shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. A 14. The construction contractors shall locate equipment staging in areas that will Create the greatest distance between construction-related noise sources and noise-sensitive receptors (existing condominiums and hotel) nearest the project site and during all project construction. A 15. The construction contractors shall limit all construction related activities to between the hours of 7:00 a.m. and sunset, Monday through Friday, and 8:00 a.m. and sunset on Saturday. No construction shall be permitted Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 3 of 19 outside of these hours on Sundays and on City recognized holidays. A 16. Maximum construction noise shall be limited to 85 dBA at 100 feet from any construction equipment. A 17. Mechanical ventilation systems, such as air-conditioning, would be required for all dwelling units proposed along the project's northern boundary along the railroad tracks. A 18. Air-conditioning is required for all frontline dwelling units proposed along Foothill Boulevard and Dalton Avenue. A 19. Windows with a minimum STC-32 rating are recommended for bedroom windows associated with dwelling units along Foothill Boulevard and at the Dalton/Foothill intersection that are directly exposed to traffic noise. A 20. Air-conditioning is recommended for all frontline retail/commercial use along Foothill Boulevard and Dalton Avenue. A 21. No exterior activities such as trash disposal, outdoor entertainment, deliveries or other maintenance activity generating noise which exceeds the City's noise ordinance shall occur during the period from 2:00 a.m. to 7:00 a.m. A 22. Landscaping shall be adequately maintained at all times including, but not limited to, irrigation, weeding, and/or replacement when necessary. A 23. The developer shall submit three sets of Landscape and Irrigation plans to the Planning Division for review and approval. Said plans shall be 24" by 36" and in compliance with City of Azusa landscape design standards. Location and percentage of landscaping, plant material and quantities of each, plant and planter box sizes, and design of an automatic irrigation system with detailed cross-sections shall be clearly indicated. Plans must be submitted directly to the Planning Division. The developer is made aware that the Parks Division will be routed two sets of plans. A 24. The premises shall be maintained in a clean and acceptable condition at all times. All buildings and walls shall be maintained in good repair at all times. Any offensive markings shall be removed immediately. Any graffiti shall be painted over within forty-eight (48) hours to match existing wall in color and tone. A 25. All trash enclosures(s) shall be maintained in good and operating repair at all times. The storage of any and all trash other than the trash storage area or higher than the screened walls around said storage area is prohibited. Dumpster(s) are to remain in enclosure(s) at all times, except when being serviced by the disposal company. A 26. Developer shall provide and maintain litter receptacles in at least.two locations outside of the businesses and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. A 27. Outside storage of any and all materials, goods, etc., is absolutely prohibited. Said prohibition against outside storage does not apply to outdoors sales or displays authorized by a minor use permit. • Report to the City Council • Exhibit A—Conditions of Approval April 7,2008 Page 4 of 19 A28. All illuminated sign and parking lot lighting shall .be located, aimed and/or shielded to prevent lights from shining or reflecting on adjacent property. A 29. Outdoor dining within the public right-of-way is only permitted with an encroachment permit, and shall use furniture and enclosures approved by the City of Azusa's Planning Division, A 30. Creating an enclosed patio structure by means of screens, glass, walls, etc., along Foothill Boulevard or Dalton Avenue is absolutely prohibited for all commercial and retail uses, unless permitted under a separate Planning Division approval. This condition does not preclude the addition of overhead awnings nor the use of low (no taller than 36"), temporary, mobile barriers (such as stanchions with velvet ropes, decorative landscaped planter boxes) for commercial or retail uses with the approval of the Planning Division. A 31. The developer shall submit all maps in digitized form to the Engineering Division prior to and upon approval of the final maps by the City Council. A 32. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the developer or any successor in interest in order to enforce any of the conditions of approval set forth herein, the City shall recover from the developer or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. A 33. The developer, owner, or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The developer or successor in interest shall reimburse the City for all reasonable attorney fees and other reasonable costs incurred by the City in defending such action or proceeding. A 34. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the developer, owner, or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. A 35. Tank-less water heaters shall be installed instead of storage tank water heaters. A 36. Appliances shall be Energy Star rated. A 37. High efficiency plumbing fixtures shall be used, wherever possible, to exceed the minimum efficiency required by the State of California. A 38. Secure and accessible bicycle storage for visitors and occupants shall be provided. A 39. Space shall be allocated for collecting recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 5 of 19 deposit as well as those who collect and load any recyclable materials placed therein. A 40. Exceed the minimum requirements of California's energy code by at least 10%. A 41. Any significant changes to the conditions listed above must be approved by the Planning Commission. B. All requirements of the Building Division shall be met, including but not limited to the following: B 1. Plans shall conform to the 2007 California Building Standards Codes incorporating the State of California 2007 Building Code, 2007 California Mechanical Code, 2007 California Plumbing Code, the 2007 California Electric Code and the 2007 California Energy Code and all applicable Azusa Municipal Codes and Ordinances. B 2. All plan check fees shall be paid at the time of plan check submittal. B 3. Prior to issuance of any building permit, developer shall be responsible to pay in full all other appropriate development fees (i.e. school district fees, water reimbursement, park fees, sanitation fees). B 4. Electrical, mechanical, plumbing plan check fees are required. B 5. Energy plan check fees are required. B 6. Developer shall submit 3 (three) complete copies of structural and architectural plans for plan check. B 7. Structural, architectural, electrical, mechanical, plumbing plans shall be designed by a State of California Registered Engineer, or a State of California Registered Architect, B B. Developer shall submit 3 copies of grading and drainage plans simultaneous with construction plans. B 9. Developer shall submit 3 (three) copies ofstructural calculations simultaneous with the construction plans. B 10. Developer shall submit 3 (three) copies of energy calculations simultaneous with the construction plans. B 11. Developer shall submit 3 (three) copies of electrical, mechanical, and plumbing plans simultaneous with the construction plans. B 12. Developer shall submit 3 (three) copies of soil report simultaneous with the construction plans. B 13. Developer shall submit 3 (three) copies of an acoustical study for the R-1 component simultaneous with the construction plans. B 14. Prior to issuance of a permit, plans must be submitted to, and approved by Report to the CRy Council - Exhibit A—Conditions of Approval April 7,2008 Page 6 of 19 the Los Angeles County Fire Department. Please contact Manny Mosherifi@ 626.963.5564 for specific information. B 15. Prior to issuance of a permit, plans must be submitted to, and approved by Azusa Light and Water Department. Please contact Hein Vuong @ 626.812.5172 for specific information. B 16. Developer is responsible for routing, submitting plans and obtaining approval from other City Divisions/Departments and all outside Agencies prior to permit issuance. B 17. Property falls within an area of potential earthquake induced Liquefaction. Landslides or both. A site specific Geologic investigation must be conducted for the property. The site investigation report must be prepared by a certified engineering geologist or registered civil engineer who must have competence in the field of seismic hazard evaluation and mitigation. The geologic report must be submitted to the Department of Community .Development for review. Plan review fees will be based on actual costs with a minimum deposit of$1;000.00 due when the report is submitted. B 18. Plans as provided are not intended to be nor are acceptable for Building Division submittal. Additional construction level details are required to be approved by the Building Division. B 19. A foundation only permit may be considered providing all of the following has been completed: • The Structural Plan review is complete and approved. • The Grading Plans are complete and approved. • The soils/liquefaction report has been reviewed and approved. • The project has been approved the Azusa Planning and Engineering Divisions. • The project has been approved by the Los Angeles County Fire Department for access and occupancy. • The method of service has been approved by the Azusa Light and Water Department. B 20. Building"permits may be considered providing that all applicable school fees have been paid to the Azusa Unified School District. B 21. This review is for determining minimum Building requirements for condition of approval and plan check submittal. C. All requirements of the Fire Department shall be met, including but not limited to the following: C 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All-weather access may require paving. C 2. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. C 3. Where driveways extend further than 150 feet and are of single access design, turnaround suitable for fire protection equipment use shall be provide ., Report to the City Council Exhibit A—Conditions of Approval April 7, 2008 i Page 7 of 19 and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. C 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. C 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. C 6. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. C 7. Provide water mains, fire hydrants and fire flows as required by County of Los Angeles Fire Department, for all land shown on map which shall be recorded. C 8. The required fire flow for PUBLIC fire hydrants at this location is 350D gallons per minute at 20 psi for duration of 3 hours, over and above maximum daily domestic demand. Three (3) hydrants flowing simultaneously may be used to achieve the required fire flow. C 9. Fire hydrant requirements are as follows: Upgrade/verify four (4) existing public fire hydrants. C 10. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour rated firewall. The location shall be as per map on file with the office. C 11. All required fire hydrants shall be installed, tested and accepted or bonded for prior to Final Map approval. Vehicular access must be provided and maintained serviceable throughout construction. C 12. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process or during building plan check. C 13. Hydrants and fire flows are adequate to meet current Fire Department requirements. C 14. Fire sprinklers are required per building code. C 15. The required fire land to be provided between the residential structures shall be designed to meet Los Angeles County Fire Department requirements for all weather access, which includes the following criteria: The surface shall support a minimum live load of 75.000 lbs. Said t surface design shall be submitted by a civil engineer prior to the clearance of.the Final Map. The product manufacturer shall clearly state that the product has been tested to support the weight and traffic of a fire apparatus. Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 8 of 19 - C 16. The required fire lane shall also be certified by a civil engineer upon completion of said installation. Certification shall be submitted to both the City of Azusa and the Fire Department. C 17. The proposed mixed use building shall provide stand pipes in the stairways, and a full commercial sprinkler system in compliance with NFPA 13. C 18. The parking garage shall provide 45% openings with sprinkler system per 2007 CBC Section 704.8.1 and table 704.8. C 19. All grade changes shall be sufficient to provide appropriate angles of approach and departure for fire department apparatus. C 20. No landscaping material other than grass shall be planted within the boundaries of the alternate access roadway. C 21. The slope of the alternate access roadway shall not exceed 3% grade. C 22. Final map submittal is required to Los Angeles County Fire Department for review and approval prior to recordation. Prior to obtaining building permits, and subject to modification by the Fire Department, Conditions C23— C73, inclusive, must be satisfied. C 23. Provide a minimum unobstructed width of 26 feet, clear to the sky, for Fire Department vehicular access to within 150 feet of all portions of the exterior building walls. Fire Code 902.2.1 ACTION REQUIRED: Cross-hatch the Fire Department vehicle access on the site plan. C 24. Provide a minimum unobstructed width of 28 feet, clear to the sky, for Fire Department vehicular access to within 150 feet of all portions of the exterior building walls when the proposed building, or portions of the proposed building, is more than three stories or 35 feet in height above ground level. The centerline of the access roadway shall be located parallel to and within 30 feet of the exterior wall on at least one side of the building. Note: The public street may be used when the building wall is within 20 feet of the street and there are no obstructions such as power, telephone lines, etc. ACTION REQUIRED: Cross-hatch the Fire Department vehicle access on the site plan. C 25. Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. Fire Code 902.2.2.4 ACTION REQUIRED: Cross-hatch the Fire Department vehicle access on the site plan. C 26. Fire Department vehicular access roads shall be provided with a 32-foot centerline turning radius. Fire Code 902.2.2.3 ACTION REQUIRED: Indicate the centerline, inside and outside turning radii for each change in direction on the site plan. Report to the City Council Exhibit A—Conditions of Approval April 7, 2008 _ Page 9 of 19 C 27. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 901.3 ACTION REQUIRED: Provide note on site plan. C 28. A minimum 5 foot wide approved firefighter walkway leading from the fire apparatus access road to the buildings' exterior openings shall be provided for fire fighting and rescue purposes. Fire Code 902.3.1 ACTION REQUIRED: Indicate firefighter walkway access routes on the site plan. C 29. The location of all overhead High Voltage Transmission Lines within 100 feet of all property lines shall be shown on the site plan. Any proposed construction or land use within 100 feet of .the drip line of High Voltage Transmission Lines shall be subject to review by the Fire Marshal. ACTION REQUIRED: Indicate on the site plan the location of all drip lines and provide the dimension from the drip line(s) to all proposed structures and property lines. C 30. Building address numbers shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall be a minimum 3 inches high, 1 inch wide, with a 3/8 inch stroke. For buildings set back more than 150 feet from the street, the numbers shall be a _ minimum 5 inches high, 2 inches wide, with a 1/2 inch stroke. Fire Code 901:4.4 ACTION REQUIRED: Provide note on site plan. C 31. - A Key Box shall be provided, in accordance with Fire Code 902.4, and as set forth in Fire Department Regulation 5. ACTION REQUIRED: Provide note on site plan. C 32. The required flow for ON-SITE fire hydrants at this location is 1,250 gallons per minute at 20 psi residual pressure. When two or more on-site hydrants are required, the fire flow shall be 2,500 gallons per minute, with each on-site hydrant being capable of flowing 1,250 gallons per minute at 20 psi residual pressure. Fire Code 903.2 and Fire Department Regulation 8. ACTION REQUIRED: Provide note on site plan. C 33. Show all existing PUBLIC fire hydrants within 300 feet of the lot frontage on both sides of the street. Specify size of fire hydrants(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. Fire Code 903.2 and Fire Department Regulation 8. ACTION REQUIRED: Indicate size and locations of all existing fire hydrants on site plan. C 34. Provide a receipt from the water purveyor that shows that all funds have been paid for the installation and/or upgrade of the required public fire hydrants. t i Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 10 of 19 ACTION REQUIRED: Provide proof of payment. C 35. Provide a letter from the water purveyor or installing contractor that indicates the approximate date the work will be started for the required fire hydrants. ACTION REQUIRED: Provide letter. C 36. All on-site fire hydrants shall be installed, tested and approved prior to building occupancy. Fire Code 1001.4 ACTION REQUIRED: Provide note on site plan. C 37. Fire Flow Availability Form 196 shall be completed by water purveyor. Fire Code 903.2.1 ACTION REQUIRED: Provide form completed by water purveyor. C 38. Plans showing underground piping of on-site fire hydrants shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 9D1.2.2.2 ACTION REQUIRED: Provide note on site plan. C 39. The inspection, hydrostatic test and flushing of the underground fire protection piping shall be witnessed by an authorized Fire Department representative and no underground piping or thrust blocks shall be covered with earth or hidden from view until the Fire Department representative has been notified and given not less than 48 hours in which to inspect such installations. Fire Code 1001.4 ACTION REQUIRED: Provide note on site plan. C 40. Provide Building Code occupancy classification(s) for all separate and distinct uses of the building(s) in accordance with Building Code Section 301 and Table 3-A. ACTION REQUIRED: Indicate on the site plan. C 41. Provided Building Code type of construction in accordance with Building Code Section 601 and Table 6-A. ACTION REQUIRED: Indicate type of construction on the site plan and provide construction details for the structural elements in Table 6-A. C 42. Provide building area increase justification calculations that comply with the requirements set forth in Building Code 504 and 505. ACTION REQUIRED: Incorporate calculations on the site plan. C 43. Provide a 1-hour fire-resistive Occupancy Separation between the M-B occupancy and the R1 occupancy as required by Building Code 302.1 and as set forth in Building Code 302.4 and Table 3-B. ACTION REQUIRED: Show on floor plan and provide a construction detail. Report to the City Council Exhibit A—Conditions of Approval April 7, 2008 Page 11 of 19 C 44. Exterior building walls shall have fire resistance and opening protection due to proximity to property lines in accordance with Building Code Table 5-A and Chapter 6. Building Code 503.2.1 ACTION REQUIRED: Indicate fire resistance of exterior walls on site plan and floor plan and provide a construction detail. Indicate opening protection in door/window schedule. C 45. Fire-resistive assemblies for the protection of openings, when required by the Building Code shall comply with Building Code 713. ACTION REQUIRED: Indicate on floor plan and in door/window schedule. C 46. Openings through floors shall be enclosed in a shaft enclosure of fire- resistive construction as required by Building Code 711. ACTION REQUIRED: Indicate fire-rated shafts on floor plans and provide construction detail. t C 47. Elevators, dumbwaiters, escalators and moving walks shall comply with the requirements set forth in Building Code Chapter 30. ACTION REQUIRED: Provide not on site plan. C 48. At least one elevator cab size shall be in accordance with the stretcher requirements of Building Code 3003.5a. ACTION REQUIRED: Indicate cab size on floor plan or provide a detail. C 49. Provide an approved automatic fire sprinkler system. Plans shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 1001.3 Reason: Title 24, 904.2.9 ACTION REQUIRED: List all Code sections under Reason. Provide note on site plan. C 50. Provide an approved Class I Standpipe System as set forth by Building Code 904.5.1 and Table 9-A. Submit plans to the Sprinkler Plan Check Unit for review and approval prior to installation. Fire Code 1001.3 and 1004 ACTION REQUIRED: Title 24, Table 9-A C 51. Provide occupant load calculation and exit width analysis for all portions of the building in accordance with Building Code 1003.2.2 and 1003.2.3. ACTION REQUIRED: Incorporate calculations on site plan or provide an exit analysis plan. C 52. Exit doors shall be capable of opening without the use of a key or any special knowledge or effort. Building Code 1003.3.1.8 ACTION REQUIRED: Provide note on site plan and indicate in door schedule. I f Report to the City Council - Exhibit A—Conditions of Approval April 7.2008 - Page 12 of 19 C 53. Exit doors shall swing in the direction of exit travel when serving an occupant load of 50 or more or when serving hazardous.occupancies regardless of the occupant load. Building Code 1003.3.1.5 and 1007.4.4. ACTION REQUIRED: Indicate door swing on floor plan. C 54. The width and height of required exit doorways shall be not less than 3 feet in nominal width by 6 feet 8 inches in nominal height and shall be capable of opening such that the clear width is not less than 32 inches. Building Code 1003.3.1.3 ACTION REQUIRED: Indicate on floor plan and door schedule. C 55. The means of egress travel shall be illuminated at any time the building is occupied with a light intensity of not less than 1 foot-candle at the floor level. Building Code 1003.2.9.1 ACTION REQUIRED: Provide note on site plan. C 56. The power supply for the means of egress exit illumination shall be supplied from separate sources in accordance with the Building Code 1003.2.9.2. ACTION REQUIRED: Provide note on site plan and indicate the light fixtures with emergency power on reflected ceiling plan. C 57. Illuminated exit signs shall be located as necessary to clearly indicate the direction of egress travel. Additional exit signs may be required at time of field inspection. Building Code 1003.2.8.2 ACTION REQUIRED: Indicate exit sign locations on floor plan/reflected ceiling plan. C 58. Interior stairways, ramps or escalators shall be enclosed in an exit enclosure when required by the Building Code 1005.3.3 and shall not be used for any purpose other than as a means of egress. Exit enclosures shall exit directly to the exterior of the building or shall include an exit passageway on the ground floor leading from the exit enclosure directly to the exterior of the building. Building Code 1005.3.3.3 ACTION REQUIRED: Show exit enclosure on floor plans and provide construction detail. C 59. Walls and soffits of enclosed usable space under interior stairways, which are not required to be enclosed by Building Code 1005.3.3.6, shall be protected on the enclosed side as required for one-hour fire-resistive construction. Building Code 1003.3.3.9 ACTION REQUIRED: Indicate on floor plan. C 60. Provide a one-hour, fire-resistive corridor as required by Building Code 1004.2.2 and constructed as set forth in Building Code 1004.3.4. ACTION REQUIRED: Indicate on floor plan and provide a construction detail. C 61. All openings in corridors shall comply with the requirements set forth in Building Code 1004.3.4.3.2, including tight-fitting smoke-and-draft-control Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 13 of 19 r door assemblies having a 20 minute fire-resistive rating, and 45 minute fire- resistive fixed glazed windows. ACTION REQUIRED: Indicate on door/window schedule. C 62. Exterior exit balconies, exterior exit stairways and exterior exit ramps serving as components of the Exit Discharge system shall comply with the travel distance, width and construction requirements as set forth in Building Code 1006. ACTION REQUIRED: Indicate on floor plan and door/window schedule. C 63. When and exit court serving a building having an occupant load of 10 or more is less than 10 feet in width, the court walls shall be one-hour fire resistive for a distance of 1D feet above the floor and all openings protected by a 45-minute fire assembly. Building Code 1006.3.5 ACTION REQUIRED: Indicate on floor plan and door/window schedule. C 64. Provide draft stops in floor-ceiling assemblies, attics and mansards as required in Building Code 708.3 and 1505.2. ACTION REQUIRED: Show location of draft stops on reflected ceiling/floor plan and provide a construction detail. C 65. Portable Fire Extinguisher requirements shall be determined by Fire Department Field Inspector in accordance with Fire Code 1002.1. ACTION REQUIRED: Provide note on site plan. C.66. Dumpsters and container with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eaves, unless areas containing dumpsters or containers are protected by an approved automatic fire sprinkler system. Fire Code 1103.2.2 ACTION REQUIRED: Provide note on site plan. C 67. Comply with Title 24, 310.4 regarding access. (Provide note on site plan and r indicate on floor plan.) C 68. Provide an approved fire alarm system. Submit plans for approval prior to installation. Fire Code Article 10072.9 Title 24, 310.10 C 69. Provide a construction detail of the trash chute, indicating a vent at the top, fire doors, and the fire sprinkler system within the chute and the terminating room. Title 24, 711.5 and 904.2.2 C 70. Provide one-hour, fire-resistive construction throughout. Title 24, 310.2.2. (Provide note on site plan and indicate on plans.) f C 71. . At all vehicular entrances provide graphic display panel that depicts the exact location of all residential units. C 72. Post NO PARKING — FIRE LANE signs along vehicular access roads. Fire Code 901.4.2 (Incorporate sign specification into blueprints.) • i Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 14 of 19 C 73. Comply with Title 24, 310.9.1 regarding fire warning systems. Smoke detectors to be hard wired with a battery backup. (Provide note on site plan and indicate on Floor plan.) D. All requirements of Azusa Light shall be met, including but not limited to the following: D 1. Project developer shall make separate arrangement with Azusa Light & Water (AL&W) for electric utility services required at the project site. Electric services shall be served by Azusa Light & Water. Project developer shall make advance arrangements with AL&W for electric utility requirements, including temporary power or any existing service relocations, prior to issuance of any site grading permit. D2. All electrical services shall be installed underground in accordance with AL&W Utility Rules and Regulations, AL&W construction standards and specifications, and City of Azusa Municipal Code. The design or methods of construction shall be in accordance with specifications and requirements of Azusa Light & Water. Project developer shall furnish and install all electric facilities as per approved plan. Developer shall prepare and submit the electric utility improvement plans for approval by AL&W. These plans may involve an underground service line extension crossing Dalton Avenue from the project site towards the utility's distribution lines. The new underground electric facilities may include, but are not limited to concrete encased underground conduits, vaults/manholes, transformer pads, roadway light poles as required, 2" conduit for utility telecommunication purposes, and other electric related structures required by AL&W, in order to complete service installations. D 3. In addition to furnishing and installing the underground electric substructures, the project developer shall pay to Azusa Light & Water all utility related fees and charges required under AL&W Utility Rules and Regulations. These fees or charges may include, but are not limited to, electric equipment deposits, labor, material and overhead expenses to furnish and install underground high voltage cables, pole fixtures and related hardware. Utility fees or charges will be estimated and determined when final approved electric utility plans are submitted and approved by Azusa Light & Water. D4- Project developer shall submit for review the following plans to Azusa Light & Water, prior to determining method of services or layout of electric distribution system at project site. Project plans required for submittal are as follows: • Site plan/survey, grading plan • Roadway related improvement plans, if any • Electric service required including the electrical load calculations and single line diagram • Locations of above ground transformer/electric equipments. D 5. Existing electric utility facilities shall remain until replacement underground electric system is installed and accepted by Azusa Light & Water. Any relocation, modification, or alteration of existing electric facilities arising from project improvement plans shall be installed underground at sole cost and expense of project developer. All existing electric facilities will be retained and shall be accessible before or during construction. Relocation of existing Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 15 of 19 electric facilities shall be Completed and cleared prior to approval Tract Map. D 6. Existing electric easements shall be retained until the new easements for the replacement underground facilities are duly recorded. Thereafter, existing easements for the old facilities may be vacated or relinquished. Property owner shall grant an underground electric easement to Azusa Light & Water for the new underground electric facilities or may designate a preferred . easement location that is acceptable to Azusa Light & Water, where replacement underground electric facilities may be installed within project site. Easement document shall be prepared and duly signed by property owner in the prescribed form. Document shall be submitted by owner to Azusa Light & Water for acceptance and recording no later than the time to energize any of the new electric services. New electric easements will be required to be recorded prior to the sale to new owners of any portion of the entire parcel or prior to the relocation of electric facilities as per requirements of Azusa Light & Water. D 7. Any new transformer pads or outdoor electric panel/equipment shall be installed in a safe location, readily accessible at all times by utility field personnel or equipment. Prior to construction, owner or project developer shall coordinate and resolve with City of Azusa Planning Division any issues relating to visual impacts arising from installation of above ground electric utility equipment. D B. The developer shall conduct an illumination report to determine if Dalton Avenue and its sidewalks will be adequately lighted, thereby ensuring pedestrian and vehicular safety. The City's Engineer and/or Public Works Director must approve of the report's methodology, criteria, and conclusions. If the study's approved conclusions find that the illumination is not or will not be adequate, the developer shall install new street lights in the eastern Dalton Avenue right-of-way. D 9. Private roadway lighting within the project site shall be served from a 'metered electric service. Ownership, operation, and maintenance of private lighting facilities shall be at the sole cost and expense of owner or project developer. Private roadway electrical lighting plans will require approval from the City of Azusa Building Division/Inspector. D 10. Prior to issuance of final release for occupancy of any residential or commercial units, the owner or project developer shall comply with all requirements of Azusa Light& Water. E. All requirements of Azusa Water shall be met, including but not limited to the following: E 1. All backflow devices can be put inside building as long as visible from outside and must have proper drainage system. State Health Service required preventative for connection to these service sections between meter and backflow devices, developer can do that by encasing them. Developer to ensure that there will be no other connections between meters and backflow devices. E 2. Plan check is required. Report to the City Council - Exhibit A—Condftions of Approval April 7,2006 Page 16 of 19 E 3. The owner or project developer shall take sole responsibility for cost incurred due to any modification, relocation or alteration of existing water facilities caused by this project to the satisfaction of Light and Water Department. E 4. This project is subject to Ordinance No. 96-08. City of Azusa Municipal Code Sections 78-471 through 4777 of Division 5 entitled "Water System Development Fee" if there is any change in floor footage. Fees must be paid to the Light and Water Department following the final plan approval by Building Department. The Water System Development Fees using multi- family rate only apply to residential units. Commercial section will be rated as commercial base on The Resolution no. 07-C62. The estimated Water System Development Fee is based on resolution numbers 06-C63 and will be changed to reflect the actual rate as of the day fees are paid. • Residential—multiple family unit 73 @ $1,017.92/DU • Commercial 9,000 soft @ $0.73/SF E 5. This project is subject to Ordinance No. 07-012, Sections 78-501 through 78- 513 of Division 6 entitled," Conservation Plan" of Article VI of the City of Azusa Municipal Code. This includes the installation of water saving devices, such as ultra low-flow toilets (1.6 gallons) and participation in the retrofitting of existing housing units either by installing retrofits or providing funds to perform retrofits. E 6. Special Conditions: Service meters to be at curbside. F. All requirements of the Parks Division shall be met, including but not limited to the following: F 1. Parkway trees are required, located no closer than 30 feet or greater than 65 feet apart and shall be irrigated per City Plan specifications. Number and variety to be specified by Parks Division, Roy Chavez, Park Superintendent or his designee, (626-812-5259), and shall be at least 15 gallon size in accordance with the Azusa Municipal Code Section 62-202. F 2. Landscape and irrigation plans shall show locations, quantities, sizes, and types of plant materials, as well as design of an automatic irrigation system. No final release from this department shall be granted until these plans have been approved. F 3. If the proposed project includes the construction of one or more bedrooms, Park and Recreation in-lieu fees shall be paid in accordance with Azusa Municipal Code Section 66-5. F 4. All modifications and issues to existing Senior Center will be developef's responsibility. F 5. Existing parkway palms will need to be relocated to nearby or used within new development site. G. All requirements of the Police Department shall be met, including but not limited to the following: G 1. Town home addresses shall be clearly visible on both the garage and front of the residences. Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page-17 of 19 r G 2. Parking structure: • All exterior entrances shall be monitored with high-quality video, and signs indicating such should be posted. • Adequately light all areas (parking, driving, and walkways). • Public and private. parking areas shall be marked/designated and physically separated from one another. Private parking areas shall also be controlled with an electronic gate to prevent unauthorized parking/trespassing. • Public parking hours should generally reflect the hours of local businesses. • The numbering system identifying parking stall number shall not be the same numbering system identifying unit number. G 3. All residential units: • Common areas or building entrances shall have locks that automatically lock when the door closes and approved Knox Boxes for police and fire access. • All hallways, building entrances, and building exteriors shall have adequate lighting. • The east side of the property adjacent to the existing residential housing shall be properly walled or fenced to prevent unauthorized entry. H. All requirements of the Gas Company shall be met, including but not limited to, the following: H 1. Some or all of the gas main along Dalton Avenue shall be relocated at the developer's expense. Determination of relocation to be made upon review of street improvement plans. H 2. The existing gas main running east from Dalton Avenue that supplies gas to 334 and 339 E. 81" Street and 743 and 745 N. Soldano Avenue shall be relocated at the developer's expense as it will be under the new buildings north of the Senior Center. This relocation is required to take place before any work is done to the gas main running north and south on Dalton Avenue. I. All requirements of the Engineering Division shall be met, including but not limited to, the following: 11. Storm drainage • The developer shall review flow, hydrology, from North of railroad crossing through the existing 2-24" pipe culverts under railroad and through to Foothill Boulevard. Modifications to the street will change the configuration and may necessitate a new flow path. Existing catch basins will need reconfiguration shall final flow conditions so require. If there is any change to the storm drainage, verification of the capacity of the 30" LACFCD (project 603) pipe in Foothill shall be made by the developer. • .The developer shall verify that, after grading and construction of walls and buildings, the drainage from the senior center will continue unimpeded to the street. • The developer shall comply with all requirements of the California Department of Regional Water Quality Board, including obtaining any required permits. .. Report to the City Council Exhibit A—Conditions of Approval April 7, 2008 Page 18 of 19 12. Sewer • The developer shall video/clean up to 2,000 feet of existing sewers that are to receive flow from the project. • The developer shall conduct a sewer study, which shall include capacity analysis of the existing system from the project to the treatment facility. Note that LACSD requires a capacity review for a permit. • The developer shall provide a new connection from the Senior Center to the new sewer in Dalton Avenue. • The developer shall replace the existing 8" VCP sewer in Dalton Ave. with new 12"VCP from the Senior Center lateral in Dalton to the to the existing manhole in Foothill Blvd. Subject to prior approval, the City of Azusa shall reimburse the developer for all or part of the added cost of the increase in size from 8" to 12" VCP. • The developer shall extend the new 12" VCP East in Foothill Boulevard from the existing manhole to join with the existing 12" sewer at the manhole in Soldano Avenue. Subject to prior approval, the City of Azusa shall reimburse the developer for all or part of the cost of this extension. • The sewer system replacement and connections shall be accomplished while maintaining service to the Senior Center and the upstream tributary areas. 13. Street • The developer shall obtain written or stamped approval of Los Angeles County Fire Department for access and roadways. • The developer shall install traffic control and ramps for crossings during construction. • The developer shall remove and replace sidewalk, curb, gutter and parkway damaged by the developer. • The developer shall resurface pavement areas of Dalton Avenue and Foothill Boulevard damaged by the developer. 14. Environmental • Project must comply with NPDES and any requirements of the State Water Quality Control Board. • The developer's civil engineer must submit SUSMP report, SWPPP, and detailed list of Best Management Practices with grading plan. 15. General • The developer shall prepare Final Map for Condominium Purposes in conformance with Subdivision Map Act and pay checking and recording fees. • The developer shall post a bond or security device sufficient to cover any work in the public right of way prior to the issuance of a final map. The developer shall also post cash deposit for monument placement security. • The developer shall obtain an Encroachment Permit from the Department of Public Works prior to beginning any work within the public right of way. • The developer shall coordinate addresses with USPS and Engineering Division. • The developer shall maintain traffic control during construction to provide adequate vehicular and pedestrian access to facilities in the work area. 16, Grading • The developer shall provide a rough and finish grading plan signed by a Registered Civil and Geotechnical Engineer. • Prior to the issuance of grading permit, the developer shall provide Report to the City Council Exhibit A—Conditions of Approval April 7,2008 Page 19 of 19 (verification of fee payment to County Sanitation Districts of Los Angeles County. J. All conditions of the County Sanitation Districts of Los Angeles County shall be met, including, but not limited to the following: J 1. Final verification of available capacity in the local sewer and final approval to discharge flow from the subject property into the local sewer line must come from the City prior to development of the proposed project. J 2. Payment of a connection fee will be required before a permit to connect to the sewer is issued. 1 r i ' I t • �� F,roF A_rG REM CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR VIA: F.M. DELACH, CITY MANAGER DATE: JUNE 21, 2010 / SUBJECT: CIF #66110G; TARGET INTERSECTION IMPROVEMENTS PROJECT: REQUEST FOR ADDITIONAL FUNDS FOR CALTRANS REQUIRED SIGNAL EQUIPMENT AT AZUSA AVENUE AND FIRST STREET. RECOMMENDATION It is recommended that the City Council authorize additional funds in the amount of$46,260.00 for CIP 466110G, Target Intersection Improvements Project, to CT&F, Incorporated for the acquisition of Caltrans required signal equipment at the intersection of Azusa Avenue and First Street. BACKGROUND The Target Store development requires improvements to numerous intersections around the City to mitigate the proposed increase in traffic. One of the intersections, Azusa Avenue and First Street is a Caltrans maintained intersection. To perform any improvements within a Caltrans maintained facility, an encroachment permit must be obtained from Caltrans. Caltrans provided the City of Azusa with first plan check comments and no additional signal equipment was requested. Therefore, with no new cost items and a tight timeline for awarding the project and ordering signal equipment, the CIP moved forward with bidding and was awarded on March 15th. 2010 to CT&F, Inc. However, Caltrans requested additional signal equipment after a later plan check. The equipment must be included in the improvements for the intersection to obtain the permit and complete the work. Caltrans has requested the following items to be included: 1. Additional pole and requisite footing. 2. New signal gear. 3. Specialized bike loops 4. GPS unit and Cabling. The total additional cost of the items listed is $46,260.00. Because this required equipment was requested by Caltrans after award of contract, the CIP has exceeded the allowable 10% for change orders. FISCAL IMPACT The awarded project cost for CIP 46611OG is $331,786.40, which was based on the bid amount plus a 10% allowance for potential change orders. The cost of Caltrans required equipment is $46,260.00. The project was listed in the approved FY 2009-2010 Capital Improvement Program with account number 80101656247170 and a budget of$392,000. The additional funds will take the project to a total cost of $378,046.40 which is still less than the originally planned budget amount. The project is funded by the Redevelopment 2008A Bond funds. r CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRE�{C�TO-R/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER ;t7/WJ DATE: JUNE 21, 2010 SUBJECT: CIP PROJECT NO. 66109M: CITRUS AVENUE AND UNIVERSITY DRIVE TRAFFIC SIGNAL AND COMMUNICATION IMPROVEMENTS RECOMMENDATION It is recommended that City Council approve a Notice of Completion for the following project and authorize staff to file the Notice of Completion with the Los Angeles County Clerk: • Citrus Avenue and University Drive Traffic Signal and Communication Project No. 66109M— $103,844.59—Christopher R. Morales, Inc., San Dimas, CA 91773 BACKGROUND The project was awarded to Christopher R. Morales, Inc. by the City Council on December 7, 2009 in a total amount of $104,388.00. The project was ,funded by CDBG Stimulus funds, #1)61240 for the total amount. The project eliminated the flashing in-pavement crosswalk and replaced it with a fully improved traffic signal. The traffic signal has improved traffic circulation between the East APU campus and the Crestview Apartments. Work on this project began on December 22, 2009 and all work was completed on May 14, 2010. FISCAL IMPACT The project was completed within budget at a total construction cost of$103,844.59. Attachment: Notice of Completion i! RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NAME CITY OF AZUSA STREET ADDRESS 213 E.FOOTHILL BLVD CITY,STATE ZIP AZUSA,CA 91702 - SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3039,must be.filed within 10 days after completion.Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is The Citv of Azusa 3. The full address of the owner is 213 E.Foothill Boulevard,Azusa,CA 91702 4. The nature of the interest or estate of the owner is: In fee. (IF OTHER THAN FEE,STRIKE"IN FEE"AND INSERT,FOR E%ASfPLE,"PURCHASERUNDER CONTRACT OF PURCHASE",OR"LESSEE" 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common, are: NAMES ADDRESSES NONE 6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES NONE 7. A work of improvement on the property hereinafter described was completed on May 14.2010 The work done was: Citrus Aveue and Universitv Drive Traffic Signal and Communication Improvements CDBG Funded Project#D61240 8. The name of the contractor, if any,for such work of improvement was: Christopher R.Morales Inc 155 N Eucla Avenue,San Dimas,CA 91773 December 22 2009 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE,INSERT"NONE") (DATE OF CONTRACT) 9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles,California and as described as follows: Citrus Avenue and University Drive 10. The street address of said property is - None OF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED,INSERT"NONE") Dated: Joseph R Rocha,Mavor (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT) 1,the undersigned,say:I am the person who signed the foregoing notice of completion. 1 have read said notice of completion and know its contents,and the facts stated therein are true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at (DATE) (CITY,COUNTY,@ STATE) (SIGNATURE) UrvoS`�"' CONSENT CALENDER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR 99�� VIA: F.M. DELACH, CITY MANAGERi/` DATE: JUNE 21, 2010 6 SUBJECT: APPROVAL OF PROPOSED AGREEMENTS WITH GMAC RESIDENTIAL CAPITAL, LLC/RC PROPERTIES VI REGARDING CONDITIONS OF DEVELOPMENT AND REIMBURSEMENT OF LEGAL FEES FOR ROSEDALE PROJECT RECOMMENDATION It is recommended that City Council: (1) approve the proposed "Agreement to Satisfy Conditions of Development" and the proposed "Reimbursement Agreement" with GMAC Residential Capital LLC/RC Properties VI (GMAC) regarding the sale and development of 98 units in the master-planned community of Rosedale, and (2) authorize the City Manager to execute the agreements, with any non-substantive revisions approved by the City Attorney. BACKGROUND In 2004, the City and Monrovia Nursery Company (MNC) entered into a Development Agreement regarding the 520 acres of the Monrovia Nursery property, now known as Rosedale. MNC assigned its interest under the Development Agreement to Azusa Land Partners, LLC (ALP), and ALP assumed MNC's interest under the Development Agreement as "Master Developer" for the Development Agreement property. ALP sold several tracts of the Development Agreement property to various developers, and in some instances, GMAC acted as a lender for the Fieldstone tracts. GMAC foreclosed and sold product that was previously constructed by Fieldstone. GMAC now seeks to sell 98 partially developed and undeveloped parcels of the property to a prospective buyer, City View Rosedale LLC/ Lee Homes-Argus (City View). DISCUSSION: A condition of the sale between GMAC and City View includes the City's issuance of building ' permits. However, prior to the City issuing the building permits, the City requires City View to satisfy certain conditions of approval and to pursue certain entitlements, including certificates of occupancy. For this purpose, City staff has prepared the proposed "Agreement to Satisfy Conditions of Development" and the proposed Reimbursement Agreement for the City Council's consideration to facilitate City View's development of 98 units in the Rosedale community. As part of the "Agreement to Satisfy Conditions of Development," City View must provide: (1) payment of $10,000 per unit; (2) a one-time special tax payment for each unit, as part of the City's Community Facilities District No. 2005-1; and (3) construction of two (2) parks, as well as construction of slope and landscape improvements. The Reimbursement Agreement provides for re-payment for 50% of the cost of development of Alisal Park upon full development of Tract 054057-14 by the "Master Developer" or the subsequent "merchant builder". To streamline the process, City staff is recommending that the City Council authorize the City Manager to.execute the proposed agreements and allow the City Manager and City Attorney to make any non- substantive changes to the agreements without further need for Council approval. FISCAL IMPACT Adoption of the proposed agreements would generate activity at Rosedale and revenue via building permits and increased property value/property tax. Exact amounts are indeterminable at this time. ATTACHMENTS Agreement to Satisfy Conditions of Development Reimbursement Agreement h AGREEMENT TO SATISFY CONDITIONS OF DEVELOPMENT 1. PARTIES AND DATE. This Agreement is entered into as of this_day of 2010, ("Effective Date") by and between the City of Azusa, a California municipal corporation ("City") and CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"). City and Owner are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." 2. RECITALS. 2.1 The City and Monrovia Nursery Company, a California corporation ("MNC"), entered into a Development Agreement ("Development Agreement") dated May 27, 2004, and recorded on July 29, 2004, as Document No. 04-1952514 in the Official Records of Los Angeles County, California. 2.2 The Development Agreement related to the approximately520 acre Monrovia Nursery Specific Plan property located in the City, described and depicted in Exhibits A and B of the Development Agreement, and now known as "Rosedale" ("Rosedale"). 2.3 On August 30th, 2004, Azusa Land Partners, LLC, a Delaware limited liability company ("ALP"), agreed to be subject to the provisions of the Development Agreement, other than specified retained obligations, and to assume the role of owner under the Development Agreement. This arrangement was memorialized in Operating Memorandum No. 1, recorded on September 1, 2004 as Document No. 04-2252766 in the Official Records of Los Angeles County, California. 2.4 ALP sold portions of Rosedale ("Starfield Property") to Starfield Azusa Arborview, LLC, a Delaware limited liability company ("Starfield Arborview"), Starfield Azusa Heritage Oaks, LLC, a Delaware limited liability company ("Starfield Heritage Oaks"), and Starfield Azusa Greenbriar, LLC, a Delaware limited liability company ("Starfield Greenbriar",- collectively, reenbriar';collectively, the "Stanfield Entities"). 2.5 Starfield Arborview sold four (4) single family homes within the Starfield Property. Starfield Greenbriar sold two (2) single family homes within the Starfield Property. 2.6 RC Properties VI, ("RC Properties") subsequently acquired the Stanfield Entities' remaining interest in the Starfield Properties, which consisted of, among other things, twenty- seven (27)production/model single family homes, seventy-nine (79)partially-completed single family homes, and nineteen (19) single family home slabs. RC Properties subsequently sold the (27) production/model single family homes, leaving it with ninety-eight (98)partially-completed single family lots and slabs located on real property ("Subject Property"). 61412\4000683v6 1 2.7 Owner purchased the Subject Property from RC Properties. 2.8 The remainder of Rosedale is in foreclosure. In the future, Rosedale may be purchased by ALP or another master developer ("Successor Master Developer"). The Development Agreement does not address who is responsible for fees and improvements which the City may require of Owner as a condition of obtaining building permits. The parties desire to resolve this uncertainty and clarify the obligations for which Owner will be responsible and to further require that ALP or the Successor Master Developer, as applicable, reimburse Owner for fees it pays and improvements it completes. 3. TERmts. 3.1 Fees. Owner promises and agrees to pay a fee of Ten Thousand Dollars ($10,000) per unit ("Fee"), for a total of Nine Hundred Eighty Thousand Dollars ($980,000), representing the fee for 98 units (the"Total Fee"). Owner promises and agrees to pay twenty-five percent (25%) of the Fee when a building permit is pulled and the remaining seventy-five percent (75%) of the Fee shall be paid prior to the City's issuance of a certificate of occupancy for each unit. 3.2 Community Facilities District Special Taxes: Owner agrees to pay the One-Time Special Tax payment for each residential unit owned by Owner as defined and set forth in the Rate and Method of Apportionment for Improvement Area No. 1 of Community Facilities District No. 2005-1 prior to the issuance of the Certificate of Occupancy. City will not issue a Certificate of Occupancy until the One-Time Special Tax payment is paid. 3.3 Improvements. Owner promises and agrees to construct or to cause to be constructed, at Owner's sole cost and expense, all improvements as detailed in the Public Improvement Agreements for Tract Nos. 54057-8, 54057-14 and 64417 and in the "Scope of Development" attached hereto and incorporated herein as Exhibit"A" ("Improvements"). Owner promises and agrees to pay all applicable fees and expenses associated with construction of the Improvements, including, but not limited to, any of the City's actual costs of all planning checking, report reviews, engineering, inspection and testing services or other service fees rendered or required. 3.3.1 Reimbursement Agreement. Although Owner is not specifically obligated under its entitlements, City has determined that requiring Owner to pay the Total Fee and construct Alisal Park will result in more consistent and orderly improvement of public facilities serving the 98 units. Concurrently with the execution of this Agreement, the City shall enter into a Reimbursement Agreement, substantially in the form set forth as Exhibit `B" and incorporated herein by reference. 3.3.2 Improvements on Land Not Owned By Owner. In any instance where the Owner is required to construct any public or future HOA owned improvement on land not owned by the Owner, the Owner shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements, including,.but not limited to, acquiring a license to enter the property. 61412W000683v6 2 t A. In the event the Owner is unable, after reasonable efforts, to acquire the real property interests necessary for the construction of such Improvements, the Owner must, upon written demand by the City, provide evidence, including, but not limited to letters, phone records and meeting notes that the Owner made a good faith and reasonable effort to acquire those real property interests. B. In the instance that the Owner is unable, after reasonable efforts, to acquire the real property interests necessary for the construction of such Improvements, the City shall exercise efforts in its sole and absolute discretion, to acquire the real property interests for the construction of such Improvements. Nothing in this Agreement shall be in any way construed to require the City to acquire such real property interests through exercise of its eminent domain powers. C. In the instance that both the Owner and the City are unsuccessful at acquiring the real property interests in order to construct such Improvements, the Owner promises and agrees to pay the costs of completion of those Improvements. The costs shall be adjusted each year at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. D. The City hereby grants to Owner, its contractors, agents and employees, a temporary non-exclusive license in, on, over, under, along, through and across Lot A of Tract 54057-8 to the extent necessary to complete construction of Citrus Park. In addition, the City hereby grants to Owner, its contractors, agents and employees, a temporary non- exclusive license in, on, over, under, along, through and across the property adjacent to Lot A of Tract 54057-8 to the extent necessary to complete construction of the Improvements relating to Citrus Park 3.3.3 Quality of Work. The Improvements shall be engineered, constructed and completed in a skillful and workmanlike manner in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state and local laws, ordinances, regulations, codes, standards and other requirements applicable at the time work is actually commenced. 3.3.4 Prior Partial Construction of Improvements. Where construction of any Improvements has been partially completed prior to the Effective Date, Owner agrees to diligently pursue and to complete such Improvements or assure their completion in accordance with this Agreement. : 3.3.5 Construction Schedule. Unless extended in writing by amendment of this Agreement, Owner shall fully and adequately complete or have completed the Improvements pursuant to Construction Phasing Schedule attached as Exhibit`B". 3.3.6 Acceptance of Improvements. If the Improvements are properly completed by Owner and approved by City, and if they comply with all applicable federal, state and local laws, ordinances, regulations and other requirements, City shall accept the 61412W00068M ' 3 Improvements and furnish Owner with written notification of said acceptance within thirty (30) days of Owner's written request for same. 3.3.7 Performance and Surety Bond. Prior to issuance of a the first building permit, Owner shall provide City with a faithful performance bond and surety bond in the amount of dollars ($ ) which sum shall be not less than one hundred percent (100%) of the costs to construct the Improvements, to guarantee the faithful performance of the Improvements and all of the provisions of this Agreement. The surety shall be authorized to do business in California and shall be satisfactory to the City. The amount of the bond required hereunder is based upon an approximation of the actual cost of the Improvements; the actual amount of Owner's obligation under this Agreement shall be the actual cost of the Improvements to be completed and accepted by the City. Upon request of the City,the amount of the bonds shall be subject to adjustment at the sole and absolute discretion of the City if the estimated cost of the Improvements changes. As part of the obligation secured by the surety and in addition to the face amount of the bonds, the surety shall also secure the administrative costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of this Agreement or the Improvements shall in any way affect its obligation on the bond. In addition,the surety waives notice of any change, extension of time, alteration or addition to the terms of this Agreement or the Improvements. 3.4 No Further Obligations. By paying the Total Fee and constructing the Improvements, City agrees that Owner has satisfied all applicable conditions of approval and public improvement construction obligations under all entitlements, development approvals, and/or agreements governing or restricting the Subject Property, including but not limited to the following: General Plan Amendment GPA 2002-03, the Monrovia Nursery Specific Plan, Zone Change Z2002-03, the pre-zoning of the Annexation Property, Vesting Tentative Tract Map No. 54057, and the Mitigation Monitoring Plan for the Monrovia Nursery Specific Plan Final Environmental Impact Report. Owner shall then have a vested right to proceed with the Project. 3.5 Indemnification. Owner and its surety shall defend, indemnify and hold City, its officials, officers, employees, agents and volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Owner, its officers, employees or agents arising out of or in connection with Owner's construction of the Improvements, its performance of this Agreement, and any third party challenge to the validity of this Agreement (including that Owner has no further obligations other than the Total Fee and Improvements), including without limitation the payment of reasonable attorneys' fees. This indemnification provision shall survive the termination or expiration of this Agreement. 3.6 Remedies Upon Default. Upon Owner's failure to perform any of its obligations hereunder ("Default"), and at any time after any such Default, City may make a written demand upon Owner or its surety, or both, to immediately remedy or cure any such default("Default Notice"). If the Default is not cured within thirty (30) days of Owner's receipt of such Default Notice, City may then complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is 61412W000683v6 4 required. All such work or remedial activity shall be at the sole and absolute expense and obligation of Owner and its surety, without the necessity of giving any further notice to Owner or surety. City's right to take such actions shall in no way be limited by the fact that Owner or its surety may have constructed any of the required Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Owner or its surety to cease in order to permit adequate coordination by City. 3.7 License to Enter Inspect and Complete. For the purpose of assuring compliance with this Agreement, Owner grants the City; its employees, independent contractors, agents and assigns, the license to enter the Property, and guarantees the City's right to reasonable access for the purpose of: (i) inspecting the progress of the Improvements throughout the term of this Agreement; and (ii) completing Improvements in a good and workmanlike manner on a lien free and defect free basis in the event of Default as defined in Section 3.6 ("License"). City will use good faith efforts to minimize any interference that the City's entry may have upon the Owner's use and occupancy. The License shall remain valid until the improvements are completed to the satisfaction of the City. The ability of the City to enter the Property and complete the Improvements is of particular concern to the City, and it is because of this License the City has agreed to enter into this Agreement. 3.8 Attorney's Fees. Should either Party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing Party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit. 3.9 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. City: Owner: City of Azusa CityView 98, L.P. 213 East Foothill Blvd. 10877 Wilshire Blvd., 12`h Floor Azusa, CA 91702-1295 Los Angeles, CA 90024 Attn: City Manager Attn: Mr. Sean Burton 4.1 Entire Aereement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 61412A000683v6 5 4.2 Successors and Assigns. The rights and obligations under this Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Owner without the prior written consent of City. 4.3 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 4.3 Waiver. The City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach hereunder, shall not relieve the Owner of any of its obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the City's actions are intentional or unintentional. Owner agrees to waive, as a defense, counterclaim or setoff, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Improvements or this Agreement. In Witness Whereof, the Parties hereto have signed this Agreement the day and year first above written. CITY OF AZUSA CITYVIEW ROSEDALE 98, L.P. By: By: CityView Rosedale, LLC, Francis M. Delach a Delaware limited liability company, City Manager its general partner By: Sean O. Burton Managing Director Attest: By: Vera Mendoza City Clerk Approved as to form: By: Best, Best &Krieger LLP City Attorney 61412k4000683v6 6 EXHIBIT"A" SCOPE OF DEVELOPMENT Owner promises and agrees to construct or cause to be constructed the following: 1. Slope Landscaping. Lot B, C and D, Tract 54057-8 (Greenbriar) The slopes will be maintained by the HOA after acceptance. Lots B, C and D are owned by Owner. 2. Citrus Grove Park.- Lot A, Tract 54057-8. Citrus Grove park will be maintained by the City after acceptance. Lot A is owned by the City. 3. Slope Landscaping. Lots A, B, D, E and F Tract 54047-14 (Heritage Oaks). The slopes will be maintained by the HOA after acceptance. All Lots owned by ALP. 4. Alisal Park. Lot 18 Tract 54057 -13. Alisal park will be maintained by the City after acceptance. Lot 18 is owned by ALP. i r 61412\4000683v6 ` A-I f i i EXHIBIT"B" REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND CITYVIEW ROSEDALE 98, L.P. This Reimbursement Agreement("Agreement") is entered into this day of 2010, by and between the City of Azusa, a California municipal corporation(the "City"), and CityView Rosedale 98, L.P., a Delaware limited partnership ("Owner"). All parties are at times referred to collectively as "Parties" and individually as "Party" herein. Recitals WHEREAS, the City and Monrovia Nursery Company, a California corporation ("MNC"), entered into a Development Agreement("Development Agreement") dated May 27, 2004, and recorded on July 29, 2004, as Document No. 04-1952514 in the Official Records of Los Angeles County, California. WHEREAS, the Development Agreement related to the approximately 520 acre Monrovia Nursery Specific Plan property located in the City, described and depicted in Exhibits A and B of the Development Agreement, and now known as "Rosedale" ("Rosedale"). WHEREAS, on August 30th, 2004, Azusa Land Partners, LLC, a Delaware limited liability company("ALP"), agreed to be subject to the provisions of the Development Agreement, other than specified retained obligations, and to assume the role of owner under the Development Agreement. This arrangement was memorialized in Operating Memorandum No. 1, recorded on September 1, 2004 as Document No. 04-2252766 in the Official Records of Los Angeles County, California. WHEREAS, ALP sold portions of Rosedale ("Starfield Property") to Starfield Azusa Arborview, LLC, a Delaware limited liability company ("Starfield Arborview"), Starfield Azusa Heritage Oaks, LLC, a Delaware limited liability company ("Starfield Heritage Oaks"), and Starfield Azusa Greenbriar, LLC, a Delaware limited liability company ("Starfield Greenbriar'; collectively, the "Starfield Entities"). WHEREAS, Starfield Arborview sold four (4) single family homes within the Starfield Property. Starfield Greenbriar sold two (2) single family homes within the Starfield Property. WHEREAS, RC Properties VI, ("RC Properties") subsequently acquired the Starfield Entities' remaining interest in the Starfield Properties, which consisted of, among other things, twenty- seven (27) production/model single family homes, seventy-nine (79)partially-completed single family homes, and nineteen(19) single family home slabs. RC Properties subsequently sold the (27) production/model single family homes, leaving it with ninety-eight (98) partially-completed single family lots and slabs located on real property ("Subject Property"). WHEREAS, Owner purchased the Subject Property from RC Properties. 61412\4000683x6 B-I WHEREAS, the remainder of Rosedale is in foreclosure. In the future, Rosedale may be purchased by ALP or another master developer ("Successor Master Developer"). The Development Agreement does not address who is responsible for fees and improvements which the City may require of Owner as a condition of obtaining building permits. The parties desire to resolve this uncertainty and clarify the obligations for which Owner will be responsible and to further require that ALP or the Successor Master Developer, as applicable, reimburse Owner for fees it pays and improvements it completes. WHEREAS, prior to the City issuing building permits for the Property, the City requires the Owner to satisfy certain conditions of approval and diligently pursue entitlements ("Conditions") as detailed in a separate agreement entered into by the Parties, "Agreement to Satisfy Conditions of Development". WHEREAS, two conditions the Owner must satisfy prior to receiving building permits are to (a) complete all improvements as detailed in the "Scope of Development' attached to the Agreement to Satisfy Conditions of Development ("Improvements"), and (b) pay a fee of Ten Thousand Dollars ($10,000) per unit ("Fee"), for a total of Nine Hundred Eighty Thousand Dollars ($980,000), representing the fee for 98 units (the "Total Fee"); and WHEREAS,the Parties agree that Owner shall be reimbursed for the construction of Alisal Park and the Total Fee from ALP or the Successor Master Developer. AGREEMENT NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties agree as follows: 1. Incorporation of Recitals. The Parties acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement. 2. Design and Construction of the Alisal Park Site. Owner shall be solely responsible for the design and engineering, acquisition of land and materials, construction, installation, plan check, and inspection ("Planning and Improvement') of Alisal Park in accordance with the Construction Phasing Schedule attached as Exhibit C to the Agreement to Satisfy Conditions of Development. 3. Approval of Cost of Improvements. Within forty-five (45) days of the completion of Alisal Park and formal acceptance by the City, Owner shall give City an itemized accounting of the reasonable and actual costs of Alisal Park, including, without limitation, the costs of plan check fees, bond fees, and engineering expenses in connection with Alisal Park (the "Planning and Improvement Costs") incurred by Owner. 4. Terms of Reimbursement. The City shall cause ALP, any Successor Master Developer or any other successors and assigns to reimburse to Owner the Total Fees paid by Owner and the Planning and Improvement Costs incurred by Owner. The City shall impose upon 61412W000683v6 B_2 ALP, any Successor Master Developer or other any successors and assigns, as a condition of the City's approval of assignment of the development agreement, any tentative or final subdivision map, design review, building permit or other land use approval for the Master Developer, whichever comes first, a requirement that the Owner be paid (but not in trust) the Fee and the Planning and Improvement Costs. The City shall pay (without interest) any amounts so collected to the Owner within thirty (30) days from the City's collection thereof. 5. Assignment or Transfer. Owner shall not assign or transfer any of its rights or duties under this Agreement without the advance written consent of the City. 6. Indemnity. Owner shall indemnify, defend and hold harmless City, its elected officials, board members, officers, agents, employees and authorized volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including, without limitation, court costs, reasonable attorneys' fees, and expert witness fees, arising out of, in connection with or in any way related to this Agreement, the City's obligations discussed herein, and/or Owner's actions or inactions related to this Agreement, including, without limitation, any actions or inactions related to Owners activities, except such loss or damage caused by the sole negligence or willful misconduct of City. 7. Termination. In the event Owner defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, City shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to Owner. In the event Owner cures such default within such thirty (30) day period, City's election to terminate shall be deemed revoked and of no further force or effect. 8. Notice. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each parry may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after the date of mailing. City: Owner: City of Azusa CityView 98, L.P. 213 East Foothill Blvd. 10877 Wilshire Blvd., 120' Floor Azusa, CA 91702-1295 Los Angeles, CA 90024 Attn: City Manager Attn: Mr. Sean Burton 9. Attorneys' Fees. If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this Agreement or because of any alleged dispute, breach, default or misrepresentation. in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, 61412\4000683v6 B-3 1 l witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 10. Entire Agreement. This Agreement embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no party, agent or representative of the other party has made any promise, representation or warranty, express of implied, not expressly contained in this Agreement, that induced the other Party to sign this document. In Witness Whereof, the Parties hereto have signed this Agreement the day and year first above written. By: By: CityView Rosedale, LLC, Francis M. Delach a Delaware limited liability company, City Manager its general partner By. Sean O. Burton Managing Director Attest: By: Vera Mendoza City Clerk Approved as to form: f t By: Best, Best& Krieger LLP City Attorney k I 6I41241000683v6 B-4 EXHIBIT "C" CONSTRUCTION PHASING SCHEDULE Owner promises and agrees to complete the improvements prior to certificate of occupancy ("C of O") for the below listed houses as follows: Tract 54057-8 (Greenbriar) Citrus Grove Park (Lot A)—completed prior to C of O for Lot 43 Slope Landscaping (Lot B)—completed prior to C of O for Lot 1 Slope Landscaping(Lot C)—completed prior to C of O for Lot 6 Slope Landscaping (Lot D)—completed prior to C of O for Lot 15 Tract 54057-14 (Heritage Oaks) Slope Landscaping (Lot A)—completed prior to C of O for Lot 1 Slope Landscaping (Lot B)—completed prior to C of O for Lot 8 Slope Landscaping (Lot D) —completed prior to C of O for Lot 24 Slope Landscaping (Lot E)—completed prior to C of O for Lot 30 Slope Landscaping (Lot F)—completed prior to C of O for Lot 31 Alisal Park(Lot 18 tract 54057-13)—completed prior to C of O for Lot 4 6141214000683v6 C-1 U .a �RUFoai°r . AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERRS�ON AND AGENCY BOARD FROM: KURT CHRISTIANSEN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR/ IO DATE: JUNE 21, 2010 SUBJECT: AMENDMENT TO REDEVELOPMENT AGENCY BYLAWS RECOMMENDATION It is recommended that the Agency Board adopt the attached Resolution making certain changes to the Redevelopment Agency bylaws. BACKGROUND The bylaws of the Azusa Redevelopment Agency were adopted on December 1, 1986. These bylaws provide for, among other things, various definitions of staff members assigned to the Agency. Over the years, terminology has changed in regards to the designated City employees who are responsible for administering all Agency functions, In addition, the designation of Agency Board officers has changed as well as the originally intended meeting times. The attached Resolution conforms the Agency bylaws to current practice and officially designates the City's Director of Economic and Community Development as the Deputy Executive Director of the Agency.. FISCAL IMPACT None. Attachments 1. A Resolution of the Governing Board of the Redevelopment Agency of the City of Azusa, California, Revising the Bylaws of the Agency tie RESOLUTION NO. A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, REVISING THE BYLAWS OF THE AGENCY WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code sections 33000 et seg.) ("CRL"), the bylaws of the Redevelopment Agency of the City of Azusa ("Agency") were established by Resolution No. 316 on December 1, 1986 ("Bylaws"); and WHEREAS, the Governing Board of the Agency ("Governing Board") desires to revise the Bylaws to provide, among other things, for the designation of a Deputy Executive Director. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Azusa as follows: Section 1. Section 2 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "2. Chairperson. The Mayor of the City of Azsua shall be the Chairperson of the Agency. He or she shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency, the Chairperson shall sign all contractors, deeds and other instruments made by the Agency. At each meeting, the Chairperson shall submit such recommendations and information as he or she may consider proper concerning the business affairs and policies of the Agency" Section 2. Section 3 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: 11 3. Vice Chai erson. The Mayor pro tempore of the City of Azusa shall be the Vice Chairperson of said Agency. He or she shall perform the duties of the Chairperson in the absence, incapacity, resignation or death of the Chairperson." Section 3. Section 4 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "4. Secretary. The City Clerk shall act as the Secretary of said Agency. The Secretary shall keep the records of the Agency, shall act as Clerk for the meetings of the Agency and record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purpose and shall perform all duties incident to his or her office. He or she shall keep in safe custody the seal of the Agency and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Agency." Section 4. Section 5 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "5. Executive Director; Deputy Executive Director. The City Manager of said City shall act as the Executive Director of said Agency. He or she shall have general supervision of the administration of its business an affairs, subject to the direction of the Agency. The Board of Directors may authorize the Executive Director to execute contracts or instruments on its behalf. The Director of Economic and Community Development of said City shall act as the Deputy Executive Director of the said Agency. The Board of Directors may authorize the Deputy Executive Director, upon written direction from the Board or the Executive Director, to act in place of the Executive Director or to execute contracts or instruments on behalf of the Agency." Section 5. Section 6 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "6. Treasurer. The City Treasurer of said City shall be the Treasurer of the Agency. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency may select. He or she shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. All the demands shall be presented and paid in substantially the same manner as other demands presented to and paid by the City." Section 6. Section 7 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "7. General Counsel. The City Attorney of said City shall act as a legal advisor to the Agency and he or she shall be known as the General Counsel, except that the Agency may employ special counsel to handle specialized legal work. Such Special Counsel shall cooperate with and report to the General Counsel." Section 7. Section 8 of Article II of the Bylaws shall be deleted in its entirety and replaced with the following: "8. Director of Finance. The Chief Financial Officer of the City shall act as Director of Finance and financial officer of the Agency." Section 8. Section 1 of Article III of the Bylaws shall be deleted in its entirety and replaced with the following: 11 1. Regular Meetings. Regular meetings of said Agency shall be held every first and third Monday of the month at the hour of 6:30 P.M. in the Council Chambers of the City Hall of said City, whenever necessary to transact Agency business, provided however that whenever the time for holding a meeting falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Board. In all respects meetings of said Agency shall be governed by and be in compliance with the Ralph M. Brown Act (Sections 54950, et seq., of the Government Code of the State of California)." Section 9. The Board hereby authorizes and directs the Executive Director and Agency staff to take any action necessary to execute the actions identified herein. Section 10. The Agency Secretary shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force immediately upon its adoption. APPROVED AND ADOPTED this day of 2010. Chairperson of the Redevelopment Agency of the City of City of Azusa . ATTEST: Agency Secretary I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the day of 2010. AYES: NOES: ABSTAIN: ABSENT: Agency Secretary �,.OF,yrG _- _ U N � �' C9CtFOR�P CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JUNE 7,2010-10:15 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,Secretary Mendoza,Deputy Secretary Toscano. The CONSENT CALENDAR consisting of items F-1 through F-3 was approved by motion of Consent Cal. Director Gonzales,seconded by Director Hanks and unanimously carried. Approved I. Minutes of the regular meeting of May 17,2010,were approved as written. Min appvd 2. The Agency Treasurer's Report as of April 30,2010 was received and filed. Treas Rpt 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.No. 10-R20 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Warrants SPECIAL CALL ITEMS Spec Call Items None. None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 10:16 P.M. SECRETARY NEXT RESOLUTION NO. 10-R21. Fd1 �J.OF_q�G 01111 *: r; AGENCY CONSENT CALENDAR TO: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD FROM: KURT CHRISTIANSEN ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR" .��/1� DATE: JUNE 21, 2010 SUBJECT: NOTICE OF COMPLETION TO THE ABATEMENT AND DEMOLITION OF THE ATLANTIS GARDEN PROJECT RECOMMENDATION It is recommended that City Council: 1. Find that Prime Demolition Inc. of San Pedro, CA, has completed the abatement and demolition of the Atlantis Garden Project No. 505320; 2. Approve the Notice of Completion and authorize the Mayor to execute the document on behalf of the Agency; 3. Authorize the City Clerk to submit said Notice of Completion for recordation to the Office of the County Recorder of Los Angeles County, within ten days of the Agency Board approval, as required by Section 3093 of the California Civil Code. BACKGROUND The project was awarded to Prime Demolition Inc. by the Agency Board on September 28, 2009 in the amount of$303,340.00 which included an alternative bid item in the amount of$17,000.00 for on-site crushing of concrete and asphalt. The work performed by the contractor included the abatement and demolition of twelve-fifteen, 4-Unit (Quadruplexes) multifamily properties, structures and other subsurface parking areas located at the Atlantis Garden Project site. The removal of asphalt and vegetation leaving parcels vacant of all improvements and graded to site level were also part of the work completed. The alternative bid item of on-site crushing of concrete and asphalt was also carried out by the contractor. Work on this project began on October 21, 2009 and all work was completed on June 16, 2010. FISCAL IMPACT The project was completed within budget with a total construction cost of$303,340.00 funded with housing set-aside funds. i Attachment: Notice of Completion RECORDING REQUESTED U -- Redevelopment Agency of the City of Azusa AND WHEN RECORDED MNL TO: r Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard Azusa, California 91702-1395 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is Redevelopment Agency of the City of Azusa 3. The full address of the owner is 213 E. Foothill Boulevard Azusa Califomia 91702 4. The nature of the interest or estate of the owner is: Owner (E.G.,owner in fee OR vendee under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES None 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES None 7. A work of improvement on the property hereinafter described was completed on lune 15, 2010 8. The name of the contractor, if any, for such work of improvement was Prime Demolition Inc. The kind of work done or material furnished was Abatement/Asbestos removal and Demolition of twelve-fifteen 4- unit (Quadruplexes) multifamily properties structures and other subsurface parkine areas located at the Atlantis Garden Project. 9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles, State of California: and is described as follows: APN# 8612-001-012, 013, 014, 017, 018, 032, 033, 037, 039, 040, 048, 052, 060, 064 and 066. 10. The street address of said property is located south of Foothill Boulevard, west of Alosta Avenue and east of Cerritos Avenue in the city of Azusa. (IF NO STREET ADDRESS HAS BEEN ffFICIALLY ASSIGNED,INSERT "NONE") Dated: June 22, 2010 (signature) loseph Rocha Agency Chairman Redevelopment Agency of the City of Azusa VERIFICATION I, the undersigned, say: I am the person who signed the foregoing notice. I have read said notice and know its contents, and the facts stated therein are true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Azusa, California, this 22"a day of June, 2010. (SIGNATURE) r WARRANT REGISTER NO. 21 FISCAL YEAR 2009-10 WARRANTS DATED 05/16/10 THROUGH 05/31/10 FOR REDEVELOPMENT AGENCY MEETING OF 06-21-10 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 821,233.84 80-125-CBD CAPITAL PROJECTS FUND 60,640.67 80-135-WED CAPITAL PROJECTS FUND 80-185-RANCH CAPITAL PROJECTS FUND 80-165-624-2008A TAX ALLOCATION BONDS 81-155-TAX INCREMENT SET-ASIDE FUND 3,057 97 81-165-LM MRG TAB08B HS 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-165-MERGED PROJECT TAX ALLOCATION BONDS 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: - S 84,932.48 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 2010. 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 2010. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 06/17/10 A / P TRANSACTIONS 1 III�T, J[N 17, 2010, 10:31 AM ---req: lea: Q, JIr--lcc: BI-TEM---job: 749769 #J7897---p9m: 0[1520 <1.52> zpt id: CHRM02 PE ID SE= FLIID Vis: 80-82 ; Check Issue Dates: 051610-053110 PE ID PE Nam Invoice Uzber Description Inv Date Due Date Div St Ac crit AnD.Int V00270 ATHENS SERVICES 364722000043010 Safi 634N SAN G�ERIEL AVE 04/30/10 05/31/10 1 FD 8010125000-6815/5058 166.14 PE ID: V00270 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 U�.d: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 166.14 Paid: 166.14 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 166.14 Total: 166.14 V00331 FEE RAT EXPRESS 706628268 117052788/T.LEMY HDPFINS 04/23/10 05/08/10 1 PD 8010125000-6345/5058 18.44 PE ID: V00331 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 a�yd: 0.00 Tax: 0.00 Chrg: 0.00 Dtty: 0.00 IJisc: 0.00 Dist: 18.44 Paid: 18.44 Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 18.44 Total: 18.44 V00363 AaJSA CHWEERR O 1107 STPM OF =/14TICStElS 02/17/10 05/30/10 1 PD 8010110000-6235 20.00 PE ID: V00363 Totals: Tax: 0.00 Clrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 tkVaid: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 20.00 Paid: 20.00 Tax: 0.00 Chug: 0.00 Arty: 0.00 Disc: 0.00 Dist: 20.00 Total: 20.00 V00388 VERIZCN 6261975078042810 626-1975078 04/28/10 05/22/10 1 PD 8010110000-6915 20.82 PE ID: V00388 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 �rd: 0.00 Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 20.82 Paid: 20.82 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 20.82 Total: 20.82 V00876 K%SHIIW'ILN nJIU 2335/1001010 PY#10/10 05/19/10 05/19/10 1 PD 8000000000-3010 4.57 FE ID: V00876 'Ibtals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 d: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 4.57 d: 4.57 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 4.57 'Total: 4.57 City of Azusa HP 9000 06/17 10A / P TRANSACTIONS IIID, JCN 17, 2010, 10:31 AM ---req: -------leg: C4, JTr--lcc: BI-TEXII---job: 749769 #J7897---Pgn: X20 <1.52> rpt id: C€RIo2 SRI': PE ID SE= FLM Claes: 80-82 ; Check Issue Lhtes: 051610-053110 PE ID PE Naree Invoice Nurber Des=pticr Inv Date Aie Date Div St Aecaz t A nZt V01305 AMEA CITY FED 2610/1001010 10 10 05/19/10 05/19/10 1 PD 8000000000-3035 285.00 PE ID: V01305 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 ik�t�id: 0.00 Tax:Tax: 0.00 Chrg: 0.00 _ y: 0.00 Disc: 0.00 Dist: 285.00 Paid: 285.00 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 285.00 Total: 285.00 V02371 SPRINT' 864888819029 864888819-029/AEKARJ SW 04/29/10 05/19/10 1 PD 8010110000-6915 10.00 PE ID: V02371 Totals: T�ix: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00. Dist: 0.00 Lh 'd: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 10.00 Paid: 10.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 10.00 Total: 10.00 V03126 LEUMN MMCNA 2325/1001010 _ PY#10/10 05/19/10 05/19/10 1 FD 8000000000-3010 50.00 PE ID: V03126 Totals: Tax: 0.00 Clog: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 ih �d: 0.00 Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 50.00 Paid: 50.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 50.00 Total: 50.00 V04678 VMIZCN WIRELES 0846330674 0846330674/ S� 02/23/10 03/30/10 1 PD 8010110000-6915 82.43 V04678 VERIZCN WIRE[ES 0855360389 271585569-00001 KA MK 03/23/10 04/30/10 1 FD 8010110000-6915 85.07 PE ID: V04678 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 Ur ��d: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 167.50 Paid: 167.50 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 167.50 Total: 167.50 V05574 IRON nUgIAIN R BW4143M4151 BW4143-9&4151 Invoiaes 04/30/10 05/30/10 1 PD 8010110000-6493 128.88 PE ID: V05574 Totals: Tax: 0.00 Chug: 0.00 Atty: 0.00 Disc: 0.00 Dist: 0.00 �u d: 0.00 Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 128.88 Paid: 128.88 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 128.88 Total: 128.88 City of Azusa HP 9000 06/17/10 A / P TRANSACTIONS � 3 IHU, JLV 17, 2010, 10:31 PM ---req: -------leg: Q, JL---loc: BI-TD I---job: 749769 #J7897---pgn: X20 <1.52> rpt id: 02 PE ID SE= FUM Codes: 80-82 ; Check Issue Rtes: 051610-053110 PE ID PE Nane Invoice Urber Descripticn Inv Date We Nate Div St AcomEnt PTomt V05613 A T & T 6263345464042410 0517751058001/626-3345464 04/24/10 05/25/10 1 FD 8010110000-6915 6.35 PE ID: V05613 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 Lhnai 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 6.35 Paid: 6.35 Tax: 0.00 cywj: 0.00 Duty: 0.00 Disc: 0.00 Dist: 6.35 Total: 6.35 V06703 PEUFCMvA Q= 0660006650 SNEPA EaAVIDES a)SINESS 04/26/10 05/25/10 1 PD 8010110000-6539 12.79 PE ID: V06703 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00L��d: 0.00 Tax: 1.14 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 11.65 Paid: 12.79 Tax: 1.14 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 11.65 Total: 12.79 V06783 CTTIST=. 2315/1001010 PY#10/10 05/19/10 05/19/10 1 PD 8000000000-3010 118.83 PE ID: V06783 Totals: Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00.Dist: 0.00 LMal d: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 118.83 Paid: 118.83 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 118.83 Total: 118.83 V06940 LMM SDLL & LU 11448 FY 2009/10 ALDTF-RDA 04/15/10 05/25/10 1 PD 8010110000-6315 2,000.00 PE ID: V06940 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 a: 0.00 Ttlx: 0.00 �: 0:00 Duty: 0.00 Disc: 0.00 Dist: 2,000.00 d: 2,000.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 2,000.00 Total: 2,000.00 V07241 EaAVIDES, SAM 052310 TPAVSL AW/ICSC LUDMS 05/06/10 05/20/10 1 PD 8010110000-6235 528.76 PE ID: V07241 Totals: Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 0.00 UlDai.d: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 528.76 Paid: 528.76 Tax: 0.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 528.76 Total: 528.76 City of Azusa HP 9000 06/17/10 A / P TRANSACTIONS pPaaces JUi 17, 2010, 10:31 AM ---req: Cg -------leg: , JL,--loc: BI-TET�I---3cb: 749769 W7897---p9m: CUB20 <1.52> rpt id: C%RET`IO2 PE ID SE= FOND mss: 80-82 ; Check Issue Dates: 051610-053110 PE ID PE Narre Lwoioe Nurrber D`scripticn • Inv hate Due Date Div St Aooamt A Dunt V08046 DA='S PIZZA 218930 ME LN 855E ALCSIA 05/25/10 05/25/10 1 PD 8010125000-7035 11,750.00 V08046 DALIA'S PIZZA 218930 FF&E II/ 855E ALCSIA 05/25/10 05/25/10 1 ED 8010125000-1810 11,750.00 V08046 UUTA'S PIZZA 218930 ME L 855E ALCM 05/25/10 05/25/10 1 PD 8010125000-2901 -11,750.00 PE ID: V08046 Totals: Tom: 0.00 C1Zg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 0.00 LIIuz3id: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 11,750.00 Paid: 11,750.00 Tat: 0.00 Chzg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 11,750.00 Tbtal: 11,750.00 050610 LIFE V08056 � � 050610D DISAB�010 05/07/10 0510 /18/10 1 PD 10 1 PD 8000000000-3044 337.78 PE ID: V08056 Tbtals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 d: 0.00 chrg. 0.00 Duty: 0.00 Disc: 0.00 Dist: 442.78 Paid: 442.78 Ttx: 0.00 a"�g: 0.00 Duty: 0.00 Disc: 0.00 Dist: 442.78 Total: 442.78 V10322 M & T BANK MI-5/25/10 Defrd CkzrP Pbl/Payroll 05/25/10 05/25/10 1 PD 8000000000-3010 369.17 PE ID: V10322 Totals: Tlx: 0.00 Chug: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 T� d: 0.00 Tex: 0.00 Clung: 0.00 Duty: 0.00 Disc: 0.00 Dist: 369.17 Paid: 369.17 Tlx: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 369.17 'Ibtal: 369.17 V11353 CHPJSTIANSFN, K 052310 TRAVEL ADVIICAC LVDMS 05/06/10 05/20/10 1 PD 8010110000-6235 956.97 PE ID: V11353 Tttals: Tax: 0.00 Cl-rg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 0.00 d: 0.00 Tom: 0.00 Churg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 956.97 Paid: 956.97 Tlx: 0.00 C11rg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 956.97 Tbtal: 956.97 V11440 ADVPNMM GUUP 62091 FLEX REM ALMIIN FEES/APR 04/30/10 05/20/10 1 PD 8000000000-2724 2.45 PE ID: V11440 Totals: T�rx: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 thrid: 0.00 City of Azusa HP 9000 06/17 10A 6P T R A N S A C T I O N S � 5 JN 17, 2010, 10:31 AM ---req: -------leg: JIr--loc: BI-TFJ�I---jcb: 749769 #J7897---pgn: X20 <1.52> rpt id: 02 P: FE ID SECEC.T FUND Odes: 80-82 ; Check Issue Dates: 051610-053110 PE ID FE Nage IT.,oice Nxrber D scripticn Inv Date Dae Date Div St Ac=t ATcmt Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 2.45 Paid: 2.45 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 2.45 'Ibtal: 2.45 V11555 DELTA= USA 3532628 HAD PRFM MV2010/02012-00 05/07/10 05/18/10 1 PD 8000000000-3052 45.21 PE ID: V11555 'Ibtals: Tax: 0.00 ctxq: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 Lipid: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 45.21 Paid: 45.21 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 45.21 Tbtal: 45.21 V11556 DELTA DFNML 050710 PFO I32FM M%Y2010/5851 000 05/07/10 05/18/10 1 PD 8000000000-3052 360.22 FE ID: v11556 'Ibtals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 Upal 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 360.22 Paid: 360.22 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 360.22 Total: 360.22 V11824 URIPN RIIlg2E5 I 0410015 3/10 PR7 M L�IISC r(0)410- 10- 04/08/10 05/08/10 1 PD 8110155000-6345/5053 1,998.75 V11824 URBAN FUTURES I 0410015 3/10 PR7 SC 10- 04/08/10 05/08/10 1 PD 8010125000-6345/5058 12,048.75 V11824 URBAN FUIURES I 0410015 3/10 PRT 0 SC 04/08/10 O5/OS/10 1 FD 8010125000-6345/6502 341.25 V11824 URBAN FUIURES I 0410015 3/10 PRJ SC10- 04/08/10 05/08/10 1 PD 8010110000-6345 9,675.00 V11824 URBAN FUTURES I 0410016 3/10 PRJ MISC T 04/08/10 05/08/10 1 PD 8010110000-6345 2,628.54 V11824 URBAN FUIURES I 0410016 3/10 PRT M3�II'-K T 04/08/10 05/08/10 1 FD 8010125000-6345/5058 4,354.59 V11824 URBAN FUIURES I 0410016 3/10 PR,I MIC4 f / T 04/08/10 05/08/10 1 PD 8010125000-6345/6502 1,294.59 V11824 URBAN RM-FES I 0410016 3/10 PRT M3"II'-MISC T 04/08/10 05/08/10 1 PD 8110155000-6345/5053 1,059.22 V11824 URBAN FUTURES I 0410016 3/10 PRI N=-NU T 04/08/10 05/08/10 1 PD 8010125000-6345/5057 156.92 V11824 URBAN FUIURES I 0410016 3/10 PRJ M3VT-MIS T 04/08/10 05/08/10 1 PD 8010125000-6345/6502 156.92 V11824 URBAN FUIURES I 0410016 3/10 HRJ M3"II'-MIT 04/08/10 05/08/10 1 PD 8010125000-6345/5047 78.46. V11824 LREY'N FUIUI ES I 0410016 3/10 PRT M3"II'-NH T 04/08/10 05/08/10 1 PD 8010125000-6345/5059 78.46 V11824 URBAN FUIURES I 0410016 3/10 PPJ =4f /LNIlf/T 04/08/10 05/08/10 1 PD 8010125000-6345/5053 196.15 FE ID: V11824 Totals: Tax: 0.00 airg: 0.00 Duty: 0.00 fisc: 0.00 Dist: 0.00 �T ted: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 34,067.60 Paid: 34,067.60 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 34,067.60 Total: 34,067.60 City of Azusa HP 9000 06/17/10 A / P TRANSACTIONS P aqe II�U J(N 17, 2010, 10:31 PM ---xe3: ZE-------le3: Q, JL BI-Mi 749769 #J7897---p9m: X20 <1.52> rpt id: CURM02 SORT: PE ID SEDT Fm Odes: 80-82 ; Check Issue Dates: 051610-053110 PE ID PE Narre Dmvice NuTber Description Inv Date Due Date Div St Acczx= Amazit V12168 BLD= CJJVlYNY SF000017274 RETAIL MECO' S= SOLS PER 03/31/10 05/20/10 1 PD 8010125000-6340 30,000.00 PE ID: V12168 'Ibtals: Tlx: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 i� d: 0:00 Tax: 0.00 00 �rg. 0.00 Duty: 0.00 Disc: 0.00 Dist: 30,000.00 Paid: 30,000.00 Chrg: 0.00 Arty: 0.00 Disc: 0.00 Dist: 30,000.00 Total: 30,000.00 V95767 ARBITRAL CCMPL G1246 2008A TAB ARB REB CALC-Fy 03/31/10 05/30/10 1 PD 8010110000-6610 1 700.00 V95767 ARBITRALS CCMPL G1246 2008B TAB ARB RFS CPaC-Fy 03/31/10 05/30/10 1 PD 8010110000-6610 1;700.00 PE ID: V95767 Totals: Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 Lhid: 0.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 3,400.00 Paid: 3,400.00 Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 3,400.00 Total: 3,400.00 --------------------------------------------------------------------------------------------------------------- GRAND TOTALS Tax: 0.00 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 0.00 " .d: 0.00 Tax: 1.14 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 84,931.34 Paid: 84,932.48 Tax: 1.14 Chrg: 0.00 Duty: 0.00 Disc: 0.00 Dist: 84,931.34 Total: 84,932.48