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HomeMy WebLinkAboutAgenda Packet - April 18, 2011 - CCAGENDA REGULAR MEETING OF THE CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, APRIL 18, 2011 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS MAYOR PRO -TEM URIEL E. MACIAS COUNCILMEMBER NOTICE TO THE PUBLIC ANGEL CARRILLO COUNCILMEMBER ROBERT GONZALES COUNCILMEMBER Copies ofstaffreports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion o f the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk -prior to the start ofthe City Council meeting. When called, each person may address any item on or off the agenda during the public participation. 6:30 P.M: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957 6) Agency Negotiators: Administrative Services Director -Chief Financia] Officer Kreimeier and City Manager Delach Organizations APMA 04/18/11 2. 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. ATLANTIS GARDENS SITE Cedarglen Drive Address: 641 N. Glenfinnan Avenue Address Address: 633 N. Glenfinnan Avenue Address Address: 629 N. Glenfinnan Avenue Address Address: 630 N. Glenfinnan Avenue Address Address: 606 N. Glenfinnan Avenue Address Address: 600 E. 6th Street Address Address: 610 E. 6th Street Address Address: 630 E. 6th Street Address Address: 670 E. 6th Street Address Negotiating Parties: Mercy Housing 616 N. Cedarglen Drive 628 N. Cedarglen Drive, 601 N. Cedarglen Drive 615 N. Cedarglen Drive 627 N. Cedarglen Drive . 630 N. Cedarglen Drive 611 E. Lime Street 627 E. Lime Street 645 E. Lime Street b. NEC AZUSA/ARROW SITE Address: 17511 E. Arrow Hwy, Azusa, CA 91702 Address: 17525 E. Arrow Hwy Negotiating Parties: Charvat Family L.L.C. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: City Manager Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. 1. Call to Order 2. Pledge to the Flag 3. Invocation — Father Gustavo Castillo of Saint Frances of Rome Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up tofive (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after- the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Council confirmation of continued Committee Assignments. 04/18/11 - 2 - 2. CROSSING GUARD COSTS RECOMMENDED ACTION: Review and consider providing staff direction and/or budget policy. C. SCHEDULED ITEM CONSIDERATION OF AN URGENCY ORDINANCE PLACING A MORATORIUM ON TATTOO ESTABLISHMENTS IN THE CITY. - RECOMMENDED ACTION: If the City Council desires to study the establtishment of tattoo parlors that have proliferated in the City, it may adopt an urgency ordinance placing a moratorium on tattoo establishments during the period when such analysis occurs. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 4 2011. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VASQUEZ & COMPANY LLP FOR ACCOUNTING SERVICES TO FARECAL RECOMMENDED ACTION: Authorize the Mayor to execute professional services agreement with Vasquez & Company LLP for accounting services to the Financing Authority for Resources Efficiency of California (FARECal) in amount not to exceed $42,400, with annual option to extend services up to three years for $7,620 per year. 04/18/11 - 3 - 4. LETTER OF OPPOSITION TO AB 438 (WILLIAMS) COUNTY LIBRARIES: WITHDRAWAL'S RECOMMENDED ACTION: Submit a letter to our state legislators, opposing AB 438 (Williams) County Libraries: Withdrawal. 5. AWARD OF CONTRACT — POLICE STATION ROOF RESTORATION RECOMMENDED ACTION: Award a contract to Midwest Roofing Company of Gardena, California in the amount of $74,500.00 for the Police Station Roof Restoration. �� !� CONTRACT EXTENSION — AGREEMENT FOR MAINTENANCE SERVICES, STREET SWEEPING, ATHENS SERVICES. RECOMMENDED ACTION: Authorize the City Manager to exercise the first one-year extension to the existing contract with Athens Services to perform street sweeping services including a CPI increase of 2.27%. 7. ADOPTION OF A RESOLUTION APPROVING POLICY AND PROCEDURES FOR THE PRESENTATION OF CITY PROCLAMATIONS AND RECOGNITION AWARDS RECOMMENDED ACTION: Adopt Resolution No. 11-C30, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY. 8. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 11-C31. CONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY SCHEDULED ITEMS None. 04/18/11 - 4 - j 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 THE MINUTES OF THE REGULAR MEETING OF APRIL 4 2011. RECOMMENDED ACTION: Approve Minutes as written. 2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 11-R19. ADJOURN AS THE REDEVELOPMENT AGENCY AND RECONVENE AS THE CITY COUNCIL G. ORDINANCES/SPECIAL RESOLUTIONS t 1. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE AMENDING CHAPTER 88.24 OF THE AZUSA MUNICIPAL CODE PERTAINING TO OFFICE USES IN THE DOWNTOWN TOWN CENTER DISTRICT (CODE AMENDMENT ZCA 231) RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 11-03, amending the Azusa Municipal Code Chapter 88.24 Districts allowing Professional Office use on the ground floor in the Downtown Town Center District, except on Azusa Avenue and San Gabriel Avenue. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE AMENDING CHAPTERS 88.42.082, 88.36.50.88.24.005, 88.42.120, 88.32, & 88.70.020 OF THE AZUSA MUNICIPAL CODE PERTAINING TO THE IMPLEMENTATION OF PROGRAMS 10 14 and 15 IDENTIFIED IN THE 2008-2014 HOUSING ELEMENT UPDATE (CODE AMENDMENT ZCA 232) RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. I1-04, amending the Azusa Municipal Code Chapter 88.42.082; 88.36.50; 88.24.005; 88.42.120; 88.32; and 88.70.020 of the Development Code to implement Programs 10, 14, and 15 of the 2008-2014 Housing Element. 04/18/11 -5 - H. ADJOURNMENT 1. Adjourn in memory of Delia Chaidez Ayon. UPCOMING MEETINGS: April 25, 2011, Utility Board Meeting — 6:30 p.m. Azusa Light and Water Conference Room May 2, 2011, City Council Meeting — 6:30 p.m. Azusa Auditorium May 16, 2011, City Council Meeting — 6:30 p.m. Azusa Auditorium May 23, 2011, Utility Board Meeting — 6:30 p.m. Azusa Light and Water Conference Room In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations. Azusa City Clerk's Office - 213,L Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 04/18/11 - 6 - '1;144 t l'; 17;lkiktRil;4tikliClkiiTtikiiiR144 : ape+ 14 LAZUS 14 2011 The City of Azusa's 14 14 Recreation and Family Services Department Cordially invites you and your family14 to join us for the lk 14 144- ' V 4 1k 144 i lk lk lk 1k lk „_._ ilk 14 AZUSA LIGHT &WAA lii" ik 2011 ARBOR DAY CELEBRATION14 Thursday, April 21, 2011 San Gabriel Canyon Gateway Center Ilc 14 1950 N. San Gabriel Canyon Rd. lk 14 Azusa. CA 91702 5:00 p.m. lk lk V For more information, please call (626) 812-5280. lk "Creating a Lifetime of%femories for tiie Entire T'amify" lk1klklc1klk1k1k1k1k1k1k1k1k1k { f COMMITTEE ASSIGNMENTS APRIL 2009 - MARCH 2011 OUTSIDE AGENCY BOARD AND COMMITTEE ASSIGNMENTS AZUSA AGRICULTURAL WATER CO. Annual meeting — Third Tuesday in September BOARD OF DIRECTORS LEAGUE OF CALIFORNIA CITIES 1400 K Street. 4th Floor Sacramento, CA 95814 CITY SELECTION COMMITTEE Commission Service Meets on call of the chairman, notice sent 500 W. Temple, Room 383 Los Angeles, CA 90012 (213) 974-1431 FOOTHILL TRANSIT AUTHORITY Meets 4" Friday of the month, notice sent Contact: Cristina (626) 967-3147 100 S. Vincent, Suite 200 W. Covina, Ca 91790 GOLD LINE II JOINT POWERS AUTHORITY 406 E. Huntington Drive, Suite 202 Monrovia, CA 91016-3633 Contact: Emily 305-7002 Meets 2nd Thursday of each month City of Arcadia PD Conference Room 4 p.m. Representative Keith Hanks Alternate Robert Gonzales Representative by Resolution No. 07-C28 Angel Carrillo. Alternate Joseph R. Rocha Representative — Mayor by Resolution No. 07-C29, Joseph R. Rocha Representative Keith Hanks Alternate Uriel Macias Representative Uriel Macias Alternate Angel Carrillo INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY Representative — Mayor by Resolution Bickmore Risk Services — 562-508-4381 No. 07-C32. Contact: Chris Retama 3760 Killroy Airport Way #360 Long Beach, CA 90806 i LOS ANGELES COUNTY SANITATION DISTRICT #22 Representative—Mayor byResolution No. Meets 4" Wednesday of the month, 1:30 p.m. 07-C30, Joseph R. Rocha Contact: Kim Compton, (562) 699-7411 ext. 1101 Alternate Keith Hanks 1955 Workman Mill Rd., Whittier 90601 of L.A. WORKS (formerly SGV Consortium) Meets 3rd Thursday of the month 4:00 p.m. Contact: (626) 960-3964 ext. 2223 Susie Villanueva 5200 Irwindale Ave., Suite 210 Irwindale CA 91706 Joseph R. Rocha, Representative Alternate Robert Gonzales SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Representative by Resolution No. 07-C31, Meets 3" Thursday of the month Angel Carrillo, Alternate Uriel Macias 6:00 p.m. — Contact: Kathy Boyd (626) 457-1800 1000 S. Fremont, Unit 42 Alhambra, CA 91803 SAN GABRIEL VALLEY HUMANE SOCIETY JOINT POWERS AUTHORITY Meets 1" Wednesday of the month as needed (called by Chairman) 7:00 p.m.; notice sent, Temple City Council Chambers 9701 Las Tunas Drive, (626) 286-1159 SAN GABRIEL VALLEY MOSQUITO R. VECTOR CONTROL DISTRICT term 1145 N. Azusa Canyon Road West Covina, CA 91790 Meets 2"d Friday of the month Representative Robert Gonzales Joseph Rocha Reappointed 9/20/10 to 12/31/12 2 year Alternate — Robert Gonzales SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Keith Hanks — appt neighboring cities Meets I" Thursday of the month, notice sent Contact: Debbie Salcedo (213) 236-1800 818 W. Seventh St., 12'h Floor Los Angeles, CA 90017 GOLD LINE II Keith Hanks Construction Authority 406 East Huntington Drive, Suite 202 Monrovia, CA 91016-3633 Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to approve the confirmation of continued Council Committee Assignments. The above noted action was taken at the City Council meeting of April 20, 2009 Candace Toscano Assistant City Clerk STAFF UPDATES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER4�U DATE: APRIL 18, 2011 SUBJECT: CROSSING GUARD COSTS RECOMMENDATION It is recommended that City Council review and considers providing staff direction and/or budget policy. BACKGROUND At the City Council meeting of April 4, 2011, I reported on information pertaining to the pedestrian involved accident at I s` Street and Rockvale Avenue on March 29, 2011. In the report I addressed information requested by Council Members relating to any potential measures that could be taken and their related costs. At the meeting it was requested that I report back on the cost for a "Crossing Guard" for the intersection for the remainder of the school -year. The cost for the estimated 43 -day period is $1,721. Asa reminder, the annual cost for this addition is $7,420 in addition to the estimated $161,300 for next year's budget. Additionally most agencies do not fund crossing guards at signalized intersections, particularly without grade schools in close proximity. Azusa is also one of the only cities in the entire region that furnishes crossing guards at Kindergarten facilities. The cost of this policy is $50,000 annually. Another option is re -prioritization of future Crossing Guard resources. I FISCAL IMPACT The fiscal impact would be $1,721 for this fiscal year and potentially $7,420 in the next fiscal year. F SCHEDULED ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY VIA: F.M. DELACH, CITY MANAGER �� DATE: APRIL 18, 2011 / `I SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE PLACING A MORATORIUM ON TATTOO ESTABLISHMENTS IN THE CITY RECOMMENDATION If the City Council desires to study the establishment of tattoo parlors that have proliferated in the City, it may adopt an urgency ordinance placing a moratorium on tattoo establishments during the period when such analysis occurs. BACKGROUND Following a staff meeting on April 11, 2011 to discuss the concern that there are seven tattoo parlors located within the City (See Attachment A for list and location of each one), staff directed the City Attorney to draft an ordinance banning tattoo establishments within the City. Accordingly, the City Attorney's Office drafted a proposed urgency ordinance that would prohibit the issuance of permits or licenses to tattoo establishments while the issue was discussed and studied. ANALYSIS On September 9, 2010, the Ninth Circuit Court of Appeals held in Anderson v. City of Hermosa Beach that municipal ordinances which effectively prohibited the establishment of tattoo parlors within city limits were not allowed. While the Ninth Circuit noted that unsanitary conditions of tattoo establishments and the tools used in the trade carry with them a high risk of infection and disease, these risks can be curtailed by regulations requiring technicians and parlors to maintain a certain level of cleanliness and to follow prescribed safe practices. Thus, the Anderson Court essentially eschewed prohibition in favor of regulation. The Anderson decision places the Ninth Circuit at odds with other federal courts of appeal; thus, there is a possibility that the Ninth Circuit's holding will be reviewed by the Supreme Court, Nonetheless. Anderson places the regulation of tattoo parlors in question. As an urgency ordinance, the moratorium on tattoo parlors would ban any such establishments from opening their doors within City limits for a 45 -day period upon adoption of the ordinance. This period is intended to give the City Council, the Planning Commission, the Planning Division, the Police Department and the City Attorney's Office the opportunity to study the appropriate level of regulation of tattoo establishments in the City. It also affords the City an opportunity to see if and how the Anderson decision evolves. Upon expiration of the 45 -day period, the City may elect to further extend the moratorium for up to two years during which time the City must proceed with the analysis of how to regulate tattoo establishments. FISCAL IMPACT There is no fiscal impact associated with this item. ATTACHMENTS A — Tattoo Parlor locations within the City B — Draft Interim Urgency Ordinance a I ATTACHMENT A List of Tattoo Parlors within the City of Azusa Unlimited Body Art. Tattoo Angels. Another Unlimited Tattoo. Unlimited Tattoo #3. Cryptic Tattoo. Unlimited Tattoo. Unlimited Tattoo. 359 S Irwindale Ave. 1 111 W Foothill Blvd. 196 S Irwindale Ave. 943 W Foothill Blvd. 941 W Foothill Blvd 3 1022 W Gladstone St. 750 W. Foothill Blvd. Start date: 04-14-05 Start date: 11-27-06 Start date: 08-05-08 Start date: 12-21-09 Start date: 02-11-10 Start date: 01-25-11 Start date: 02-24-11 r ORDINANCE NO. _ AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF TATTOO PARLORS PURSUANT TO GOVERNMENT CODE SECTION 65858 WHEREAS, on September 9, 2010, the Ninth Circuit Court of Appeals issued a decision in Anderson v. City of Hermosa Beach holding that a municipal prohibition on the establishment of tattoo parlors is an unconstitutional restriction on freedom of expression; and WHEREAS, the Ninth Circuit's Anderson holding is at odds with the holdings of various other federal appellate court decisions, thereby creating a likelihood of appeal to the Supreme Court of the United States and, therefore, has put the ability of municipalities to regulate tattoo parlors and establishments in a state of flux; and WHEREAS, there is a significant risk of injury to tattoo parlor customers by the improper use and possible unsanitary condition of the tools used by tattoo parlor technicians to permanently transfer pigmentation onto the skin's surface. Additionally, if tattoo establishments were allowed to operate, they should be located in the appropriate zone in the City of Azusa ("City") and subject to reasonable regulation to protect customers of such establishments; and WHEREAS, although tattoo establishments are permitted in restricted zones in the City and specifically addressed in the Azusa Municipal. Code ("AMC") the City has concerns about the proliferation of such establishments. The City Council has directed staff to study the issue of tattoo establishments and has asked the City Attorney to research legal issues and draft an ordinance banning the issuance of permits or licenses for tattoo establishments in the City while the issue is being studied. There is a likelihood that the City will receive an application for a tattoo parlor before it can properly evaluate where future tattoo establishments should be allowed, what regulations should be adopted to protect customers of such establishments and where such establishments should be located; and WHEREAS, to address the apparent conflict in laws, as well as the community, statewide, and federal concerns regarding the establishment of tattoo parlors, it is necessary for the City to study the potential impacts such establishments may have on the public health, safety, and welfare, what City regulations, if any, should be imposed on such establishments and where such establishments should be located if the City cannot ban such establishments; and WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, by a four-fifths vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance. In addition to the recitals stated above, the City Council hereby finds and determines that the absence of adequate regulation of the operations of tattoo establishments constitutes an immediate threat to the public health, safety and welfare. The adoption of this ordinance is necessary for the immediate protection of the public safety, health and welfare. SECTION 2. The purpose of this interim urgency ordinance is to establish a moratorium on the approval or issuance of any new use permits, variance, building permit, business license, operator's permit, or other applicable entitlement to tattoo establishments in the City, for the immediate preservation of the public health, safety and welfare. For purposes of this ordinance, the term "tattoo" means an indelible mark or figure viewable on or through skin created by inserting pigment under the surface skin of a human being by pricking with a needle or otherwise. A "tattoo establishment" may include a place where body art is applied or where body piercing service is provided. SECTION 3. During the time this ordinance is in effect, no new operator's permit, use permit, variance, building permit, business license, or other entitlement for the establishment or operation of a tattoo establishment in the City shall be issued or approved, nor shall any existing permit for a tattoo establishment be transferred to a new location. SECTION 4. The requirements of this ordinance shall have no application and no effect upon and shall not be construed as applying to the following: A) any treatment administered in the practice of medicine by a physician licensed to practice in this state, or under the personal supervision of such a physician; or B) the application of permanent make-up or cosmetic reconstruction by a licensed cosmetologist, electrologist, or nurse, as defined in the California Business and Professions Code, who has received additional training in the procedures, practices, and techniques of permanent make-up application and cosmetic reconstruction, including the appropriate sanitary practices. 1) t SECTION 5. The City Council hereby enacts this interim urgency ordinance by not less than a four-fifths vote, and in light of the findings set forth in Section 1, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858 of the California Government Code, which allows the City to adopt an interim urgency ordinance prohibiting land uses which may be in conflict with a zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. The City Council hereby directs the Police and Planning Departments and the City Attorney to consider and study possible means of regulating tattoo establishments and tattoo technicians, including zoning -based regulations and other regulations SECTION 6. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance. SECTION 7. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that- it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 8. This ordinance shall become effective imine ' y upon adoption if adopted by at least a four-fifths vote of the City Council an main in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in Government Code Section 65858. SECTION 9. The City Clerk of the City of Azusa shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Azusa on this day of 2011, by the following vote: 3 t I i AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Best Best & Krieger, LLP Joseph Rocha, Mayor CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONtNEL OFFICER VIA: F.M. DELACH, CITY MANAGER DATE: APRIL 18, 2011 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On April 12, 2011, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY PW Vidal Street Maintenance Merit Increase 8174/5 Villa omez Worker III• 02/08/2011 $4,984.38 PD Cherie Eads Police Officer Merit Increase 6101/2 03/09/2011 $5,771.73 PD Lauren Ferrari Police Officer Merit Increase 6101/4 05/21/2011 $6,369.40 PD DeWayne Police Sergeant Merit Increase 6501/4 Eldridge 05/16/2011 $7.779.92 ECD Kimberly Cooke Assistant Planner Merit Increase 4190/5 05/06/2011 $5,697.19 UTL Steve Gonzalez Water Distribution Merit Increase 5167/3 Worker I 04/05/2011 $4,056.63 B. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been re nested bv de artment head(s) pursuant to the Rules of the Civil Service System. DEPARTMENT NAME CLASSIFICATION FROM/TO ': EFFECTIVE.- DATE RANGE/STEP BASE MO. SALARY UTL Derek Baird From: Water Distribution 03/23/2011 5250/3 Worker II $5058.35 To: Water Distribution Worker III UTL Richard Gonzales From: Water Distribution 03/06/2011 5250/3 Worker II $5058.35 To: Water Distribution Worker III B. SEPARATION: The followinia se arations are submitted for informational pu oses. DEPARTMENT NAME.: CLASSIFICATION EFFECTIVE DATE PD Frank Cueva, Jr. I Police Officer Trainee 03/30/2011 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. CONSENTITEM TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER I EE FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: APRIL 18, 2011 SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VASQUEZ & COMPANY LLP FOR ACCOUNTING SERVICES TO FARECAL RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute professional services agreement with Vasquez & Company LLP for accounting services to the Financing Authority for Resources Efficiency of California (FARECal) in amount not to exceed $42,400, with annual option to extend services up to three years for $7,620 per year. BACKGROUND On November 22, 2010, the Azusa Utility Board approved an Agency Agreement between the Financing Authority for Resource Efficiency of California (FARECal) and the City of Azusa, and authorized staff to issue a Request for Proposals (RFP) on behalf of FARECal for auditing, accounting and record-keeping services, in compliance with the Agency Agreement. As you may recall, FARECal was created as a Joint Powers Authority on July 1, 1993, for mainly the purpose of serving as an issuer of debt to finance the development of i public utility infrastructure. FARECal has been operated under the auspices of the California Municipal Utilities Association (CMUA)-since inception and the last audited financial report was completed for FY 2004-05. Vasquez & Company LLP March 28, 2011 Page 2 According to the audited financial report for period ended June 30, 2005, the following agencies had outstanding debt issued through FARECal: Utility 1994 Series 1997 Series 2003 Series Total Riverside•(Water) $3,425,000 3,425,000 Anaheim (Electric) $21,630,000 21,630,000 Colton (Electric) 16,190,000 16,190,000 Trinity 1,370.000 1,370,000 Azusa (Water) 19,530,000 19,530,000 Azusa (Electric) 11,650,000 11,650,000 Total Investments 3,425,000 39,190,000 31,180,000 73,795.000 In order to bring FARECal into compliance with accounting requirements, the City of Azusa agreed to issue an RFP for accounting services for each fiscal year, from FY 2005- 06 through FY 2009-10 for FARECal. The RFP was developed and issued by Azusa staff on February 10, 2011, and the following firms submitted proposals by the proposal deadline of March 14, 2011: 1. Mellon, Johnson & Reardon (Ontario, CA): $162,000; 1,450 hours 2. Nicholson & Olson (Roseville, CA - Current Firm): $122,900; 1,116 hours 3. Montgomery, Niemeyer & Co. (Covina, CA): $120,000; 1,110 hours 4. Vicenti, Lloyd & Stutzman, LLP (Glendora, CA): $77,815; 533 hours 5. Moss, Levy & Hertzheim, LLP (Beverly Hills, CA): $64,440; 1,115 hours 6. Vasquez & Company LLP (Los Angeles): $42,400; 372 hours Although Vasquez & Company provided the lowest quote and lowest number of hours for this engagement, staff notes that the following agencies have decreased their outstanding debt issued through FARECal: • Riverside paid off debt of $3,425,000 in 11/2005. • Anaheim paid off debt of $21.6 million on 2/7/2007. • Colton paid down substantial portion of outstanding debt in 7/2007, and has a remaining balance of about $1.762 million, with the last payment due on 4/1/2012. • Trinity paid off debt on 10/13/2010. • Azusa has continuing obligations through the year 2023 for Series A Certificates of Participation (COP), Series B COP, and through the year 2017 for Series C COP. Based on above, staff believes that the accounting work can be completed in fewer hours than the number of hours put forth by most firms, and so is recommending that Vasquez & Company LLP be selected for this engagement. Vasquez & Company has agreed verbally to the standard Professional Services Agreement used by the City of Azusa, and so an execution copy will be prepared for this engagement following approval by the City Council on selection of Vasquez & Company. The FARECal Board has agreed to reimburse the City of Azusa for non -Azusa related work. Vasquez & Company LLP March 28, 2011 Page 3 f Given the RFP process and proposed pricing by Vasquez & Company, Utilities staff requested a letter proposal as a supplement to the original proposal from Vasquez & Company to cover three additional years of accounting services to FARECal, for FY 2011-12, FY 2012-13 and FY 2013-14. Services for each year would be approved as an option, based on successful performance of the original scope of work -and prior year services. Vasquez & Company's proposed pricing for these additional years is $7,620 per year. Staff will incorporate these optional years into the professional services agreement following approval by the City Council. FISCAL IMPACT A budget amendment in amount of $42,400 will be administratively processed following approval by the Azusa City Council of this item. Reimbursement revenues will be available to Azusa from FARECal pursuant to the Agency Agreement. Subsequent year services beyond FY 2010-11 will be $7,620 per year with option to extend up to three years. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities PROPOSAL FOR ACCOUNTING SERVICES FINANCE AUTHORITY FOR RESOURCE EFFICIENCY OF CALIFORNIA (FARECal) Submitted by 8,M,VASQUEZ & COMPANY LLP sefoMAlu UOiaCb meuce<cooNYANIS nN� B=NBs CONSeRAMS An Independent Member of the BDO Seidman AllianceALLIANCE Members AICPA Division of Firms • Center for Public Company Audit Firms 1 Registered with the PCAOB 801 S. Grand Avenue, Suite 400, Los Angeles, CA 90017-4646 (213) 629-9094 • Fax (213) 996-4242 ♦ www.vasguezcoa.com Contact: Mr. Gilbert Vasquez, CPA ♦ Date: March 14, 2011 _ TI VASQt1 EZ ��A &COMPANY LLP amnia Puwc ncounAws a,o.Om.,ss CON., uu i �out0 orand Avenue. Suite 400 • Los Angeles. CA 9W17-4646 • Ph. (213) 629-9094 . Fu (2 13) 996-4242 - ..vasquez<pa.wrn March 14, 2011 George F. Morrow President FARECaI Director of Utilities Azusa Light & Water 729 N. Azusa Avenue Azusa, CA 91702 RE: Request for Proposals for Accounting Services Dear Mr. Morrow: Vasquez & Company LLP (Firm) is please to respond to the Finance Authority for Resource Efficiency of California's (FARECaI) request for proposal to set up a general ledger and provide accounting services for FARECaI on behalf of member agencies for each fiscal year ended June 30, 2006, 2007, 2008, 2009 and 2010. Our years of experience in serving governmental entities and our hands-on commitment to superior service, integrity and knowledge make us particularly qualified to provide the professional services requested by FARECaI. For Vasquez & Company LLP there is only one measure of success: "Client Satisfaction." This is one of our primary objectives, and drives our firm -wide customer service philosophy and focus: • Reliability: Vasquez & Company LLP has a long history of service, dependability and reliable expertise to the government sector. It is a history of accumulated skills and experience we apply to help our clients reach their goals. • Knowledge:, We have become trusted advisors to clients based on our knowledge of their industry and our specialized expertise. Vasquez & Company LLP professionals are trusted advisors to our clients' decision-making teams because they value our professional judgment. • Responsiveness: Vasquez & Company LLP professionals, trained to listen to our clients, have a well-earned reputation for devising innovative and creative solutions to today's complex business challenges. Your selection of an internal accountant for this engagement is an important decision. Our proposal will demonstrate that as a full service firm, including accounting, audit, tax and management consulting services, we are well qualified to serve FARECaI on this engagement. Firm's Understanding We understand that we will provide the City of Azusa and the FARECaI Governing Board an auditable set of accounting records supporting all transactions resulting from the operations and long-term debt obligations issued by FARECaI, including preparation of financial statements incorporating FARECal's banking transactions. Our accounting services will be performed with the intent of producing interim and annual financial statements in accordance with General Accounting Standards Board (GASB) guidelines. Our Work Plan will be tailored to meet all technical requirements pursuant to the Joint Powers Act and/or provisions of Chapter 5, Division 7, Title 1, of the Government Code of the State of California. We are able to achieve this by partner involvement in all phases of the engagement and assigning experienced governmental accountants to the engagement. The scope of our services for the fiscal years ended June 30, 2006 through June 30,2010 would be as follows: I . Design an accounting system that meets all government fund accounting requirements as prescribed by the Government Accounting Standards Board (GASB), including appropriate internal control procedures that meet standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, 2. Review and enter accumulated monthly transaction statements from trustees into the accounting system, 3. Review and reconcile FARECal bank statements on a monthly basis for inclusion in accounting/financial statements, 4. Prepare within sixty (60) days following the fiscal yearend annual financial statements for the fiscal years ended June 30, 2006 through June 30, 2009 and starting with the fiscal year ended June 30, 2010, prepare quarterly financial statements in accordance with GASB guidelines, 5. Organize all hardcopy files in an indexed file system that may be relocated to any FARECal- specified office or storage facility for use by auditors. 6. Establish financial reporting procedures that result in all pertinent monthly statements for filing in a single repository or location for subsequent accounting, auditing and file retrieval for both hardcopy and electronic statements. 7. If, at any time, any irregularities in trustee or bank statements are discovered they are to be reported to FARECal President in a separate letter following completion of accounting for the annual period ended. 8. All working papers will be retained at the Firm's expense, for a minimum of two (2) years; unless the Firm is notified in writing by FARECal of the need to extend the retention period or notified earlier to transfer records elsewhere. 9. Fully cooperate and answer questions of the external auditor selected by FARECal to conduct the audit and prepare the comprehensive annual financial report (CAFR), including, but not limited to: a. Providing access to files and supporting documents b. Communicate significant accounting policies used c. Any discrepancies with prior accounting work performed d. Any lack of supporting documentation 10. Keep FARECal informed of state/federal accounting policy developments, including new GASB pronouncements related to municipal utility financing and reporting, standards and trends that may impact FARECal. Best Qualified to Perform the Engagement Vasquez & Company LLP is uniquely qualified to provide services to the FARECal because of our size, resources, the level of professional expertise of our personnel and our experience with government accounting. Members of the engagement team we propose to serve FARECal have held government finance positions. Ms. McBride served as the Assistant Director of Finance for the City of Columbia, Missouri; Ms. Aileen Hermoso served as Chief Financial Officer for the Central Basin Municipal Water District and currently serves as Interim Chief Financial Officer for the Antelope Valley Transportation Authority and Ms. Vilano is a former Senior Accountant with the City of Baldwin Park. The. Vasquez team brings an external audit perspective to this engagement having advised numerous local government clients on accounting treatments and recommendations for improvements to internal controls. We are well qualified to work with FARECal to ensure that its accounting system is designed to meet all applicable laws and regulations, data is gathered and timely organized, transactions are recorded correctly and that the FARECal Annual Financial Report is consistent with the -audited financial statements. We thank you for this opportunity to present our Firm and its professional qualifications to the City. We trust that you will find Vasquez & Company LLP uniquely qualified to provide the City with professional auditing services. Mr. Gilbert R. Vasquez, Managing Partner of Vasquez & Company LLP, with offices located at 801 S. Grand Avenue, Suite 400, Los Angeles, CA 90017-4646, is authorized to represent and negotiate on behalf of our Firm. This proposal is a firm and irrevocable offer for a minimum of three months from the date of this proposal submission. Should you have any questions or desire further assistance, please call Mr. Gilbert R. Vasquez, Managing Partner, at (213) 629-9094 extension 200. Sincerely, VASQUEZ & COMPANY LLP Gilbert R. Vasquez, CPA Managing Partner RFP for Accounting Services COMPANY AND STAFF/QUALIFICATIONS/LICENSE/DESK REVIEWS a) Name of firm, mailing address, phone and fax number of the proposer's principal place of business: b) Mailing address, phone and fax number of the office in which the accounting staff will work on this engagement. Same as above. c) Mailing address, staffing and degree of participation in accounting services provided by any other firm or subcontractor. None. d) Overall company experience in providing similar accounting services for other public agencies or joint powers authorities Our Firm currently provides accounting services to organizations in the nonprofit sector with reporting obligations to federal and state agencies such as, Trauma Resource Institute, Pomona Community Health Clinic, Instituto de Educacion Popular del Sur de California, Children Uniting Nations, Alzheimer's Association Los Angeles, Riverside & San Bernardino Counties and the Oldtimer's Foundation as well as accounting services in the private sector. We have also provided advice on accounting treatments in our conduct of numerous audits of governmental organizations subject to financial and compliance audits. These audits are performed in accordance with auditing standards generally accepted in the United States, Government Auditing Standards, OMB Circular A-133 and its Compliance Supplement (when applicable), and the Office of the State Controller's Minimum Audit Requirements and Reporting Guidelines for California Special Districts (when applicable). A list of current and recently completed engagements is as follows: www.vasquezcpa.com �17il � uez and RFP for Accounting Services f) Organization Chart Gilbert R. Vasquez, CPA Coordinating Partner Aileen Hermoso, CPA Senior Manager Lorena Vilano, CPA Supervisor g) Estimate of hours to be expended by assigned staff Set-up of Accounting System Data Collection and Gathering Accounting/Final Report for FY2005-06 Accounting/Final Report for FY2006-07 Accounting/Final Report for FY2007-08 Accounting/Final Report for FY2008-09 Accounting/Final Report for FY2009-10 File Index System Filing Procedures Ongoing Accounting for FY2010-11 Final Report for FY2010-11 Cooperation with the auditors Total Hours Margaret McBride, CPA Technical Resource Partner/ Principal Manaaer Supervisor Hours 2 5 25 32 1 6 30 37 2 6 30 38 2 6 30 38 2 6 37 45 2 6 30 38 2 6 30 38 0 8 10 18 1 7 10 18 0 3 17 20 1 4 15 20 1 7 22 30 16 70 286 372 h) General Resumes and relevant experience of the accounting manager and key staff Vasquez & Company LLP is able to assemble and manage multi -disciplinary teams of highly qualified and experienced professionals, drawing upon accounting staff resources and the complementary capabilities of technical advisory groups. Based on our many years of experience, we are able to integrate the roles and functions of professional, administrative, and supporting staff into a common effort. In our practice, we employ a team approach. Over time, we have found that our team concept is the most effective way in which to serve a client's diverse needs. Each member of our proposed team possesses a level of experience that is directly related to the tasks that he/she will perform. Our accounting administration structure provides for a depth of experience and technical skills from our management personnel. This ensures that the City personnel will have continuous access to an appropriate, knowledgeable representative of the engagement team. The Firm and all assigned key professional staff are properly licensed to practice as Certified Public Accountants in California. 1110 www.vasquezcpa.com U� RFP for Accounting Services Continuing Professional Education To ensure that our professional staff remains up to date on the latest audit and accounting developments, and to meet the requirements for maintaining active licensure in good standing, we see to it that our professional staff receives the required number of CPE hours within the established period. The Firm also conducts in-house seminars for the professional staff. Our team is held to a high standard of quality, we offer the following CPE Programs for our staff: • Continuing Education offered by the American Institute of Certified Public Accountants (AICPA), which the firm sponsors live, in-house seminars for its staff and clients conducted by highly qualified professionals from the AICPA and the Califomia CPA Education Foundation, • Attend conferences and seminars related to government accounting sponsored by the Government Finance Officers Association, the Association of Local Government Auditors and the California Society of Municipal Finance Officers and various other professional associations. Following are the Continuing Education Courses provided for the past three (3) years to meet the requirements for performing audits in accordance with Government Auditing Standards. Vasquez & Company, LLP covenants that each team member proposed meets the CPE requirement. Course Provider Date Location Hours Detecting Misstatements: Integrating Glen Helms for the AICPA 07/02/2008 Los Angeles, CA 8 SAS 99 and the Risk Assessment Standards Government Audit and Accounting Paul Koehler for Vasquez & 07/21/2008 Los Angeles, CA 8 Update Company, LLP Implementing the New Risk Maggie Smith for PPC 05/09/2008 Los Angeles, CA 8 Assessment Standards Using the PPC Approach Annual Update for Accountants and Thomas Snell for the AICPA 07/17/2009 Los Angeles, CA 8 Auditors Essential Documentationand Al Partington for the CaICPA 06/29/2009 Los Angeles, CA 8 Review of WorkingPaper: Education Foundation Fraud: Essential Audit Tools and Thomas Noce for the CaICPA 07/10/2009 Los Angeles, CA 8 Techniques Education Foundation Governmental & Nonprofit Annual William Brodus for the AICPA 06/11/2009 Los Angeles, CA 8 Update Fraud in the Government and Not- Linda Dennis for the AICPA 06/14/2010 Los Angeles, CA 8 for -Profit Environments: What A Steal Governmental & Nonprofit Annual Robert Leslie for the AICPA 05/26/2010 Los Angeles, CA 8 Update Ethics, Taxes and Financial Kenneth Garret for the CalCPA 06/22/2010 Los Angeles, CA 8 Reporting Education Foundation !n www.vasquezcpa.com RFP for Accounting Services Areas of Expertise GILBERT R. VASQUEZ, CPA Relationship Partner Mr. Vasquez, Managing Partner of Vasquez 8 Company LLP and Past -President of the California Board of Accountancy with over 40 years of public accounting and auditing experience will have the responsibility and authority for the engagement and act as the liaison between FARECal and the Firm. He will assist in the monitoring, reviewing and evaluating the engagement. In addition, he will consult with management on issues relevant to the engagement. Mr. Vasquez area of expertise is focused on accounting, taxation, financial, and compliance audits, internal control review of government agencies, nonprofit organizations, privately held companies and publicly traded companies. Standards Mr. Vasquez is familiar with conducting audits in accordance with the following standards and provisions: • Generally Accepted Auditing Standards Generally Accepted Government Auditing • Single Audit Act Amendment of 1996 Standards • OMB Circular A-133 Federal Acquisition Regulations • OMB Circular A-122 Standards of the Public Company Accounting Oversight Board Representation of Experience Mr. Vasquez's government experience includes in the following engagements • California Watereuse Finance Authority • City of Baldwin Park • Central Basin Municipal Water District • City of Carson • Needles Public Utility Authority • City of Cudahy • Sempra Utilities • City of EI Monte • Upper San Gabriel Valley Municipal Water District • City of Norwalk • Valley County Water District • City of Huntington Park • Walnut Valley Municipal Water District • City of Pico Rivera • Water Replenishment District of Southern California • City of Lynwood • Southern California Association of Governments • City of San Fernando • San Gabriel Valley Council of Governments • City of Gardena Educational Background Mr. Vasquez received his Bachelor of Science in Business Administration, with an emphasis in Accounting from California State University, Los Angeles. He is also a credentialed Professor of Accounting. Professional Affiliations Mr. Vasquez was a member of the 1984 Olympic Organizing Executive Committee and currently serves on the Board of Directors of its successor organization, the LA84 Foundation. Mr. Vasquez continues his membership on several Boards including Green Dot Public Schools Manufacturers Bank, Promerica Bank and Entravision Communications Corporation. Mr. Vasquez meets the Firm and professional CPE requirements. .0 www.vasquezcpa.com uNO 8 RFP for Accounting Services Areas of Expertise MARGARET J. MCBRIDE, CPA Technical Resource Ms. McBride, Vasquez & Company LLP Government Practice Leader with 30 years of public accounting experience; former KPMG Partner or Concurring Partner on numerous government engagements and former KPMG Partner -in -charge of government advisory services for the western region will serve as a technical resource to the engagement team. Ms. McBride is a Certified Public Accountant and former partner with the international accounting firm of KPMG. Ms. McBride has focused on providing organizational analysis, business process re- engineering, cost accounting, performance auditing and financial accounting and auditing services throughout her 30 -year career. She has worked principally in the governmental (federal, state, municipal, special district including water districts and primary and secondary education districts, public colleges and universities) and not-for-profit industries (foundations, private schools and universities, health and welfare and arts organizations). Representative projects in which she has participated include: Financial and Compliance Audits — Conducted numerous management, financial and compliance audits of various local governmental, higher education and not-for-profit entities. Representations of governmental clients are listed on the following page. Information Technology — Review of practices and processes relevant to the implementation of a new financial management system. The engagement included consideration of modifications, both to the system software and to manual processes, impacts on efficiency and internal controls, and next steps to promote and enhance efficiencies and effectiveness. Cost Accounting — Review of costing methodologies and assisted in the implementation of internal service funds for use in centralizing certain County -wide support operations, capturing the related costs and charging user departments for services. The engagement included consideration of customer needs, practical methods for accumulating of cost and charge data, calculation of appropriate user charge rates, and development of performance measurement and quality control mechanisms. Organizational Analysis — Review of the organizational structure, systems, staffing and strategic focus for this community development department. Results included a proposed re -assignment of responsibilities to more effectively accomplish the department's mission, an alternative organization chart, recommendations for improved efficiency and effectiveness, and assistance in developing a strategic planning process. Performance Measures and User Fee Study — Study which encompassed the development of performance measures, an updated schedule of fees and user charges, activity based costing, and benchmarking of selected performance data. The results of this study were used to support revised fees and user charges and the adoption of a performance-based budget. Construction Management Study - Performance an operational review of the construction contract management processes and the policies, systems and procedures related to developer -requested or developer -financed construction. Project recommendations addressed opportunities to improve efficiency and enhance customer service. Staffing Study — Staffing study and compensation review of a transit operator. The project included performing job analyses, assessing comparable positions by conducting a benchmark survey and analysis, and addressing staffing levels. 1'wi un www.vasquezcpa.com RFP for Accounting Services Representation of Experience Following is a representative sample of • Central Basin Municipal Water District • Water Replenishment District of Southern California Municipal Water District of Orange ` Riverside Flood Control District County of Los Angeles County of Riverside County of Orange • County of San Bernardino • County of San Diego • County of Santa Barbara • City of Anaheim • City of Baldwin Park • City of Brea • City of Colton • City of Corona • City of Compton • City of Dana Point • City of Encinitas PRIOR EXPERIENCE • City of Huntington Beach • City of Irvine • City of Laguna Beach • City of Long Beach • City of Los Angeles • City of Lynwood • City of Newport Beach • City of Norwalk • City of Orange • City of Pasadena • City of Pico Rivera • City of Redlands • City of Santa Ana Port of San Diego • Port of Oakland • Orange County Transportation Authority • California State University System 10 Ms. McBride served as the Assistant Director of Finance for the City of Columbia, Missouri prior to joining KPMG. In that capacity she participated in the implementation of a financial accounting system, supervised the municipal accounting and reporting functions, implemented the City's cash and investment management program, and developed and implemented debt management strategies. ACTIVITIES AND EDUCATION Ms. McBride is a Certified Public Accountant. She has served on the State Board of Directors of the California Society of Certified Public Accountants and as the Chairperson of its Audit Committee, as well as President of its Orange/Long Beach Chapter, and as a member of the Society's Governmental Accounting and Auditing Committee. She has also served as a review for the Government Finance Officers Association (GFOA)'s Certificate of Achievement for Excellence in Financial Reporting program. She has published articles on the subjects of cash management and the Single Audit process and has served as a speaker to professional organizations on subjects including Performance Budgeting, Detection of Fraud, Governmental Accounting, Total Quality Management, Internal Controls, Sarbanes- Oxley Compliance, Performance Budgeting, Cash Management, Fixed Asset Systems and GASB 34 Requirements, and the Single Audit Act. Ms. McBride received her Bachelor of Business Administration degree from the University of Missouri - Columbia. Rnwww.vasquezcpa.com un RFP for Accounting Services f 1 Areas of Expertise AILEEN N. HERMOSO, CPA, CGFM Senior Manager Ms. Hermoso, Vasquez & Company LLP Senior Manager with the Government Practice Group and former Chief Financial Officer for the Central Basin Municipal Water District with fifteen (15) years of public accounting and auditing experience focused primarily in the government sector will oversee our delivery of services to FARECal. She will manage the day-to-day activities and task accomplishments, monitoring progress, and ensure schedule compliance. She will also work to ensure on-going timely communication among all levels of the engagement team and will spend significant time on-site, ensuring the smooth operation of our accounting work. Her area of expertise is acting as interim chief financial officer for governmental entities responsible for financial in managing audits of local municipalities, redevelopment agencies and other component units, special districts and nonprofit organizations; preparation of comprehensive annual financial reports, State Controller's reports, and compliance reviews and single audits in accordance with OMB Circular A-133. Standards Ms. Hermoso is familiar with conducting audits in accordance with the following standards/provisions: • Generally Accepted Government Auditing Standards • Generally Accepted Auditing Standards • Government Auditing Standards Prior Experience • Single Audit Act Amendment of 1996 • OMB Circular A-1 33 • OMB CircularA-122 • Antelope Valley Transit Authority • City of Baldwin Park • City of Cudahy • City of Los Angeles, Dept. of Public Works, Bureau of Sanitation • County of Los Angeles • Central Basin Municipal Water District • Centinela Valley Union High School District Professional Background Prior to returning to Vasquez & Company LLP, Ms. Hermoso was the Chief Financial Officer for the Central Basin Municipal Water District responsible for planning, directing and supervising the District's financial plans and budget, accounting operations, contracts administration, internal accounting controls and other fiscal activities. Her duties also include presenting status of projects to elected officials in public meetings. She was also involved in developing financial models, month-end accounting reconciliations and financial reporting, budget monitoring and water billings. She gained audit experience as an auditor with SGV & Co. (Ernst & Young), Makati City, Philippines and was also a finance manager with the Transnational Diversified Group of Companies Franchiser of Domino's Pizza and Pancake House Chain of Restaurants. Professional Affiliations Ms. Hermoso received her Bachelor of Science in Commerce -Accounting, Academic Excellence Awardee; Cum Laude 2"tl Placer in Accounting Olympiad — Interschool Contest and her Master in Business Administration from Ateneo Graduate School of Business, Makati City, Philippines. She is a Certified Public Accountant licensed to practice in California and the Philippines. Ms. Hermoso passed all parts of the CPA exam with an average grade of 95.5% (on first attempt). Wn www.vasquezcpa.com RFP for Accounting Services Areas of Expertise iN LORENA T. VILANO, EA, CPA Supervisor Engagement Role Ms. Vilano,Supervisor with the Vasquez & Company LLP Government Practice Group and former senior accountant with the City of Baldwin Park with ten (10) of public accounting experience, including bond accounting. Ms. Vilano will work closely with the engagement manager in the accounting system design, transaction statement reviews and monthly and annual reporting. Her area of expertise is in planning and supervising fieldwork of audits of cities, redevelopment agencies and other city component units such as child development and transportation departments; special districts such as water districts and school districts. She is experienced in the preparation of comprehensive annual financial reports, State Controller's reports, and compliance reviews and single audits in accordance with OMB CircularA-133. Standards Ms. Vilano is familiar with conducting audits in accordance with the following standards/provisions: • Generally Accepted Government Auditing • Generally Accepted Auditing Standards Standards • Single Audit Act Amendment of 1996 • Federal Acquisition Regulations • OMB Circular A-133 • Standards of the Public Company Accounting • OMB CircularA-122 Oversight Board Past Experience • County of Los Angeles • City of Cudahy • City of San Fernando • City of Lynwood • City of Pico Rivera • Los Angeles County Metropolitan Transportation • City of Baldwin Park Authority • City of Huntington Park University of West Los Angeles School of Law • City of Needles Public Utility Authority • Central Basin Municipal Water District Professional Background Prior to returning to Vasquez & Company LLP, Ms. Vilano was a Senior Accountant with the City of Baldwin Park where her duties included maintaining funds for the City and the Community Development Commission (Redevelopment Agency), analyzed general ledger accounts and prepared journal entries as needed; reconciled redevelopment, workers compensation, general liability and bond statements; cash management — performing wire transfers for Local Agency Investment Fund bonds debt service payments, payroll and daily cash requirements for the General, Workers Compensation, Liability and other funds. Also she assisted in City and CDC budget preparation, prepared CAFR schedules, MD&A and prepared GFOA application and responses. Prior to that time she was a senior auditor with Vasquez & Company LLP where she performed audits and single audits of government entities and nonprofits organizations, quarterly reviews of SEC flings, including 10-0110-K. Education Background Ms. Vilano received her B.S.B.A. in Accounting from the University of the East, Manila, Philippines. She is a Certified Public Accountant in the State of California and is a member of the California Society of CPAs. � m www.vasquezcpa.com k �"r Areas of Expertise iN LORENA T. VILANO, EA, CPA Supervisor Engagement Role Ms. Vilano,Supervisor with the Vasquez & Company LLP Government Practice Group and former senior accountant with the City of Baldwin Park with ten (10) of public accounting experience, including bond accounting. Ms. Vilano will work closely with the engagement manager in the accounting system design, transaction statement reviews and monthly and annual reporting. Her area of expertise is in planning and supervising fieldwork of audits of cities, redevelopment agencies and other city component units such as child development and transportation departments; special districts such as water districts and school districts. She is experienced in the preparation of comprehensive annual financial reports, State Controller's reports, and compliance reviews and single audits in accordance with OMB CircularA-133. Standards Ms. Vilano is familiar with conducting audits in accordance with the following standards/provisions: • Generally Accepted Government Auditing • Generally Accepted Auditing Standards Standards • Single Audit Act Amendment of 1996 • Federal Acquisition Regulations • OMB Circular A-133 • Standards of the Public Company Accounting • OMB CircularA-122 Oversight Board Past Experience • County of Los Angeles • City of Cudahy • City of San Fernando • City of Lynwood • City of Pico Rivera • Los Angeles County Metropolitan Transportation • City of Baldwin Park Authority • City of Huntington Park University of West Los Angeles School of Law • City of Needles Public Utility Authority • Central Basin Municipal Water District Professional Background Prior to returning to Vasquez & Company LLP, Ms. Vilano was a Senior Accountant with the City of Baldwin Park where her duties included maintaining funds for the City and the Community Development Commission (Redevelopment Agency), analyzed general ledger accounts and prepared journal entries as needed; reconciled redevelopment, workers compensation, general liability and bond statements; cash management — performing wire transfers for Local Agency Investment Fund bonds debt service payments, payroll and daily cash requirements for the General, Workers Compensation, Liability and other funds. Also she assisted in City and CDC budget preparation, prepared CAFR schedules, MD&A and prepared GFOA application and responses. Prior to that time she was a senior auditor with Vasquez & Company LLP where she performed audits and single audits of government entities and nonprofits organizations, quarterly reviews of SEC flings, including 10-0110-K. Education Background Ms. Vilano received her B.S.B.A. in Accounting from the University of the East, Manila, Philippines. She is a Certified Public Accountant in the State of California and is a member of the California Society of CPAs. � m www.vasquezcpa.com RFP for Accounting Services I i) License to practice in California 13 Vasquez & Company LLP and all assigned key professional staff are properly licensed to conduct public accounting in California. Furthermore, the Firm holds valid business permits and other documents as required by the City, County, State, and other governmental and/or regulatory bodies to legally €ngage in and perform the services requested under this RFP. The Firm further assures that management -level engagement team members are properly licensed Certified Public Accountants in California. The Firm certifies that upon notification, it will inform FARECal of any suspension, termination, lapse, non -renewals, or restrictions of its licenses, certificates, or other required documents. CALIFORNIA BOARD OF ACCOUNTANCY — Vasquez & Company LLP Licensee Name: VASQUEZ & CO LLP License Type: CPA - Partnerships License Number: 6286 License Status: CLEAR Definition Expiration Date: July 31, 2011 Issue Date: July 28, 1997 Address: 801 S GRAND AVE #400 City: LOS ANGELES State: CA Zip: 90017-4646 County: LOS ANGELES Disciplinary Actions/License Restrictions: No j) Results of any federal or state desk reviews or field reviews of its accounting practice during the past three (3) years Vasquez & Company LLP is very proud of its untarnished record of quality professional service throughout it's over 40 -year history of professional service and we state with pride that our Firm has: ❑ Never been sued, ❑ Never had any complaints filed against it with the California State Board of Accountancy for substandard work or for any other reason, ❑ Never settled any potential law suit, ❑ Has never been requested to resign from any engagement and, ❑ Never received a negative desk or field review from any of our clients' cognizant agencies regarding any of our audits The Firm is not currently involved in litigation with a current or former client nor is it aware of any pending or threatened claims or assessments. X71 www.vasquezcpa.com RFP for Accounting Services 14 1) Recommend an accounting system and necessary hardware to be purchased by FARECal. 2) Set-up chart of accounts, funds, report templates and user controls in the new accounting system. 3) Prepare bank reconciliations using the functionality in the new accounting system. 4) Develop monthly reconciliation spreadsheet per bond series. These schedules will be agreed to the trustee statements. 5) Journal entries for the bonds will be inputted into the accounting system. Set-up separate account codes for each: - Bond series - Capital project funded by bonds - Cash with fiscal agent account - Interest expense/income - Bond -related expenses 6) Reconcile interest expenses for fiscal year 2005-2006 through fiscal year 2010-2011. 7) Record all other balance sheet and income statement transactions into the new accounting system. 8) Ensure that drawdown from bond proceeds are supported by signed bond requisition statement. 9) Annual financial statements will be generated for fiscal year 2005-2006 through 2009-2010 using economic resources measurement approach and financial flow measurement focus. 10) Quarterly and annual financial statements will be generated for fiscal year 2010-2011 using economic resources measurement approach and financial flow measurement focus. 11) Hardcopy and electronic file system shall be developed and communicated to FARECal staff upon completion of the engagement. 12) Provide all supporting documents and answer questions from the external auditors, including, but not limited to: - Access to files and supporting documents - Communicating significant accounting policies used - Communicate any discrepancies with prior accounting work performed - Communicate any lack of supporting documents 13) Report any irregularities in trustee or bank statements to the FARECal President in a separate letter following the completion of accounting for annual period ended (if applicable). 14) Retain all working papers and reports at our expense for a minimum of two (2) years, unless notified in writing by FARECal of the need to extend the retention period or notified earlier to transfer records elsewhere. IM 0 w .vasquezcpa.com •'� RFP for Accounting Services DATA REQUEST 16 We shall request from FARECal members the following data for fiscal years beginning with fiscal year 2005-2006 through fiscal year 2010-2011: 1) All trustee statements 2) Bank statements 3) Signed bond requisition statements with supporting documentation/computation 4) Checkbooks/registers S0 www.vasquezcpa.com - I RFP for Accounting Services SCOPE EXCLUSIONS/ADDENDA None. www-vasquezcpa.com 16 RFP for Accounting Services i DELIVERABLES 1) 2) 3) 4) 5) 6) 17 Hard and electronic copies of all trustee statements. bank statements, signed bond requisition statements with supporting documentation/computation for fiscal year 2005-2006 through fiscal year 2010-2011. These will be arranged per bond series and per year. Bank reconciliation statements. Monthly reconciliation spreadsheet per bond series. Annual financial statements for fiscal year 2005-2006 through 2009-2010. Quarterly and annual financial statements for fiscal year 2010-2011. Trial Balance and supporting documentations for audit purposes. �',•. www.vasquezcpa.com fi• RFP for Accounting Services LVOT -TO -EXCEED FEE 18 Vasquez & Company LLP is pleased to submit our total all-inclusive maximum price proposal in response to FARECal and the City of Azusa's request for proposal to provide accounting services for the fiscal years ended June 30, 2006 through June 30, 2011. Our fees for the services outlined in this proposal are based on our estimates of the time needed to complete the project at our standard hourly rates. You acknowledge that any fee estimates we have furnished are only our good faith estimates based on our understanding of the engagement assumptions and the facts and circumstances we are aware of at this time. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Set-up of Accounting System Data Collection and Gathering Accounting/Final Report for FY2005-06 Accounting/Final Report for FY2006-07 Accounting/Final Report for FY2007-08 Accounting/Final Report for FY2008-09 Accounting/Final Report for FY2009-10 File Index System Filing Procedures Ongoing Accounting for FY2010-11 Final Report for FY2010-11 Cooperation with the auditors Total Hours Hourly Rate Total Partner/ Principal Manager Supervisor Hours 2 5 25 32 1 6 30 37 2 6 30 38 6 30 38 6 37 45 6 30 38 6 30 38 8 10 18 7 10 18 3 17 20 4 15 20 1 7 22 30 16 70 286 372 250 140 100 $ 4,000 9,800 28,600 42,400 N- www.vasquezcpa.com. U RFP for Accounting Services FEE SCHEDULEMOURLY RATES 19 All pricing information contained in this cost proposal is negotiable and such fees and charges are effective for a two year period following contract award. Partners/Principal Manager . Supervisor Total 250 '$ 4;000 .140 9,800 100 ; 28,600. $ 42,400 !® www.vasquezcpa.com ,. r RFP for Accounting Services 20 OTHER COMMITMENTS Following are the list of other clients currently being served by the key staff proposed to serve FARECal. Vasquez & Company LLP assures FARECal that the staff assignments listed below will not impact the team's ability to fulfill its obligations to FARECal under this RFP. Margaret McBride, Principal 1. City of Carson 2. City of EI Monte 3. City of Pico Rivera 4. City of Norwalk 5. Water Replenishment District of Southern California 6. Los Angeles Community College District 7. Coast Community College District 8. Compton Community College District 9. Antelope Valley Transit Authority Aileen Hermoso, Senior Manager 1. Antelope Valley Transit Authority 2. City of Baldwin Park 3. City of Cudahy Lorena Vilano, Supervisor 1. University of West Los Angeles School of Law 2. Skid Row Development Corporation 3. City of Pico Rivera All www.vasquezcpa.`mrn RFP for Accounting Services 21 j EITHER ADDITIONAL RESOURCES B'd0 SHDMAN ALLIANCE A feature that distinguishes our Firm from other local or regional firms is our membership in the BDO Seidman Alliance. As an independent member of the BDO Seidman Alliance we have access to the BDO Government Industry Group. The professionals within the Governmental Industry Group provide services for general government, municipal airports, school districts, water districts, higher education institutions, Indian tribes/casinos, housing authorities, public utilities and public hospitals, thus enhancing our resources that could be utilized in service to FARECal. MINORITY AND SMALL BUSINESS ENTERPRISE CERTIFICATIONS Vasquez & Company LLP is 100% Minority Firm and is certified as a Minority Business Enterprise by the Los Angeles County Metropolitan Transportation Authority (Metro) as part of the Department of Transportation's state run California Unified Certification Program (CUCP) Metro file #1247 and the County of Los Angeles, Office of Affirmative Action Compliance's Community Business Enterprise Program ID #84146. Vasquez & Company LLP is also certified as a Minority Business Enterprise with the Supplier Clearinghouse, Utility Supplier Diversity Program for the Public Utility Commission — State of California #8CN0056. Vasquez & Company LLP is certified as a Small Business Enterprise with the County of Los Angeles, Office of Affirmative Action Compliance (vendor number #52532701) and the State of California, Department of General Services, Procurement Division, Office of Small Business and DVBE Services (supplier #24276). PEER REVIEW Vasquez & Company LLP is a member of the American Institute of Certified Public Accountants ("AICPA") Division of Firms and received a peer review rating of pass without comment on its peer review, dated July 13, 2010 This review illustrates our knowledge of government accounting and audit requirements, including GASB, our commitment to quality services which will be employed to effectively serve FARECal- Win w .vasquezcpa.com ■/A RFP for Accounting Services ;A'i C PA AICPA Peer Review Program Ad. iMisered by the Natonal Peer Review ODm raee October _9, 2010 Gilben R. Vasquez, CPA Vasque- & Company, LLF 801 S Grand Ave. Ste 400 Las Angeles, GA 90017 Dear Mr, Vasquez: It is my pleasure to notify you that on October 20, 3010 the National Peer Review. Comm nee accepted the report on the most recent system peerreview of pow firm_ The due date for your nest review is June 30, 2013. This is the date by which all., review documents should be completed and submined to the admirusterina enuty: As you know, the repon had a peer review rating of pas;. TheCommitteeasked me to wnvev its congratulations to the firm. Sincerely, PW�4 Roben Rohaeder Chair—National PRC upic@aicpa.org919 403-4502 cc: Bunton A nrstrovs, CPA Firm Number: 10138115 Review Number: 305 778 amftanM"M1 of C_tllk Nblt Aa[v.rtams 226 Wph N,m Para_ EW., Ir 2r1Di•, Mi 4a2 -E . 1.1919) 4ta-a545•�s«.e©sag ISDC PW '= n www.vasquezcpa.com .... 22 RFP for Accounting Services 23 n .. e�.m�aE(rAas r BROMN f G� df s� 4NLW nli2,f z ,trdnwlraiHac[,7'yt� ti .+-fl s«st ts. ARMMORrG Bu4gyjn3{(djonra 9S3U1 f " o- , Tdutftsam ata�v 51mR AulW A _: ROMA t- '.•- . Clva '"u"tf` (PA ht3 ,v + $ > "fs'r [Ekil{1kG ?r -• .; � 19R'�ha Rtr -.;,> 9ujltr'(AIrmi84Jtth". _ H F �. F' }J�1744fNS�fm fhIM6111B `' -YW41. H4 Glk Mai �" ACCUUN14NiS '.�� {? � B35S N-fivm-AntiSlFcg4j.'- Ant.Ya,tGrA. _ tq SVSTEM RMEW REPORT . July 13, 2010 To the Partners Vasquez & Company, LLP and the National Peer Review Committee We have reviewed the system of quality contml for the accounting and auditing practice of Vasquez & Company. LLP (the firs,) applicable to non -SEC issuers in effort for the year ended Uccembcr 31, 2009. Out peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Pccr Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality conrnl and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is m express an opinion on the design of the system of quality control and the firm's compliance tberewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Reriew are described in the standards at www.:aicoa.orWPtsummarv. .As required by the suandards, engagements wiected, for review included engagements performed under Crmernmenr Auditing Standards and audits of employee benefit plans. In our opinion, the system of quality control for the accounting and auditing practice of Vasquez & Company, LLP applicable to non -SEC issuers in cffmt for the year ended December 31, 2009, has been suitably designedand complied with to Providc the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of neer, pavr with deficiency/res/, or faN. Vasquez & Company, LLP has received a peer review mting of parr. BROWN ARMSTRONG ACCOUNTANCY CORPORATION By: Burton H. Armstirong P.WRIO ria Ib WK Im yJ..*OR,*End vd VLVMcf OeLd. tdlue al tedlel PAk amnan ;/� www.vasquezcpa.com- !o VAsQu EZ I�34- & COMPANY LLP c�annco rueuc ucouxraxrs nxo xusxrss mssucTAxrs 801 South Grand Avenue. Suite 400. Los Angeles. CA 90017-4646 . Ph. (213) 629-9094 . Faa (21 31 996-4242 • w .vasque=pa.com March 29, 2011 Mr. George F. Morrow, President FARECal Director of Utilities Azusa Light & Water 729 N. Azusa Avenue Azusa, CA 91702 RE: Request for Proposals for Accounting Services Dear Mr. Morrow: Vasquez & Company LLP (Firm) confirms the amounts in the proposal dated March 14, 2011, as follows: Partners/Principal Manager Supervisor :Total 16 $ 250, $ 4000 250 $ 1,000-' $ 11000 70. 140 9,800 . 286 t.1bo 128,600 s` 372' $ 42,400. Per your request, we also provide the costing below for the optional three-year additional accounting services: Partners/Principal 4''"$ 250 $ 1,000-' $ 11000 . Manager 13.. 140 1;820 1,820 Supervisor. 48 100 4,800 _ 4;800 ;Tota( 65 $ 7,620 ^$ 7;620. Firm's Understanding 1;000 1.,820, 4,800- ,7,620 We understand that we will provide the City of Azusa and the FARECal Governing Board an auditable set of accounting records supporting all transactions resulting from the operations and long-term debt obligations issued by FARECai, including preparation of financial statements incorporating FARECal's banking transactions. Our accounting services will be performed with the intent of producing interim and annual financial statements in accordance with General Accounting Standards Board (GASB) guidelines. Our Work Plan will be tailored to meet all technical requirements pursuant to the Joint Powers Act and/or provisions of Chapter 5, Division 7, Title 1, of the Government Code of the State of California. We are Mr. George F. Morrow FARECal I March 29, 2011 Page 2 able to achieve this by partner involvement in all phases of the engagement and assigning experienced governmental accountants to the engagement. The scope of our services for the fiscal years ended June 30, 2006 through June 30, 2014 would be as follows: 1. Design an accounting system that meets all government fund accounting requirements as prescribed by the Government Accounting Standards Board (GASB), including appropriate internal control procedures that meet standards .generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, 2. Review and enter accumulated monthly transaction statements from trustees into the accounting system, 3. Review and reconcile FARECal bank statements on a monthly basis for inclusion in accounting/financial statements, 4. Prepare the fiscal year end annual financial statements for the fiscal years ended June 30, 2006 through June 30, 2010 in accordance with GASB guidelines, 5. Prepare within sixty (60) days following the fiscal year end annual financial statements for the fiscal year ending June 30, 2011 and prepare quarterly financial statements in accordance with GASB guidelines, 6. Prepare within sixty (60) days following the fiscal year end annual financial statements for the fiscal years ending June 30, 2012 through June 30, 2014 and prepare quarterly financial statements in accordance with GASB guidelines, 7. Organize all hardcopy files in an indexed file system that may be relocated to any FARECal- specified office or storage facility for use by auditors. 8.. Establish financial reporting procedures that result in all pertinent monthly statements for filing in a single repository or location for subsequent accounting, auditing and file retrieval for both hardcopy and electronic statements. 9. If, at any time, any irregularities in trustee or bank statements are discovered they are to be reported to FARECal President in a separate letter following completion of accounting for the annual period ended. 10. All working papers will be retained at the Firm's expense, for a minimum of two (2) years; unless the Firm is notified in writing by FARECal of the need to extend the retention period or notified earlier to transfer records elsewhere. 11. Fully cooperate and answer questions of the external auditor selected by FARECal to conduct the audit and prepare the comprehensive annual financial report (CAFR), including, but not limited to: a. Providing access to files and supporting documents b. Communicate significant accounting policies used c. Any discrepancies with prior accounting work performed d. Any lack of supporting documentation 12. Keep FARECal informed of state/federal accounting policy developments, including new GASB pronouncements related to municipal utility financing and reporting, standards and trends that may impact FARECal. Mr. George F. Morrow FARECal March 29, 2011 Page 3 We thank you for this opportunity to present the three-year option to FARECal and the City. We trust that you will find Vasquez & Company LLP uniquely qualified to provide FARECal and the City with professional accounting services. Mr. Gilbert R. Vasquez, Managing Partner of Vasquez & Company LLP, with offices located at 801 S. Grand Avenue, Suite 400, Los Angeles, CA 90017-4646, is authorized to represent and negotiate on behalf of our Firm. Tfiis proposal is a firm and irrevocable offer for a minimum of three months from the date of this proposal submission. Should you have any questions or desire further assistance, please call Mr. Gilbert R. Vasquez, Managing Partner, at (213) 629-9094 extension 200. Sincerely, VASQUEZ & COMPANY LLP Gilbert R. Vasquez, CPA Managing Partner • -triD AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER/ DATE: APRIL 18, 2011 SUBJECT: LETTER OF OPPOSITION TO AB 438 (WILLIAMS) COUNTY LIBRARIES: WITHDRAWAL RECOMMENDATION It is recommended that the City Council submit a letter to our state legislators, opposing AB 438 (Williams) County Libraries: Withdrawal. BACKGROUND AB 438 (Williams) would require voters to approve a City Council's decision to provide library services through a private contractor. While the City of Azusa does not currently have plans to contract out library services, this bill would impede on Azusa's local control. The decision to contract out services should be left to the City Council. In addition, when decisions like these are made, they are typically made to balance the city's budget. Forcing a city to wait an extended period of time, until the next regularly scheduled election, could worsen an already bad fiscal situation. According to the League of California Cities, the requirement of voter referendum is unlawful. "The power of referendum, conferred by article II, Section 9 of the California Constitution, applies only to acts which are legislative in character and not to administrative or executive acts (Southwest Diversified, Inc. v. City of Brisbane 229 Cal.App.3d 1548 (1991); Simpson v. Hite 36 Ca1.2d 125 (1950)." FISCAL IMPACT (00vl There is no fiscal impact associated with opposing AB 438 (Williams). Attachment:Letter opposing AB 438 (Williams) I The Canyon City—Gateway to the American Dream Joseph R. Rocha, Mayor 213 E. Foothill Blvd., Azusa, CA 91702 – (626) 812-5228 yocha&i.azusa.ca.us April 18, 2011 Assembly Member Das Williams State Capitol, Room 6011 Sacramento, CA 95814 Fax: (916) 319-2135 RE: AB 438 (Williams). County Free Libraries: withdrawal. (As amended April 4, 2011) NOTICE OF OPPOSITION Dear Assembly Member Williams: The City of Azusa must respectfully oppose your bill, AB 438, which would require voters to approve a city council's decision to provide library services through a private contractor. Our concerns are based on the following issues: • AB 438 undermines the ability of a city to operate efficiently and effectively. City council members routinely make administrative decisions on contracts, policies and fiscal decisions that are essential to government functioning smoothly. Sometimes these decisions must take place in an expedited manner so as to balance the city's budget. Forcing a city to put a contract to a vote at the next regularly scheduled election, which could be as long as 18 months or 2 years, could exacerbate an already bad fiscal situation for the city. Role of Council Members. While we appreciate the intent to have voters weigh in on a city council decision relating to public contracts, we believe that these administrative decisions are exactly the type of decisions that council members are elected to make. For the aforementioned reasons, the City of Azusa must respectfully oppose your bill Sincerely, Joseph R. Rocha Mayor cc: Cameron Smyth, Chair, Assembly Local Government Committee Assembly Member Steve Bradford (51 `) Kyra Ross, League of California Cities Assembly Member Roger Hernandez (57th) Senator Ed Hernandez O.D. (24") William Webber, Assembly Republican Caucus • 4� ��$ • AZUS The Canyon City—Gateway to the American Dream Joseph R.Rocha. Mayor 213 E. Foothill Blvd..Azusa.CA 91702—(626)812-5228 jrochar ci.azusa.ca.us April 18, 2011 Assembly Member Das Williams State Capitol, Room 6011 Sacramento, CA 95814 Fax: (916) 319-2135 RE: AB 438 (Williams). County Free Libraries: withdrawal. (As amended April 4, 2011) NOTICE OF OPPOSITION Dear Assembly Member Williams: The City of Azusa must respectfully oppose your bill, AB 438, which would require voters to approve a city council's decision to provide library services through a private contractor. Our concerns are based on the following issues: • AB 438 undermines the ability of a city to operate efficiently and effectively. City council members routinely make administrative decisions on contracts, policies and fiscal decisions that are essential to government functioning smoothly. Sometimes these decisions must take place in an expedited manner so as to balance the city's budget. Forcing a city to put a contract to a vote at the next regularly scheduled election, which could be as long as 18 months or 2 years, could exacerbate an already bad fiscal situation for the city. • Role of Council Members. While we appreciate the intent to have voters weigh in on a city council decision relating to public contracts, we believe that these administrative decisions are exactly the type of decisions that council members are elected to make. For the aforementioned reasons,the City of Azusa must respectfully oppose your bill. Sincerely, Ais% 4%- Joseph Joseph R. Rocha Mayor cc: Cameron Smyth, Chair, Assembly Local Government Committee Assembly Member Steve Bradford(51S`) Kyra Ross, League of California Cities Assembly Member Roger Hernandez(57th) Senator Ed Hernandez O.D. (241h) William Webber,Assembly Republican Caucus i TO: FROM: VIA: DATE: CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER , V APRIL 18, 2011 SUBJECT: AWARD OF CONTRACT— POLICE STATION ROOF RESTORATION RECOMMENDATION It is recommended that the City Council award a contract to Midwest Roofing Company of Gardena, California in the amount of $74,500.00 for the Police Station Roof Restoration. BACKGROUND In 2010, the tiled portion of the police station roof was replaced with a reflective "cool roof" Although these measures addressed leaks beneath the recently replaced roof section, leaks persisted throughout other areas of the building. Areas throughout the flat roof showed signs of aging, cracking and overall failure. Roof projections and drain areas are open, exposed, and there are openings and splits throughout the field of the roof on each section. These areas need to be repaired to eliminate leaks. The Police Station Roof Restoration Project (CIP #31011C) was included in the approved 2010/11 Capital Improvement Program. On March 7, 2011 the City Council authorized staff to solicit bids for the Project. A formal sealed bid opening was conducted on April 12, 2011. The following bids were received: 1. Midwest Roofing & Solar (Gardena) $ 74,500.00 2. Best Contracting Services (Gardena) $ 96,955.00 3. Rite -Way Roof (Fontana) $ 106,989.00 4. Chapman Coast Roof (Fullerton) $ 145,200.00 Restoration of the roofing system will address required maintenance and improve the energy efficiency of the facility by use of a reflective white coating. The lowest, responsible bidder was Midwest Roofing & Solar in Gardena, CA at $74,500.00. Staff contacted their references and they appear satisfactory. FISCAL IMPACT The project is budgeted at $57,000 from the Public Works Endowment Fund 49-80-000-7125 ($47,000) and Public Benefits Fund 24-80-000-7125 ($10,000). Unfortunately, as staff has seen with other projects, construction costs have risen since the project was originally estimated. The lowest, responsible bid came in at $74,500.00. As such, a budget amendment in the amount of $24,950 from the Public Works Endowment Fund is required to cover the total cost of the project. Although the contract will be in the amount of $74,500, the purchase order will be in the amount of $81,950.00 reflecting a 10% contingency for unforeseen change orders. r CONSENT CALENDAR TO:. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGERAW DATE: APRIL 18, 2011 SUBJECT: CONTRACT EXTENSION — AGREEMENT FOR MAINTENANCE SERVICES, STREET SWEEPING, ATHENS SERVICES RECOMMENDATION It is recommended that the City Council authorize the City Manager to exercise the first one-year extension to the existing contract with Athens Services to perform street sweeping services including a CPI increase of 2.27%. BACKGROUND On January 16, 2008, the City of Azusa and Athens Services entered into an agreement to perform street sweeping services. Athens Services worked with the City of Azusa to "fine-tune" the program taking into consideration the City's street sweeping needs as well as the parking needs of residents. The term of the agreement was from March 1, 2008 to February 28, 2011 and included annual rate increases of 7% per year. Section 3.1.2 of the agreement included two (2), one-year extensions. To date, Athens has done a good job performing the street sweeping services and has been very responsive to staffs requests. Since February 28, 2011, Athens Services has been performing street sweeping services under the existing agreement with no annual increase. Because the agreement did not include specific rate increases for the extension years, staff negotiated with Athens a proposed increase of 2.27% or the CPI from February 2010 -February 2011. This appears to be a fair and modest increase in curb mile rate. This extension will be in effect through February 28, 2012. At which time, a second optional one-year extension would be available. FISCAL IMPACT The existing rate per curb mile is $19.68. Athens proposes a CPI increase of 2.27% for a new rate per curb mile of $20.13. Staff has budgeted sufficient funds in the FY 2010-2011 budget to cover this increase. CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: SONIA R. CARVALHO, CITY ATTORNEY VIA: F.M. DELACH, CITY MANAGER DATE: APRIL 18, 2011 i SUBJECT: ADOPTION OF A RESOLUTION APPROVING POLICY AND PROCEDURES FOR THE PRESENTATION OF CITY PROCLAMATIONS AND RECOGNITION AWARDS RECOMMENDATION: It is recommended that City Council adopt the proposed Resolution titled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY. BACKGROUND: This is a continued item from the April 4, 2011 City Council meeting. At the meeting, discussion was held regarding the matter and it was the consensus of the Council Members that the item be brought back as a resolution to re -adopt a new amended policy stating a recognition proclamation will be automatically processed for any City Board or Commission member who serves honorably for one full-term or resigns honorably, not due to any allegations of wrongdoing whether or not related to the position. The policy was amended by the City Attorney at the request of the Council Members. FISCAL IMPACT: There is no fiscal impact of significance as a result of this policy. Attachments: Policy and Resolution RESOLUTION NO. 1I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY WHEREAS, the City Council of the City of Azusa has considered a document entitled Proclamation/Recognition Awards Policy, which contains policies and procedures which are designed to establish uniform procedures, criteria, and identify authority which clarifies and defines policy on this subject. WHEREAS, the City Manager of the City of Azusa has recommended to the City Council that the Proclamation/Recognition Awards Policy be approved and established as the policies and procedures of the City for the issuance of proclamations and other forms of recognition to the public. WHEREAS, the City Council hagdetermined that the Proclamation/Recognition Awards Policy should be approved and established as recommended by the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Approval of Policy. The City of Azusa Proclamation/Recognition Awards Policy as presented to the City Council is hereby approved and established as the policies and procedures of the City with respect to the issuance of Proclamations and other forms of recognition. SECTION 2. Certification. The City Clerk shall certify to the adoption of this Resolution. SECTION 3. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL, 2011. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 18`h day of April, 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK CITY OF AZUSA, CALIFORNIA PROCLAMATION/RECOGNITION AWARDS POLICY BACKGROUND The City Council of Azusa receives on a.weekly basis numerous requests for the issuance of Proclamations and Certificates of Recognition for individuals, groups, and events of significance from the Azusa community. The following will serve as a guiding principle and policy regarding the appropriate level 'of recognition from the City to any of the aforementioned individuals or groups. j It is desirable at this time to clarify and define a policy on this subject. As well as designate the City Manager and the City Clerk as the coordinators for these requests. PURPOSE The purpose of this policy is to establish uniform procedures, criteria, and identify authority Proclamation - An official decree awarded to local residents, organizations, dignitaries, members of the Council, and Boards/Commissions for special service to the City of Azusa. Certificates of Appreciation/Recognition - Awarded at the discretion of the City Council to recognize, congratulate or honor City employees or other individuals for special accomplishments or services rendered. Plaques - Awarded at the discretion of the City Council to visiting officials/dignitaries, elected officials, individuals, organizations, businesses or to current or retiring City employees and Council members to commemorate an event or outstanding accomplishment/contribution. City Wear — Awarded by the City Council to honor City employees or individuals for their service to the City of Azusa. Lapel Pins — Awarded by the City Council to honor visiting officials/dignitaries, elected officials and/or individuals who are visiting or have rendered a special service to the City of Azusa. POLICY It is the policy of the City of Azusa to proclaim certain periods of time and recognize individuals and/or organizations for their outstanding performance in accordance with the criteria set forth below. Requests for proclamations, certificates or plaques from City Councilmembers; City Departments, residents, and local organizations must be submitted to the City Manager's Office by at least three weeks in advance of the time period for which they seek recognition so as to be placed on a City Council agenda. Requests should specify: a. Reason why recognition should be granted; and b. Historical information that will assist the City Manager and the City Council arrive at a decision. All requests for proclamations are subject to approval by a majority of the Azusa City Council during a regularly scheduled or special City Council meeting. 4. All requests for certificates shall be subject to approval by a majority of the Azusa City Council during a regularly scheduled or special City Council meeting. 5. All requests for plaques, lapel pins, gifts or awards, to visiting officials/dignitaries, elected officials, individuals or organizations and City employees, shall be approved by the majority of the Azusa City Council during a regularly scheduled or special City Council meeting. The City Manager will then request that the City Clerk prepare the request for presentation at a ceremonial City Council meeting, special meeting or an event. 6. Notwithstanding the policy above, the following exceptions will apply: a. Whenever active military personnel are on a short-term leave of duty, the City Manager may approve the request for recognition prior to the subsequent City Council meeting or special event. The. City Manager must notify all Council members relative to the date, time, and location of said event. b. Whenever an outgoing Board or Commission Member has either served at least one full-term or has honorably resigned prior to serving one full-term, the City Manager will process a proclamation for the Board or Commission Member without a request for recognition being required. An honorable resignation shall be one based solely on personal or work considerations and not due to allegations of wrong doing whether related to the position or not. The City Manager will notify all Council Members of the processed proclamation prior to the subsequent City Council meeting or special recognition event at which the proclamation will be presented. PROCEDURE Proclamations and Certificates a. All requests shall be reviewed by the City Council and the City Manager pursuant to policy 5 above. b. The Mayor or his/her designee will either present the Proclamation or Certificate at a City Council meeting or at a special occasion as requested. C. Copies of ail Proclamations will be provided the City Council, City Clerk, City Attorney, and City Manager. d. A Summary Sheet outlining the particulars of the event will be given the Mayor and/or Mayor Pro Tem when Proclamations or Certificates are presented at a function. Plaques, Gifts'and Awards The following procedure shall be used when requests for the issuance of gifts and awards are received from City Council Members, City Departments, and outside affiliations: a. All requests shall be reviewed by the City Council and the City Manager pursuant to policy 5 above. b. Gifts/Awards shall consist of the following or comparable items listed below: City of Azusa Lapel Pin City of Azusa Seal Tile Plaques City wear awards/gifts Other awards or gifts of comparable distinction as approved by the appropriate official pursuant to policy 5 above. AZUSA' CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY e REGULAR MEETING MONDAY, APRIL 4, 2011 — 9:29 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. ROLL CALL PRESENT: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS ABSENT: DIRECTORS: ROCHA ALSO PRESENT General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff, Department Heads, Secretary Mendoza, Deputy Secretary Toscano. Call to Order Roll Call Also Present THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT Convenejointly 9:29 P.M. TO DISCUSS THE FOLLOWING: w/CRA JOINT PUBLIC HEARING - REGARDING A PROPOSED DISPOSITION AND DEVELOPMENT Joint City and AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT OF CERTAIN REAL PROPERTY Agency item LOCATED AT 902,906,908, AND 912 NORTH ALAMEDA AVENUE IN THE CITY OF AZUSA Removed from the minutes as he was absent from that meeting. agenda JOINT CITY AND AGENCY ITEM WAS REMOVED FROM THE AGENDA. Min appvd THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cncl Recess 9:30 P.M. Cncl Rend The CONSENT CALENDAR consisting ofitems G-1 through G-4 was approved by motion of Director Consent Cal. Hanks, seconded by Director Carrillo and unanimously carred, with the exception of item G-3, which was Approved considered under the Special Call portion of the Agenda. Chairman Rocha abstained from item G -I, G-1 Spec Call minutes as he was absent from that meeting. 1. Minutes of the special/regular meeting of March 21, 2011, were approved as written. Min appvd 2. The Agency Treasurer's Report as of February 28, 2011 was received and filed. Treas rpt 3. SPECIAL CALL ITEM. Spec Call 4. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. 11-R18 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. SPECIAL CALL ITEMS Spec Call Items 3. APPROVAL OF CONFLICT WAIVER -BEST BEST & KRIEGER Conflict Waiver BB&K Director Hanks addressed the item stating that he has been involved in previous waiver discussions and the Discussion important thing is that the attorneys who are dealing with areas of conflict are completely separate and not involved with each other in that area. City Attorney Carvalho reiterated that there is no direct involvement, letters are sent out and files are kept separate, and it's called an ethical wall between the offices. She noted that request for waivers are common practice. Moved by Director Hanks, seconded by Director Gonzales and unanimously carried to authorize the Conflict Waiver Executive Director to execute the Conflict Waiver to allow Best Best & Krieger (" BBK") to continue to Approved represent the Agency in its negotiations with Lewis Operating Corporation. It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 9:36 P.M. SECRETARY NEXT RESOLUTION NO. 11-R19. 04/04/11 PAGE TWO yvh" WARRANT REGISTER NO. 12 WARRANTS DATED 3/01/11 THROUGH 3/15/11 CAL YEAR FOR REDEVELOPMENT AGENCY MEETING OF 4/18/11 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 80 -125 -CBD CAPITAL PROJECTS FUND 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 81 -165 -LM MRC 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: $ 11,484.74 1,452,970.00 34,883.18 $1.499.337 92 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 Chairman 2011. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting there of, held on the day of 2011. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary I1 City of Azusa HP 9000 04/13/11 O P E N H 0 L D WM, APR 13, 2011, 9:58 AM ---req: RUBY -------leg: GL JL---lcc: D B LISTING By Fermi/Ehtity Nave Paqe 1 2,732.15 2,732.15 PR5/11 FD 0.00 BI-= --- jcb: 810330 #J2937 --- pgn: CH400 <1.34> rpt id: CHFLfR02 SE= FUD Ctdes: 80-82 ; Check Issue Dates: 030111-031511 350.00 350:00 PY#05/11 FD 0.00 PE ID PE Nave ACCLET NUVFFR / JOB NGS Invoice NLrrber Description St Disc. ATt. Dist. Part. V00363 AZUSr1 CHEER OF 8010110000-6235 1196 SIAM ADERMS TI PD 0:00 20.00 V00363 AZUSA CHWEER OF 8010110000-6630 1185 FY 2010/2011 AZJJ PD 0"00 2 712 15 V01305 V10604 nv�.rr_tyar awe a :111111111 ' I l' IIR� �' :111111111 1 1 V06783 CI'IISI= 8000000000-3010 V06783 CTIIS11= 8000000000-3010 V06783 CITISIREEP 8000000000-3010 V13074 V10322 FL AM R AM JOYCE 8010125000-7105 It la'• 9 as � :1 1 1111 M & T BANK 8000000000-3010 030811 2618/1101005 130/1101005 2310%1101005 2315/1101005 EC405916 0017396IN 0016543IN MIRAW-3/3 PEID Llmd: 0.00 PPaaiid: 'Ibtal: 2,732.15 2,732.15 PR5/11 FD 0.00 350.00 PEIDd: �d: 0.00 Total: 350.00 350:00 PY#05/11 FD 0.00 35.00 105%11 11 O5/11 PD 0.00 FD 0.00 PD 0.00 PEID d: Paid: Total: EWO1 is�1 11 0.00 35.00 35.00 267.00 586.83 125.08 0.00 978.91 978.91 1450,000.00 PEIDd: 0.00 Paid: Total: 1450,000.00 1450,000.00 FY 10/11 PFDPIY PD 0.00 FY 10/11 FRMY FID 0.00 1,394.85 2,100.00 FEID d: d: Total: 0.00 3,494.85 3,494.85 Lefrd Omp Fbl/P PD 0.00 369.17 a City of Azusa HP 9000 04/13/11 O P E N H O L D D B LISTING By ParsaVEhtity Narre Paqe 2 W®, APR 13, 2011, 9:58 AM ---req: RUBY -------leg: GL JLr--lcc: BI -TECH --- jcb: 810330 #J2937---Pgn: CH400 <1.34> rpt id: CFTITR02 SELECT FUID Oxles: 80-82 ; Check Issue Dates: 030111-031511 PE ID PE Narre ACSSXNT NCNEER / JC9 NUvEER Invoice NUrber Description St Disc. Ant. Dist. Ant. ---- -- PEID d: 0.00 Paid: 369.17 Total: 369.17 V06652 OFFICE rvAX CCiVIR 8010110000-6530 V06652 OFFICE MAX CC1\7IR 8010110000-6530 V13041 PUBLIC HEALTH FO 8010125000-7080 V12457 SEFFER PEPPY CPS 8010110000-6240 V12457 SEFFFI2 PETTY CAS 8010110000-6625 1:1 Y• �■••■ 1 � I•• :111111111 1:1 Y• I■••■ 1 L �•• :111111111 1•• 11 Y• I■••■ 1 � �•• :111111111 1,• 638122 A2671-4AU POST I PD 0.00 638122 A55164 AVERY 516 PD 0.00 012511 RE=/SFaRCIY U PEID Umd: Paid: Total: FD 0.00 PETD 117 d: Paid: Total: 020911 020911 Miles Reirdxu s PD 0.00 Program Expense FD 0.00 PED UVdd Total: 1221/1101005 PY405/11 0.00 0.00 PES Ulpadd: Paid: Ibtal: PD 0.00 PETDLh n�z' : d Paid: Total: 5.29 32.27 0.00 37.56 37.56 2,970.00 0.00 2,970.00 2,970.00 23.00 10.96 0.00 33.96 33.96 95.94 283.96 0.00 379.90 379.90 NOW1._! 0.00 132.64 132.64 V11188 SULLY -MILLER CCN 8010165624-2745 63868 Gaztracts Pbl/Co PD 0.00 34,883.18 P=d: 0.00 Paid: 34,883.18 Total: 34,883.18 City of Azusa HP 9000 04/13/11 O P E N H O L D WM, AFR 13, 2011, 9:58 AM ---req: RUBY ------- leg: CL JL --- loc: SE[.FX?P FUD Cbdes: 80-82 ; Check Issue Kites: 030111-031511 PE ID PE Narre ACS1iNP NUyEER / JCB NLF472 D B LISTING By Ferscn/Ehtity Nave BI-TfXI-I--- job: 810330 #J2937 --- p9m: CFAOO <1.34> rpt Invoice NLrrber Description St Disc. Ant. Page 3 id: CHFL 02 Dist. Arrt. V06107 U.S. HANK = P 8010110000-6235 022811 ICAC IDEA EXUPN RV 0.00 185.00 V06107 U.S. BANK CXRP P 8010110000-6235 022811 ICSC AZVUAL PLIES RV 0.00 50.00 V06107 U.S. HANK CSX2P P 8010110000-6235 022811 ICSC AlUMI, UJES FD 0.00 100.00 V06107 U.S. HANK CORP P 8010110000-6235 022811 ICSC IDEA ERCHAN FD 0.00 185.00 V06107 U.S. BANK MRP P 8010110000-6235 022811 ICSC ANZ-AL LUES FD 0.00 50.00 V06107 U.S. aW MRP P 8010110000-6235 022911 ICSC AW -AL EXJES RV 0.00 100.00 PEID 0.00 Paid: 335.00 Total: 335.00 Reversed: 335.00 V04678 VERIZCN WIRELESS 8010110000-6915 0953573821 0953573821 invoi PD 0.00 95.60 V04678 VFMaN WIRELESS 8010110000-6915 0953584842 0953584842 invoi FD 0.00 10.00 PEID d: 0.00 Paid: 105.60 Total: 105.60 V07755 WELLS FARM HANK 8010110000-6610 734016 2005 TAB B ID AD FD 0.00 2,500.00 MIDd: 0.00 Paid: 2,500.00 Total: 2,500.00 GRAND TOTAL U ,d: 0.00 Paid: 1499,337.92 Tbtal: 1499,337.92 Reveres: 335.00 40 e7j P ORDINANCE NO. • i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENT ZCA 231 TO CHAPTER 88 — DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE WHEREAS, on February 22, 2005, the City Council of the City of Azusa ("City Council") adopted the new Development Code (Chapter 88 of the Azusa Municipal Code) with the understanding that the "Form -Based Code" format included wholesale changes to the prior Code, and revisions would be necessary after the new Code was implemented; and WHEREAS, City staff has prepared a proposed amendment to the Development Code to provide clarification and to add necessary language to the existing provisions of the Municipal Code; and WHEREAS, on January 12, 2011 and February 16, 2011, the Planning Commission of the City of Azusa ("Planning Commission") conducted noticed public hearings on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the revision to the Development Code were heard and the revision was fully studied, discussed and deliberated; and WHEREAS, the Planning Commission carefully considered all pertinent testimony and the staff report presented during the public hearings for the revision to the Development Code and adopted Resolution No. 2011 -01 recommending that the City Council approve the proposed amendment to the Development Code; and WHEREAS, on April 4, 2011, the City Council conducted a duly noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the amendment to the Development Code were heard, and the proposed amendment and public testimony were fully studied, discussed, and deliberated: and WHEREAS, the City Council wishes to adopt the proposed amendment to the Development Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Code is amended as follows, with additions shown in underline and deletions in s4ri=6ethreug_ SECTION2. Table 2-2 of Article 2 of Chapter 88 of the Azusa Municipal Code is hereby revised in part to read as follows: A-1 Article 2 — Urban Standards 88.24.005 - Allownhle t kPC in tnictrirtc TABLE2-2 Allowed Land Uses and Permit Requirements for Districts P MUP UP S -- Permitted Use. Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations `DTC I DCC DTV Dr DW DWL SERVICES- BUSINESS, FINANCIAL. PROFESSIONAL ATM P I P P P P P Bank, financial services P P P P -- Business Su ort service P P P P p P Medical services- Clinic, urgent care -- -- __ P _ Medical services - Doctor office P(6) P P P -_ Medical services - Extended_ care (3 - Mixed Use Protect P P I P P __ __ 88A2,120 Office - Accessory P P P P P p Office - Business/service P P P P Office - Government P P P p _- p Office - Processing P 2 P(2 P(2) P __ p Office - Professional P 2• P 2+ P('2 n P __ Kev to Zone S in ols - DTC Downtown - Town DE Edgewood District Center DCC Downtown - Civic - DW West End Industrial District Center DTV Downtown -Transit DWI. West End Light Industrial District Villape I Notes: (1) A definition of each listed use type. is in Article 6 (Glossary). (2) Office - Processine permitted on a second or upper floor only (2«) Office - Professional Permitted; except for on Azusa Avenue and San Gabriel Avenue where it is allowed on asecond or upper floor Only. (3) This is a critical, sensitive. or high occupancy facility, subject to the hazard mitigation requirements of Section 88.30.030. (4) Allowed only in the area designated "Recrcatkm/Landfill Mixed Use" by the General Plan. (5) Allowed only in the area designated "Hotel/Conference Center" by the General Plan. (6) Allowed on second or upper Floor only, except for uses existing on March 25, 2005, which shall be considered conforming uses. SECTION 3. CEQA- The City Council finds that the adoption of this revision to the Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)('2) of the CEQA Guidelines. California Code of Regulations, Title 14, because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change to the environment. A-2 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence,clause, or phrase thereof. irrespective of the fact that any one or more section, subsection, subdivision, paragraph,. sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. SECTION 5. Findine of Fact. The City Council also finds that: A. The proposed amendment is consistent with the goals, policies and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. The proposed Development Code Amendment is consistent with General Plan Goal #d: "Allow for and encourage the intensification of commercial uses in the Corridors and in the Districts to provide economic stability and to provide residents with essential goods and services," in that expanding the locations where professional office use is allowed provides additional opportunities for residential employment and services. B. That the proposed zone change will not adversely affect surrounding properties. The proposed Development Code .Amendment, allowing Office — Professional uses on the ground floor of properties in the Downtown Districts, excepting Azusa Avenue and San Gabriel Avenue, will not adversely affect surrounding properties. Ground floor office use will provide additional, convenient amenities for residents and adjacent properties. SECTION 6. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 7. Summary. A summary of this ordin e -shall -b -e -published in the manner required by law. PASSED, APPROVED, AND ADOkTEP this 4th day of April 20 ATTEST: =1 Mayor Vera Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENT ZCA 232 TO CHAPTER 88 — DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE WHEREAS, on February 22, 2005, the City Council of the City of Azusa ("City Council") adopted the new Development Code (Chapter 88 of the Azusa Municipal Code) with the understanding that the "Form -Based Code" format included wholesale changes to the prior Code, and revisions would be necessary after the new Code was implemented; and WHEREAS, City staff has .prepared a proposed amendment to the Development Code to provide clarification and to add necessary language to the existing provisions of the Municipal Code; and WHEREAS, on March 16, 2011, the Planning Commission of the City of Azusa ("Planning Commission") conducted a noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the revision to the Development Code were heard and the revision was fully studied, discussed and deliberated; and i r WHEREAS, the Planning Commission carefully considered all pertinent testimony and the staff report presented during the public hearings for the revision to the Development Code and adopted Resolution No. 2011-04 recommending that the City Council approve the proposed amendment to the Development Code; and WHEREAS, on April 4, 2011, the City Council conducted a duly noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the amendment to the Development Code were heard, and the proposed amendment and public testimony were fully studied, discussed, and deliberated; and WHEREAS, the City Council wishes to adopt the proposed amendment to the Development Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Code is amended as follows, with additions shown in underline and deletions in stfikethfeii . as follows: Chapter 88 of the Azusa Municipal Code is hereby revised in part to read A-1 6 DEVELOPMENT CODE AMENDMENT 232 Program 10 of the 2008-2014 Housing Element calls for the following Development Code Amendment: 88.42.120 - Mixed Use Projects C. Maximum density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan Besignation and zoning district. The number of units allowed on a site shall be calculated by applying the applicable density requirement to the entire area of the site fora vertical mixed use project, but only to the portion of the site to be occupied by the footprint of residential units in a horizontal mixed use project. 1. Lot consolidation and calculating allowable density. Where two or more legal Parcels are combined to create a site for a development plan for a mixed-use project calculations for maximum allowable density which result in a fraction that is 0.50 or greater shall be rounded up to the nearest whole number. Those density calculations resulting in a fraction that is less than 0.50 shall be rounded down to the nearest whole number. Program 14 of the 2008-2014 Housing Element calls for the following Development Code Amendment: 88.32. - Affordable Housing Incentives 88.32.010. - Purpose. 88.32.020. - Density Bonus Incentive. 88.32.030. - Types of Bonuses and Incentives Allowed. 88.32.040. - Continued Availability. 88.32.050. - Location and Type of Designated Units. 88.32.060. - Processing of Bonus Requests. 88.32.070. - Density Bonus Agreement. 88.32.080. - Control of Resale. 88.32.090. - Waiver of Standards. 88.32.010. - Purpose. This chapter is intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low-income, moderate -income, and senior citizen households. Where regulations are not specifically addressed in this chapter or where there are conflicts between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply. 88.32.020. - Density Bonus Incentive. In order to be eligible for a density bonus and other incentives as provided by this chapter, a proposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918. A density bonus and applicable incentives/concessions shall be granted if an applicant for a housing development seeks and agrees to construct a development that contains low-income, very low-income, moderate -income, and/or senior housing units, the required percentages of which are.outlined in Government Code Section 65915(b)(1). A-2 88.32.030. - Types of Bonuses and Incentives Allowed. The amount of a density bonus, and the extent of other incentives allowed for a proposed housing development shall be determined by the council in compliance with Government Code Section 65915. An additional density bonus incentive shall be granted if an applicant proposes to construct a housing development that conforms with Government Code Section 65915(b)(1) and that includes a child care facility located on the premises of, as part of, or adjacent to the project. If a density bonus and/or other incentives cannot be accommodated on a site due to strict compliance with the provisions of this Development Code, the council may modify or waive other development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. A. Calculating Density Bonus. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purposes of calculating a bonus, the residential units do not have to be based upon individual subdivision maps or parcels. B. Other Incentives. , 1. Applicant Specified Concessions or Incentives. An applicant may submit to the city a request for specific concessions or incentives in compliance with this section. 2. Available Concessions or Incentives. A qualifying project shall be entitled to one, two, or three of the following incentives, as allowed by Government Code Section 65915, in addition to the density bonus allowed by Section 88.32.020 and subsection A. above: a. A reduction in the site development standards of this Development Code (e.g. site coverage, off- street parking requirements, reduced parcel dimensions, and/or setback requirements); b. Approval of mixed use zoning not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or c. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions. 3. Additional Concessions or Incentives. The council shall have the discretion to approve additional concessions or incentives to a qualifying project based on the superior merits of that particular project, as determined by the council. 4. Required Findings to Reject Concession or Incentive. The council shall grant the concession or incentive requested by the applicant unless the council makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or b. The concession or incentive would have a specific adverse impact, as defined by Government A-3 Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate -income households. C. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval. 88.32.040. - Continued Availability. The planning permit application for the affordable residential project shall include the procedures proposed by the developer to maintain the continued affordability of the designated lower income units as follows. These provisions shall apply to both rental and for -sale ownership units. A. Development Projects with Public Funding. A project that receives a direct financial contribution or other financial incentives from a public source (including the city, the Department of Housing and Urban Development (HUD), or state tax credit program), or a density bonus and at least one other concession or incentive in compliance with Section 88.32.030, shall maintain the availability of the designated lower income units for a minimum of 30 years, as required by Government Code Sections 65915(c) and 65916; or B. Private Development Projects—Density Bonus Only. Privately -financed projects that receive a density bonus as the only incentive from the city shall maintain the availability of the designated lower income units for a minimum of ten years. 88.32.050. - Location and Type of Designated Units. A. Location/Dispersal of Units. The designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non -designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality. B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non -density bonus units, or phased in another sequence acceptable to the city. 88.32.060. - Processing of Bonus Requests. A. Use Permit Required. A request for bonus units shall require the approval of a use permit in compliance with Section 88.51.050. B. Findings for Approval. In addition to the findings required for the approval of a use permit in compliance with Section 88.51.050, the approval of a density bonus shall require that the commission first make all of the following additional findings: 1. The project will be consistent with the General Plan, except as provided by this chapter with regard to maximum density, density bonuses, and other incentives and concessions; 2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities; A-4 3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter; 4. In the event that the city does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and 5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. 88.32.070. - Density Bonus Agreement. A. Procedures. An owner/developer requesting a density bonus, shall draft, and agree to enter into, a density bonus agreement (referred to in this section as the "agreement") with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the city manager and the city attorney. B. Execution of Agreement. 1. Following execution of the density bonus agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder's office. 2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the units. 3. The agreement shall be binding to all future owners, developers, and/or successors -in -interest. C. Information in Agreement. The density bonus agreement shall include at least the following information: 1. The total number of units approved for the housing development, including the number of designated dwelling units; 2. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines; 3. The marketing plan for the affordable units; 4. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units; 5. Tenure of the use restrictions for designated dwelling units of at least ten or 30 years, in compliance with Section 88.32.040 (Continued Availability), above; 6. A schedule for completion and occupancy of the designated dwelling units; 7. A description of the additional incentives being provided by the city; A-5 8. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors -in -interest of the project; and 9. Other provisions to ensure implementation and compliance with this chapter. D. Agreement Provisions.The density bonus agreement shall include at least the following provisions: I . The developer shall give the city the continuing right -of -first -refusal to lease or purchase any or all of the designated dwelling units at the appraised value; 2. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors -in -interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; 3. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by HUD; 4. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; 5. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy. 6. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services. E. For -Sale Housing Conditions. In the case of a for -sale housing development, the density bonus agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period: 1. Designated dwelling units shall be owner -occupied by eligible very low-, low-, or moderate -income households, or by qualified residents in the case of senior housing; and 2. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which: a. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period; b. Contains provisions as the city may require to ensure continued compliance with this chapter and state law; and C. Shall be recorded against the parcel containing the designated dwelling unit. 3. The applicable restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial M assistance in compliance with Section 88.32.040 (Continued Availability). F. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; 2. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; 3. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income ofeach person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and 4. The applicable use restriction period shall be a minimum of ten years for projects with density bonus without financial subsidy or assistance and a minimum of 30 years for projects receiving financial assistance in compliance with Section 88.32.040 (Continued Availability). 88.32.080. - Control of Resale. In order to maintain the availability of affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply. A. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the Los Angeles metropolitan area consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director. B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any "finders fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs. C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided bythe city, stating the restrictions imposed in compliance with this section. the grant deed shall afford the grantor and the city the right to enforce the attached declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions as required by this section. D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a 90 -day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action. A-7 88.32.090. - Waiver of Standards. A. Judicial relief. As provided by Government Code Section 65915(d).(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. B. Waiver of standards preventing the use of bonuses, incentives, or concessions. 1. As required by Government Code Section 65915(e), the City will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 20.30.020 A (Resident requirements), above, at the densities or with the concessions or incentives allowed by this Chapter. 2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side setbacks, and placement of public works improvements. 3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. C. City exemption. Except as provided in Subsections A. and B., above, nothing in this chapter shall be interpreted to require the City to: 1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or 2. Grant a density bonus, incentive, or concession, or waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. 88.70.020. - Definitions of Specialized Terms and Phrases Density Bonus. As defined by State law (Government Code Section 65915 et seq.), an increase over the maximum density otherwise allowed by the applicable zoning district, that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to households of very low, low, and/or moderate income and/or senior citizens. When determining the number of dwelling units that shall be affordable, the units authorized by the density bonus shall not be included in the calculation. Program 15 of the 2008-2014 Housing Element calls for the following Development Code Amendment: New Section: 88.42.082 Emergency Shelters A. Purpose. Consistent with Government Code §65582, 65583(a) and 65589.5, all California cities are required identify a zone in which to permit emergency shelters as a matter of right. The purpose of regulating the siting of emergency shelters is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety, and general welfare of nearby residents and businesses while providing for the housing needs of the homeless. B. Use Standards. 1. The emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at any one time. 2. Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program. Services shall be provided to assist residents to obtain permanent shelter, income, and services. No individual or household may be denied emergency shelter because of an inability to pay. 3. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. The intensity shall comply with standard City performance standards for outdoor lighting. 4. Onsite management of the facility shall be required during all open hours of operation. 5. The emergency shelter provider/operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, transportation issues, security, screening to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 6. The emergency shelter facility shall demonstrate that it is in and maintains in good standing with County and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility. C. Development Standards. The development standards set forth Article 3 for the zone in which the emergency shelter is located shall apply, unless otherwise specified here. I . No more than one emergency shelter shall be permitted within a radius of 300 feet of another such facility. 2. Interior on-site waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas maybe a maximum of 100 square feet, and must be located within 50 feet of the public right-of-way. 3. Parking and outdoor facilities shall be designed.to provide security for residents, visitors, and employees. 4. The development may p rovide one or more of the following specific common facilities for the exclusive use of the residents: a. Central cooking and dining room(s) b. Recreation room C. Counseling center d. Child care facilities MM e. Other support services 5. On-site parking for emergency shelters shall be provided as set forth in Chapter 88.36. Section 88.24.005 Table 2-2: Allowed Land Uses and'Permit Requirements for Districts Land Use Type PERMIT REQUIRED BY ZONE Specific Use DTC DCC DTV DE DW DWL Regulations RESIDENTIAL USES Emergency Shelter /Transitional PUP UP 88.42.082 Shelter Land Use Type PERMIT REQUIRED BY ZONE Specific Use Regulations DU -MU DU -RM DU- I RMO RESIDENTIAL USES Emergency Shelter-/4+ansitienal Sheker UP 88.42.082 Single Room Occupancy Facility MUP MUP MUP 88.36.50 Number of Parking Spaces Required TABLE 3-7 — PARKING REQUIREMENTS BY LAND USE Emergency Shelter ]space for each 5 beds and 2 additional spaces Single Room Occupancy (SRO) 1 space for each unit. Chapter 88.70.020 Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Single Room Occupancy (SRO) Facility. A facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 300 square feet. These dwelling units may have kitchen or bathroom facilities and offered on a monthly basis or longer. Residential Care. A single-family dwelling or multi -unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family -like environment. Does not include day care facilities, which are separately defined. Residential Care also includes supportive housing, which is defined as housing with no limit on length of stay that is occupied by a special needs population, and that is linked to regular onsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, A-10 I and maximizing his or her ability to live and, when possible, work in the community. SECTION 3. CEQA. The City Council finds that the adoption of this revision to the Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, becau`sethe activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change to the environment. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision,. paragraph, sentence, clause, or phrase would be declared invalid, unconstitutional, or unenforceable. SECTION 5. Findine of Fact. The City Council also finds that: A. The proposed amendment is consistent with the goals, policies and objectives of the general plan, any applicable specific plan, development agreement, owner participation agreement or disposition. and development agreement. The proposed Development Code Amendment is consistent with the General Plan Goals and Policies, as the Housing Element has been reviewed for consistency with the City's other General Plan Elements and the policies and programs in the Housing Element reflect the policy direction contained in other parts of the General Plan. The Housing Element identifies priority goals, objectives, policies and action programs for the next five years that directly address the housing needs of Azusa. The action programs identified in the Housing Element as Programs 10, 14, and 15 call for the proposed Development Code Amendments to be implemented within the year 2011. Since the proposed Development Code Amendment plays an integral role in implementing the City's Housing Element of the General Plan, the proposed amendments are necessary to achieve consistency between the City's General Plan and Development Code. B. That the proposed zone change will not adversely affect surrounding properties. The proposed Development Code Amendment, implementing Programs 10, 14, and 15 of the Housing Element, will not adversely affect surrounding properties. The proposed Development Code Amendments will not result in a change to the City of Azusa's General Plan Land -use map or the Development Code Zoning Map A-11 SECTION 6. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 7. Summary. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 4`h day of April 2011. ATTEST: Vera Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney A-12 Joseph R. Rocha Mayor c AZUSA 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: APRIL 18, 2011 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On April 12,2011,the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP DATE BASE MO SALARY PW Vidal Street Maintenance Merit Increase 8174/5 Villagomez Worker III 02/08/2011 $4,984.38 PD Cherie Eads Police Officer Merit Increase 6101/2 03/09/2011 $5,771.73 PD Lauren Ferrari Police Officer Merit Increase 6101/4 05/21/2011 $6,369.40 PD DeWayne Police Sergeant Merit Increase 6501/4 Eldridge 05/16/2011 $7,779.92 ECD Kimberly Cooke Assistant Planner Merit Increase 4190/5 05/06/2011 $5,697.19 UTL Steve Gonzalez Water Distribution Merit Increase 5167/3 Worker I 04/05/2011 $4,056.63 0.4)(1)1( • B. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments have been requested by department head(s)pursuant to the Rules of the Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP FROM/TO DATE BASE MO. SALARY UTL Derek Baird From: Water Distribution 03/23/2011 5250/3 Worker II $5058.35 To: Water Distribution Worker III UTL Richard Gonzales From: Water Distribution 03/06/2011 5250/3 Worker II $5058.35 To: Water Distribution Worker III B. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE PD Frank Cueva, Jr. Police Officer Trainee 03/30/2011 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets.