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Home My WebLink AboutAgenda Packet - November 7, 2011 - CCAZUSA 213 6:30 P AGENDA REGULAR MEETING OF THE CITY COUNCIL, THE REDEVELOPMENT AGENCY, AND THE AZUSA PUBLIC FINANCING AUTHORITY FOOTHILL BOULEVARD PRO -TEM AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR MONDAY, NOVEMBER 7, 2011 6:30 P.M. Closed Session 7:30 P.M. Regular Meeting ANGEL CARRILLO COUNCILMEMBER ROBERT GONZALES COUNCILMEMBER Prior to going into closed session the City Council will convene in the Auditorium serving as council chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M Any 11/07/11 Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and City Manager Detach ations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), CAPP (Civilian Association Police Personnel), SEIU (Service Employees International Union). wishing to comment on any of the Closed Session items listed above may do so now. Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library and Police Department Lobby. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start �f the City Council meeting. Cards submitted after 7:30P.M. will not be accepted. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL AND AGENCY BOARD 1. Call to Order 2. Pledge to the Flag - Richie Lugo, Daniel Lugo and Joet Gonzalez 3. Id.vocation — Pastor Rick McDonald of Azusa House of Prayer A. CEREMONIAL MA Helen Jaramillo, from Victor Hodge School, to do a presentation on National Walk to School Day Red Ribbon Day. This time has been set aside for persons in the audience to make public comments on items within the subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed as an item other than a public hearing item. Members of the audience will have the opportunity to address the city council/a'gency board about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the council/agency board is prohibited from taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. The council/agency board will respond after public comment has been rec ived. Each person or representative of a group shall be allowed to speak without interruption for up to five (5), continuous minutes, 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. C. Director Nancy Johnson to discuss Public Service Hours at Azusa City Library 11/07/111 -2- H Pj 3. Pr' ovide direction on the following requests by APU: (1) Allow a fitness and exercise gym at the former Big Lots unit, notwithstanding the City's current zoning regulations that prohibit more than 15% of the shopping center's use for non -sales tax generating uses because APU and the tenant have proposed an In' -Lieu Sales Tax Agreement; and (2) Allow a quick serve restaurant with a drive thru at the former Sizzler restaurant site, notwithstanding the Agency's Owner Participation Agreement that specifies a full service restaurant, if APU locates a full service restaurant, with a minimum of a beer and wine license w�th the center. Authorize the City Manager to negotiate an agreement with APU authorizing a quick serve restaurant with a requirement of $10,000 per year liquidated damages for the remainder of the O!PA if APU fails to have a full service restaurant on site. 9 Amend Section 46-239 (a) of the Azusa Municipal Code allowing the City Council to authorize and payment for information leading to the arrest of any person found in violation of California Penal le Section 594 or 640.5. Waive further reading and adopt the following Resolution No. 11-C75, implementing a graffiti rrd program: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CHORIZING A GRAFFITI REWARDS PROGRAM AND AUTHORIZING STAFF TO DERTAKE APPROPRIATE ACTIONS CONSISTENT THEREWITH. Appropriate approximately $5,000 annually from the General Fund Reserves for the Graffiti Reward ,e further reading and adopt the attached Resolution No. I I -C76, establishing Notice of Intention waive further reading and conduct the first reading of the proposed ordinance to approve an idment to the contract between the Board of Administration of the Public Employee's Retirement ;m (PERS) and the City of Azusa 11/07/111 -3 - E. 2. Consent Calendar adopting the printed recommended actions will be enacted with one vote. If 7cilmembers or Staff wish to address any item on the Consent Calendar individually, it will be idered under SPECIAL CALL ITEMS. Minutes as written. Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and Memorandum of Understanding(s). 3. CITY TREASURER' E 5 and file the report. Resolution No. 11-C77 re -appointing LaLisa Morgan -Davis and Resolution No. 11-C78, ing Helen Jaramillo to the Human Relations Commission. prove the attached janitorial service specifications and authorize staff to solicit bids for city-wide itorial services. 6. AWARD OF CONTRACT — I a contract to Creative Bus Sales in an amount of $133,032 for the purchase of (2) 2011 Ford Transit Buses. 11/07/111 - 4 - F.1 a CONY F 2. 11/07/ ACCEPTANCE OF RELINQUISHMENT AGREEMENT FROM CALTRANS FOR AZUSA AVENUE (STATE ROUTE 39) FROM ARROW HIGHWAY TO 330 FEET NORTH OF ARROW HIGHWAY AND THE MAINTENANCE OF SIGNALS AT THE INTERSECTIONS ON AZUSA AVENUE AT FIRST STREET, PARAMOUNT STREET, GLADSTONE STREET AND ARROW HIGHWAY. ACTION: prove the relinquishment agreement from Caltrans and authorize the Mayor to sign the agreement. PROJECT #601403-11 — CONCRETE/ADA IMPROVEMENTS PROJECT - REOUEST RECOMMENDED AI CTP CITY COUNCIL APPROVAL OF THE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT A NOTICE OF INVITING BIDS (NIB). prove the Plans and Specifications and authorize staff to solicit a notice of inviting bids for CIP #601403-11 —Concrete ADA Improvements. OF COST SHARING AND MAINTENANCE AGREEMENT BETWEEN THE RECOMMENDATION: AI Project APPROVAL CITY OF AZUSA AND THE CITY OF GLENDORA FOR THE EXTENSION OF CITRUS AVENUE AND IMPROVEMENTS RELATED TO THE ROSEDALE DEVELOPMENT. RECOMMENDATION prove the agreement between the City of Azusa and City of Glendora and authorize the Mayor to the agreement. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. AI execute WARRANTS. RiECOMMENDED ACTION: Resolution No. 11-C79. AS THE REDEVELOPMENT AGENCY CONSENT CALENDAR Consent Calendar adopting the printed recommended actions will be enacted with one vote. II and Members or Staff wish to address any item on the Consent Calendar individually, it will be under SPECIAL CALL ITEMS. PPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 17, 2011. Adopt EINE AGENCY The Bol considered RIECOMMENDED ACTION: Minutes as written. TREASURER'S REPORT AS OF SEPTEMBER 30, 2011. - 5 - Approve AGENCY I1 G H. and file the report. 3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE E Resolution No. 11-R42. Consent Calendar adopting the printed recommended actions will be enacted with one vote. If ctors or Staff wish to address any item on the Consent Calendar individually, it will be considered r SPECIAL CALL ITEMS. Minutes as written. ive and file the Report. 1. Adjourn in memory of Peter "Bubbles" Lugo, Jesus F. Pedroza, Elena "Helen" Ceniceros, Ruth Anne Griffin, Jeannette K. Partridge, Fred Granados, and Josephine Luna Gonzales. 21, 2011, City Council Meeting — 6:30 p.m. Azusa Auditorium 28, 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 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, In comp, meeting, meeting made to with the Americans with Disabilities Act, if you need special assistance to participate in a city contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the special services are needed will assist staff in assuring that reasonable arrangements can be e access to the meeting. 1 ] /07/11 ! - 6 - HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL NANCY JOHNSON, LIBRARY DIRECTOR j Y% F. M. DELACH, CITY MANAGER TE: NOVEMBER 7, 2011 PUBLIC SERVICE HOURS AT AZUSA CITY LIBRARY member of the public has requested that .Azusa City Library's hours be extended on .days and Saturdays. This staff report addresses current library hours, level of use, and st of extending public service hours. PUBLIC SERVICE HOURS is a library priority to maximize public use within the constraints of library staffing. ie library offers a varied schedule, including morning, evening, and weekend hours. ie Azusa City Library is open to the public 55 hours per week:* Monday, 10:00-9:00 . Tuesday, 10:00-9:00 Wednesday, 10:00 — 9:00 Thursday, 10:00-6:00 Friday, 10:00 — 5:00 Saturday 10:00 -5:00 TSITICAL USE DATA SIRSI automated system and the door counter provide data on library use. Staff has itored the door counter on an hourly basis on some recent Friday and Saturday noons to provide "snapshots" of library use at these times. I. LIBRARY VISITS PER HOUR** Consistent with libraries across the country, visits to the Azusa City Library are highest on Monday, decreasing gradually through the week and falling off considerably on Saturday. Library Visitors per hour, 2011 Monday Tuesday Wednesday Thursday Friday Saturday 73 68 66 67 52 50 80 b a zx 4t e �'.t..+`uF 70 i'a^i �3:43�xtivins .Y•'s` '. 4 [�� 60 1 kry)q y� ty q� R�+YS"is^_ "4`�—" �'6�'r2.�� 50 ....IXx'kaX ti`✓r %i" ✓N XTu ftY 40 t. A ii 30 fig^ $iS!p�i p s" "� �x 20 ,� _�»a �e f;�x.,.>>. r* wx�" �r-maser--"�v.w �; _ •r%:? _ �..�-� ''..'@�ra.r< 10 4i^'�;..: MVP Monday Tuesday Wednesday Thursday Friday Saturday II. CHECK-OUTS PER HOUR Data from the SIRSI automated system provides a composite of library checkouts per hour from January 1- September 30, 2011:** Checkouts by hour, 2011 10am 11am 12om tom 2pm 3pm 4pm 5pm 6pm 7pm bpm 18 30 34 33 45 44 52 60 52 55 34 Check out of library materials is lowest in the morning, rising as the day progresses, and peaking between 4:00 and 7:00 PM, after which circulation declines until closing. Given the relatively high number of library visits on Fridays, it is possible that extended library hours on that day would be well - used by the public. Library visits on Saturday are considerably lower and make this a low priority day for hours expansion. Circulation is just one measure of library use. During morning hours, the library is used for computer training, baby and toddler programs, school visits, etc.—programs which are not possible later in the day. Moving hours from the morning to late day on Friday would deny children and their parents and seniors library use and programs. 70 "�v a i` . a '"P _ 60 RN � a 40 Ut- s:K 1t 30,'tea:'I"ri,i. Ww k� s 20 10 �, ''-.=m'm - ' 0 10am 11 am 12pm fpm 2pm 3pm 4pm 5pm bpm 7pm 8pm Check out of library materials is lowest in the morning, rising as the day progresses, and peaking between 4:00 and 7:00 PM, after which circulation declines until closing. Given the relatively high number of library visits on Fridays, it is possible that extended library hours on that day would be well - used by the public. Library visits on Saturday are considerably lower and make this a low priority day for hours expansion. Circulation is just one measure of library use. During morning hours, the library is used for computer training, baby and toddler programs, school visits, etc.—programs which are not possible later in the day. Moving hours from the morning to late day on Friday would deny children and their parents and seniors library use and programs. 0 III. HOURLY PATRON COUNT Staff collected hourly data from the people counter on selected Friday and Saturday afternoons: Friday, October 14 1-2, p.m. 39 2-3 p.m. 37 3-4 p.m. 30 4-5 p.m. 49 Saturday, October 15 1-2 p.m. 41 2-3 p.m. 29 3-4 p.m. 40 4-5 p.m. 9 Friday, October 21 1-2 p.m. 26 2-3 p.m. 9 3-4 p.m. 25 4-5 p.m. 11 Saturday October 22 1-2 p.m. 30 2-3 p.m. 12 3-4 p.m. 26 4-5 p.m. 5 Friday, October 28 1-2 p.m. 48 2-3 p.m. 42 3-4 p.m. 28 4-5 p.m. 57 This data favors adding at least one additional hour on Fridays. Saturday foot traffic is lower, especially as they day grows late, and does not support adding hours on Saturday. SENIOR CITIZEN USE The citizen recommendation for expanding Friday and Saturday hours was partly driven by concern for seniors who do not have a cool place to be after the library closes. The days observed were not "cooling center" level. However, staff did not observe any seniors without their own transportation in the library at closing time. COST OF ADDITIONAL HOURS OF LIBRARY SERVICE Extension of library hours would require additional staffing, a minimum of 2 Library Aides, a Library Assistant II or III, and a Librarian, totaling approximately $4,000 per year per additional hour just for staffing. There would be small additional costs to reprint library flyers and change library signage and there would be a small increase in library overhead costs. RECOMMENDATION It is recommended that library hours remain the same. The City of Azusa is facing another challenging budget year and an additional staffing costs would require cutting elsewhere in the library budget. When city finances improve, an expanded library hours adjustment should be considered. *Nearby public libraries have more limited hours: Glendora and Monrovia are open 45 hours per week; Covina Public Library is open 30 hours per week. "Figures have been adjusted to compensate for varying number of hours open per day. 4f / of SCHEDULED ITEM HONORABLE MAYOR AND ,OMEMBERS OF THE CITY COUNCIL KURT E. CHRISTIANSE , ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR F.M. DELACH, CITY MANAGER Ij�f NOVEMBER 7, 2011 PROPOSED FITNESS AND EXERCISE GYM AND QUICK SERVE RESTAURANT WITH A DRIVE THRU AT THE PROMENADE COMMERCIAL RETAIL CENTER (RANCH CENTER REDEVELOPMENT PROJECT AREA) OWNED BY AZUSA PACIFIC UNIVERSITY (APU), LOCATED ON THE SOUTHEAST CORNER OF ALOSTA AVENUE It is, recommended that the City Council provide direction on the following requests by APU: In of , OR Allow a fitness and exercise gym at the former Big Lots unit, notwithstanding the City's current zoning regulations that prohibit more than 15% of the shopping center's use for non -sales tax generating uses because APU and the tenant have proposed an In -Lieu Sales Tax Agreement; and Allow a quick serve restaurant with a drive tbru at the former Sizzler Restaurant site, notwithstanding the Agency's Owner Participation Agreement that specifies a full service restaurant, if APU locates a full service restaurant, with a minimum of a beer and wine license within the center. The City Council should then authorize the City Manager to negotiate an agreement with APU authorizing a quick serve restaurant with a requirement of $10,000 per year liquidated damages for the remainder of the OPA if APU fails to have a full service restaurant on site. 88, the Redevelopment Agency of the City of Azusa entered into an Owner Participation ,ment (OPA) for the redevelopment of certain real property located at the southeast corner osta Avenue and Citrus Avenue (The Promenade Shopping Center). The purpose of the was to revitalize the shopping center and generate retail sales taxes. The OPA has a term of I 35 years The City contributed a significant amount of money to redevelop the center this justifying the In -Lieu Sales Tax Agreement. In 2006, APU purchased the Shopping Center and began to lease units to non -sales tax generating lessees. In previous discussions and agreements with APU, the City has expressed its concerns that APU has continuously purchased sales tax and property tax generating properties and converted them to non-profit uses thereby depriving the City of much needed traditional sources of revenue. To ease the impacts of these purchases APU has agreed to make certain in -lieu tax payments to the City. In order to retain sales tax generating uses in the Shopping Center the City also adopted a code amendment restricting the uses in the Shopping Center to no more than 15% non -sales tax generating uses. Since 2007, the Promenade Shopping Center has had a number of business leave the center. In late 2010, the Sizzler closed. In early 2011 Big Lots did not renew their lease and closed their business. Currently over 60% of the center is vacant and one large tenant is no longer paying rent due to a clause in their lease related to vacancy. The City has actively marketed the center at ICSC in San Diego and Las Vegas. For over a year the City and APU have had discussions about a possible fitness center/exercise gym for this center. In August of 2011, APU and the proposed tenant contacted City staff to inquire about using the former Shopping Center unit occupied by Big Lots as a fitness and exercise gym (Gym). Because the Shopping Center is already occupied by more than 15% of non -sales tax generating uses staff advised APU and the proposed tenant that the Gym is not a permitted use in the Shopping Center at this time. In discussions with APU and the tenant an in - lieu sales tax payment equal to the lost sale tax generated by Big Lots to City (In -Lieu Payment) was discussed, in exchange for the City permitting the Gym use. The City Attorney has prepared - a draft In -Lieu Sales Tax agreement. This agreement would be contingent on the approval of the necessary entitlements for the project. Alternatively, the City Council may request that APU seek a zoning code amendment to reduce or eliminate the requirement that the Shopping Center be used primarily for sales -tax generating uses. In early 2011, City staff was approached by a national quick serve franchise inquiring about the former Sizzler property. The franchisee was doing due diligence on the site and found the City's Owner Participation Agreement (OPA) recorded on the property Title. Exhibit 5 of the OPA outlines the scope of development for the property. As part of Phase I of the scope, the OPA requires a dinner house quality restaurant on the corner of Alosta Avenue and Citrus Avenue. In the OPA, "dinner House" is defined as full service restaurant. This City Council, in previous actions, has viewed the term, "Full Service Restaurant", to mean a table service restaurant that serves a minimum of beer and wine. A quick serve restaurant with a drive thru does not meet this definition. After discussions with the applicant, it was determined that an amendment to the OPA would need to be adopted prior to entitlements being considered by the Planning Commission. Staff agreed to a concurrent process of the OPA amendment and the entitlements, and a formal application was submitted in June of 2011. In June of 2011, the State adopted a budget that included trailer bills AB X26 and AB X27. Trailer bill AB X26 eliminated redevelopment within the State of California and trailer bill AB X217 allowed Cities to pay a dollar amount to be allowed to continue redevelopment. In July of 2011, the City adopted an ordinance which agreed to pay the State a dollar amount to allow for the continuation of redevelopment with the City of Azusa. Prior to the adoption of AB X26 and ABX27, the Agency staff was working on an amendment to the OPA to allow for the quick serve restaurant with a drive thru at this location. Staff was willing to recommend to the Agency Board the OPS. amendment if another full service restaurant with a minimum of a beer and wine alcohol license was located somewhere else with the center. An OPA amendment was in draft form prior to the adoption of the redevelopment State Budget trailer bills and the subsequent filing of the lawsuit challenging the trailer bills. Based on actions by the State Supreme Court, thel Agency is now prohibited from amending any agreement until the litigation on AB X26 and AB X27 is resolved. The OPA is an agreement between the property own and the Agency and the stay placed on redevelopment by the Supreme Court prohibits amendments to any Agency agrieements. The City can not amend the document on behalf of the Agency. alternative to amending the OPA would be to give the City Manager authority to negotiate an ;ement with APU to allow the national quick serve franchise if the APU has another full ,ice restaurant on the property with a minimum of beer/wine license. If APU fails to secure ther restaurant with an alcohol license they would be liable for liquidated damages in the )unt of $10,000 per year for each year remaining on the OPA. City enters into an In -Lieu Sales Tax Agreement with APU and the proposed tenant, the would receive a payment equal to the sales taxes generated by the former Big Lots unit. 1. Proposed Agreement I RETAIL SALES TAX IN -LIEU AGREEMENT This RETAIL SALES IN -LIEU AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on November 7, 2011, by and among the City of Azusa, a municipal corporation ("the City"), AZUSA PACIFIC UNIVERSITY, a California nonprofit corporation ("APU") and NIGHT AND DAY, INC., a California corporation ("Tenant"). Azusa, APU and Tenant are at times referred to individually as a "Party" and collectively as the "Parties." I. BACKGROUND a. In 1988, the Redevelopment Agency of the City of Azusa entered into an Owner Participation Agreement (OPA) for the redevelopment of a retail shopping center commonly known as "Azusa Promenade" and located at 360 N Citrus Ave. Azusa CA 91702 ("Shopping Center"). The purpose of the OPA was to revitalize the Shopping Center and generate retail sales taxes. The OPA has a term of 35 years. APU is the current fee owner of the Shopping Center. b. In 2006, APU purchased the Shopping Center and began to lease units to non - sales tax generating lessees. In previous discussions and agreements with APU, the City has expressed its concerns that APU has continuously purchased sales tax and property tax generating properties and converted them to non-profit uses thereby depriving the City of much needed traditional sources of revenue. To ease the impacts of these purchases APU has agreed to make certain in -lieu tax payments to the City. c. In order to retain sales tax generating uses in the Shopping Center the City adopted a code amendment restricting non -sales tax generating uses in the Shopping Center to no more than 15% of the total net rentable area of the Shopping Center ("Code Amendment"). d. APU has previously entered into a lease with Tenant dated (the "Lease") covering the premises commonly known as 962 East Alosta Avenue (the "Premises"), for the operation of a full service health club (the "Intended Use"). Upon inquiry of City staff, City staff advised APU that it considered the Intended Use to be a non sales tax generating use and that permitting the Intended Use would put the Shopping Center in violation of the Code Amendment. e. City is willing to process Tenant's application for approval of the Intended Use at the Premises only if City is paid on a periodic basis an in lieu fee representing City's good faith estimate of the sales taxes that the City would have received if the previous tenant at the Premises (Big Lots) had continued to operated therein (an "In Lieu Payment"). Tenant is willing to pay an In Lieu Payment, subject to the terms and conditions set forth in this Agreement. T NOW THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: PERFORMANCE OF ACTS a. Tenant. Tenant agrees to pay to City in cash an In -Lieu Payment e4ual to $5,000 per quarter, commencing on the 1st day of the calendar quarter immediately following the 4th full calendar quarter in which Tenant has been open for business at the Premises and continuing on the 1st day of each successive calendar quarter, until the Lease expires or is earlier terminated by either APU or Tenant; provided, however, that during any period in which Tenant is not operating the Intended Use at the Premises (whether due to casualty, condemnation, remodeling or any other purposes), the In Lieu Payments shall be suspended or prorated as applicable so that In Lieu Payments are only being made by Tenant for periods in which Tenant is operating the Intended Use at the Premises. The In Lieu Payment shall similarly be prorated upon the expiration or earlier termination of the Lease based upon the portion of the final calendar quarter in which Tenant is operating the Intended Use at the Premises. Tenant's failure to timely make an In Lieu Payment to City shall be deemed an Event of Default (as defined in the Lease) under the Lease if not fully cured within five (5)business days following notice of such default delivered by APU to Tenant; the foregoing cure period shall specifically supersede any cure period provided in the Lease. b. City. City agrees to immediately process Tenant's application for the approval of the Intended Use at the Premises. City further agrees that it shall not deny such approval on the basis of any actual or alleged violation of the Code Amendment or otherwise due to the nature of the use to be conducted on the Premises by Tenant so long as such use is consistent with the Intended Use and complies with all general parking, traffic and environmental laws. In the event Tenant fails to timely make an In Lieu Payment, City shall promptly notify APU of such default. c. APU. Following its receipt of notice from City that Tenant has failed to timely make an In Lieu Payment, APU agrees to enforce its rights and remedies under the Lease in a commercially reasonable manner and make delinquent payments to City. d. If the Intended Use is permitted by City, it will be approved based upon the consideration provided for in this Agreement. If at any time, the In -Lieu payment is more than 30 days delinquent, the Intended Use shall automatically become an illegal use subject to full enforcement under the City's municipal and land use laws. III. FURTHER PROVISIONS a. All notices required or permitted hereunder shall be in writing and shall be served (i) on APU, at 901 East Alosta Avenue, Azusa, CA 9 1702-7000, Ann General Counsel, (ii) on Tenant, at its address set forth in Section 1.26 of the Lease and (iii) on City, at. Any such notices shall .be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one business day after deposit with such courier, (b) sent by U.S. certified mail return receipt requested, in which case notice shall be deemed delivered two (2) business days after deposit in the United States mail postage prepaid, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt. A Party's address may be changed by written notice to the other Parties; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice.. b. Each Party shall bear its own costs, expenses and attorneys' fees incurred in connection with the preparation of this Agreement, and each of the Parties hereto. expressly waives any claim for recovery of any such costs, expenses or attorneys' fees from the other Parties. Notwithstanding the foregoing, in the event a Party institutes against another Party or Parties a legal action or other proceeding arising out of this Agreement, the prevailing Party shall be entitled to recover from the other Party or Parties its attorneys fees and costs. c. Each Party hereto agrees to do all things and execute and deliver all instruments and documents reasonably necessary to execute, fulfill and effect the provisions of this Agreement. d. No waiver by any Parry of any breach of any term or provision of this Agreement shall be construed to be, nor shall be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. e. Each Party hereto represents and agrees that it has carefully read and fully understands all of the provisions of this Agreement, and that it is voluntarily, without any duress or undue influence on the part of or on behalf of any other Party, entering into this Agreement. f Each Party affirms that, prior to execution of this Agreement, it has consulted with its own legal counsel concerning the terms and conditions set forth herein. g. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed. h. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the Intended Use of the Premises under this Agreement and the Lease. Any prior agreements, promises, negotiations, or representations, either oral or written, not expressly set forth in this Agreement are of no force or effect. This section shall not be deemed to waive or override any rights, duties or obligations under the OPA. Each Party each hereby represents and warrants that in making this Agreement it understands and agrees that it has relied wholly upon its own judgment, belief and knowledge of the nature of its claims and that it has not been influenced to any extent whatever in making this Agreement by any representations by or on behalf of another Party not contained herein. j. City hereby represents and warrants to APU and Tenant as follows: i. City possesses the authority to enter into this Agreement; and ii. Upon the execution hereof, this Agreement will be binding, final, and enforceable in accordance with its terms. k. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as whole according to its fair meaning and not strictly for or against any of the Parties. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. m. Tenant and APU acknowledge that their obligations to City under this Agreement are separate and independent from their obligations under the Lease. Notwithstanding the foregoing, the Lease is hereby amended by this Agreement. In the event of any conflict between the terms set forth in this Agreement and the terms set forth in the Lease, the terms set forth in this Agreement shall prevail. Notwithstanding anything to the contrary contained in this subparagraph, the City shall not be deemed a party to the Lease on account of this Agreement and shall not have any rights, duties or remedies under the Lease on account of this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. Dated: Dated: Dated: CITY OF AZUSA Francis M. Delach City Manager AZUSA PACIFIC UNIVERSITY By Its 0 <. 11 TO: i D SCHEDULED ITEM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER A,, DATE: NOVEMBER 7, 2011 AMENDMENT TO AZUSA MUNICIPAL CODE AND ADOPTION OF RESOLUTION — GRAFFITI REWARD PROGRAM It is recommended that the City Council implements the following: Amend Section 46-239(a) of the Azusa Municipal Code allowing the City Council to )rize reward payment for information leading to the arrest of any person found in .tion of California Penal Code Section 594 br 640.5. Adopt the following resolution implementing a graffiti reward program: UTION NO. - RESOLUTION OF THE CITY 'IL OF THE CITY OF AZUSA AUTHORIZING A GRAFFITI REWARDS ;AM AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE NS CONSISTENT THEREWITH. Appropriate $5,000 annually from the General Fund Reserves for the Graffiti Reward iti Abatement and Prevention is one of the City Council's top 3 priorities for the Police rtment. The City of Azusa has taken a zero tolerance policy regarding graffiti. As such, the e Department wants to increase its ability to arrest graffiti criminals and better reward :sses who report graffiti crime. A variety of statutes are already codified to address the of graffiti and vandalism. These laws play a vital role in punishing and deterring many tial offenders from committing acts of vandalism. 1 Three years ago, the City hired a part time staff for graffiti abatement. Staff responds to graffiti incidents 7 days a week, abating reported graffiti within 72 hours. Additionally, the Police Department has made 63 misdemeanor and felony arrests between October 14, 2010 and October 14, 2011 specifically for graffiti vandalism. Despite all the best efforts of the City, Police, Public Works, and concerned citizens, some individuals continue to vandalize property which negatively impacts the quality of life in our community. Adding to the problem are acts of vandalisYn that are committed in the presence of community members, but are not reported to the Police Department. The Police Department is proposing a reward system for individuals who provide information that leads to the arrest of graffiti vandals. This program will encourage community members to call the police immediately when individuals are seen vandalizing. The program would work as follows: • Any person who witnesses someone in the act of vandalism can report it by calling the Police Department anytime, twenty-four hours a day, seven days a week. It is preferred that the caller identifies him or herself, but it is not mandatory. If the caller desires, they can remain anonymous. • Upon receipt of the specific information regarding the description, identity, and location of the vandal, the police dispatcher will issue a confidential identification number to the informant and request a call back phone number. If the caller wishes to remain anonymous, they will be instructed to call back in one hour for the final disposition of the call using the confidential identification number. The police will be immediately dispatched to investigate the call. • If the police officer does in fact locate and arrest the suspect(s) for the vandalism, the person having first called the Police Department concerning the violation will be eligible for an immediate reward of one -hundred dollars in cash. Whenever possible, the reward will be paid within one hour of the call.. • The Watch Commander will make immediate arrangements for the eligible caller to receive a one -hundred dollar bill. Ten one -hundred dollar bills will be kept in the Watch Commander's office to be used for this purpose. A log will be kept by the Watch Commander to document the incident and reference the arrest and the report number. A rewards program must be both immediate and apparent to be effective. Providing the reward as soon as possible to the original call and in cash will accomplish both of these objectives. Staff has surveyed other cities in the San Gabriel Valley, and has concluded reward programs promising money "upon conviction," which may be months in the future, have not been very effective. Staff believes this program will be successful in encouraging citizens to call and report instances of graffiti as they occur. While reward programs are not entirely new to law enforcement, the E immediacy of the reward is innovative. This program will also allow for tracking and auditing of the disbursement of funds dedicated to the program. It is impossible to predict the success of a program such as this. However, staff estimates approximately 50 reward disbursements per year. The $5,000 in reward funds are recommended to be budgeted out of the General Fund. Marketing costs associated with the program will be absdrbed in individual department budgets. Staff will make use of all available free media outlets to promote the program. 3 ORDINANCE NO. 2011 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46-239(a) OF THE AZUSA MUNICIPAL CODE WHEREAS, the City of Azusa ("City") is empowered by California Constitution Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordnances and regulations not in conflict with general laws; and WHEREAS, graffiti abatement and prevention is one of the Police Department's top three priorities; and WHEREAS, the Police Department wants to increase its ability to arrest graffiti criminals; and WHEREAS, the Police Department believes a reward program will encourage witnesses to report graffiti acts while in progress. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 46-239(a) of the Azusa Municipal Code is hereby amended to read as follows: (a) The City maj pay a reward in an amount established by separate resolution of the City Council for information leading to the arrest or conviction or plea of guilty of any person for violation of California Penal Code Section 594 or 640.5, or this chapter. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason 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 portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly. l r� SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its adoption. SECTION 5. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be as required by law. PASSED, APPROVED, AND ADOPTED this _ day of 2011. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING A GRAFFITI REWARDS PROGRAM AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE ACTIONS CONSISTENT THEREWITH WHEREAS, acts of graffiti vandalism continue to be committed in public afeas, on private property, on public property, on streets, parks, commercial areas and shopping centers; and WHEREAS, acts of graffiti vandalism can promote among residents feelings of decreased safety, social decay, and community decline—and those feelings should be mitigated; and WHEREAS, the City of Azusa has resolved to aggressively arrest and prosecute all graffiti vandals regardless of the amount of damage done; and WHEREAS, citizens witness many graffiti incidents while the act of vandalism is being committed yet do not call to report the crime; and WHEREAS, the support of the community greatly aids the Police Department's efforts to apprehend graffiti vandals; and WHEREAS, the establishment of a program to provide a cash reward to those who call the police to report such crimes should increase the opportunity for Police Officers to apprehend graffiti vandals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. On behalf of the City of Azusa, the City Council hereby formally endorses and establishes the Azusa Graffiti Rewards Program. SECTION 2. The City Council directs City officials and staff to take appropriate steps in furtherance of the establishment of such a program to promote the arrest and prosecution of graffiti vandals. SECTION 3. The City Council hereby delegates to the City Manager the authority to execute all documents on behalf of the City consistent with this Resolution. SECTION 4. The City Clerk shall certify the passage and adoption of this Resolution and it shall thereupon be in full force and effect. PASSED, APPROVED, AND ADOPTED this 7th day of November, 2011. Josdph R. Rocha, Mayor 0 Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CTTY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. was adobted by the City Council of said City of Azusa at a regular meeting of said Council held on the 7t' day of November, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Vera Mendoza, City Clerk 2 at • CONSENT CALENDAR THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/ CFO F.M. DELACH, CITY MANAGER.4jo NOVEMBER 7, 2011 ADOPTION OF A RESOLUTION OF INTENTION AND APPROVAL OF THE ORDINANCE TO AMEND THE PUBLIC EMPLOYEE'S RETIREMENT CONTRACT TO INCLUDE A 3% AT 55 SECOND TIER PLAN FOR NEWLY HIRED PUBLIC SAFETY MEMBERS It is recommended that the City Council adopt the attached Resolution establishing Notice of Intention and approve the first reading of the attached ordinance to approve an amendment to the contract between the Board of Administration of the Public Employee's Retirement System (PERS) and the City of Azusa At its meeting of September 6, 2011 the City Council approved the memorandum of Un erstanding (MOU) with the Azusa Police Management Association. Included in this MOU was an agreement to implement a second tier 3% at 55 PERS formula for new hires. The Azusa Police Officers Association had previously agreed to the same tiering in their MOU adopted in November of 2010. With the required agreement of both bargaining units secured, staff began thelprocess of implementing the change with PERS. In order to make the change to the contract, the attached Resolution of Intention needs to be adopted and the first reading of the attached Ordinance approved. The law requires that no less than 20 days shall pass before the second reading of the Ordinance and adoption. Therefore, the Ordinance will be presented for final approval at the Council meeting of December 5. Attached to this report in addition to the Resolution and Ordinance, are two certifications required to accompany these documents to PERS. The first is a certification from the City Clerk attesting to the accuracy of the Resolution and the second certifies that the estimated amount of thelchange in the PERS plan (see attachment 2 below) was presented in a public meeting. e FISCAL IMPACT There will be a reduction in long term PERS costs for newly hired safety personnel, although the amount cannot be quantified due to variables in separation and hiring of staff as well as future salaries. The percentage difference between the existing and second tier PERS rates for the 2011- 12 fiscal year will be 2.935%. ATTACHMENTS 1. Resolution of Intention 2. Actuarial Valuation Report Applicable to Second Tier Plan 3. Ordinance Amending Retirement System Contract 4. Certification of Governing Body's Action 5. Certification of Compliance with Government Code Section 7507 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF AZUSA the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and EREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local safety police members entering membership for the first time in the safety police classification after the effective date of the amendment to contract. THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part..hereof: By: Presiding Officer Title adopted and approved (Rev. 4196) n Actuarial Office P.O. Box 1494 IV Sacramento, CA 95812-1494 TTY for Speech and Hearing Impaired - (916) 795-3240 Ca1PERS (888) CalPERS (or B88-225-7377) FAX (916) 795-3005 December 29, 2010 Employer Number: 0226 New Rate Plan Name: CITY OF ASUZA SAFETY POLICE SECOND TIER PLAN Re: New Second Tier Plan for Pooled Plans (Section 20475: Different Level of Benefits Provided for New Employees) Dear Requestor: Enclosed is the June 30, 2009 Section 2 Risk Pool actuarial valuation report applicable to Your new second tier plan. In the tables below, we show your 2010-2011 and 2011-2012 employer contribution rates before and after opening a second tier. As of June 30, 2008 Existing Plan New First Tier Plan New Second Tier Plan 3% @ 50 for 3%@50 continuing 3% @ 55 for newly members hired members 2010-2011 Employer Contribution Rate: Risk Pool's Net Employer Normal Cost 15:707% 15.707% 13.340% Risk Pool's Payment on Amortization Bases 2.470% 2.470% 2.252% Surcharges for Class 1 Benefits 4.867% 4.867% 4.566% Phase out of Normal Cost Difference 0.000% 0.000% 0.0D0% Amortization of Side Fund 0.000% 0.000% 0.000% Total Employer Contribution Rate 23:044% 23.044% 20.158% 2010-2011 Employee Contribution Rate 9.000% 9.000% 9.000% California Public Employees' Retirement System www.calpers.ca.gov CTI' OF ASUZA SAFETY POLICE SECOND TIEP. PLAN (EMPLOYER r 0226) December 28, 2010 Page 2 As of June 30, 2009 Existing Plan New First Tier Plan New Second Tier Plan 3% @ 50 for 3% @ 50 continuing 3%, @ 55 for • members newly hired 2D11-2012 Employer Contribution Rate: Risk Pool's Net Employer Normal Cost 17.164% 17.164% 15.725% Risk Pool's Payment on Amortization Bases 5.927% 5.927% 4.583% Surcharges for Class 1 Benefits 5.092% 5.092% 4.940% Phase out of Normal Cost Difference 0.000% 0.000% 0.000% Amortization of Side Fund 0.000% 0.000% 0.000% Total Employer Contribution Rate 28.183% 28.183% 25.248% 2011-2012 Employee Contribution Rate 9.000% 1 9.000% 9.000% To initiate an amendment to the contract, please complete the attached election form and mail or FAX (916) 795-3005 the form with a letter to the Contracts Maintenance Unit, indicating your wish to contract for Section 20475 (Different Level of Benefits) and identifying the group(s) to which the benefit reduction applies. In sections 20463 (b) and (c), the California Public Employees' Retirement Law requires the governing body of a public agency within five days of receipt of the contract amendment cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysis was requested by an employee organization, the employee organization is also required within five days of receipt of the analysis, to provide a copy of the analysis to the, public agency. If you have questions, please call (888) CalPERS (225-7377). kL141 �k KUNG PEI HWANG, ASA, MAAA Senior Pension Actuary, CaIPERS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF AZUSA does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Azusa and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto marked Exluibit, and by such reference made a part hereof as though herein set out in ftill. SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3. This Ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of seven days from the passage thereof shall be published at least once in the San Gabriel Valley Tribune, a newspaper of general circulation, published and circulated in the City of Azusa and thenceforth and thereafter the same shall be in fall force and effect. ADOPTED AND APPROVED this 5th day of December 2011 MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I, VERA MENDOZA, City Clerlc of the City of Azusa, do hereby certify that the foregoing Ordinance No. was dulyintroduced and placed upon its first reading at a regular meeting of the Azusa City Council on November 7, 2011 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City Council on the 51h day of December 2011 by the following vote, to wit: AYES: COUNCIL MEMBERS: CARRILLO, GONZALES, HANKS, MACIAS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CITY CLERIC 6 :ALIFORNIA PUBLIC EMPLOYEES' RETIREMENT:SYSTEM actuarial and Employer Services Branch 'ublic Agency Contract Services - '.O. Box 942709 Sacramento, CA 94229-2709 888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the n (date) (rev. 1/96) body) (public agency) Clerk/Secretary of the CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase/change in retirement benefit(s) have been made public at a public meeting of the CITY COUNCIL ofthe (governing body) CITY OF AZUSA (public agency) on SEPTOMER 6, 2011 which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Adoption of the retirement benefit increase/change will not be placed on the consent calendar. Clerk/Secretary Date PERS-CON-12A (rev, 1/96) Actuarial Office - P.O. Box 1494 Sacramento, CA 95812-1494 TTY for Speech and Hearing Impaired - (916) 795-3240 (888) CalPERS (or 888-225-7277) FAX (916) 795-3005 29.2010 oyer Number: 0226 Rate Plan Name: CITY OF ASUZA SAFETY POLICE SECOND TIER PLAN New Second Tier Plan for Pooled Plans (Section 20475: Different Level of Benefits ,ided for New Employees) Requestor: )sed is the June 30, 2009 Section 2 Risk Pool actuarial valuation report applicable to new second tier plan. Inithe tables below, we show your 2010-2011 and 2011-2012 employer contribution rates before and after opening a second tier. i California Public Employees' Retirement System www.calpers.caogov As of June 30, 2008Existing Plan New First Tier Plan New Second Tier Plan 3% @ 50 for 3% @ 50 continuing 3% @ 55 for newly members hired members 201b-2011 Employer Contribution Rate: Ri sk Pool's Net Employer Normal Cost 15.707% 15.707% 13.340% Risk Pool's Payment on Amortization Bases 2.470% 2:470% 2.252% Surcharges for Class 1 Benefits 4.867°% 4.867% 4.566% Phase out of Normal Cost Difference 0.000°% 0.000% 0.000°% Amortization of Sine Fund . 0.000% 0:000°% 0.00% Tdtal Employer Contribution Rale 23.044% 23.044% 20.158% 2010-2011 Employee Contribution Rate 9:000°% 9.00D% 9.000% California Public Employees' Retirement System www.calpers.caogov CITY OF ASUZA SAFETY POLICE SECOND TIER PLAN (EMPLOYER # 0226) December 28, 2010 Page 2 As of June 30, 2009 Existing Plan New First Tier Plan New Second Tier Plan 3% @ 50 for 3% @ 50 continuing 3% @ 55 for members newly hired 2011-2012 Employer Contribution Rate: Risk Pool's Net Employer Normal Cost 17.164% 17.164% 15.725% Risk Pool's Payment on Amortization Bases Surcharges for Class 1 Benefits Phase out of Normal Cost Difference 5.927% 5:092%° 0.000%° 5.927% 5.092% 0.000% 4.583% 4.940% 0.000% Amortization of Side Fund 0.000% 0.000% 0.000% Total Employer Contribution Rate 28.183% 28.183% 25.248% 2011-2012 Employee Contribution Rate 9:000% 9.000% 9.000% To initiate an amendment to the contract, please complete the attached election form and mail or FAX (916) 795-3005 the form with a letter to the Contracts Maintenance Unit, indicating your wish to contract for Section 20475 (Different Level of Benefits) and identifying the group(s) to which the benefit reduction applies. In sections 20463 (b) and (c), the California Public Employees' Retirement Law requires the governing body of a public agency within five days of receipt of the contract amendment cost analysis, to provide each employee organization with a copy of the analysis. If this cost analysis was requested by an employee organization, the employee organization is also required within five days of receipt of the analysis, to provide a copy of the analysis to the public agency. If you have questions, please call (888) CaiPERS (225-7377). KUNG PEI HWANG, ASA, MAAA Senior Pension Actuary, CaIPERS EXHIBIT California Public Employees' Retirement System ! r ,.l ! g • I .. i f ice. .fir t i Between the Board of Administration California Public Employees' Retirement System and the City Council City of Azusa The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1949, and witnessed December 20, 1948, and as amended effective July 1, 11956, September 1, 1958, March 2, 1959, May 1, 1960, September 3, 1967, December 22, 1968, July 15, 1973, April 20, 1975, January 18, 1981, July 1, 1984, January 12, 1986, February 7, 1988, November 27, 1988, April 5, 1994, June 30, 1995, April 4, 1996, July 14, 1996, May 8, 1997, June 17, 1997 and June 24, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree als follows: Paragraphs 1 through 14 are hereby stricken from said contract as executed effective June 24, 2001; and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 50 for local police members entering membership in the police classification on or prior to the effective date of this amendment to contract, and age 55 for local fire members and for those local police members entering membership in the police classification after the effective date of this contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1949 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' .Retirement Law except such as apply only on' election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agencys prior non-CalPERS.retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third, party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under his Contract and provided for under the California Public'Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. _ .. �. .. �._I a ii i..... I if: �..• (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSION5 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, and prior to March 31, 1975, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21366 of said Retirement Law (One-half pay at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member entering membership in the police classification on or prior to the effective date of this amendment to contract shall be determined in accordance with. Section 21362.2 of said Retirement Law t3% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. C. Section 20042 (One -Year Final Compensation) for local police members only. d. Section 20903 (Two Years Additional Service Credit). e. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members and local police members only. f. Section 20692 (Employer Paid Member Contributions Converted to Payrate During the Final Compensation Period) for local miscellaneous members and local police members in the following groups and for the specified percentage: 7% Local miscellaneous members. 9% Local police members. g. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on November 27, 1988. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local police members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation.' If more or, less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY DARRYL WATSON, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMFNT�SYSTEM AMENDMENT CaRERS ID #4050337614 PERS-CON-702A CITY COUNCIL CITY OF AZUSA PRESIDING OFFICER Witness Date Attest: Clerk .IFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM anal and Employer Services Branch is Agency Contract Services ) CalPERS (225-7377) SUMMARY OF MAJOR PROVISIONS 3% @ 55 Formula (Section 21363.1) Local Safety Members � be eligible for service retirement, a member must be at least age 50 and have five years of iIPERS credited service. If provided by the employer's contract, mandatory retirement age for :al safety members is age 60, ie monthly retirement allowance is determined by age at retirement, years of service credit and al compensation. The basic benefit is 3% of final compensation for each year of credited rvice upon retirement at age 55. If retirement is earlier than age 55, the percentage of final mpensation decreases for each quarter year of attained age to 2.40% at age 50. The allowance limited to 90% of final compensation. ial compensation is the average monthly pay rate during the last consecutive 36 months of iployment, or 12 months if provided by the employer's contract, unless the member designates a ferent period of 36 or 12 consecutive months when the average pay rate was higher. Certain ms of special compensation earned during your final compensation period will be included in ur final compensation, in accordance with Board regulations. :tubers substantially incapacitated from performing the usual duties for the position for his/her rrent employer would be eligible for disability retirement provided they have at least five years of rvice credit. The monthly retirement allowance is 1.8% of final compensation for each year of rvice. The maximum percentage for members who have between 10.000 and 18.518 years of rvice credit is one-third of their final compensation. If the member is eligible for service :irement the member will receive the highest allowance payable, service or disability. If provided the employer's contract, the benefit would be a minimum of 30% of final compensation for the A five years of service credit, plus 1% for each additional year of service to a maximum benefit 50% of final compensation. bers permanently incapacitated from performing their duties, as defined above under Aity Retirement, and the disability is a result of a job-related injury or illness may receive an ;trial Disability Retirement benefit equal to 50%0 of their final compensation. If provided in the oyer's contract and the member is totally disabled, the disability retirement allowance would 175% of final compensation in lieu of the disability retirement allowance otherwise provided. member is eligible for service retirement, the service retirement allowance is payable. The allowance cannot exceed 90% of final compensation. is Death Benefit: This benefit is a refund of the member's contributions plus interest and up to months' pay (one month's salary rate for each year of current service to a maximum of six (rev. 6/07) A 1957 Survivor Benefit: An eligible beneficiary may elect to receive either the Basic Death Benefit or the 1957 Survivor Benefit. The 1957 Survivor Benefit provides a monthly allowance equal to one- half of the highest service retirement allowance the member would have received had he/she retired on the date of death. The 1957 Survivor Benefit is payable to the surviving spouse or registered domestic partner until death or to eligible unmarried children until age 18. 1959 Survivor Benefit: (If provided by the employer's contract and the member is not covered under social secu(ty.) A surviving spouse or registered domestic partner and eligible children may receive a monthly allowance as determine by the level of coverage. This benefit is payable in addition to the Basic Death Benefit or 1957 Survivor Benefit. Children are eligible if under age 22 and unmarried. Pre -Retirement Option 2W Death Benefit: (If provided by the employer's contract.) The spouse or registered domestic partner of a deceased member, who was eligible to retire for service at the time of death, may to elect to receive the Pre -Retirement Option 2W Death Benefit in lieu of the lump sum Basic Death Benefit. The benefit is a monthly allowance equal to the amount the member would have received if he/she had retired for service on the date of death and elected Option 2W, the highest monthly allowance a member can leave a spouse or registered domestic partner. Special Death Benefit: A surviving spouse, registered domestic partner, or eligible children or step children may receive a monthly allowance equal to one-half of the final compensation. If the cause of death is due to external violence or physical force while on the job, and there are eligible surviving children in addition to a spouse or registered domestic partner, the allowance may be increased to a maximum of 75%. COST -OF -LIVING ADJUSTMENTS r The cost of living allowance increases are limited to a maximum of 2% compounded annually unless the employer's contract provides a 3, 4, or 5% increase. DEATH AFTER RETIREMENT . The lump sum death benefit is $500 (or $600, $2,000, $3,000, $4,000 or $5,000 if provided by the employer's contract) regardless of the retirement plan chosen by the member at the time of retirement. TERMINATION OF EMPLOYMENT Members who have separated from or request a refund of contributions may apply at a later date for a m requirements are met. Members membership and are not eligible membership. EMPLOYEE CONTRIBUTIONS employment may elect to leave their contributions on deposit and interest. Those who leave their contributions on deposit nthly retirement allowance if the minimum service and age roho request a refund of their contributions terminate their for any future benefits unless they return to CAPERS Local safety members covered by the 3% @ 55 formula contribute 9% of reportable earnings. Those covered under a modified formula (coordinated with Social Security) do not contribute on the first $133.33 earned. The employer also contributes toward the cost of the benefits. The amount contributed by the employer for current service retirement benefits generally exceeds the cost to the employee. In addition, the employer bears the entire cost of prior service benefits (the period of time before the employer provided retirement coverage under CalPERS). All employer contribution rates are subject to adjustment by the CalPERS Board of Administration. PERS-CON-53 (rev. 6107) { CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 17,2011- 6:35 P.M. City Council of the City of Azusa met in regular session at the above date and time in the Azusa torium located at 213 E. Foothill Boulevard, Azusa, CA 91702. Closed Session Jorge Rosales expressed concerns about the term "agency" listed under Closed Session Real Property J. Rosales vitiations as the properties were quit claimed over to the City several meetings ago. He asked when the Comments V notified the Gold Line Extension that the City had changed their mind and no longer wanted the parking on what is known as property A-2. City Attorney Carvalho responded stating that the term "agency" :rs to any agency not the Redevelopment Agency. :ussion was held regarding the process of responding to questions posed by the public during the meeting Discussion the need to respond in an informative manner. It was suggested that staff consider the questions asked use reasonable judgment if the question could be answered at that time. Attorney Carvalho advised that she was in receipt of a letter from an Attorney late Thursday afternoon Item of her 13, 2011, with a threat of litigation regarding agenda item proposed ordinance relating to Subsequent :lopment Code Amendment on proposed gun regulations. It was moved by.Councilmember Carrillo, Need added tded by Councilmember Gonzales and unanimously carried to add to Closed Session items listed as to agenda City Council recessed to Closed Session at 6:50 p.m. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimcier and City Conf w/Labor Manager Delach Negotiators Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), CAPP (Civilian Association Police Personnel), SERI (Service Employees International Union). 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. BLOCK 36 Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 Address: 614 — 640 N. Azusa Avenue, Azusa, CA 91702 Address: APN 8611-003- 921 Negotiating Parties: Lewis Retail Centers b. DOWNTOWN NORTH A2 & A3 Site Addresses: 858 N. Azusa Avenue, Azusa, CA 832 N. Azusa Avenue, Azusa, CA 826 N. Azusa Avenue, Azusa, CA 812 N. Azusa Avenue, Azusa, CA 830 N. Azusa Avenue, Azusa, CA 801 N. Alameda Avenue, Azusa, CA 810 N. Alameda Avenue, Azusa, CA 803 N. Dalton Avenue, Azusa, CA 805 N. Dalton Avenue, Azusa, CA 809 N. Dalton Avenue, Azusa, CA 813 N. Dalton Avenue, Azusa, CA Negotiating Parties: Lewis Retail Centers Real Prop Negotiations Block 36 A2 & A3 Sites IFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 549.56.9 Conf w/Legal Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and Cnsl Irwindale of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. t 4 CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION (Gov. Code See. 54956.9 Conf w/Legal (b)z One Case., Cnsl The City Council recondhned at 7:45 p.m. City Attorney Carvalho advised that there was reportable action Cncl rcvnd taken on item regarding potential litigation, to remove from the proposed ordinance regarding the Reportable Development Code amendments those portions that relate to guns and ammunition . Action Mayor Rocha called the meeting to order. Call to Order Rheanna Sanchez and Regina Peralta led in the pledge to the Flag. - Flag Salute Invocation was given by Mayor Pro -Tem Hanks. - Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, Assistant City Manager Makshanoff. Police Chief Garcia, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Public Information Officer Quiroz, Administrative Services Director -Chief Financial Officer Kreimeier, Assistant Director of Economic and Community Development McNamara, Library Director Johnson, City Engineer Hassel, Senior Management Analyst Del Toro, Director of Public Works/Assistant City Manager Haes, Director of Recreation and Family Services Jacobs, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part City Attorney Carvalho clarified existing policy regarding Public Participation stating that staff will continue City Attorney to provide responses to questions when it is obvious what the answer is but for those items that staff is not Carvalho prepared to answer or to verify facts or information, the response will be that they will get back to the Comments speaker. With respect to ongoing projects the direction is that staff will prepare answers in writing and a Clarification copy will be placed at the back of the auditorium. Ms. Iso Nakasato, Field Representative for Assemblyman Roger Hernandez, acknowledged members of the I. Nakasato Golden Days Committee presenting those present with certificates of recognition. Comments Mr. Patrick Arevalo addressed Council with concerns regarding speeding motorcycles on Palm Drive; he P. Arevalo stated that there are no stop signs or speed bumps and asked that the City look into the problem. Comments Ms. Yolanda Pena announced her candidacy for Azusa Unified School Board and talked about her services to Y. Pena the City and about her grandchildren in the Azusa Unified School District. Comments The following persons spoke against a Park and Ride structure on Alameda in the City of Azusa: Charles Speakers agnst Ramirez, Sharon Lewis, Stephanie Mills, Jeri Vogel and Joe Guarrera. Pkg structure Mr. Jack Ochoa, on behalf of the Carmelite Sisters of Santa Teresita in Duarte, addressed Council to promote J. Ochoa their outreach event, Fantasia Family Festival to be held on November 20, 2011, from 9:30 a.m. — 4:00 p.m. Comments Ms. Jeri Vogel announced that this is Domestic Violence Awareness Month and she will be collecting items I. Vogel at Azusa and Covina Woman's Club for the shelters. - Comments Mr. Joe Guarrera thanked Councilmember Gonzales for obtaining cars for the parade at the last minute and J. Guarrera Councilmember Macias for becoming a reviewing officer on the spot during Golden Days. He thanked Comments Mayor Rocha giving his time for an interview to his grandson for a school project. He stated that all staff did a fantastic job during Golden Days. Ms. Jule Arevalo, on behalf of Sierra Palms Homeowners Association, addressed Council regarding the J. Arevalo concrete work on Palm Drive; she submitted pictures of cracking and patchwork pieces of concrete. She - Comments noted that the asphalting on Foothill Boulevard is in bad shape and asked that someone be sent out to look at it as well as Palm Drive. She also stated that the Board Walk on Foothill Boulevard is ridden with bicycles and skateboards and residents are having problems when leaving their complexes, and they are having a lot of vandalism in their area. Mr. Jorge Rosales addressed Council on proposed Fitness and Exercise Gym and Quick Serve Restaurant at J. Rosales the Promenade Commercial Retail Center item. He asked what has APU done to promote the site, does APU Comments pay property taxes at the Promenade Shopping Center, why would the City be willing to give up a major portion of retail property for a gym, and why are they giving up a prime comer with a full service restaurant for a fast food restaurant? 10/17/11 PAGE TWO 07 Mr. Charles Crossland of the proposed Fitness Center at the Promenade, addressed Council stating that the C. Crossland Fitness Center would be an asset to the community as it is a state of the art facility with affordable rates and Comments the best customer service and would bring neighboring communities in to shop in Azusa and offer up to 50 Art Morales congratulated everyone for bringing ELS at Azusa and Arrow Highway, thanked former A. Morales tyor Diane Chagnon for speaking out on Vulcan, reminded everyone to vote in the School Board Election Comments November 8" noting his choices, thanked gentleman who provided information on the Carmelite Sisters, band shell and speeding bicycles on Palm Drive. Stant City Manager Makshanoff responded to questions, and advised that the City Engineer will contact Ass't Cry Mgr Arevalo. Comment ctor of Public Works/Assistant City Manager Haes responded to questions stating that Public Works staff Dir Pub Wks inspect Palm Drive, sidewalks and plantings, to make sure they are in proper condition before the City Comments iders accepting Palm Drive. Public Works staff and PoliceDepartmenthave opposed speed bumps as is calming measures, and speed limit on Palm Drive will be 25 mph. He talked about the Foothill evard boardwalk noting that it was built to add a safer way to get from one place to another and lems with skateboarders, bicyclist, students' texting and not paying attention, etc, cannot be prevented the design. In response to parking structure questions, he stated that Santa Fe Drive will not be closed, as will be electric and are zero emission that don't pollute. Rpts, Updates Elizabeth Ramirez and Ms. Inez Gutierrez representing the Canyon City Foundation Grants; E. Ramirez atulated and .presented grants to the recipients for the 2011 year. The Grants were presented to Comments iborhood Wellness Center, Kids On the Move, Books For Babies Sierra High, Azusa and Gladstone schools, Rotary Club, Recreation and Family .Services — Healthy Azusa, Neighborhood Homework and Convalescent Aide Society. rector of Public Works/Assistant City Manager Haes responded to Parking Structure Questions at October Dir Pub Wks 2011 Council Meeting and copies of the response were distributed. Comments for Pro -Tem Hanks announced the 0 Annual Hearts for the Hungry Event to be held on November 19, Hanks I from 11 a.m. and 2 p.m, at the Canyon Christian Fellowship Church at 405 N. Azusa Avenue. He Comments ;d that a Thanksgiving meal and clothing will be provided to people. Organizations in attendance will be y's Kitchen, the Wellness Center, Stepping Stones for Women, and the Los Angeles Region Food Bank. additional information call Maria Armanburo at (626) 922-3076. mcilmember Gonzales congratulated.the Azusa Golden Days Committee for the wonderful event and Gonzales ed he had the honor of picking up and taking home Grand Marshal Brenton Wood. He announced the 81h Comments mal Trunk or Treat Car & Truck Show on Sunday, October 301" from 12:00 — 6:00 p.m. at Memorial Park, reminded everyone that school is back in session and to watch speed when driving vehicles. :ilmember Carrillo expressed appreciation to the Azusa Golden Days Committee and congratulated Carrillo for ajob well done. Comments mcilmember Macias thanked Joe Guartera for the honor allowing him to help as a reviewing officer for Macias Golden Days Parade. He stated that he will not be attending the Utility Board Meeting as he will be on Comments :rs with the Navy. He wished City Manager Delach a speedy recovery, and thanked Ms. Barbara kerson for the cookies she provided from the Canyon City Foundation. or Rocha advised that the meeting will be adjourned in memory of Fred "Moosie" Sanchez. He Rocha essed his thanks to the Golden Days Committee for a great week and the Sister City Committee for Comments ing the Dignitaries from Azusa's Sister City Zacatecas. He announced he will be collecting items to send ildiers in Iraq and Afghanistan on December 3rd. A collection box will be placed at City Hall lobby on day, Oct 246 and items needed are: baby wipes, new white socks, sunflower seeds, candy, gum, and s. The City Council wished Candace "Candy" Toscano a Happy Birthday and congratulated her on her Anniversary as an employee of the City of Azusa, which she gratefully accepted. Sched Items Promenade Commercial Retail Center discussion, it was moved by Councilmember Carrillo, seconded by Councilmember Gonzales and Item Tabled nously carried to table this item. 10/17/11 PAGE THREE AUTHORIZE STAFF TO MOVE FORWARD WITH TWO PRIVATE PLACEMENT FINANCINGS TO Financings to REFUND. ON A CURRENT BASIS, THE CITY'S OUTSTANDING 1994 CERTIFICATES OF Refund 1994 PARTICIPATION FOR ANNUAL SAVINGS AND PROVIDE NEW MONEY TO FINANCE COP Sewer IMPROVEMENTS TO THE CITY'S SEWER SYSTEM. System Administrative Services Director -Chief Financial Officer Kreimeier addressed the issue stating that this Admin Svs Dir action is to refund existing Sewer Bonds and borrow additional funds to expedite work on the Capital Chief Financial maintenance of the City's Sewer System. This action is a result of the adoption of the revised Sewer Rates in Officer June of this year which allows funding and an extremely low borrowing cost at the present time. He detailed Presentation the financing structure recommended by staff and the financial advisor stating that a private placement financing will be used from a bank to reduce the cost of issuance and estimated savings is $123,000 over the life of the bonds. The new money for projects will produce $4.1 million through the issuance at a fixed rate of 3.6%. He detailed the issue. He responded to questions posed. by Councilmembers. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried to direct Certificates of staff and Urban Futures as financial advisor to pursue Option 3, which will provide approximately $76,000 in Participation savings during fiscal Year 2011/12 and total net present value savings of $120,000 resulting from the Refunding refunding of the 1994 Certificates of Participation, as well as new money necessary to complete Approved improvements through the issuance of two privately placed loans. Staff and the City's financial advisor recommend the use of Capital One for this financing. HUMAN RELATIONS COMMITTEE APPOINTMENTS. HRC Appts Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to re- L. Davis& appoint LaLisa Morgan -Davis and appoint Helen Jaramillo to the Human Relations Commission. H. Jammillo Councilmember Carrillo extended his appreciation to Reverend Logan Westbrooks for the services he provided on the Human Relation Commission and to applicants who applied for the positions. The CONSENT CALENDAR consisting of Items D-1 through D-8 were approved by motion of Mayor Pro- Consent Cal Tem Hanks, seconded by Councilmember Gonzales and unanimously carried, with the exception of items D- 1-8, 4&8 Spec 4 and D-8 which were handled under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of October 3, 2011, were approved as written. Min appvd 2. HUMAN RESOURCES ACTION ITEMS. HR Action Merit Increase and/or Regular Appointment: M. Bertelsen, R. Gonzales, D. Baird, M. Sencion, Items and L. Hassen. Promotion: S. Paragas, Controller. Flexible Staffing Promotion: C. Cusick Customer Service Rep. 111 and M. Gomez-Villegas, Customer Service Rep. 111, New Appointment: M. Vega, Police Records Specialist 1. Separation: S. Sandoval, Water Distribution Crew Supervisor. 3. Approval was given for the purchase of office furniture for the Watch Commander's office. The Pur Furniture furniture will be purchased from Knoll, Inc., c/o Western Office Interiors, in the amount of $10,829.81 Watch based on the competitive bid process completed under U. S. Communities Contract #ROQ 01- Commander's 41131316-C. This purchase is authorized by AMC Section 2-523(e) when the competitive bid process Office has already been completed. 4. SPECIAL CALL ITEM. Spec Call 5. Pursuant to the City of Azusa Civil Service Rules Section 3.5, the City Council adopted the revised Police Admin class specifications for Police Administrative Services Manager. Svs Mgr Specs 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING THAT Res. 11-C73 THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THAT THE RATE AND METHOD Rate & Method OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 OF CITY OF AZUSA COMMUNITY Apportionment FACILITIES DISTRICT NO. 2005-I (ROSEDALE) BE AMENDED AND RESTATED. CFD 2005-1 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 11-C74 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID, 8. SPECIAL CALL ITEM. 10/17/11 PAGE FOUR Special Call 11 Special Call Items Engineer Hassel responded to questions regarding the Complete Streets Policy stating that they will City Engineer rporate the Complete Streets Policy when working on streets, i.e. street repair, sidewalk repair, adding Response to Ines which sometime required additional right a way and, it will also allow them to apply for grant Questions ey. He stated that they will analyze the streets as they go through them and keep them at the capacity Complete they are and do improvements to bike lanes as necessary. Streets Policy :tor of Public Works/Assistant City- Manager Haes responded stating that adopting the Policy doesn't Dir Pub Works re that they implement Complete Streets Programs, it will be determined by Staff whether they are Response cially feasible and whether street improvements can be done taking traffic into consideration. Officer Attorney Carvalho responded to questions stating that the City Council are the only persons who can City Army le where bicycle lanes are placed within the City. Response Engineer Hassel pointed out the staff report states the following: "The Public Wbrks Director may City Engineer pt a project due to excessive and disproportionate cost of establishing a bikeway, walkway, transit, or Comment enhancement as part of a project" )r Pro -Tem Hanks offered a Resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING A Res. I1 -C72 )MPLETE STREETS POLICY SO THAT TRANSPORTATION IMPROVEMENTS ARE PLANNED, Adopting a JNDED, DESIGNED, CONSTRUCTED, OPERATED AND MAINTAINED TO INTEGRATE Complete ALKING, BICYCLING, TRANSIT, EMERGENCY, AND MOTOR VEHICLE USE, PROMOTING Streets Policy EPENDABLE AND EFFICIENT OPERATIONS AND USABILITY FOR CITIZENS OF ALL AGES VD ABILITIES IN AZUSA. by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. ion passed and adopted by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO. MACIAS, HANKS, ROCHA OES: COUNCILMEMBERS: NONE BSENT: COUNCILMEMBERS: NONE Iministrative Services Director -Chief Financial Officer Kreimeter responded to questions posed regarding Admin Svs Dir justments to salary schedules for Business Retention/Public Benefits Coordinator and Buyer positions to Chief Financial dress market and salary compaction issues respectively, stating that as there is no change to the Officer Lssification, the discretion to set salaries lies with the City Council and it would go to Personnel Board as response to information item after Council approval. He also stated that the Buyer position should also have Retro pay questions ek to July I, 2011 as the other position, and it has been budgeted. Discussion was held regarding whether not the item should be reviewed by the Personnel Board. :d by Councilmember Macias that the item be reviewed by the Personnel Board. Moved by Salary Sched icilmember Carrillo, seconded by Councilmember Gonzales and carried by roll call that a substitute For Business m be made to address the item at this time. Mayor Rocha and Councilmember Macias dissenting. Retention :d by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and carried by roll call to approve Public Bene )sed adjustments to the salary schedules for Business Retention/Public Benefits Coordinator and Buyer Coordinator & ions to address market and salary compaction issues respectively, and include Buyer position as retro Buyer to July 1, 2011. Mayor Rocha and Councilmember Macias dissenting. CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:51 Cncl Recess THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA Adjourn )NVENED AT 9:52 P.M. Cncl Rcnvnd Attorney Carvalho advised to conduct the second reading of the proposed ordinance and pursuant to m taken following Closed Session, remove provision dealing with ammunition and gun sale regulations bring ordinance back to an adjourned meeting. nember Carrillo offered an Ordinance for second reading, and asked that this item be adjourned to 24, 2011, immediately following the Utility Board Meeting. ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 88,"DEVELOPMENT CODE, Ord, 11-016 RCH 2005" (2005 CODE) OF THE CITY OF AZUSA MUNICIPAL CODE REGARDING Dev Code FTOOBODY PIERCING USES, FRONTAGE TYPE REQUIREMENTS, PARKING RELIEF, Amendments TERIAL RECOVERY/RECYCLING FACILITIES. by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and Ordinance passed and adopted by the following vote of the Council: PAGE FIVE AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE Ord. 11-017 PERTAINING TO THE REGULATION OF MASSAGE TECHNICIANS .AND MASSAGE Massage Estab. ESTABLISHMENTS. Regulations Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adoptedby the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA , NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to adjourn in memory of Fred "Moosie" Sanchez. TIME OF ADJOURNMENT: 9:53 P.M. CITY CLERK NEXT RESOLUTION NO. 2011-C75. NEXT ORDINANCE NO. 2011-018. 10/17/11 PAGE SIX Adjourn in Memory of F. Moosie Sanchez a. TO: FROM: VIA: DATE: SUBJECT It is rec .City of On the a CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER F.M. DELACH, CITY MANAGER z,,ktV NOVEMBER 7, 2011 HUMAN RESOURCES ACTION ITEMS ided that the City Council approve the following Personnel Action Requests in accordance with the Civil Service Rules and applicable Memorandum of Understanding(s). 25, 2011, the Personnel Board confirmed the following Department Head recommendations regarding .g Personnel Action requests. MERIT INCREASE AND/OR REGULAR APPOINTMENT - 'DEPARTMENT. PPOINTMENT: 'DEPARTMENT. DEPARTMENT- NAME CLASSIFICATION '. ACTION/EFF ,, -RANGE/STEP . DATE. ,' DATE •. -BASE MO SALARY PD DeWayne Police Sergeant Regular 3416/4 Beatrice Office Specialist II Eldridge 4143/1 Appointment $8,561.54 Gallardo $3,038.41 11/16/2011 D. NEW APPOINTMENT: The following appointments have been requested by department head pursuant to the Rules of The Civil Service System. DEPARTMENT- =NAME CLASSIFICATION ` . EFFECTIVE . RANGE/STEP DATE. ,' BASE MO. SALARY ... UTL Beatrice Office Specialist II TBD 4143/1 Gallardo $3,038.41 There is no fiscal impact, as positions listed are funded in approved department budgets TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIIL� MARCENE HAMILTON, CITY TREASURER DATE: NOVEMBER 7, 2011 CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF SEPTEMBER 2011 It is Irecommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of September 2011. BACKGROUND: Tran'mitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of September 2011. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, October 18, 2010 and Government Code Section 53600 et seq. The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six The change in total cash in bank and investments from August 31, 2011 to September 30, 2011 is a nett decrease of $1,656,959.05 CITY OF AZUSA TREASURER'S REPORT Quarterly Comparison Summary Prepared by: Marcene Hamilton, Treasurer September 30, 2011 Quarterly Balances Account -Description . June 30, 2011 September 30, 2011 December 31, 2011 March 31, 2012 June 30, 2012 WFB - Checking and Sweep $ 4,777,468.58 $ 1,870,990.44 Accounts WFB - Section 108 Choice IV $ 30,875.82 $ 30,868.26 Public Fund Account WFB - Certificate of Deposit - ISO $ 2,681,256.29 $ 2,681,295.57 Collateral Account WFB - Certificate of Deposit - Covington $ 117,351.60 $ 117,736.75 Trust Account - - Local Agency Investment Fund $ 15,163,373.97 $ 11,178,474.57 (LAIF) WFB - 3rd Party Custodial Trust $ 2,518,500.07 $ 3,009,950.00 Investment Account City of Azusa - Certificates of $ 900,000.00 $ 1,200,000.00 Deposits Investments City of Azusa - Agency Securities $ 22,996,250.00 $ 18,997,250.00 Investments Light & Water - Rate Stabilization - $ 8,213,500.00 $ 9,215,000.00 Agency Securities Investments - Total Cash in - - - - - Bank and 58,398,576.33 $ - 48,301,565.59 ;$ $ -. - $ - Investments - - - - - - i 5 Treasury Held in CITY OF AZUSA TREASURER'S REPORT ,ing Accounts and Certificates of Deposit Fargo Bank Prepared by. Marcene Hamilton, Treasurer September 30, 2611 Face aturity Interest or Account Number Balance Amount Date Coupon Description or CUSIP or Rate Market Value Checking Accounts General Checking Account XXX-XXX1244 66,425.00 Stagecoach Sweep Account DDA XXX-XXX12441,804,376.32 Worker's Compensation Checking XXXX-XX0318 -0.00 Flexible Reimbursement XXXX-XX5036 0.00 Payroll Checking (ZBA account) XXXX-XX1393 0.00 Police Petty Cash Fund XXX-XXX0334 189.12 Section 108 0.970% Choice IV -Public Fund Account XXX-XXX2239 30,868.26 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account 300,000 EN ery 30 Days 0.050% Certificate of Deposit XXX -XX -X16 58314,266.18 1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,367,029.39 Covington Endowment WFB Advantage Heritage Money Market Fund (rated AAAm/Aaa) WFB XXXX7554 17,736.75 Certificate of Deposit 100,000 06/29/09 1.400% Discover Bank DE Matures 5/12/14 CUSIP 254670D66 100,000.00 TOTALS 4,700,891.02 CITY OF AZUSA TREASURER'S REPORT TREASURY INVESTMENTS Prcparcdby: Marren Hamilton,Trcasury September 30, 2011 Broker Fare Amoum Description Coupon Rupe M.urity Date ArcVCusip N. Settlement Drtr PdndpaY Market Prim (Cheogn Monthly) Mark. Value" City of Aamm investments- AAA Rated Federal Agmq Bonds - - - -, - - - LXR,WO(X) 98.825 988,250. Wachovia Sec 2,000000 . FFCB 2.ViG OVIV12 2.250%, 02/17/12 31331GND7 03116100 1'999,000.00 100.758 ;015100.00 Wachovia Sec I,OOgOW FHLB 2.253 W113/12 2.250% W/13112 3133%TAW6 03116/00 999'soo.W I0LM4 I10I0"i'lo 0 Wmhm,a See 1,000.000 FHLB 1.2500729/14 1,250% 0729114 311170YK8 09/12/10 L00o,OW.W 101.725 1,01]250.00 Gilford S. "000031.7 FFCB 2.000 02/02/15 2.00WA 02/02/15 31331KBD1 02/02/11 I,MMEd 100.421 1,004,21000 Gilford Sec 1,000,000 FHLB 2.1 E5 04/15/15 2185% 00115115 313373DW9 04/15/11 L0000ow IG2.361 1.023.63000 GilfordSec 2,000,000 FFCB 2.9800020/15 2.98TA W28I15 31331JLB2 NOWI0 2,000,00000 IN. 114 2,01L280,00 Wachovia 5cc 1,000,000 FHLB 2.003 NRNI5 2.00(/. W2N15 313373BTB N2WI1 1,000,000.1'0 100.693 1'0)6,930,00 Wachovia sec 1 2000.000 FHLB 2000St U m3.300 1 2.0005: 05/18115 1133KYCC7 05/16/10 11998,250.00 100.1139 2,003,780. Gilford Sec 1,000,000 FFCB 1.60000629/15 1,600% W 2wlS 31331KOM5 06/29/11 LIRE."m 100.646 11()6,46000 Gilford Sec 11000,000 FFCB 1.0200928/15 1' N 0928/15 31331K211 09/28/11 LOW,000.W 99.594 995,940.00 Cilfml See L0000W FHLB 1.700031OV16 1)00% 0802/16 313375AC1 09/01,11 1,000%00.00 100.122 1'001,22000 Warhoviasm 1.000,000 FFCB 1.2300 MVIS 190% 00101115 31331KWT3 09/01,11 I.OW,WO.W 99.796 992,960.00 Gilford See 1,000000 FFCB 2.0001123/15 2.000'/. 112300 M33MA9 11123110 1,000,000.00 100.966 1,0119,66000 GiIfoNSec Lml.kr0 FFCB 2.4400324116 2440% 01!24/16 31331KFKI 03124111 1.000,OOO.W 101.826 1,018,260.00 Gilfonl Sec 1,000.000 FHLB 200003129116 2.00% 0389/10 313374%20 02129/11 1'000,000.00 100.325 1,003,250.00 Wallovia S¢ 1,000.000 FHLB110006/071162.100% OBg7/16 313324280 W0)/11 1.000.000.00 102.137 1,02197000 TOTAIS - 19,000%00 .: _1899],25000 .. (9��138,DD0.00 City ofAvuaninvestmmu-Cendicatnbf DePmit+FDIC Wu red '- - - WacM1avu See 100,00000 GE MONEY BANK 1.30PA 1MV13 36159SUC3 1021/10 100030.00 100.743 IW,743.W wo,amoa See 1000.MC0 METLIFE BANK. NA 1.300X IORK/13 59155IPHI 1021/10 IOO,U^0.o0 100.250 100,250.043 Wachovia See 200.000.00 DISCOVER BANK IA00% WOV14 25467OF56 W/151H 200.wi-M, ]Il 201,42IN Wechmis Sec 250,000.00 AMERICAN EXPRESS 1.250^/. 06109,14 02567DAX6 WWII 250.0110.00 100,327 250.617.50 Wachovia Sec 100000,00 ALLY BANK 1.100% 09108/14 020rr 2 09/07/11 100,000.00 99.941 99,941.00 wrelAois sec 200,000.00 BMW Bank OfNOM Asrmdm 1.3508 0923114 05568FR90 0983/11 200000.00 INE61 201,321N Wachovia Scc 25000000 HE CAPITAL FINANCIAL 1.800% 06/143/15 36160XRX7 06/06111 250.tK1.00 102.386 255,965.00 TOTALS 'I a(IR00 W :.1Ionssa 00 . 1;210196050 WFD-CITY THIRD PARTY CUSTODIALTRUSTACCT .:0070°% 1 IN/A-. NIA -5N/A - 3100100.00 -100.000- 3,000000.00 Light &Water Fund Investments - AAA .Rated Federal Agenry Bonds ' Hiuir,Creme] I,000,OOO.W FFCB 1.3900929116 1.390% 0929/16 31331KZV5 0929111 LXR,WO(X) 98.825 988,250. Higgins Cital 1.21SOW.W FFCB 1.02009126/15 1.020%. 0923/15 31331KZL) 0028/11 1215,OW.00 99.594 1,210,062.1 Higgins Cital 1.000.000.00 FFCB 1.375092006 1.325% 0926/16 313HUN3 0026/11 L000.000.00 99.314 993,140.00 wrelmvia See I1W.OW.00 FHLB LOW 0711V13 I400Y 0711V13 3133702W7 WILIO I.OW.11W.W 1W.277 1,00;77000 -Gi1fnd See 1000.000.00 FHLB 1.48003/21/16 1.460): 0311'/16 313375/24 Wklhl 1,000%00.00 99.542 995,42000 Wells Fargo Bank 2,0W,0W.W FHLB 1,50)ON03116 150/BD W05i;16 313375EDS 09AW/II 1000,000.00 99.124 1,96248800 WSAovla See 1,000,000.00 PHLS 100011128114 2.000%. 1128/14 313372NXS 0228/11 1100000.00 100651 1,006,510. Higgins Cital 1,000.000.00 FFCB 1.990300/15 1.930'/i, 03I3VI5 3133IU14 03130/11 1,CM,0W.W IW]I4 L,GK .00 " TOTALS - 9;215,M.N ,} : 9915%0000 9,185,)]1.10 THIRD PARTY CUSTODIALTRUST ACCT -10000%, NIA N/A'. NIA- 9,950.00' -Edh 9950.00 LAIF-CITY I LOCAL AGENCY INVESTMENT FUND 1 0378% 1 N/A N/A NIA 11,17847457 100.000 TOTAL INVESTMENTSIN FEDERALAGENCIES, WFR TNSTTTUTIONALTRUSTS,Aad LAIF 'I :13,600,674,57. a3;72I;15L17 INTEREST RECEIVED FROM MWESTMEWSFISCALYEAR-TO=DATE(F,.indo1y1,2011) 176,988.79 •Th,Trimipal" eolues,rtflttts no balance on the last day Ofthe garde or the'historicalcmt-apmtta'PusrLa asecuriry. "The -Markn Valu2' is Ne wmwt price ea whicM1 a sewriry can be nailed or sold TreaSURr Ramous Seplember2011 Times Romanxk 1 W 152011 4137 PM CITY OF AZUSA TREASURER'S REPORT INVESTMENT INTEREST EARNINGS Prepared by: Marten Hamilton, Treasurer Thru September 30, 2011 Face Amaunt Net Amount Coupon Rate Maturity Dale - AceVCusip No. Poymcot Schedule Scheduled 20102011 Interest Earnings Se' doled Semi -Annual Payment Amount Interest Received Fiscal Year to Date - 313370GSI City of Azusa Investments - AAA ]fated Federal Agency Bonds - .16,900.00 8450.00 8,450.00 1,000,000 1,000,000- 1,000,000 L725% - 0728114 - G6. Called 728 17,250.00 '8,625.00 - 8;625.00 ^-.1,000,000 - 1,000,000 - 1450% 09/02114 C43 Celled 721 74,500.00 7,250.00 51598.61 .1,000,000 1,000,000 .2.220% 0429/15 07 Called 729 22,200.00 11,100.00 5,550.00 1,000,000 1,000,000 1.250%' 0225/15 LZ9 Called 825 12;500.00 6,250.00 6,250.00 1,000,000 1.000000 - 1.250%, 11/19/15 N77 - E313370YK8 Called 8/19 12;500.00 6,250.00 - 2,500.00 1,000,000 1;000,000 - 1.250% -0526/16 - Sd :Called 826 12;500:00 .6,250.00 3,12500 1000,000 999,000 2:100%' - '0323/15 BS --Called 923 20,979.00 10,489.50 10,500.00 2,000,000 1,999,000 2.250% 02/17/12 `D7 8/16&V17 44,977.50 22,488.75 22.500.00 1,000,000 999,S0 2.250% 04/13/12 W6 10/13&4/13 22,488.75 11,244.38 1.00,000 1,000,000 1,000,000 1.250°/. 07/29!14 313370YK8 729&1129 12,500.00 6,250.00 6,250.00 1.000,000 1,000,000 2.000°/ 02/02/15 31331KHD1 8/2&L2 20,000.00 10,000.00 ]0,000.00 1,000,000 - 1,000,000 2.185% 04175/15 313373009 10/l5&4/IS 21,850.00 10.925.00 9,215,000- 2,000,000 2.000,000 2.980°/ 0420/lS 3133 ULB7 1020&4/20 59,600.00 29,800.00 1,000,000 1000.00 2.000% 0420115 313373BT8 10!20&4120 20.000.00 10,000.00 2.000,000 1,998,750 2.000% 05/16115 3133XYCC7 11118&5/18 39,975.00 19,987.50 1,000,000 1,000.000 1600% 0629/15 31331K MS 12129&6129 16.000.00 8,000.00 1,000,000 1,000,000 1.230% 09/01/15 31331KWT3 3/1&917 12.300.00 6,150.00 1,000,000 1,000,000 1.020% 0926/15 31331KZL7 3128 9128 10.200.00 5,100.00 1.000.000 1000,000 2.000% 1223/15 31331/3119 1723&523 20,000.00 10,000.00 1,000,000 1000,000 1.700% 03/02/16 313375ACI 3/2&9/2 17,000.00 8,500.00 1,000,000 1,000,1100 2.440% 03/24/16 31331KFK1 924 & 3/24 24,400.00 12,200.00 12300.00 1,000,000 7,000,000 2.000% 0329/16 3133741126 17!29&629 20,000.00 10,000.00 1,0000 1,000,000 2.100% 06/07/16 3133742RO 12/7&6!7 2100.00 10,500.00 19,000,000` - .18,997,250 ACTIVE INVESTMENTS - ..494,726.25 247,360.13 93{098.61 City ofAzusa Investments --Certificates of D_ eposib.;FDlC Insured 200,000.00 200,000.00 1.400% 06/02/14 254670F56 1712&6/2 2,800.00 1,400.00 100,000.00 100,000.00 1.100% 09/08/14 U2005QTS2 3/8&9/8 1,100.00 550.00 200,000.00 200,000.00 L350% 0923!14 05568PR90 3/23 & 923 2,700.00 1.350.00 250,000.00 250,000.00 1800% - 06110115 36160XRX7 12/10&Win 4.500.00 2,250.00 250.000.00 250,000.00 1.250% 06/09/14 02587DAX6 IL9&6/9 3,125.00 1.562.50 100,000.00 100000.00 1.300% 1022/13 36159SUC3 1022&4/22 1,300.00 650.00 100,000.00 100.000.00 1.300% 10/28/13 591557FHI 1027&427 1,300.00 650.00 1,200,000.00 - 1,200,600.00 - - 16,825.00 - -8;412:50 -... 0.00 CITY- Wells Fargo Bank Institutional Third Party Custodial Money Market Account - Liquid Asset -3,000,000.00 - 0.070% --rJa ` - .NIA-. Monthly Per Baladccend Rate 911:50 Light & Water Fund Investments - AAA Rated Federal Agency Bonds - 1,000,000 1,000,000 1,690% 08/12/14 313370GSI -- Called 8/12 - - .16,900.00 8450.00 8,450.00 1,000,000 -x,000,000 1.500% '' 12/15/14 313370UH9..-' Called 8/15-- ^15.000.00 7500.00 2,500.00 1;000,000 998.500 11.000% 02116/16 3136FP5G8- - - Called 8/16 ' 9,985.00 4,992.50 5,000.0 1.215900 1,215,000 - 2.100% .09/06/11 3133XTA97 -Called 9/6'-- 25,515.00 12757.50 12,757.50 2.000,000 -2000,000 1.200%- 09/13/14 - -313370RS9 .Called 9/13 - 24,000.00. 12000.00 12,000.00 2,000,000 2.000.000 1500°/ 06/09/16 313375ED5 12/9&6N 30,000.00 15,000.00 1,000,000 1,000,000 1480% 0621116 3133175/24 321 & 921 14.800.00 7,400.00 1.000.000 1,000,000 1.375% 09/26/16 31331KZN3 326&9/26 13.750.00 6,875.00 1,215,000 1,215.00 LOW% 09/28/15 31331KZL7 328&9128 12.393.00 6,196.50 190,000 1,00,00 1.390% 09/29/16 31331KZVS 329&929 13.900.00 6.950.00 1.00,000 1,000,00 1.400% 07/12/13 3133702W7 7/12&1/1214.000.00 7,00.00 ],000.00 1,00,00 1,00,002.000% 11/28/14 31337NXH 8/28 & 2128 20,00.00 10,00.00 10,000.00 1,000,00 100,000 1.990% 03/30/15 1 31331KFJ4 9130&3/30 19,900.00 9,950.00 9,950.00 9,215,000- :9,215,000 ACTIVE INVESTMENTS- 230,143.00 - 115,071.50 67,657.50 Light & Water Stablizatian - Wells Fargo Bank Institutional Third Party Custodial Money Market Account -Liquid Asset 9,950.00' r_. 0.070%:1 N/A '" '.-,N/A - - Monthly- _;'.- Per Balance and Rate- 220:5 CITV - Local Agency Investment Fund - Liquid Asset 11,178,474.57 -- 0378% 1 7 N/A - N/A- Quaneily Per Belancesnd Rate -.15,10;6 • Fiscal Year: July 1 -June 30 TOTAL INTEREST EARNED VTD 176.968.79 CONSENT CALENDAR HONORABLE MAYOR AND CITY COUNCIL MEMBERS VERA MENDOZA, CITY CLERK F.M. DELACH, CITY MANAGER^ NOVEMBER 7, 2011 APPOINTMENTS TO HUMAN RELATIONS COMMISSION It is recommended that the City Council adopt resolutions appointing LaLisa Morgan -Davis and Helen Jaramillo to the Human Relations Commission. - City Council conducted interviews for vacancies that exist on the Human Relations nission. The attached resolutions appoint members commencing October 2011. of $25.00 per meeting, not to exceed $50.00. �I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING HELEN JARAMILLO TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. HELEN JARAMILLO having been appointed to the Human Relations Commission by the City Council, said appointment is hereby approved and HELEN JARAMILLO is appointed to the Human Relations Commission for the term expiring September 30, 2014. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to HELEN JARAMILLO. ADOPTED AND APPROVED this 7`h day of November 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 7'' day of November 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING LALISA MORGAN-DAVIS TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE FOLLOWS: SECTION 1. LALISA MORGAN-DAVIS having been re -appointed to the Human Commission by the City Council, said re -appointment is hereby approved and LALISA N-DAVIS is re -appointed to the Human Relations Commission for the term exnirine 30, 2014. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall a certified copy thereof to LALISA MORGAN-DAVIS. ADOPTED AND APPROVED this 7`h day of November 2011. YOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City rncil of the City of Azusa at a regular meeting thereof held on the 7`h day of November 2011, by following vote of the Council: AYES: COUNCILMEMBERS: COUNCILMEMBERS: SENT: COUNCILMEMBERS: CLERK i To CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAS, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER XtVj NOVEMBER 7, 2011 APPROVAL OF JANITORIAL SERVICE SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS It is recommended that the City Council approve the attached janitorial service specifications and authorize staff to solicit bids for city-wide janitorial services. The' City last solicited bids for janitorial services in October, 2007. The three-year contract for ser�ices has expired and the City is currently on a month to month service agreement with Comeland Janitorial Services. Although the municipal code allows for (2) 1 -year extensions; in evaluating the services rendered over the past 3 years, it was found that internal complaints have escalated significantly in recent months and the contractor has been unable to maintain the level of service desired by some departments. Furthermore, due to the decline in the economy, bids may be more competitive in the City's favor. facility has a different need due to the hours and nature of operation. The specifications ler a service level deemed appropriate for each facility. Briefly, this is summarized as 1. Police - 7 days per wk 6. Memorial Park Admin. - 4 days per wk 2. NRC & MPK - 7 days per wk 7. City Hall - 4 days per wk 3. Library - 6 days per wk 8. Dunel House, Wellness Center, Women's 4.S r. Center - 5 days per wk Club, Aquatic Center, Boy Scout House — 1 5. dity Yard - 4 days per wk day per month. Janitorial services are budgeted at $101,576 from various funding sources. Janitorial Services Notice Inviting Bids & Specifications CITY OF AZUSA NOTICE INVITING BIDS FOR JANITORIAL SERVICES FOR CITY FACILITIES. Submission Deadline: December 13, 2011, 11:00 A.M. Late submissions will not be considered Submit Proposals To: Vera Mendoza City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 CITY OF AZUSA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone (626) 812-5229 until 11:00AM on December 13, 2011, at which time they will be opened and reviewed for the provision of the following: "Janitorial Services for City of Azusa Facilities" All proposals must be sealed and clearly identify the bidder's name, and address. The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any bidder on the grounds of race, color, sex, or national origin in consideration for the award. Bid packets may be obtained at the Public Works Office in Azusa City Yard, 809 N. Angeleno Ave, Azusa. You may also email your bid packet request to 4 mandatory pre-bid conference will be held on Monday, November 30'h, 2011, ;9:30AM.) at the City of Azusa City Yard located at 809 N. Angeleno, Azusa, California 31702. The exact meeting location at the City Yard location will be the Conference Room in the City Yard Public Works Administration Office. 411 persons responding to this invitation shall be aware that their bids are deemed public 7ecords and may be subject to disclosure upon request. The City reserves the right to -eject any or all proposals, to waive any infonnality or irregularity in any bid received, and to be the sole judge of the merits of the bids received. CITY OF AZUSA INSTRUCTIONS TO PROPOSERS CONTRACT TERMS AND CONDITIONS In awarding any equipment purchase contract, the selected bidder must agree to enter into an Maintenance Services Agreement ("Agreement") with the City and comply with the Azusa Municipal Code ("City Code") as conditions of receiving the contract. The City reserves the right to: (1) reject any and all bids; (2) waive minor irregularities; or (3) disqualify any bid that contains false or misleading information. LICENSES, PERMITS AND LAND USE APPROVALS The selected bidder must comply with all City, County and State standards and must, at the time it snakes a proposal to the City and throughout the time that the bidder provides services to the City, possess all other permits, licenses or land use approvals required by the City or any County, State or Federal agency to operate its business.. The bidder shall identify in its proposal the location from which it will provide services to the City. The bidder must have, at the time it submits its proposal, the right to lawfully operate the business from that location. The business must lawfully be operating from such location at the time it submits its bid. AWARD OF CONTRACT Issuance of this Notice Inviting Bids and receipt of bids does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, or disqualify any bid that contains false or misleading information, and to take the bids under advisement for the period of time stated in the "Notice Inviting Bids," all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are completed as to the responsibility and qualifications of the bidder to whom the award is contemplated.. No person may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof. INSURANCE Prior to the commencement of the fabrication and installation of the city hall marquee, the selected bidder shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City , of the following insurance, with Best's Class A- or better carriers: (1) Workers' compensation insurance covering all employees and principals of the bidder, in a minimum amount of $1 million per accident, effective per the laws of the State of California; and (2) Commercial General Liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit. tid policy or policies shall be endorsed to state the coverage shall no be suspended, sided, or canceled by either party, or reduced in coverage or in limits except after thirty 0) days' prior notice has been given in writing to the City. The selected bidder shall ve to the City prompt and timely notice of any claim made or suit instituted arising out the selected bidder's operation hereunder. Important Notice To Contractors The City of Azusa takes exceptional pride in the appearance of all its City facilities. Residents and non-residents alike use our facilities on a daily basis to conduct business and to interact with staff members. We wish to provide to the public, as well as City employees, clean and well maintained facilities that reflect the City's success and pride. In order to insure that each Contractor is familiar with the facilities covered under this contract, the City has mandated that you participate in the formal walk-through on Wednesday, November 301h, 2011 at 9:30 a.m. The tour will commence at the Azusa City Yard, located at 809 N. Angeleno Ave. Failure to participate in the walkthroueh will disqualify your bid. Each contractor will be asked to submit a building by building quotation, estimated duration of time spent per facility, number of assigned employees per facility, and be readily available for emergencies and extra work. This contract shall be in effect for three (.3) years. Sincerely yours,, Israel Del Toro Senior Management Analyst CITY OF AZUSA SPECIAL PROVISIONS FOR JANITORIAL CLEANING SERVICES Contact Person: Israel Del Toro Senior Management Analyst, Public Works Telephone Number (626) 812-5261 Fax Number (626) 334-0410 E-mail ideltoro car ci.azusa.ca.us Work Days Monday — Thursday Hours of Work 7:00 AM — 5:30 PM FOR JANITORIAL CLEANING SERVICES The following locations shall apply to the, specifications, work to be performed, bidding and invoicing. Facility Inventory Civic Center L & W Admin. Building 729 N. Azusa Ave. 18,737 sq. D City Hall 213 E. Foothill Blvd. 6,632 sq. ft. ➢ West Wing ➢ 8,630 sq. ft. Orange Place Auditorium ft. 4,460 sq. ft. r Durrell House (Museum) 740 E. Alameda Ave. 2,021 sq. ft. D Barnes House (Sister City) 805 N. Dalton Ave. 1,250 sq. ft. D Police Department 725 N. Alameda Ave. 28,558 sq. ft. ➢ Senior Center 740 N. Dalton Ave. 15,743 sq. ft. ➢ City Library 729 N. Dalton Ave. 18,500 sq. ft. City Corporate Yarn! Public Works Office 809 N. Angeleno Ave. 1,364 sq. ft. Satellite Facilities L & W Admin. Building 729 N. Azusa Ave. 18,737 sq. ft. ➢ Azusa Woman's Club 1003 N. Azusa Ave.. 6,160 sq. ft. ➢ MPK Admin. Area 320 N. Orange Place 2,000 sq, ft. ➢ MPK & NRC Public Areas 320& 340N. Orange Pl. 18,000 sq. ft. ➢ Transportation Facility 850 W. tenth St. 1,600 sq. ft. ➢ Aquatic Center (Slauson Park) 501 N. First St. 3,864 sq. ft. ➢ Boy Scout House 760 sq. ft. ➢ Light and Water Suite 2B 729 N. Azusa Ave.. 2,475 sq. ft. Light & Water Department D L & W Admin. Building 729 N. Azusa Ave. 18,737 sq. ft. ➢ Electric Yard Office 1020 W, 10" St. 4,000 sq. ft. ➢ Water Yard & Annex 710 W. Gladstone 2,375 sq. ft. ➢ Water Filtration Office 1870 Ranch Road 2,925 sq. ft. 1. CONTRACT EXTENSIONS a. The City and Contractor, by mutual consent and approval of Council, may extend this three (3) year janitorial contract at its termination, for a period of one year, not to exceed two (2) consecutive years. 2. EXHIBITS a. Contractor shall comply with the following exhibits: Exhibit A — Sign In/Ord Foran -Sign-in/out forms shall be completed each working day by assigned custodian -A form shall be placed at a designated area of each facility. -Contractor shall have the responsibility of submitting all completed monthly forms to the Facility Supervisor. -City shall have the right to deduct the average day of janitorial cost from monthly payment for each day not recorded on this form. Exhibit B — Monthly Inspection Fora: -City will provide a monthly inspection form to be used by both City and Contractor, to document performance. -Monthly inspections shall be performed within the first week of each month. -Contractor shall be prepared to allocate a minimum of two (2) hours to perform this task. -Form must have both City and Contractor signature in order to be valid. Exhibit C—Main Bid Document -This form shall be completed and submitted along with bid- -Contractor shall include the monthly cost to perform all work specified herein. Exhibit D — Main Bir! Document (Supplemental) -The contractor shall complete this form in order for the City to evaluate submitted bids and for comparison purposes as to labor time per day per facility. -This document shall remain on file and considered part of contract as a benchmark for duration of service per facility. Exhibit E — Carpet Cleaning & Floor Waxing (Contractor to furnish) -Contractor shall have the expert experience and ability to perform carpet cleaning, vinyl and tile waxing and polishing. -Contractor shall indicate the cost per square foot to perform these duties during non -regular working days and (tours. 3. EXTRA WORK a. City may authorize the Contractor to perforin extra services as required. b. Contractor shall be prepared to work evening hours, weekends, and holidays. c. The City reserves the right to obtain alternate quotations. 4. INVOICING a. All invoices for extra work shall be submitted to the City separate from the monthly contract invoice. b. Invoice shall state the nature of work, cost breakdown for each facility, date, and name of City employee who authorized the work. 5. CUSTOMER SERVICE a. Contractor shall be responsible for.fumishing uniforms to employees, to include name of employee and company name. b. City maintains the right to have contractor relocate or remove its employees from any City premise. 6. CONTRACT EMPLOYEES a. Contractor shall submit to City an employee roster as to the names of individuals who shall be assigned to each City facility. b. City reserves the right to conduct background checks for each contract employee for criminal offenses. c. All custodians shall be the employees of the Contractor in which the name of the company is indicated on the agreement. d. Contractor shall submit the name and position of Supervisor in charge of custodians. e. Contractor shall state the name of all sub -contractors. 7. HOURS & DAYS OF WORK a. All work shall be performed on the days specified on section #4 (Service by Facility), of the Facility Service Specifications. b. All restrooms and break rooms shall receive full service per the designated service days on section 94 (Service by facility), of the Facility Service Specifications. 8. EQUIPMENT & SUPPLIES a. Contractor shall supply all equipment required to perform work in order to maintain a satisfactory level of service. Example of which are; vacuum cleaners, push carts, mops, dust brooms, hand held vacuums and mini blind dusters. b. City shall supply all paper supplies, cleaning solvents, plastic liners and soaps. 9. SECURITY a. City will supply keys, entry cards or computerized chips and alarm codes to contract employees.. b. Contractor shall be responsible for the cost to replace any lost security items. a City shall have the right to verify security entry logs for deduction of pay for service NOT rendered or shortage of time spent per facility. d. Contractor employees shall comply with all City security entry procedures. e. Contractor may be liable for stolen items, if it so determined that Contractor did not secure facility upon completion of work. 10. SUPERVISION a. Contractor shall provide adequate supervision on the job. b. All work shall be done in a manner satisfactory to the Facility Maintenance Staff or designated City Representative. c. Contractor shall inform the Facility Maintenance Staff of all cleaning schedules or change in personnel. FACILITY SERVICE SPECIFICATIONS 1. Daily service shall be provided per the days specified on section 94 (Service by Facility) for the followings: a. Daily Restrooms and Break Rooms Service 1. Refill soap, paper towels and tissue dispensers 2. Clean wash basins, toilers and urinals 3. Polish all chrome fixtures 4. Empty trash containers and clean outside of trash container as required 5. Clean all mirrors 6. Disinfect all toilet seats 7. Wipe down walls around lavatory fixtures S. Wet mop all floors with disinfectant 9. Change all fragrant deodorizers as required 10. High dust partitions and fixtures 11. Clean table tops, counter tops, sinks, wipe stove tops and sides of refrigerators b. Daily Floor Service 1. Sweep all floors thoroughly with chemically treated dust mop 2—.Wet-mop composition 115ors from spillage -- 3. Vacuum all carpeted areas C. Daily Interior Cleaning 1. Vacuum all carpeted areas 2. Empty trash containers 3. Replace plastic liners 4. Dust table tops and counters 5. Empty exterior ash trays 6. Clean all glass doors and front/rear entry windows 2. Weekly service shall be once per week on the last service day of the week for the followings: a. Weekly Floor Service L Wet mop all vinyl and tile floors 2. Spot clean where required 3. Clean and wipe Council dias b. Weekly Interior Cleaning 1. Dust mini blinds 2. Vacuum all cloth chairs 3. High dust all file cabinets, doors and partitions 4. Wash walls and doors of hand prints or other visible marks 5. Clean mechanical vents 6. Wipe and clean all window panes 7. Wipe and clean cabinets in break rooms 3. Quarterly service shall be once every three months on the I" weekly service day of the quarter for the followings: 1. Wash all exterior and interior windows 2. Clean all interior baseboards 4. Service by Facility a. Police Department, NRC & Memorial Park Public Areas 1. Service shall be performed seven (7) days per week 2. NRC & Memorial Park - Full janitorial service: Monday to Sunday from 5:30PM to 6:OOAM 3. Police Station - 6 hours of janitorial service per day are required for this facility. Service is to commence no later than 3:30 P.M. and no earlier than 2:00 P.M. Monday - Thursday. 4. Full janitorial service: Friday to Sunday from 7:OOAM to 4:OOPM 5. Once per week floor mopping of jail area. b. City Library 1 -Full -janitorial service: Monday to -Satufd"ay from 9:OOPM-to--- 6:OOAM to6:OOAM C. City Hall, West Wing, City Yard, Memorial Park Adnrin. I. Full janitorial service: Monday to Thursday from 5:30PM to 6:OOAM d. Darrel House, Barnes House, Woman's Club, Boy Scout House, Aquatic Center 1. Full janitorial service: Once per month e. Senior Center I. Full janitorial service: Monday to Friday from 5:30PM to 6:OOAM J. Light & Water Administration Building, L&W Suite 2B, Electric Yard Office, Water Yard Office & Annex Building I. Full janitorial service: Monday, Tuesday, Wednesday and Friday from 5:30PM to 6:OOAM. g. Water Filtration Office 1. Full janitorial service: Friday from 5:30PM to 6:OOAM. EXIiIBIT A JANITORIAL PERSONNEL SIGN -IN / OUT LOG DAY PERSONNEL TIME -IN TIME-OUT 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MONTHLY INSPECTION FORM Facility City Representative Level of Service - 1= Satisfactory DAILY SERVICE Improvement Comments WEEKLY SERVICE Improvement Comments MONTHLY SERVICE Improvement Comments _ RESTROOM SERVICE Improvement Comments FLOOR SERVICE Improvement Comments WINDOW SERVICE ImprovemenfComments Date Contractor Representative 2=Needs Improvement EXHIBIT C MAIN BID DOCUMENT THREE YEAR JANITORIAL SERVICE CONTRACT FEBRUARY 1, 2012 THROUGH FEBRUARY 1, 2015 UNIT PRICE CIVIC CENTER 1. CITY HALL $ monthly 2. WEST WING $ monthly 3. AUDITORIUM $ monthly 4. DURRELL HOUSE $ monthly 5. BARNES HOUSE $ monthly 6 POLICE STATION $ monthly 7. SENIOR CENTER S. LIBRARY $ $ monthly monthly CITY (CORPORATE YARD $ monthly 9. PUIBILIC 10. WIAREHOUSE WORKS OFFICE $ $ monthly monthly SATELLITE 12.WOMEN'S FACILITIES CLUB $ monthly 13. Mi 14. Nf MORTAL PARK ADMIN. AREA C AND MEMORIAL PARK PUBLIC AREAS $ $ monthly monthly 15. S U1ITE 2B (L&W) $ monthly 16. AQUATIC 17. BbY CENTER SCOUT HOUSE $ $ monthly monthly LIGHT & WATER FACILITIES 18. L&W 19. ElIi ADMIN. BUILDING ECTRIC YARD OFFICE $ $ monthly monthly 20. WATER YARD & ANNEX $ monthly 21. WATER FILTRATION OFFICE $ monthly TOTAL $ monthly* TOTAL Signature $ annually* Bidder's *TOTALS TO BE BASED ON AN AWARD OF CONTRACT FOR SERVICES TO ALL OF THE FACILITIES ABOI EXHIBIT C MAIN BID DOCUMENT - ALTERNATE THREE YEAR JANITORIAL SERVICE CONTRACT FEBRUARY 1, 2012 THROUGH FEBRUARY 1, 2016 FACILITY BID GROUP #1 1. CITY HALL 2 WEST WING 3 AUDITORIUM 4 DURRELL HOUSE 5 BARNES HOUSE 6 PUBLIC WORKS OFFICE T.WAREHOUSE B. SUITE 2B (L&W) BID GROUP #2 1. POLICE STATION 2 BOY SCOUT HOUSE BID GROUP #3 1. SENIOR CENTER BID GROUP #4 1 LIBRARY BID GROUP #5 1. WOMEN'S CLUB 2. MEMORIAL PARK ADMIN. AREA 3. NRC AND MEMORIAL PARK PUBLIC AREAS 4. AQUATIC CENTER BID GROUP #6 1. L&W ADMIN BUILDING 2 ELECTRIC YARD OFFICE 3. WATER YARD & ANNEX 4. WATER FILTRATION OFFICE GROUP PRICE monthly $ monthly monthly monthly monthly monthly TOTAL $ monthly' TOTAL $ annually* Bidder's Signature THE CITY RESERVES THE RIGHT TO SELECTOR DELETE ANY OF THE (6) GROUP BID LINE ITEMS EXHIBIT D MAIN BID DOCUMENT The City is requesting the Contractor to document the required number of personnel to be assigned to fulfill the specifications of this contract. The contractor shall include the estimated minimum time to be dedicated to each facility. If the amount of time listed on the sign -in sheet is less than the time listed on this document, it is at the City's discretion to discount payment at a rate of $10 per hour. Number of total assigned personnel: CIVIC CENTER I 1. CITY HALL Hrs. of service per facility per day 2. WEST WING Hrs of service per facility per day 3. AUDITORIUM Hrs, of service per facility per day 4. DUIRRELL HOUSE Hrs. of service per facility per day 5. BARNES HOUSE Hrs. of service per facility per day 6. POLICE STATION _8_ Hrs of service per facility per day 7. SENIOR CENTER Hrs. of service per facility per day 8 LIBRARY Hrs. of service per facility per day CITY CORPORATE YARD 9., PUBLIC WORKS OFFICE Hrs. of service per facility per day 10. WAREHOUSE Hrs. of service per facility per day SATELLITE FACILITIES 12. WOMEN'S CLUB Hrs. of service per facility per day 13. M�MORIAL PARK ADMIN. AREA Hrs. of service per facility per day 14. NRC AND MEMORIAL PARK PUBLIC AREAS Hrs. of service per facility per day 15. S I ITE 26 (L&W) Hrs. of service per facility per day 16. 17. AQUATIC CENTER BIOY SCOUT Hrs. of service per facility per day HOUSE Hrs. of service per facility per day LIGHT & WATER FACILITIES 18. L&IW ADMIN, BUILDING 19. E I�IECTRIC YARD OFFICE 20. WkTER YARD & ANNEX 21. WATER FILTRATION OFFICE uate Hrsof service per facility per day Hrs. of service per facility per day Hrs. of service per facility per day Hrs of service per facility per day CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER $V—' DATE: NOVEMBER 7, 2011 AWARD OF CONTRACT — PURCHASE OF (2) TRANSIT BUSES It is irecommended that the City Council award a contract to Creative Bus Sales in an amount of $133,032 for the purchase of (2) 2011 Ford E450 Transit Buses. The Public Works Department maintains a Vehicle Replacement Program that tracks the lifec cle and condition of the vehicle fleet maintained by the Public Works Department. Each year; staff evaluates the condition of each vehicle and determines which are in good operating condition and which vehicles have reached the end of their service life. The FY 2011-12 Capital Outlay list includes funds in the amount of $164,625 for the purchase of (2) alternate fueled translit buses to replace a 1997 Dodge transit shuttle with 132,500 miles and a 1999 Ford Collins transit bus with 158,368 miles. Both vehicles have been in service for over 12 years and are experiencing costly mechanical failures. The City Council originally approved the purchase of (2) alternate fueled buses in the FY 2011- 12 Capital Outlay. In an effort to reduce maintenance cost and improve passenger capacity (CNG tanks reduce passenger space and CNG vehicles require specialized maintenance), staff has recommended the purchase of gasoline powered transit buses. The Azusa Transportation Division currently has 10 transit vehicles in its fleet. The South Coast Air Quality Management District via Fleet Rule 1192 requires the purchase of alternate fueled vehicles only if an agency had a heavy-duty transit fleet of 15 or greater. This purchase can be "piggy -backed" on to the California Association for Coordinated Transportation (CalACT) Bid 909-02. Under Azusa's Purchasing Ordinance Section 2-522 (a), the City is exempt from procuring through a competitive bid process "if it is determined that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than that price to that public agency." Cost of the (2) transit buses is $133,032 and below the $164,625 originally budgeted amount. This purchase will be paid from account number #15-55-521-130-7135. Vehicle Specifications Summary & Quote October 26, 2011 Creative Bus Sales Proposal for City of Azusa CalACT Class B Cutaway ADA Bus for 12 -Ambulatory + 2 -Wheelchair Passengers or 16 -Passengers Pricing Based Off of CalACT/ MBTA Vehicle Purchasing Cooperative • Piggyback Options: CalACT / MBTA Bid (Class B -Gasoline) • Purchase Requires Membership to CalACT and Payment of Procurement Fee e Delivery Timeline: 120 -days • Starcraft Alistair Cutaway Bus • 2011 Ford E450 Cutaway Bus with 6.8L V10 Gasoline Engine • Ford OEM 225 AMP Alternator • Wheelchair Lift: Ricon 5-5005 Wheelchair Lift (Rear) • Restraints: Q-Straint 8100 Deluxe with Knobs • Flooring: Dark Grey Rubber (Coved} • Seats: Docket 90 Blue #116 with Padded Grab Handles • Standee Line and Step Nosing: Yellow • Exhaust To Exit 90 Degrees Below Rear Most Street Side Window • Rear Most Street Side Window to be Solid (No Top T -Slider) • Full Front Storage with Carpet (Non -Locking) • E -Track to Run Lengthwise • Bus Comes Equipped with All Standard CalACT Specifications (Please see attached From the office of Steve Chung Cell 909.549.9398 / Office 800.326.2877 / Fax 909.465.5529 stevec@creativebussales.com www.creativebussales.com Credits: • (1) Altro Flooring to Grey Rubber Flooring: -$100.00 • (4) Seat Credit: -$340.00 Additions: • (1) Recaro Driver's Seat (with Black Transit Fabric): $1,191.00 • (1) Mor-Ryde Suspension: $989.00 • (4) Double Foldaway Seat: $3,900.00 • (1) AM/FM/CD/Stereo: $495.00 • (1) Wheelchair Lift Cover: $200.00 • (1) Rear Door with Window and Buzzer: $764.00 • (1) Decal Allowance Per Bus: $3,000.00 Pricing: • Cost Per Bus: $51,149.00 • Total Credits: -$440.00 • Total Additions: $10,539.00 • Document Prep Fee: $55,00 • Subtotal: $61,303.00 • Non -Taxable (ADA Equipment): $12,364.00 • Taxable Amount: $48,939.00 • Sales Tax @8.75%: $4,282.16 • DMV: Exempt • Delivery: Included • California Tire Fee: $12.25 • Procurement Fee (1.5% of Subtotal / Pre -Tax): $919.55 • Total Cost Per Bus: $66,516.96 From the office of Steve Chung Cell 909.549.9398 / Office 800.326.2877 / Fax 909.465.5529 stevec@creativebussales.com www.creativebussales.com II DEALER APPROVAL I R APPROVED CUSTOMER SIGNATURE PERTT OF STARC BUS. A OMMON OF ITSW NOT BE[QPMD OR OWl=TED IIl OR SN IT BE SUBMITTED TO OUTSIDE NOTE, POLDAWAY5 CANT HAVE GRAB HANDLE5 OF CHANGE E-450 14,500 GVWR SCALE IN INCHES TOLEWCE UM Ss STA mHDTxssEsoecx�o �IIIII'I'�ii1I1I1I1I1IiifI'I'III'IIx 111L0111 CRAFT BUS B ER WIC "M Iw WB 2ZALLSTM B 2 WC,ION FO OS IEB IE}l I�� Starcraft - Type B Ford 'Qty : ,: De3cr{ption - 1 Chassis, Ford 6.8 Gas 158in 14,500 (2010) 225 Amp Alt. 1 12 + 2 w/c Body 1 Extended Warranty 1 Tire Valve Extension 1 Spare Tire - Ship Loose 1 Help Bumper w/Hawkeye (Anti Ride) 1 DrlveshaftGuard- Additional 1 As -Built Wiring Diagram 1 Wiring Diagram Installed on Circuit Breaker Cover 1 Electrical Wiring Function and Color Coded (Packard Connectors) 1 Gateway -ILIS 1 LED - Passenger Entry Door Light 1 LED - Front Marker Lights 1 LED - Rear Marker Lights 1 LED - Rear Center Brake Light 1 JOEM Daytime Running Lights I LED - Mid -Ship Turn / Marker Lights 1 LED - Backup Lights 1 Independent Brake and Turn Signals 1 Rear Turn Signals - Amber 1 Door Activated Interior Lights 2 LED Steplight 1 Maximum Capacity 2nd Battery (750cca 1) 1 Battery Disconnect - Body Only - 1 IStainless Steel Slides on Battery Tray 1 Battery Box and Tray 1 Stainless Steel Battery Box 1 Locking Latch on Battery Tray Door 1 Battery Cable Diagram on Battery Door 1 Battery Disconnect - Decal 3 Three Total Added Grounds 1 Back -Up Alarm 1 Frame Corrosion Protection 1 One -Piece Roof 1 Stainless Steel Exterior Screws and Exterior Fasteners 12 Docket 90 Vinyl Seat Material (Seats Fully Enclosed) 12 Fully Enclosed Seats - Fiameblocker 12 USR Seatbelt 2 24" Seat Belt Extenders 12 Seat Grab Handle 6 US Armrest 6 Mid -High Back Freedman Double Seat 0 Mid -High Back Freedman Single Seat 1 Freedman Sport Drivers Seat 1 D-90 For Drivers Seat 1 5/8" Exterior Grade Plywood Flooring (Sealed Edges) 1 Altro Meta Flooring - Gray 1 Altro Standee Line - Yellow 1 Standee Line Decal 1 FRP on Ceiling I FRP on Rear Wall 1 Altro Coved Flooring 2 AltroStepnosing- Yellow 1 Electric Entry Door 1 Exterior Entry Door Key Lock 1 Accessible Service Door- For Door Mechanism 1 Driver Running Board 1 Driver Entry Assist Rall 1 Dual Entry Door Grabrails 2 Overhead Handrails 1 Driver Modesty Panel (Formica) 1 Smoked Plexiglass Upper Driver Modesty Panel 1 Fixed Rear Streetside Window 1 LED Emergency Exit Lights 2 Emergency Exit Decals 1 Insulated (Astro -Fall) Front Cap 1 Full Undercoating - Included Cab Area 1 Steel Wheelwells 1 FrontMudflaps 1 TA 733 Rear A/C (Dual Compressors) - MUST BE ALL OEM COMPONENTS 1 50,000 BTU Rear Heater 2 Heater Brass Turn Valves 1 Silicone Heater Hoses 1 Shut -Off Valves - Decal 1 Braun Millenium or Ricon 5-5005 Wheelchair Lift 1 Dual Lift Entry Doors -68" Minimum w/Windows - Gas Shock Hold -Opens 1 Special Lift Doors Construction to Meet Spec 1 LED - Lift Curbside Lighting 1 (PCOM) Park Crank Module 2 Q'Straint QRT 8300 Max (L Track) 8 Webbing Loop 1 Wheelchair Restraint - Plastic Storage Box 1 Web Cutter 1 Torso Pad - Solo 1 Recessed Front Cap w/Storage - Locking Door 1 Sib Fre Extinguisher 1 Emergency Triangle Kit 1 16 Unit First Aid Kit 1 B & R 6" x 9" Passenger View Mirror 1 B & R or Hadley Exterior Electric Mirrors w/Turn Signal 2 Minimum of 8Interior Incandescent Lights 1 IStreetside Exhaust w/Turn Down 1 Two -Way Radio Prep w/Pull Wire & Access Panel, Ground Plane 1 Brake Max or Duratans Overdrive Controller 1 Blood Borne Pathogen Kit 1 Driver Coat Hook - Chrome 1 Manual, CD Cust Part-Elec-Vid w/Driver Manual 1 DVD, QRT Training 1 Chassis, No Tow 1 5 rin , Additional Leaf - Lift Side 1 Lift Pad Kit 1 ADA Decals [11 No Paint �- The Allstar Series STARCRAPT BUSS o division or Fares, River, too. }The Allstar Series STARCRAPT BUS a drvmin.. or Fnrenr nrver. me. ,=Standard Exterior Feature Highlights • Fully welded steel cage construction meeling all applicable FMVSS requirements •"Siarvlew"@iven visib2ty, svindawin front of entry door__.m cover • Electric actuated passenger entry door with lull length glass �eK'arf d •36"wide X36' high upperdouble i -Slider tempered solely iii A I �. r! '+w'' w�-"•r 121 m ger2WM1edchvh 'G Y '' i - A glass windows with climate control tint 4 Pmsenan romvwar seats Flus 04ver * i= ;I� ,� -''< y ' r.y �,� • Black powdercaaled steel rear bumper _ •Rear mud Gas '! •Pre•palnted while aluminum side. murwalb. skids�.'"r •One -place seamless FRP (fiberglass reinforced ptosllrq root • Breakaway rearview, mimes with built -In convex •Sealed LED stop, tail and tum signal Gghis wi reverse IlAhis th inwndescenijv �• i( �� .1� ' A 1 • Exterior gmphirs package available in three colon (blue, mn9erzwheelehek j + 'hut' green orburgundyl 16P4r o ria rs lel el er �I I \I; ji i'. tv Standard Inferior Feature Highlights • 93"Interior width �`vdl', I -pi r c r,., E y+s,_f'�•J-� •80" Infedor Goar to celling height with slandard Poor Qalsed Floor and wall seal track for flexible sealing fill z • r'�'" `� i .a;•"am •Black ribbed rubberaisie Win gray carpel under the seals • $1B" exterior grade plywood floorng 20 Faurn0e Wthl l far Lsao rte Flu, arlver • Calling antl rearwail fabric for sound abatement •FRP (Gberglass reinforced plaslic) s!dewalls far easealdeaning T fi • White step nosing �•'� •125" telt hand vertical passenger assist roll of enlrydoorya,Pts- • Printed circuit board with automotive a fuses antl LED MITI '' G x.- IraubleshootingGghls type ' IRAi� • Entry doorstep well lights s -.M• ' r i xti • Incandescent driver and passenger area righting `.. •• - u—^ -•u •"- --r --s• + __x: ?....r 1 s".�.,�„_ .kef _. a.M1 ... •.,i.Gi: t� 15!r. 21 Pv.. with Cam luaevee am arhn s- Popular Option Highlights • Stainless sleet wheel imeds Interior and exterior LED lighting 1� s - -Luggage Storage areas [overhead luggagemcks wifhreatl• 1 ss,��r rI:�F Ingllghts. interior luggage racks, rear storage area( �att✓A • Rear emergency doorwllh window(sl fl�� .... law • Passenger area rear heat and air conditioning • Complete rubber Gocdng 75 Pm,ev0er nu, o6a, - •Passengergrabrails - - Padded Padded vinyl at cloth walk and ceiling 0vo lv oureammtterd 1.pmdue1 coach.sped,. - :# • AUdla and video systems cvlivm wdopl'am ma,ub'ed lvrhonge,dlhaul -' t; • Mid back orhlgh back seating Moke N the Wr,e t at soducttmoxnementard :•AFMVSS campGaniwheel chair GOsand securement mvhelahrngas. - - systems 90atr, less side wells.. skids. and rear cap - Seat b -".Seal bells - xlroweradvd-]YeaRW.040 non STAFTCF?AFT BUS p 2367 Century Drive •'Goshen:IN 46528 • DI. No.SCB-09/093010- o dwvs:m.. or Foroei Rlvnr. me. - ,1.800.348.7440 • Fax: 574.6423301 • wawstereratlbus.cam SOf2ty. pEl'fOFt1'It]FICf?:<DUFQbilIty. ®The Allstar Series I Safety. Performance. Durability. STARCRAFT SUSF'- n MOW.. e/ I.,ent R/ven /n u. Safety is out primary focus at Slarcralr Bus. from the 3,000 tbs. soat-pull test to the rigorous 7-year/200A00 mile Altoona test. Ing. passengers can be assured that the Allstar surposses the mosl stringent testing. Bus operators can relax knowing that the fully welded steel cage construction offers the best passenger protection. I 1 t Pedormonce Is not measured by how lost the bus will go, but 11 I I I 3 t rather by passenger camfod. lho Albtar features straight side If s555 wall construction that maximizes passenger shoulder space I fi I i — a� and the wiriest aisle in the industry. Durability does not come easily or quickly.lha Allstar hos been I.s l_ lime tested for close to a decade.The 22.006pius Storcroll bus. rl as an North America's rootls alter d hilfon reasons why lila All- s' ll- rn-s ",�a,� sforhas became a lavadte. and those reosens are called miles the Allslor is engineered to accommodate o variety of sealing L arrangements Including wheelchair accessibRly and various `fir yx storage options for luggage. t ll'^t ? ✓�, slabs: t Pus, a dnhbn or Fusco Giver one. 4 vwred by 9e4b11ie Holhavay. meetheinodrrby;praedandsenseccmipurf In thee. duh Tte=dsalu ^✓ i}-. ^�tx' �2�rSq �+'; S.a � �� I "" j 1��: bxlne leed,rnv wowdna vox,rPadPd cerlema.cedrtzry �nara!e Sql f'4 I'vaPCIPI'ort \`) ^� a�,�? v3 i`•*�� r -� / { � (x': r a-=- Y.ki t�( r�l 1--.'� Is i t gam' ARM ereona4obe emnCPetlwifhppte el reorwheekhprpccevS;IV le-Allstar Features Features to Meet Your Speck Needs .Oplbml kgRbvekfeah aphe4lm.Pvb tletlelo!M1weeraMceSrp.enaaveAead ': kggaGemcrs.. d".te lkh pI,.sxI drs.I lryb tori wltrvu,e pl lhemW oldnvl Pnthe engine ewer '�IbfeldabN whrwkM1�davwilh rep m un v letldIs. rp 1pheldtlwrexnln '.rndycalal!av Oplianvl mv!-0ack se bppdded Fin/I waL ontl cpamg. antlwrwakhpYxeapblo-IrtvGh-thedmecghls PoMetleheMcalehcvil bvvdwllM1 tED OplG.nel(�nBlalrmmevp - -- ' 8 CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER NOVEMBER 7, 2011 ACCEPTANCE OF RELINQUISHMENT AGREEMENT FROM CALTRANS FOR AZUSA AVENUE (STATE ROUTE 39) FROM ARROW HIGHWAY TO 330 FEET NORTH OF ARROW HIGHWAY AND THE MAINTENANCE OF SIGNALS AT THE INTERSECTIONS ON AZUSA AVENUE AT FIRST STREET, PARAMOUNT STREET, GLADSTONE STREET AND ARROW HIGHWAY. ICOR, V1V11V1L1N LA 11 WIN It is recommended that the City Council approve the relinquishment agreement from Caltrans andlauthorize the Mayor to sign the agreement. In January of 1997, the City of Azusa City Council approved Resolution number 96-C7 for a Cooperative Agreement with Caltrans relinquishing State Route 39 from the southerly City limit to 1.07 miles south of the National Forest Boundary. The southerly City Limit at that time, on Azusa Avenue, was 330 feet north of Arrow Highway. Also, as a part of the agreement, Caltrans desired to continue maintenance and operation of the existing signals on Azusa Avenue at First Street, Paramount Avenue and Gladstone Street. On August 2007, the City of Azusa City Council approved Resolution number 07-C74 annexing the County of Los Angeles property located at the north east corner of the intersection of Azusa Avenue and Arrow Highway into the City of Azusa. The area in the annexation includes Azusa Avenue (State Route 39) and Arrow Highway bordering the site and the traffic signal. The section of Azusa Avenue (State Route 39) from Arrow Highway to 330 feet of north of Arrow Highway on Azusa is owned, maintained and operated by Caltrans. Since the area is now in the City1 of Azusa, this section of roadway could be relinquished to the City of Azusa. In mutually beneficial discussions between Caltrans and the City of Azusa, Caltrans is willing to relinquish Azusa Avenue from Arrow Highway to 330 feet north of Arrow Highway and the traffic signal at the intersection thereof. Also, Caltrans will include in the relinquishment the Caltrans maintained and operated traffic signals along Azusa Avenue (State Route 39) at First Street, Paramount Avenue affd Gladstone Street. Reasons for the City of Azusa's interest in relinquishment of Azusa Avenue from Arrow Highway to 330 feet north of Arrow Highway and the traffic signals are: • Allows for the City of Azusa to have control of the traffic signals timing and operation on one of Azusa's major corridors. This will allow the City, at a future date to coordinate timing through the corridor and move traffic more effectively. • Allows for the City of Azusa to construct the Rosedale Traffic mitigation requirements at the intersections of Azusa Avenue (State Route 39) at Gladstone Street and Arrow Highway. • Allows development to obtain an encroachment permit through the City of Azusa instead of the lengthy process of acquiring an encroachment permit from Caltrans. • Facilitates repairs or improvements at the traffic signals and roadway that may not get addressed by Caltrans in the future. Staff has been working with Caltrans on the cooperative agreement for the relinquishment of Azusa Avenue (State Route 39). Caltrans has agreed to pay the City of Azusa $185,000 to improve concrete improvements, deteriorated pavement for the 330 foot stretch of Azusa Avenue (State Route 39) and for traffic signal improvements at the intersection of Arrow Highway and Azusa Avenue. Please review attached Relinquishment Agreement. FISCAL IMPACT Caltrans will pay the City a one time payment amount of $185,000. The City of Azusa has been paying 50% of maintenance costs and electrical costs for the intersections along Azusa Avenue at First Street, Paramount Avenue, Gladstone Street and Arrow Highway at about $5,000.00 annually. Once the relinquishment is completed the City will assume full maintenance costs. The overall maintenance cost the past few years has averaged about $10,000. There will be an anticipated increase in maintenance costs of approximately $5,000 annually. ATTACHMENT Relinquishment Agreement with the City of Azusa and Caltrans. 07 -LA -39-13.10/13.16 Azusa Avenue from Arrow Highway to 330 feet North of Arrow Highway 072233P6101 District Agreement No. 07-4937 RELINQUISHMENT AGREEMENT Agreement, entered into effective on , is between the STATE OF FORNIA, acting by and through its Department of Transportation, referred to herein as TRANS', and the CITY OF AZUSA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". District Agreement No. 07-4937 RECITALS CALTRANS and CITY, pursuant to Streets and Highways Code sections 73 and 339, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a State Highway within CITY's,jurisdiction. CALTRANS intends to relinquish to CITY that portion of State Route 39 (SR 39) between Arrow Highway and 330 feet north of Arrow Highway, as shown in Exhibit A attached to and made a part of this Agreement, referred to hereinafter as "RELINQUISHED FACILITIES". This relinquishment is based on Legislation AS 1794. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS' recording of said Resolution in the County Recorder's Office. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. CALTRANS and CITY have negotiated an understanding that CITY will accept and assume full maintenance, ownership, responsibility, control and liability in perpetuity over the RELINQUISHED FACILITIES in exchange for the payment of $185,000 or some other allocation made by CTC deemed to be in the best interest for CALTRANS. 4. Upon recordation, CALTRANS shall not continue maintaining and operating the existing signals on Azusa Avenue at the intersections of Is' Street, Paramount Street and Gladstone Street. Consent from CITY for Caltrans to maintain and operate said signals per Cooperative Agreement, District Agreement Number 07-4250, executed between Caltrans and CITY on January 21, 1997, is hereby rescinded. CITY shall assume responsibility for maintaining and operating said intersections. 5. Funds may not be available at the time of the CTC's Resolution of Relinquishment due to budgetary constraints. However, CALTRANS will make requests for allocation of $185,000 to CITY by the CTC when the funds become available. The parties hereto intend to define herein the terms and conditions under which RELINQUISHED FACILITIES is to be accomplished. SECTION I CITY AGREES: Execution of this Agreement constitutes CITY's waiver of CALTRANS's obligation to provide ninety (90) days prior notice of CALTRANS's "Intention to. Relinquish" as set forth in Streets and Highways Code section 73. 2. To accept that allocation, determined by the CTC to be in the best interest of CALTRANS, as CALTRANS's only payment obligation for this RELINQUISHED FACILITIES. Even if funds are not available with CALTRANS at the time of resolution of relinquishment by CTC, to accept RELINQUISHED FACILITIES immediately upon recordation of CTC's Resolution in the County Recorder's Office and defer the receipt of payment for RELINQUISHED FACILITIES to a date when funding becomes available. ea 5. a A 2. 9 4, 5. District Agreement No. 07-4937 To defer actual receipt of funds to the following Fiscal Year (2012/13 Fiscal Year - July 1, 2012 to June 30, 2013), with no additional interest payment, in the event when funds are not available due to budgetary constraints, at the time of recordation of the relinquishment resolution and acceptance of RELINQUISHED FACILITIES by CITY., To accept ownership, including all of CALTRANS' current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS, Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CITY agrees to make all necessary changes of ownership of utility accounts with the utility companies applicable to RELINQUISHED FACILITIES, as shown on Exhibit C, attached to and made a part of this Agreement. CITY agrees to perform all necessary work to bring the RELINQUISHED FACILITIES into conformance with the American Disability Act (ADA) requirements upon receipt of the payment of $185,000 or some other allocation made by CTC deemed to be in the best interest for CALTRANS. CALTRANS agrees to discontinue maintaining and operating the existing signals on Azusa Avenue at the intersections of 1s1 Street, Paramount Street and Gladstone Street. CITY shall assume responsibility for maintaining and operating said intersections. SECTION II To relinquish, upon the approval of the CTC's Resolution of Relinquishment, the RELINQUISHED FACILITIES, Funds may not be available at the time of the CTC's Resolution of Relinquishment due to budgetary constraints and therefore CALTRANS will make requests for allocation of $185,000 to CITY by the CTC when the funds become available with the expectation that CTC will determine that this or some other allocation is in the best interest of CALTRANS. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording, To pay CITY, within thirty (30) days of approval of funding by CTC, the amount of $185,000 or any other allocation approved by the CTC. The payment of those funds will represent CALTRANS's only payment obligation for the purpose of the RELINQUISHED FACILITIES. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available CALTRANS records and files for RELINQUISHED FACILITIES, including, but not limited to, plans, survey data and right of way information. 6. 1 CALTRANS agrees to turn over maintenance and operation of the existing signals on District Agreement No. 07-4937 Azusa Avenue at the intersections of lst Street, Paramount Street and Gladstone Street. CALTRANS will transfer to CITY within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available CALTRANS records, timing sheets, timing plans and repairs or improvements within the last 5 years in a hardcopy and electronic format to the satisfaction of the City Engineer. SECTION III IT IS MUTUALLY AGREED: All obligations of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of any funds by the CTC. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this Agreement.. 3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authoriy or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS will fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this Agreement. 4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This Agreement shall terminate upon recordation of the CTC's Resolution of Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office and payment by CALTRANS of $185,000 or any other allocation by CTC to CITY, except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. District Agreement No. 07-4937 SIGNATURES :TIES declare that: . Each PARTY is an authorized legal entity under California state law, 2. Each PARTY has the authority to enter into this agreement. 3 The people signing this agreement have the authority to do so on behalf of their public agencies. OF CALIFORNIA TMENT OF TRANSPORTATION )LM DOUGHERTY Director District Director ROVED AS TO FORM AND lCEDURE: ---j , ti.4� of Transportation AS TO FUNDS: District Budget Manager 'IFIED AS TO FINANCIAL TERMS POLICIES: CITY AZUSA By: Attest: Joseph R. Rocha, Mayor Vera Mendoza, City Clerk APPROVED AS TO FORM AND PROCEDURE: By: Attomey F7 Elm STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION IN THE CITY OF AZUSA, ROUTE 39 (AZUSA AVENUE) FROM ARROW HIGHWAY TO APPROXIMATELY 330 FEET NORTH OF ARROW HIGHWAY SECIIW CI a v 2 T.I S. O.R.1�Oi7. i cm M11A O ^� lOS L14FlE$ j 1A1 W SME }u.. .'TA 10114 I1U.0=01 District Agreement No. 07-4937 EXHIBIT "B" — Scone of Work Engineering Estimate for Repair Cost negotiated as a cost of Relinquishment: Description Amount Pavement $122,500 Repair Sidewalk, Driveway & Gutter 26,562 ADA Conformance - Curb Ramps & Sidewalk 8,000 Traffic Striping & Marking Subtotal: 157,062 Design & Construction Engineering & Admin 27,486 Total: $184,548 CALL: $185,000 District Agreement No. 07-4937 EXHIBIT "C" Relinquishment of Traffic Signals on Route 39 From State of California to the City of Azusa Effective the date of recording of Relinquishment No Rte PM Location Signal Service Meter # Account # Address Azusa Ave So. 211010-014117 0080666300 Azusa Ave at 459 1/2. So. 2-14-056-4741 1 39 13.09 at E0304 Azusa Signal & AZLW Anow Hwy Safety Lights So. Cal Edison Azusa Ave Ave SafetyLights 0850380039 Notes: It is the City's responsibility to transfer all accounts to the City of Azusa from Caltrans, if it is not already done. Effective the date of recording of Relinquishment Caltrans will cease maintenance & operation of signals listed below. Cit of Azusa will maintain & o erate signals No Rte PM Location Signal Service Meter # Account # Address Azusa Ave 21796 0080666300 459 1/2. So. 1 39 13.60 at E0.305 Azusa Ave Signal & AZLW Gladstone Safety Lights 0161291300 Azusa Ave ntr way19971 1Paramountt 0850380039 2 .39 13.90 at E0719 Safety Lights AZLW Paramount Unmetered 0161299300 Azusa Ave 101 %: Nazis 19784 0040091100 39 14.1 1 at First E0306 Ave Safety Lights AZLW 3 Street Unmetered 0161290300 Notes: It is the Cities responsibility to transfer all accounts to the City of Azusa from Caltrans, if it is not already done. Exhibits by WCF 06/2712011 CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER $P-9 DANE: NOVEMBER 7, 2011 CIP PROJECT #601403-11 — CONCRETE/ADA IMPROVEMENTS PROJECT - REQUEST CITY COUNCIL APPROVAL OF THE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB). It isirecommended that the City Council approve the Plans and Specifications and authorize staff to s licit a notice of inviting bids for CIP Project #601403-11 — Concrete ADA Improvements. Thel City of Azusa has concrete improvements throughout town that require repair or modification to new standards for ADA compliance. Examples of repairs are uplifted sidewalks, broken or displaced concrete sidewalks, uplifted or broken curb and gutter, broken or sub- standard driveways and ADA ramp improvements. The concrete repairs and improvements are based on a log kept by the Street Maintenance Division. The project will focus on areas that qualify for the'Community Block Grant Development (CDBG) funds. The areas to be addressed are bounded by 5'h Street to the north, San Gabriel Avenue to the west, Cerritos Avenue to the east and Gladstone to the south. The proposed work will address some but not all of the repairs and improvements necessary within the designated area due to budget constraints. Theengineer's estimate for the concrete work is $218,646.00. Funding is included in the FY 201 -12 budget and provided by Fund 18, CDBG funds. CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER F.M. DELACH, CITY MANAGER;4( DATE: NOVEMBER 7, 2011 APPROVAL OF COST SHARING AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF AZUSA AND THE CITY OF GLENDORA FOR THE EXTENSION OF CITRUS AVENUE AND IMPROVEMENTS RELATED TO THE ROSEDALE DEVELOPMENT. It isl recommended that the City Council approve the agreement between the City of Azusa and Citi of Glendora and authorize the Mayor to execute the agreement. extension of Citrus Avenue from Foothill Boulevard north to Monrovia Place in the dale housing development straddles the boundaries of both cities, Azusa and Glendora. The rity of the right of way is within the City of Glendora. Since the proposed roadway will serve the City of Azusa, the City of Glendora did not want to pay for the responsibility of taining a street that does not serve their citizens. :ore, on May 15, 2006, The City of Azusa entered into a Cost Sharing and Maintenance ment with the City of Glendora to address the maintenance and care of the Citrus Avenue ion. The agreement requires the City of Glendora to maintain the roadway and also ;s the City of Azusa to pay for 100% of the maintenance cost of the street and related es. Additionally, once significant traffic begins using the roadway, as agreed to by both the agreement requires a traffic study to be conducted annually to determine the fair share isibility for the maintenance costs. The traffic study would determine what percentages of are from Glendora or Azusa to determine the fair share percentage of the costs. Prior to the roadway's construction, Azusa staff conducted a review of the approved agreement and determined the parameters stated in the agreement do not match the current conditions. The key factor in revising the agreement is that the previous agreement assumed that Glendora would connect to Citrus Avenue and that street connection would increase traffic from the City of Glendora. The City of Glendora has no plans to access Citrus Avenue with a connecting street nor I does the City of Glendora's General Plan allow for it. Therefore, the Citrus Avenue extension will only serve the City of Azusa and visitors thereof. As such, the City of Glendora apid the City of Azusa staff have worked together to prepare a new agreement to supersede the previous agreement. The proposed agreement will help avoid costly annual traffic studies. It would be difficult for the traffic study to determine where the commuters are from. Furthermore, the agreement shifts the maintenance of the Citrus Avenue extension to.the City of Azusa. The previous agreement gave maintenance responsibility to City of Glendora with the City of Azusa paying the bill. As a part of the agreement, the City of Glendora will grant a no fee encroachment permit annually to the City of Azusa to maintain the City of Glendora's portion of the roadway. Staff considers this new agreement a much simpler and efficient use of the public's funds. FISCAL IMPACT The authorization of the agreement will allow for the City of Azusa to have more control over the costs associated with the maintenance of the Citrus Avenue extension. There is little, if any, fiscal impact associated with approving the agreement. The City of Glendora can not, at this time, connect a Glendora street to the Citrus Avenue extension and it is doubtful if a traffic study could be performed to truly determine destination or residency of a vehicle traveling on the Citrus extension. 7 V AMENDED COST SHARING AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF AZUSA AND THE CITY OF GLENDORA EXTENSION OF CITRUS AVENUE AND RELATED IMPROVEMENTS 1. PARTIES AND DATE. This Amended Cost Sharing and Maintenance Agreement ("Agreement") is made and entered into this 11 'h day of November, 2011 by and between the City of Azusa, a California municipal corporation located at 213 East Foothill Boulevard, Azusa, California 91702, ("Azusa") and the City of Glendora, a California municipal corporation located at 116 East Foothill Boulevard, Glendora, California 91741 ("Glendora"). Azusa and Glendora are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement 2. 1 RECITALS. 2.1 Monrovia Nursery Project. On February 3, 2003, the Azusa City Council certified the EIR for the Monrovia Nursery Specific Plan, for development of the approximate 489 - acre Monrovia Nursery site primarily located in the City of Azusa. The Specific Plan provides for develdpment of up to 1,250 dwelling units, 50,000 square feet of commercial space, parks, open space and a school ("Project"). 2.2 Settlement Agreement. In response to concerns expressed by the City of Glendora, Azusa agreed to incorporate certain modifications and conditions to the Project including the construction of a railroad bridge and grade -separated crossing of the Citrus Ave. extenslion. On or about March 18, 2003, the City of Azusa, Monrovia Nursery Company, and the City of Glendora entered into a Settlement Agreement addressing Glendora's concerns regarding the EIR. 2.3 Citrus Avenue Extension and Improvements. The developer of the Monrovia Nurseiry Project ("Developer") desires to develop the Project in accordance with the approved entitlements and the Settlement Agreement. One of the conditions of approval of the Settlement Agreement requires the Developer to construct certain street improvements, including an extension of an existing street known as "Citrus Avenue" and other street improvements ("Citrus Avenue Extension and Improvements") within the corporate boundaries of the City of Glendora, in a manner acceptable to the Glendora City Engineer. Furthermore, the Project also includes the construction of a grade -separated railroad crossing and bridge structure which has been completed. 2.4 May 15, 2006 Cost Sharing and Maintenance Agreement Between the City of Azusa and the City of Glendora. On May 15, 2006, the Parties entered into a Cost Sharing and Maintenance Agreement Between the City of Azusa and the City of Glendora. This Amended Agreement shall supersede the May 15, 2006 Cost Sharing and Maintenance Agreement Between the City of Azusa and the City of Glendora in its entirety. 2.5 General Purpose of Agreement. Since the Citrus Avenue Extension and Impro ements will (1) require immediate acceptance into the Glendora street system by the City of Glendora; and (2) require immediate maintenance by an agency. The City of Glendora no longer directly benefits from the Citrus Avenue Extension and Improvements. Therefore the Parties have agreed to enter into this Amended Agreement which shall supersede the May 15, 2006 Cost Sharing and Maintenance Agreement Between the City of Azusa and the City of Glendora. The City of Azusa shall perform all maintenance and pay for all maintenance costs for the Citrus Avenue Extension and Improvements upon the terms and conditions set forth in this Agreement. 3. DEFINITIONS. 3.1 "Citrus Avenue Extension and Improvements." "Citrus Avenue Extension and Improvements," as used in this Agreement refers to the portion of Citrus Avenue to be extended from the future Monrovia Place to Foothill Boulevard. 3.2 "Maintenance" or "Maintain." "Maintenance" or "Maintain," as used in this Agreement, means repair, replacement or removal of any of the following items related to the Citrus Avenue Extension and Improvements: sidewalks, retaining walls, sump pumps, pavement, curb & gutter, catch basins, graffiti, parkways, landscaping, lighting, striping, signage, sewer and storm drain. 3.3 "Maintenance Costs" "Maintenance Costs" as used in this Agreement, means the costs associated with the repair, replacement or removal of any of the following items related to the Citrus Avenue Extension and Improvements, including, but not limited to maintenance, repair or replacement of sidewalks, retaining walls, pavement, curb & gutter, catch basins, graffiti, parkways, lighting, landscaping, retaining wall maintenance, striping, signage, sump pumps, sewers and storm drains. 4. TERMS. 4.1 Recitals. The Parties agree that the Recitals stated above are true and correct. The Recitals and Exhibits are hereby incorporated herein and made an operative part of this Agreement, 4.2 Acceptance by Glendora. Glendora shall undertake all actions necessary to secure acceptance of the Citrus Avenue Extension and Improvements and related rights-of-way located within the boundaries of the City of Glendora into the Glendora street system. Glendora's acceptance of the Citrus Avenue Extension and Improvements shall be contingent upon finding that the Citrus Avenue Extension and Improvements were constructed in accordance with Glendora's standard specifications for such streets and improvements, as approved by the Glendora City Engineer in accordance with the Settlement Agreement, Glendora's acceptance shall not be unreasonably withheld. 4.3 Responsibility for Maintenance Costs. The Parties agree that the City of Azusa shall pay one hundred percent (100%) of the Maintenance Costs for the Citrus Avenue Extension and Improvements beginning on the date of acceptance by the City of Glendora of the Citrus Avenue Extension and Improvements into the Glendora Street system. 4.4 Term. The term of this Agreement shall be in perpetuity unless earlier terminated as provided herein, The Parties shall meet all the responsibilities established under this Agreement. 4.5 Responsibilities of Azusa. 4.5.1 Maintenance and Payment. Azusa agrees to Maintain and to pay for one 11-07-11 -Attachment-Citrus Ave Agreement with Glendora.doc hundred percent (100%) of the Maintenance Costs for the Citrus Avenue Extension and Improvements. If Glendora pays for some of the maintenance Costs, Azusa shall reimburse Glendora for said costs within sixty (60) days of Azusa's receipt of an invoice from Glendora. 4.5.2 Standard of Care; Performance of Employees Azusa shall perform all maintenance obligations under this Agreement in a skillful and competent manner, consistent with the standards employed for other streets in the Azusa street system. Azusa represents and warrants that it: shall use employees, contractors and subcontractors that possess the skill in the professional calling necessary to perform the maintenance obligations required under this Agreement. Finally, Azusa agrees and represents that it, its employees, contractors and subcontractors shall be required to have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the maintenance obligations. '4.6 Responsibilities of Glendora. 4.6.1 Encroachment and Excavation Permit. Glendora agrees to grant Azusa an annual no fee encroachment and excavation permit within the Citrus Avenue Extension and Improvements for maintenance of the Citrus Avenue Extension and Improvements using the same maintenance standards as other similar streets in Glendora. 4.7 Azusa's Representative. Azusa hereby designates its City Manager or designee to act as its representative for the performance of this Agreement ("Azusa's Representative"). Azusa's Representative shall have the power to act on behalf of Azusa for all purposes under this Agreement. Glendora shall not accept direction or orders from any person other than Azusa's Representative. 4.8 Glendora's Representative. Glendora hereby designates its City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("Glendora's Representative"). Glendora's Representative shall have full authority to represent and act on behalf of Glendora for all purposes under this Agreement 4.9 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: GLENDORA: City of Glendora 116 East Foothill Blvd. Glendora, CA 91741 Attn: City Manager AZUSA: City of Azusa 213 East Foothill Boulevard, Azusa, CA 91702 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) ;hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice I1-07-11 �- Attachment - Citrus Ave Agreement with Glendora.doc J occurred, regardless of the method of service. 4.10 Cooperation; Further Acts, The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement 4.11 Indemnification. (a) Azusa shall defend, indemnify and hold Glendora, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of the Azusa, its officials, officers, employees, agents, consultants and subcontractors arising out of or in connection with the performance of the this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Azusa shall defend, at Azusa's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Glendora, its directors, officials, officers, employees, agents or volunteers. Azusa shall pay and satisfy any judgment, award or decree that may be rendered against Glendora or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Azusa shall reimburse Glendora and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Azusa shall not be required to indemnify and hold harmless Glendora for liability attributable to the sole fault of Glendora, provided such fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction. In cases where it has been shown that Glendora is shown to have been at fault and where Glendora's fault accounts only for a percentage of the liability involved, the obligation of Glendora will be for that entire portion or percentage of liability not attributable to the fault of the Azusa. (b) Glendora shall defend, indemnify and hold Azusa, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Glendora, its officials, officers, employees, agents, consultants and subcontractors arising out of or in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Glendora shall defend, at Glendora's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Azusa, its directors, officials, officers, employees, agents or volunteers. Glendora shall pay and satisfy any, judgment, award or decree that may be rendered against Azusa or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Glendora shall reimburse Azusa and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, Glendora's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Azusa, its directors, officials officers, employees, agents or volunteers, Glendora shall not be required to indemnify and hold harmless Azusa for liability attributable to the sole fault of the Azusa, provided such fault is determined by agreement between the Parties or the findings of a I1-07-11 - Attachment -Citms Ave Agreement with Glendora.doc S court of competent jurisdiction, In cases where it has been shown that the Azusa is shown to have been at fault and where the Azusa's fault accounts only for a percentage of the liability involved, the obligation of the Azusa will be for that entire portion or percentage of liability not attributable to the fault of the Glendora. 4.12 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs and expenses of such action. 4.13 Entire Agreement. This Agreement contains the entire agreement of the Parties with'respect to the subject matter hereof. This Agreement may only be modified in writing and signed by both Parties. 4.14 Governing Law; Venue This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a court of competent jurisdiction situated in Los Angeles County, California. 4.15 Construction; References; Captions. Since the Parties or their agents have participated fully in preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Part. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writingand signed by both Parties. 4.17 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 4.18 Authority to Enter into Agreement. Each Party represents that they are fully competent and capable to execute, deliver, and perform this Agreement. 4.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. I1 -07-I1 Attachment - Citrus Ave Agreement with Glendora.doc CITY OF AZUSA BY: Joe R. Rocha Mayor Attest: Vera Mendoza City Clerk Approved as to Form: By: Sonia Carvalho City Attorney 11-07-11 - Attachment - Citrus Ave Agreement with Glendora.doc CITY OF GLENDORA go Attest: Douglas F. Tessitor Mayor Kathleen Sessman City Clerk Approved as to Form: IC D. Wayne Leech City Attorney J CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, OCTOBER 17,2011— 9:51 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium, 213 E. Foothill Blvd:, Azusa CA. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES, CARRILLO, HANKS, MACIAS, ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Preseni General Counsel Carvalho, Assistant Executive Director Makshanoff, Department Heads, Secretary Mendoza, Deputy Secretary Toscano. The CONSENT CALENDAR consisting of items F-1 and F-2 was approved by motion of Director Consent Cal. Carrillo, seconded by Director Hanks and unanimously carried. Approved I. Minutes of the regular meeting of October 3, 2011, were approved as written. Min appvd 2. Resolution authorizing payment of warrants by the Agency was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. IJ -R41 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. It was consensus of the Redevelopment Agency Board Members to adjourn. - Adjourn TIME OF ADJOURNMENT: 9:52 P.M. SECRETARY 1 NEXT RESOLUTION NO. 11-R42 i AGENCY CONSENT ITEM TOJ HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREAS RER DATE: November 7, 2011 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURERS STATEMENT OF CASH BALANCES FOR THE MONTH OF SEPTEMBER 2011 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of September 2011 BACKGROUND I Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of September 2011. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 10-R33 dated October 18. 2010. and Government Code Section 53601. Investment activity is summarized in the "Treasury Book Balances -Cash and Investments' schedule, attached herewith and an integral part of this report. Agency cash and investment balances increased by $107,965.82. Cash received totaled $1,007,965.82. and disbursements of $900,000.00 were made. TheiAgency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $7,776,690.21, Wells Fargo Bank, the fiscal agent, held $4,120,192.76 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond - funded projects. The remaining $3,656,497.45 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. MH EG e CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES - CASH AND INVESTMENTS SEPTEMBER 2011 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value* CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No limit Local Agency Investment Fund (LAIF) $20,000,000.00 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: Interest Collections: $0.00 CASH AND INVESTMENTS HELD BY FISCAL AGENT $146,236.26 FDIC up to $100,000.00 >$100,000 collalerized by 110% in govn't.securities 3510261.19 Backed by faith & credit of the State of California $3,656,497.45 Ongoing 0.000% $146,236.26 Ongoing 0.378% 3515795.011 $3,662,031.27 2003 Merced Protect Tax Allocation Bonds 2003A Special Fund AIM Govt Portfolio No limit 0.36 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 0.36 2003A Interest Account -AIM Gov't Portfolio No limit 0.29 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 0.29 2003A Principal Account AIM Govt Portfolio No limit 0.78 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 0.78 2003A Reserve Account Reliance Certificate of Deposit No limit 1085192.59 >$100,000 collaterized by 110% in govn't securities 12/04/14 0.010% 1085192.59 Reliance Trust Co. Cash Equivalent Mmkt No limit 32109.45 N/A Ongoing 0.000% 32109.45 AIM Govt Portfolio No limit 1150.1 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 1150.1 2003 Merged Project Tax Allocation Bonds Subtotal: $ 1,118,453.57 .. $1,118,453.57 Interest Collections:--, $0.29 - - 2005 Merged Protect Tax Allocation Bonds 2005 Special Fund Wells Fargo Advantage Govt Mmkt No limit $ 0.11 N/A Ongoing 0.000% $ 0.11 2005 Interest Account .. Wells Fargo Advantage Gov't Mmkt No limit 0.14 N/A Ongoing 0.000% 0.14 2005 Redevelopment Fund AIM Institutional Prime -Cash Mgmt/MMk No limit 0 N/A Ongoing 0.000% 0 2005 Reserve Account Reliance Certificate of Deposit No limit 869259.17 >$100,000 oollaterized by 110% in govn't securities 12/04/14 0.010% 869259.17 Reliance Trust Co. Cash Equivalent Mmkt No limit - 8230.97 N/A Ongoing 0.000% 8230.97 2005 Merged Project Tax Allocation Bonds Subtotal: $ 877,490.39 $877,490.39 Interest Collections: $0.07 2007A Merged Protect Tax Allocation Bonds 2007A Bond Fund Wells Fargo Advantage 100% Treasury Mmkt No limit $ 0.93 N/A Ongoing 0.000% $ 0.93 2007A Interest Account Wells Fargo Advantage 100% Treasury Mmkt No limit $ 0.36 N/A Ongoing 0.000% $ 0.36 2007A Principal Account Wells Fargo Advantage 100% Treasury Mmkt No limit $ 0.34 N/A Ongoing 0.000% $ 0.34 2007A Merged Project Tax Allocation Bonds Subtotal: $1.63 $1.63 Interest Collections: $0.00 - - 20078 Merged Protect Tax Allocation Refunding Bonds 2007B Bond Fund 0.25 N/A - Wells Fargo Advantage 100% Treasury Mmkt No limit 20078 Interest Account $ Wells Fargo Advantage 100% Treasury Mmkt No limit 20078 Principal Account $ 0.10 Wells Fargo Advantage 100% Treasury Mmkt No limit 20078 Reserve Fund 0.000% Reliance Certificate of Deposit No limit Reliance Trust Co. Cash Equivalent Mmkt No limit 2007B Merged Project Tax Allocation Bonds Subtotal: _ 325042.5 Interest Collections: .. $0.03 2008A Merged Protect Tax Allocation Bonds 0.000% 2008A Bond Fund $ Wells Fargo Advantage 100% Treasury Mmkt No limit 2008A Interest Account $ 328,120.74 Wells Fargo Advantage 100% Treasury Mmkt No limit 2008A Reserve Fund 0.000% Reliance Trust Co. Savings and Can. of Deposit No limit Reliance Trust Co. Cash Equivalent Mmkt No limit 2008A Redevelopment Fund $ 0.20 Wells Fargo Advantage 100% Treasury Mmkt No limit 2008A Merged Project Tax Allocation Bonds Subtotal: 2.650% Interest Collections: $0.07 20088 Merged Project Tax Allocation Housina Bonds Ongoing 2008B Bond Fund 8667.29 $ 0.25 N/A - Ongoing 0.000% $ 0.25 $ 0.10 N/A Ongoing 0.000% $ 0.10 $ 0.07 N/A Ongoing 0.000% $ 0.07 325042.5 >$100,000 collaterized by 110% in govn't securities 12/04/14 0.010% _ 325042.5 3077.82 N/A Ongoing 0.000% 3077.82 $ 328,120.74 $ 328,120.74 $ 0.42 N/A Ongoing 0.000% $ 0.42 $ 0.20 N/A Ongoing 0.000% $ 0.20 $ 655,240.76 >$100,000 collatedzed by 110°/ in govn't securities 12/19/13 2.650% 655240.76 $ 8,667.29 N/A Ongoing 0.000% 8667.29 $ 0.07 N/A Ongoing 0.000% $ 0.07 $663,908.74 $663,908.74 Wells Fargo Advantage Government Mmkt No limit $ 0.74 N/A Ongoing 0.000% $ 0.74 20088 Interest Account Wells Fargo Advantage Government Mmkt No limit $ 0.31 N/A Ongoing 0.000% $ 0.31 2008B Reserve Fund Reliance Trust Co. Savingsand Cert. of Deposit No limit $ 1,043,482.50 >$100,000 collaterized by 110% in govn't securities 11/21/13 4.000% 1043482.5 Reliance Trust Co. Cash Equivalent Mmkt No limit $ 88,734.04. N/A Ongoing 0.000% 88734.04 2008B Low & Moderate Income Housing Fund Reliance Trust Co. Cash Equivalent Mmkt No limit 0 >$100,000 collaterized by 110% in govn't securities Ongoing 0.000% 0 Wells Fargo Advantage Government Mmkt No limit $ 0.10 N/A Ongoing 0.000% 0.1 20088 Merged Project Tax Allocation Bonds Subtotal: $ 1,132,217.69 $ 1,132,217.69 Interest Collections: $0.77 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $ 4,120,192.76 Total - Azusa Redevelopment Agency Cash and Investments: $ 7,776,690.21 Total Interest Collections: $1.23 Source of Market Value Information: Wells Fargo Corporate Trust, Trustee Local Agency Investment Fund (LAIF) Wells Fargo Institutional Securities u Tax Allocation Bond Data is based on Trustee -generated Statements; bond funds listed herein are restricted for payment of debt service and eligible projects and governed by strict regulations described in the Trust Indentures. 'Market Value is the current price at which a security can be traded or sold. $ 4,120,192.76 $ 7,782,224.03 CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES SEPTEMBER 2011 Beginning Cash Balance (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) Disbursements Ending Cash Balance (All Restricted and Unrestricted Accounts & Investments) $7,668,724.39 1, 007, 965.82 (900,000.00) $7,776,690.21 Marcene Hamilton, Agency Treasurer AZUSA REDEVELOPMENT AGENCY TREASURER -HELD ACCOUNTS SEPTEMBER 2011 BAL @ 9/1/11 RECEIPTS: DEPOSITS INTEREST IN TRANSIT TREASURER'S ADJUSTMENTS TOTAL RECEIPTS DISBURSEMENTS: CASH DISBURSEMENTS REIMBURSE CITY OTHER DISBURSEMENTS TOTAL DISBURSEMENTS WELLS FARGO GOVT CHKG SECURITIES. LAIF TOTAL 938,271.67 2,610,261.19 3,548,532.86 107,964.59 107,964.59 0.00 0.00 0.00 107,964.59 0.00 0.00 107,964.59 It 0.00 0.00 0.00 0.00 OPER INCREASE/(DECREASE) 107,964.59 0.00 0.00 107,964.59 TRANSFERS: CHECKING TRANSFERS SAVINGS TRANSFERS LAIF TRANSFERS B of A C.D. CHECKING TRANSFERS CHECKING TRANSFERS TOTALTRANSFERS BAL @ 9130/11 (900,000.00) (900,000.00) 0.00 900,000.00 900,000.00 0.00 0.00 0.00 (900,000.00) 0.00 900,000.00 0.00 146,236.26 0.00 3,510,261.19 3,656,497.45 3,656,497.45 7 WARRANT REGISTER NO. 23 WARRANTS DATED 9/16/11 THROUGH 9/30/11 FOR REDEVELOPMENT AGENCY MEETING OF 11/07/11 FISCAL �-12 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 I THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES. RESOLVE AS FOLLOWS: SECTION]. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80 -110 -REDEVELOPMENT ADMINISTRATION FUND 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 MRG TAB08B HS 82 -125 -CBD DEBT SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -165 -MERGED PROJECT TAX ALLOCATION BONDS 82 -185 -RANCH CENTER DEBT SERVICE FUND $ 24.832.58 4,231.44 17,194.79 201.529.58 8.077.75 TOTAL ALL FUNDS: $ 255.866.14 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 2011. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City; of Azusa at a regular meeting thereof, held on the day of 2011. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary r City of Azusa HP 9000 , WV O1, 2011, 11:44 AM ---req: 11/01/11 O P E N H O L D RUBY -------leg: Q,JI, --- loc: D B LISTING By PersaVEhtity Nacre BI-TRN--- jcb: 851493 #J2795 --- p9m: CH400 <1.34> rpt Page 1 id: CHFLTR02 SELECT FUND Oxbs: 80-82 ; Check Issue Dates: 091611-093011 Paid: Tbtal: 22,092.04 22,092.04 659156 PE ID PE Nacre A JM\Tf NUEER / JIB NUMBER Invoice NuTber D-=pticri St Disc. Pmt. Dist. Airt. V05613 A T & T 8010110000-6915 6263345464082411 626-3345464 PD 0.00 5.47 MIDd: 0.00 Paid: PEIDUipaid: 0.00 Total: 11,334.03 2315/1101019 PY#19/11 PD 0.00 Paid: 5.47 PESlt, d: 0.00 d: Total: 5.47 V01305 AZMA CITY EIPLO 8000000000-3035 091711 PR19/11 PD 0.00 350.00 FEIIJd: 0.00 PEID d: 0.00 091211 PRO PREM SEM01 FD 0.00 353.24 d: 350.00 Total: 350.00 iii 1 to .. i M V06783 V02687 V11556 'V/i�� IY• 1 iii i �� i9• • 1 iii BEST BEST & ERIE 8010125000-6301/505800-6301 BEST BEST & ERIE 8010125000-6301/650201-6301 BEST PEST & KRIE 8010110000-6301 BEST BEST & K= 8010125000-6301/505900-6301 BEST BEST & KRSE 8010110000-6301 CMYYr.Y1; Y'91 aiiiillii i i [el .41:Y••uI'll . IY71Hy.\YY�rv: • aiiiiiiii i 092711 092711 10/11R%JCi CIR P FE) 0.00 10/11CBD AM M*5 FE) 0.00 4, 897.25 17,194.79 PEIDLhvaaid: 0.00 Paid: Tbtal: 22,092.04 22,092.04 659156 DSD E!LS.DIST. FD 0.00 735.00 659156 MFIID BUS.DIST. PD 0.00 609.00 659156 MEGR:) BLS.DIST. FD 0.00 5,456.64 659156 659157 M R U) $.DIST. FD 0.00 FU&M ACQ.;#659 FD 0.00 2,625.00 1,908.39 MIDd: 0.00 Paid: 11,334.03 Total: 11,334.03 2315/1101019 PY#19/11 PD 0.00 306.90 PESlt, d: 0.00 d: 306.90 Total: 306.90 092711 10/11RM ll CIR P PD 0.00 3,180.50 FEIIJd: 0.00 Paid: Total: 3,180.50 3,180.50 091211 PRO PREM SEM01 FD 0.00 353.24 M lop y City of Azusa HP 9000 11/01/11 O P E N H O L D D B LISTING By Pzzscrl/Ehtity Narre Paqe 2 N3J 01, 2011, 11:44 AM ---req: RL]BY------- leg: G JI, --- loc: BI-= --- jcb: 851493 #J2795 --- pgn: CFAOO <1.34> rpt id: CH 02 S= FUD C33:-80-82 80-82 aEde Issue Dates: 091611-093011 PE ID PE Imre AXaM NWOB / JOB NCNDER Invoiae NuTber Descripticn St Disc. Arrt. Dist. Dirt. V11555 DELTACARE LrA 8000000000-3052 V10322 M & T BANK 8000000000-3010 1IPi GYAX�6 r mm re me) a Mge ufm ff.-I$) to) f BI�I�I�S:i�Iel V12282 MISS AZUSA 8010110000-6630 V12282 MISS AZLISA 8010110000-6630 V06572 V92617 PRICE FAMILY 8210135000-7001/503301-7001 V12065 LEIM RzW OF CA 8000000000-2727 1-4 A PEID aimpald: 0.00 d: 353.24 Total: 353.24 4271064 HvD PREM SEPP201 PD 0.00 31.70 PEID UljmDaid: 0.00 d: 31.70 • Total: 31.70 092211 ICMA 457 EEFFRRR PD 0.00 539.02 r PEIDd: 0.00 VFaid: 539.02 Total.: 539.02 091311 TRAVEL EXP/ICS PD 0.00 356.44 PEID Ind: 0.00 Paid: 356.44 Total: 356.44 081711 SM IARSFIIP MISS PD 0.00 5,000.00 081711 SQiDLARSEIIP MISS PD 0.00 10,000.00 FEID d: 0.00 d: 15,000.00 Total: 15,000.00 3260728 FENCE716-728N Ila, PD 0.00 262.44 PEID Lhd: 0.00 Paid: 262.44 Total: 262.44 092211 PRICE CUB NJIE PD 0.00 201,529.58 PEID Cyd: 0.00 Paid: Total: 201,529.58 201,529.58 092211 PARS -EXCESS PD 0.00 524.78 1-4 A atv of Azusa HP 9000 11/01/11 O P E N H O L D D B LISTING By Perscri/Entity Narre Page 3 MV 01, 2011, 11:44 AM ---req: RUBY -------leg: GL JL --- loc: BI -TAH --- jcb: 851493 W2795 --- p9m: CH400 <1.34> rpt id: OFTE 02 SELEivT FUND . Cb es: 80-82 ; Check Issue Rates: 091611-093011 GRAND TOTAL St Disc. Arrt. Dist. Ant. PEIDd: 0.00 Paid: 524.78 Total: 524.78 mrd: 0.00 Paid: 255,866.14 'Ibtal: 255,866.14 U Ile CITY OF AZUSA MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY TUESDAY, SEPTEMBER 6, 2011 —10:02 P.M. The Board Members of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard, Azusa. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: BOARDMEMBERS: NONE ALSO PRESENT: Also Presen General Counsel Hull, Executive Director Delach, Assistant Executive Director Makshanoft; Department Heads, Senior Office Specialist Bautista, Deputy Secretary Toscana. The CONSENT CALENDAR consisting of item G-1 and G-2 was approved by motion of Board Member Consent Cal Carrillo, seconded by Board Member Hanks and unanimously carried. Approved 1. Minutes of the regular meeting June 6, 2011, were approved as written. Min appvd 2. The Azusa Public Financing Authority Treasurer's Report as of June 30, 2011 was received and tiled. Treas Rpt It was consensus of the Board Members to adjourn. Adjourn TIME ADJOURNMENT: 10:03 P.M. SECRETARY NEXT RESOLUTION NO. 11-P2. AZUSA PUBLIC FINANCING AUTHORITY CONSENTITEM TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: MARCENEHAMILTON. AZUSA PUBLIC FINANCINGAUT ORITYTREA�(� DATE: November 7. 2011 SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH BALANCES FOR THE QUARTER ENDED SEPTEMBER 30, 201 1 RECOMMENDATION It is recommended that the Board Members receive and file the Azusa Public Financing Authority Treasurer's Statement of Cash Balances for the quarter ended September 30, 2011. BACKGROUND Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for quarter ending September 30, 2011. Authority investments are made in accordance with the Authority Investment Policy adopted and approved with Resolution No. 10-P2 dated October 18. 2010, and Government Code Section 53600 et. seq. The1Azusa Public Financing Authority is the issuerof three bond issues -the 1994 Sewer System Project Refinancing Certificates of Participation, the 2003 Capital Improvement Project Refinancing Certificates of Participation, and the 2006 Water System CIP Parity Revenue Bonds. The funds for these issues are restricted for payment of eligible capital improvement expenses and debt service on the bonds, and are held' and invested by fiscal agents who are trustees for the bonds. For quarter ending September30,2011, fiscal agents held total investments of$5,507.226.47. Totalcash received for the quarter was $504,731.91, and disbursements of $1,475,141.70. were made, resulting in a total overall net decrease of $970,409.79.' D i sbursements were primarily for Water System Project costs, and i cash receipts were primarily interest incomeand debt service payment funds from the City 1 FISCAL IMPACT f i The balance of cash and investments and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements for at least the next six months. MH FG CITY OF AZUSA - V AZUSA PUBLIC FINANCING AUTHORITY - - TREASURY BOOK BALANCES - CASH AND INVESTMENTS QUARTER ENDING SEPTEMBER 30, 2011 Maximum - Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value` CASH AND INVESTMENTS HELD BY FISCAL AGENT Wells Fargo Bank, Trustee 1994 Sewer Refunding Certificates of Participation e Installment Payment Fund Wells Fargo Treasury Plus MMkt No Limit $ 8,593.59 WA Ongoing 0.010% $ 8,593.59 Reserve Fund _ Berkshire Hathaway Inv Agnt N/A $ 284,526.66 Guaranteed Investment Agreement 6/1/2023 6.040% $ 284,526.66 1994 Sewer Refunding COP's Subtotal: $ 293,120.25 $ 293,120.25 Interest Collections: $ 8.593A6 - 2003 CIP Refunding Certificates of Participation Lease Payment Fund AIM Gov't Portfolio No Limit $ 17.27 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% $ 17.27 Reserve Fund AIM Gov't Portfolio No Limit $482,500.00 Investments in direct obligations of the U.S. Treasury Ongoing 0.020% 482500 2003 CIP Refunding CDP's Subtotal: 5482,517.27 $ 482,517.27 Interest Collections: $ 25.24 2006 Water System CIP Parity Revenue Bonds Revenue Fund Wells Fargo 100% Treasury MMM No Limit $744,452.99 NIA Ongoing 0.010% $ 744,452.99 Interest Account Wells Fargo 100% Treasury MMkt No Limit $0.37 NIA - Ongoing 0.000% $ 0.37 Principal Account Wells Fargo 100% Treasury MMM No Limit $0.08 NIA Ongoing 0.000% $ 0.08 Reserve Fund Wells Fargo 100% Treasury MMkt No Limit $3,649,937.00 NIA Ongoing 0.010% $ 3,649,937.00 Federal Home Loan Mtg. Corp. No Limit $0.00 Investments in direct obligations of the U.S. Treasury 6/26/2010 0.000% $ - Water System Acquisition Fund - Wells Fargo 100%Treasury MMkt No Limit $337,198.51 NIA Ongoing 0.010% $ 337,198.51 2006 Water System CIP Revenue Bond Subtotal: $4,731,588.95 - $ 4,731.588.95 Interest Collections $ 112.13 Total - Azusa Public Financing Authority Cash and Investments: $5,507,226.47 $5,507,226.47 Total Interest Collections: $ 8,731.03 Source of Market Value Information: Wells Fargo Bank, Trustee - Bond Data is based on Trustee-generated Statements; bond funds listed herein are restricted for payment of debt service and eligible projects and governed by strict regulations described in the Trust Indentures. 'Market Value is the current price at which a security can be traded or sold. I - I CITY OF AZUSA AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH AND INVESTMENT COST BALANCES QUARTER ENDING SEPTEMBER 30, 2011 I I Beginning Cash Balance Receipts (All Sources) Disbursements Ending Cash Balance (All Restricted and Unrestricted Accounts & Investments) $ 6,477,636.26 $ 504,731.91 $ (1,475,141.70) $ 5,507,226.47 Marcene Hamilton, Agency Treasurer