HomeMy WebLinkAboutAgenda Packet - July 02, 2012 - CCAZUSA AUDITORIUM
213 EAST FOOTHILL 1
KEITH HANKS
COUNCILMEMBER
URIEL E. MACIAS
COUNCILMEMBER
6:30 P.M.
CLOSED SESSION
AGENDA
MEETING OF THE CITY COUNCIL
MONDAY, JULY 2, 2012
'ARD 6:30 P.M. Closed Session
7:30 P.M. Regular Meeting
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
ANGEL CARRILLO
MAYOR PRO -TEM
ROBERT GONZALES
COUNCILMEMBER
Prior to going into closed session he City Council will convene in the Auditorium serving as Council Chambers
to take public comment on the c+ed session items only. General public comment will be provided for during
the regular portion of the meeting lbeginning at 7.30 P.M
1. Gov. Code Sec. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR
City Negotiators: City Manager Makshanoff
Organizations: ACEA Azusa City Employees Association), AMMA (Azusa Middle Management
Associa ion), SEIU (Service Employees International Union), APMA (Azusa Police
Management Association), CAPP (Civilian Association of Police Personnel), APOA
(Azusa 3olice Officers Association) and IBEW (International Brotherhood of
Electric l Workers.
2.
LITIGATION. I Potential
07/02/12 1 -
NOTICE TO THE PUBLIC FOR REGULAR MEETING
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 fall out a card requesting to speak and shall submit it to the City Clerk prior to
the start of the City Council meeting. Cards submitted after 7:30P.M will not be accepted.
7:310 P.M. - REGULAR MEETING OF THE CITY COUNCIL
I
1. Call to Order
2. Pledge to the Flag -
3. Invocation - Pastor Eddie Velasquez of Azusa Ministerial Association
A. PUBLIC PARTICIPATION
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 on this agenda
as an item other than a public hearing item. Members of the audience will have the opportunity to address the
city council about public hearing items at the time the public hearing is held. Under the provisions of the
Brown Act, the council is prohibited from taking action on oral requests, but may refer the matter to staff or to
a subsequent meeting. 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.
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending September 30,
2012 for the following Boards and Commissions of the City of Azusa:
2 Positions
Architectural Barriers Commission
1 Positions
Cultural & Historic Preservation Commission
2 positions
Human Relations Commission
1 positions
Library Commission
1 position
Personnel Board
1 position
Planning Commission
Applications are available in the City Clerk's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton
Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda, Azusa, and at:
www.ci.azusa.ca.us, for interested residents. Applications will be accepted through Thursday, August 30, 2012.
For further information, please call: (626) 812-5233.
2. Request to designate voting delegate and alternate to the Independent Cities Association.
07/02/12 - 2 -
M
2
1
2
K
C;
SCHEDULED ITEMS
Open the Public Hearing; ceive testimony, close the Public Hearing. Waive further reading and adopt
the Resolution No. 12-C46,1 adopting the 2012 Local Development Report and self -certification.
Authorize staff to finalized execute the Agreement Regarding Chamber of Commerce Funding and
Support between the City f Azusa and the Azusa Chamber of Commerce for Fiscal Year 2012/13.
The Consent Calendar a+pting the printed recommended actions will be enacted with one vote. If
Councilmembers or Staff ish to address any item on the Consent Calendar individually, it will be
considered under SPECL4 CALL ITEMS.
Approve Minutes as
Approve Personnel Acti
applicable Memorandum
Receive and file the report
PARTNERS. INC.
Requests in accordance with the City of Azusa Civil Service Rules and
Understanding(s).
Approve an amendment to�he existing B/R Partners agreement, extending its term to June 30, 2013, and
authorize the Mayor to sig the amended agreement.
07/02/12
3-
5. ADOPTION OF A RESOLUTION AUTHORIZING THE COVERAGE OF ALL OFFICERS
AND EMPLOYEES UNDER ONE MASTER FAITHFUL PERFORMANCE BOND
RECOMMENDED ACTION:
Adopt Resolution No 12-C47 authorizing the coverage of all Officers and employees under one Master
Faithful Performance Bond.
REQUEST FROM ARROYO STRATEGY GROUP TO SUBMIT A GRANT APPLICATION
ON BEHALF OF THE CITY OF AZUSA FOR DISASTER RECOVERY INITIATIVE (DRI)
FUNDS FROM THE STATE TO UPDATE THE CITY'S"GENERAL PLAN SAFETY
ELEMENT.
RECOMMENDED ACTION:
Provide direction to staff as to whether or not Arroyo Strategy Group should submit a DRI grant
application on the City's behalf.
7. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 12-C48
E. SUCCESSOR AGENCY RELATED BUSINESS
1. AGENCY TREASURER'S REPORT.
RECOMMENDED ACTION;
Receive and file the report.
2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE
FORMER REDEVELOPMENT AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 12-R25.
F. ORDINANCE/SPECIAL RESOLUTIONS
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
REPEALING AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN
PUBLIC RIGHT-OF-WAY AND AMENDING SECTION 62-304 REGARDING THE
PENALTIES FOR VIOLATIONS OF SECTIONS 62-302 AND 62-303 OF THE AZUSA
MUNICIPAL CODE
RECOMMENDED ACTION:
Waive further reading and adopt proposed Ordinance No. 12-04.
07/02/12 - 4 -
G. ADJOURNMENT
1. Adjourn in memory of Tin�oteo Hernandez and Oscar Aguirre.
UPCOMING MEETINGS:
July 16, 2012, City Council Meeti ag — 6:30 p.m. Azusa Auditorium
July 23, 2012, Utility Board Meeting — 6:30 p.m. Light and Water Conference Room
September 4, 2012, (Tuesday) City Council Meeting — 6:30 p.m. Azusa Auditorium
September 17, 2012, City Council Meeting — 6:30 p.m. Azusa Auditorium
September 24, 2012, Utility Board Meeting — 6:30 p.m. Light and Water Conference Room
C
In compliance with Governmen Code Section 54957.5, agenda materials are available for inspection by
members of the public at the folfowing locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard,
Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa,
California.
In compliance with the Americm
meeting, please contact the City
meeting when special services m
made to provide access to the me
with Disabilities Act, if you need special assistance to participate in a city
Yerk at 626-812-5229. Notification three (3) working days prior to the
needed will assist staff in assuring that reasonable arrangements can be
07/02/12 1 -5-
4W
AGENDA ITEM
TO: HONORABL� MAYOR AND CITY COUNCIL
FROM: KURT CHRI TIANSEI�", AICP
ECONOMIC kND COMMUNITY DEVELOPMENT DIRECTOR
VIA: JAMES MAK SHANOFITY MANAGER
DATE: JULY 2, 201
SUBJECT: ANNUAL (2C 12) METROPOLITAN TRANSPORTATION AUTHORITY (MTA)
CONGESTIO IJ MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT
REPORT
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing; receive testimony, close the
Public Hearing, waive furd er reading and adopt the attached Resolution, adopting the 2012 City
of Azusa Local Devefopme it Report and self -certification.
BACKGROUND:
The Congestion Management Program (CMP) was mandated as a result of a voter -approved
initiative (Proposition I 111 in 1990 and requires all cities and counties to adopt measures
designed to reduce traffic congestion in their region. The state legislature required the
Metropolitan transportation Authority (MTA) to annually monitor local jurisdictions and
determine that they are in compliance with the CMP. A self -certification process was established
by the MTA to simplify the process for both the local jurisdictions and the MTA.
In June of 1994, the City's Planning Division began tracking development projects pursuant to
the CMP Deficiency Plan process, The MTA had implemented a system of debits and credits that
assign point values to development projects (debits) and congestion relief/transportation
improvement measures (cr dits). The purpose of this system was to make local governments
aware of, and responsible: r, the traffic congestion and air quality consequences of their land
use decisions., Local goverrments were required to balance their debit and credit points on an
annual basis. Failure to comply with the CMP requirements could result in the loss of the City's
Section 2105 Highway User tax money — approximately $252,452 in 2012.
Since the inception of the ClvfP, the City has been able to maintain a positive credit balance. The
balance was arrived at by s btracting the debit points for new construction from credit points.
S
CMP LDR 2012
July 2, 2012
Page 2 of 2
The credit points included the sum of the current year credit claims and adjustments (demolition)
and any credit carryover from previous years. In the past, credit points were received when a city
implemented a transportation improvement or mitigation project from the CMP "Toolbox of
Strategies" such as the construction of the San Gabriel Canyon Road median improvements, the
City website and the City's transit fare subsidy program.
In August 2003, the MTA Board adopted the 2003 Short Range Transportation Plan. °As one of
the elements of this plan, the Board directed MTA staff to conduct a Nexus Study to determine
the feasibility of implementing a countywide impact fee to meet the CMP Deficiency Plan.
While this study is underway, the CMP Countywide Deficiency Plan requirement for
maintaining a positive credit balance is suspended. As a result, the cities do not have to report
their transportation improvement strategies for the 2012 cycle (credits). However, cities must
still continue to report their new net development activity (debits) just as in prior years.
Although cities are required to report any net development activity, neither the debits accrued
from the development activity nor any credits earned will be allocated to the cities. All
debit/credit balances for the cities are temporarily frozen at the 2003 levels.
Attached is a copy of the City's 2012 Local Development Report and Deficiency Plan Summary
for the reporting period of June 1, 2011 to May 31, 2012. This report documents the number of
residential dwelling units constructed (207 new Rosedale Development single family homes and
townhomes), and the square footage of commercial/industrial construction which occurred in the
City (which includes the new "The Outlet by E.L.S." retail building and some portions of the
Waste Management MRF).
With the approval of the attached report and the accompanying Resolution, the City will be in
compliance with the Congestion Management Program requirements of the MTA.
FISCAL IMPACT:
Compliance with the Congestion Management Program requirements of the MTA will insure
that the City will continue receiving its gas tax money without penalties.
ATTACHMENTS:
Resolution
2012 CMP Local Development Report and Deficiency Plan Summary
3
1 11
City of Azusa
2012 CMP Local De felopment Report
Reporting Period: UNE 1, 2011 - MAY 31, 2012
Contact: Susar Cole
Phone Number: 626-8 2-5226
Date Prepared: June 11, 2012
iESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
IMPORTANT: �II "#value!" cells on this page are automatically calculated.
Please do not enter data in these cells.
RESIDENTIAL DE
LOPMENT ACTIVITY
Single Family Residential
Lodging
Multi -Family Residential
Group Quarters
Industrial
COMMERCIAL DE
ELOPMENT ACTIVITY
Commercial (less th
n 300,000 sq.ft.)
Commercial (300,OOP
sq.ft. or more)
Freestanding Eating
I& Drinking
Dwellin Units
132.00
75.00
0.00
1,000 Net Sq.Ft Z
32.12 "
0.00
0.00
NON -RETAIL DEVELOPMENT
ACTIVITY
1,000 Net Sq.Ft.2
Lodging
0.00
Industrial
171.13
Office (less than 50.000
sq.ft.)
0.00
Office (50,000-299.9)9
sq.ft.)
0.00
Office (300,000 sqft
or more)
0.00
Medical
0.00
Government
0.00
Institutional/Educatio
al
0.00
University (# of stud
nts)
0.00
OTHER DEVELOPIV ENT ACTIVITY Dail Trips
ENTER IFAPPLICA LE 0.00
ENTER IF APPLICAI ILE D.00
EXEMPTED DEVEL PMENT TOTALS
Exempted Dwelling Units 0
Exempted Non-residential sq. ft. (in 1,000s) 0
2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3.
Page 1
City of Azusa Date Prepared:
2012 CMP Local Development Report
Reporting Period: JUNE 1, 2011 - MAY 31, 2012
June 11, 2012
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PART 1: NEW DEVELOPMENT ACTIVITY
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Single Family Residential
132.00
Multi -Family Residential
75.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial less than 300,000 s .ft.
40.02
Commercial (300,000 s .ft. or more)
0.00
Freestanding Eating & Drinking
0.00
NON -RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
7.87
Office less than 50,000 s .ft.
0.00
Office 50,000-299,999 s .ft.
0.00
Office 300,000 s .ft. or more
0.00
Medical
0.00
Government
0.00
Institutional/Educational
0.00
University # of students
0.00
OTHER DEVELOPMENT ACTIVITY
Description
Attach additional sheets if necessary)
Daily Trips
Enter "0" if none
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 2
City of Azusa
2012 CMP Local Development
Date Prepared: June 1.1, 2012
Report
Reporting Period: JUNE
1, 2011 - MAY 31, 2012
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PART 2: NEW DEVELOPMENT
•_ ADJUSTMENTS
IMPORTANT: Adjustment
may be claimed only for 1) development permits that were both
issued and revoked, expirE d or withdrawn during the reporting period, and 2) demolition
of any
structure with the re ortin
eriod.
RESIDENTIAL DEVELOPME
T ADJUSTMENTS
Category
Dwelling
Single FamilyUnits Residential
Multi-FamilyResidential
O.DO
GroupQuarters
0.00
COMMERCIAL DEVELOPM
NT ACTIVITY
0.00
Category
1,000 Gross
Commercial (less than 300,00)
s
Square Feet
.ft.
Commercial (300,000 sq. or more
7.90
.
Frees tandin Eatin & Drinkin
0.00
NON -RETAIL DEVELOPME
ACTIVITY
0.00
Category
1,000 Gross
Lodging
Square Feet
Industrial
0.00179.00
Office (less than 50,000 s
.ft.)
Office 50,000-299,999 s .ft.)
0.00
Office 300,000 s .ft. or more)0.00
0.00
Medical
Government
0.00
Institutional/Educational
0.00
University# of students
0.00
OTHER DEVELOPMENT AC
IVITY
0.00
Description
Daily Trips
Attach additional sheets ifnecessary)
0
ENTER IF APPLICABLE
ENTER IF APPLICABLE
0.00
0.00
Page 3
City of Azusa
Date Prepared: June 11, 2012
2012 CMP Local Development Report
Reporting Period: JUNE 1, 2011 - MAY 31, 2012
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
•A' D DEVELOPMENT
(NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
Low/Very Low Income Housing
0
Dwelling Units -
High Density Residential
0
Dwelling Units
Near Rail Stations
Mixed Use Developments
0
1,000 Gross Square Feet
Near Rail Stations
1 01
Dwelling Units
Development Agreements Entered
0
1,000 Gross Square Feet
into Prior to July 10, 1989
Dwelling Units
Reconstruction of Buildings
01,000
Gross Square Feet
Damaged due to "calamity"
1 01
Dwelling Units
Reconstruction of Buildings
01,000
Gross Square Feet
Damaged in Jan. 1994 Earthquake
0
Dwelling Units
Total Dwelling Units
0
Total Non-residential sq. ft. (in 1,OOOs)
1 0
Page 4
Exempted Development Definitions:
1. LowNery Low Income Housing: As defined by the California Department of Housing and Community
Development as follows:
- Low -Income: equal to or less than 80% of the County median income, with adjustments for family size.
- Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size.
2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger
station and that is equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre
is automatically considered high density.
3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger
station, if more than half of the land area, or floor area, of the mixed use development is used for high
density residential housing. .
4: Development Agreements: Projects that entered into a development agreement (as specified under Section
65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989.
5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed,
to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and
where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally
precluded projects do not have to be reported in the LDR.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE 2012 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation
Authority ("LACMTA"), a ting as the Congestion Management Agency for Los Angeles County,
to annually determine that ffie County and cities within the County are conforming to all CMP
requirements; and
WHEREAS, LACMTA requires submittal of the CMP Local Development Report as close to
September 1 of each year as possible; and
WHEREAS, the City Ci iuncH. held a noticed public hearing on July 2, 2012.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City has taken all of the following actions, and that the City is in
conformance with all applic ble requirements of the 2004 CMP adopted by the LACMTA Board
on July 22, 2004.
By June 15, of odd -n mbered years, the City will conduct annual traffic counts and
calculated levels of service I for selected arterial intersections, consistent with the requirements
identified in the CMP High ay and Roadway System chapter.
The City has locally ladopted and continues to implement a transportation demand
management ordinance ( zusa City Ordinance #93-09), consistent with the minimum
requirements identified in th CMP Transportation Demand Management chapter.
The City has locally
consistent with the minin
chapter.
The City has .adopted a
consistent with the requirerr
impacts due to growth v
responsibilities under the (
adopted 2003 Short Range 1
ted and continues to implement a land use analysis program,
requirements identified in the CMP Land Use Analysis Program
I Development Report, attached hereto and made a part hereof,
identified in the 2004 CMP. This report lists traffic congestion
the City and demonstrates that the City is meeting its
ywide Deficiency Plan consistent with the LACMTA Board
)ortation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall
forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation
Authority.
ADOPTED this 2nd day of July, 2012.
JOSEPH R. ROCHA, 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 2nd day of July, 2012, by the following
vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Candace Toscano, Deputy City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Notice is hereby given tt
their regularly scheduled
Congestion Mans
A public hearing to
With the Los Angele
Local Development
Said PUBLIC HEARI:
soon thereafter as the in
Any persons wishing to
and be heard.
If you challenge the propos
you or someone else raised
correspondence delivered t
/s/ Vera Mendoza
Azusa City Clerk
213 E. Foothill Blvd.
Azusa, CA 91702
NOTICE OF PUBLIC HEARING
the City Council of the City of Azusa will hold a Public Hearing at
eeting of July 2, 2012, for the following agenda item:
ement Program (CMP) Local Development Report
insider the adoption of a resolution finding the City to be in conformance
County Congestion Management Program and adopting the 2012 CMP
will be held at the hour of 7:30 p.m. on Monday, July 2, 2012, or as
r may be heard, in the Civic Auditorium at 213 East Foothill Blvd.
ify may file a written statement prior to that time and/or may appear
d actions in Court, you may be limited to raising only those issues
I the public hearing described in this notice, or in written
the City Council at, or prior to, the public hearing.
Published in the Azusa Her�ld: June 21, 2012
TO:
HONORAB
FROM:
KURT CHR
DIRECTOR
VIA:
JAMES MA
DATE:
JULY 2, 201
SUBJECT:
APPROVE'
THE AZUSY
RECOMMENDATION
C 6V:X
CITY COUNCIL AGENDA
MAYOR AND MEMBERS OF THE COUNCIL
, ECONOMIC AND COMMUNITY DEVELOPMENT
CITY MANAGER
IE ATTACHED CONTRACT FOR FISCAL YEAR 2012/13 WITH
CHAMBER OF COMMERCE
It is recommended that th City Council authorize staff to finalize and execute the Agreement
Regarding Chamber of mmerce Funding and Support between the City of Azusa and the
Azusa Chamber of Comm rce for Fiscal Year 2012/13.
BACKGROUND
The Azusa Chamber of C
activities in the City and
which contribute substanl
as a catalyst in the trans
more prosperous Azusa."
play a key role in support:
On September 6, 2011 t
Agreement with the Cham
This amount was to be sp
Water (59%). At that meeti
City's assistance would b
sufficiency plan calls for a
merce (Chamber) has been an active principal advocate for business
historically been recognized as the representative of the businesses,
y to the City's revenue base. The Chamber's mission is to "...serve
nation of business and economic climate, resulting in a healthier,
,er the years, the City and the Chamber have partnered together to
economic development and business retention efforts.
City Council and Redevelopment Agency Board approved an
r to provide $75,411 in financial assistance for fiscal year 2010/11.
between the Redevelopment Agency (41%) and Azusa Light and
;, the City Council also developed a self-sufficient plan whereby the
steadily decreased over a 17 -year period. For 2012/13, the self -
o reduction in Chamber support.
1
On June 28, 2011, as part of the 2011/2012 State of California budget bill, companion bills
Assembly Bill IX 26 ("AB 1X 26") and Assembly Bill 1X 27 ("AB 1X 27") were enacted,
which dissolved the Agency, effective February 1, 2012. This source of funding is no longer
available and the City is unable to provide the gap at this time.
ANALYSIS
As per the attached Agreement, the Azusa Chamber of Commerce agrees to the following
provisions:
• Employ competent, professional personnel to carry on the promotional and advocacy
activities of the City.
• Represent the interests of all Azusa businesses in promoting economic development and
lawful and positive business and local sales revenue.
• Participate in marketing the City's advantages inside and outside the community to retain
and attract business and local sales revenue.
• Promote improvement strategies that enhance the value of property and stimulate
investment and development of vacant or underutilized properties.
• Promote trade and business meetings and activities that further these goals.
• Expand services by including a Business Recognition Program, providing educational
programs, disseminating legislative and other information to the business community on
behalf of the City, and increasing marketing activities to promote the City.
FISCAL IMPACT
Based on the City Council's direction last year, the 2012/13 financial assistance to the Chamber
would be,$42,268, which reflects a 5% decrease from 2011/12. The 2012/13 Chamber financial
support of $42,268 will come exclusively from Azusa Light and Water Department. At this time
the City has no other funding sources to provide financial support to the Chamber.
Attachments
• Agreement Regarding Chamber of Commerce Funding and Support between the City of
Azusa and the Azusa Chamber of Commerce for Fiscal Year 2012/13.
PA
AGREET 4ENT REGARDING CHAMBER OF COMMERCE
FUNDING AND SUPPORT
BETWEEN
THE CITY OF AZUSA AND
HE AZUSA CHAMBER OF COMMERCE
This Agreement Regarding Chamber of Commerce Funding and Support ("Agreement") is entered
into as of the I" day of July 2012 ("Effective Date") by and between CITY OF AZUSA ("City") and the
AZUSA. CHAMBER OF COMMERCE (the "Chamber"). The City and Chamber are sometimes
individually referred to herein as "Party" and collectively referred to as "Parties". This Agreement shall be
effective for the duration of one year, until the day of June 30, 2013
RECITALS
A. City is desirous of promoting business, residential and economic development opportunities within
the City of Azusa, dis eminating information relative thereto, and of properly following up and
giving consideration to inquiries made relative to the various activities of the City and its business,
residential and economi development opportunities; and
B. City is also desirous of forming joint legislative advocacy opportunities with other entities.
C. The Chamber has spec al knowledge, experience and facilities for disseminating such information
and legislative advocac 1, is organized for and equipped to carry on promotional activities on behalf
of City and to publicizc and exploit the economic and regional advantages that City has to offer to
business, residential an industrial interests; and
D. The Chamber has for m
historically been recogr.
the City's revenue base.
E. The Chamber's acti
purpose.
AGREEMENT
NOW, THEREFORE, it is
A. Services
Chamber shall undertake,
behalf of City and render t
1. Maintain
promotional and
2. Represent the
lawful and positive bL
3. Participate in
attract business and 1
than a century been the principal citywide advocate for business and has
I as the representative of all businesses, which contribute substantially to
are recognized by law as being in the public interest and serving a public
by and between the Parties as follows:
ring the term of this Agreement, promotional and advocacy activities on
following services:
quarters and employ competent, professional personnel to carry on the
activities of the City as herein stated.
ats of all Azusa businesses in promoting economic development and
and local sales revenue.
keting the City's advantages inside and outside the community to retain and
sales revenue.
1
4. Promote improvement strategies that enhance the value of property and stimulate investment
and development of vacant or underutilized properties.
5. Promote trade and business meetings and activities that further these goals.
B. Responsibilities
Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on
behalf of City in the following areas:
1. . Business
a. The Chamber shall actively work to increase the current Membership by 10%.
b. Serve as an advocate for the business community and as a City liaison when appropriate.
This shall be accomplished by operating as a visible and approachable representative of
business, and by disseminating legislative and other information to the business community on
behalf of the City.
c. Attend meetings of the Azusa City Council on a regular basis.
d. Maintain and continue to improve the image of the Chamber within the City of Azusa and
surrounding areas.
e. Assist the City in the attraction, retention and expansion of business in Azusa through the
work of an Economic Development Committee, which shall reach out to businesses and offer
workshops and assistance to the business community.
f. Provide Chamber Members with an avenue to announce their presence in the community at
large, through groundbreaking events, ribbon -cutting ceremonies and open houses.
g. Serve as a Member on the San Gabriel Valley Coalition of Chambers to provide a voice for
the business community within Azusa.
h. Host the Annual State Address for members of the community, employees of the City, and
business owners.
i. Provide educational programs to Chamber Members including: Internship Programs with
our Business Partners, Legislative Matters i.e., Legal Labor Laws for Small, Home Based and
Large Businesses, provision of a Community Resource Information Center; and Promotion of
Multicultural Markets specializing in Business Type, Industrial, Retail and all member
classifications.
j. Develop a Business Recognition Program in conjunction with the City of Azusa to include
all sizes of business. Develop criteria, plan and venue of recognition, e.g., Beautification of
Business in Azusa, Volunteer Award, Business of the Year, and Business Person of the Year.
Additionally, enhance our current New Chamber Member Reception for new members in
conjunction with the current increase of membership.
2. Community
3.
The Chamber sha 1 continue to improve the quality of life in Azusa by participating in the
following Commu ity events and/or organizations:
a. Serve as a community volunteer on the "Kids Come First" golf tournament.
b. Serve as a liais n for the City in encouraging local businesses to participate in community
events.
c. Be an active M mber of the Community Coordinating Council, and assist in the formation of
a directory listing non-profit and service organizations that shall serve as a welcome and
resource guide for bew residents to Azusa.
d. Serve as a
volunteer, or d(
e. Continue to
University.
f Promote coma
Pomona Fairplex.
g. Support the
evening of the
t of contact for the local business community to obtain information,
funds in support of the Vietnam Memorial Moving Wall.
an active role in the President's Community Council at Azusa Pacific
spirit by coordinating and attending the annual Azusa Day at the
of Azusa's Annual Golden Days festivities by coordinating an event on one
long festival.
It. Continue an inc ase in the following programs and events: Presidents Club; Membership;
Networking Event!; New Member Receptions; Collaborative Mixers with adjoining cities;
Taste of the Town; State of the City; Job Shadow; and Meet the Mayor Reception.
Marketing and Business Development
The Chamber will i licrease its activities to market the City by performing the following:
a. I.C.S.C. — Partn r with the City to support and promote Azusa
b. Include City sta f from Economic Development in the Business Visitation Program with the
Chamber and Econc mic Development Committee.
c. Create a new City Map which includes the new Rosedale Development area.
d. Upgrade and imJNrove the Design of the Chamber's Website
e. Update the mart eting materials for the Chamber. Create a new marketing packet to include
folders, brochures, Gity information, maps, Chamber directory, and marketing giveaways. Also
design and create a "New Residential Packet" for new residents moving into Azusa.
f. Expand the publ cation of The Azusan (The Chamber's Newsletter) by increasing pages and
volume of advertisement, include a Mayor and/or City Council column, include testimonials
and case studies from businesses in Azusa, include City maps and information, and increase the
quality of the public ition to include color. As a future goal, the Chamber will strive to increase
editions from bi-mo ithly to monthly, and increase distribution to all businesses within the City
of Azusa and add re idential.distribution.
3
C. Consideration
In consideration of the valuable services performed by the Chamber for City, as set forth above in
Section A hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of
FORTY-TWO THOUSAND TWO HUNDRED SIXTY-EIGHT DOLLARS AND THIRTY-FIVE
CENTS ($42,268.35).
The consideration shown above is to be funded by Azusa Light and Water and represents 100% of the
20.12/13 financial assistance identified in Section E of this Agreement.
The City shall make payment, to the Chamber in twelve monthly installments. The Chamber agrees not
to fund The Azusan or any other Chamber newsletters or publications with any compensation provided
by the City.
D. Duties of Chief Executive Officer
The Chief Executive Officer shall prepare and submit to the City Manager or his designee a written
report every sixty (60) days specifying the activities of Chamber during the preceding sixty (60) days.
Said report shall be prepared in format acceptable to the City Manger. Executive Director shall promptly
furnish City, upon the completion of Chamber's operating year, certified copies of its annual operating
statement.
E. Self -Sufficiency of the Chamber
The Chamber will develop a strategy and plan which will enable it to become financially self sufficient
within seventeen (17) years from the ending term of this Agreement. The City proposes this self-
sufficiency plan as a plan only and, to facilitate this, the Chamber will be subject to contribution
reduction benchmarks. In 2012/13, the City's contribution has been decreased to $42,268.35. In
2013/14, the City's contribution will be decreased by $2,486.37 to $39,781.98. In 2014/15, the City's
contribution will be decreased $2486.37 to $37,295.61. This yearly reduction of $2,486.37 will continue
for the following 17 years when the Chamber will become self sufficient. However, this is not a
guarantee of future funding. A report and action plan will be presented to the Azusa City Manager
during the term of this Agreement detailing how this goal will be achieved.
F. Indemnification
Chamber agrees that it will defend, indemnify and hold harmless City, and its elected officials, officers,
employees and agents from and against all claims, demands, cause of action, costs, expenses, losses,
injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising
out of or in connection with any alleged acts, omission or willful misconduct of Chamber, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with the
performance of the Services or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses to the maximum extent
allowed by law.
G. Insurance
Chamber shall secure from a good and responsible company or companies doing insurance business in
the State of California, pay for and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive automobile and worker's compensation and employee's Liability Insurance in
4
which the City is the namcd insured or is named as an additional insured with the Chamber and shall
furnish a Certificate of Lia ility Insurance to the City Manager before execution of this Agreement by
the City or within a reason ible time after execution. Notwithstanding any inconsistent statement in the
policy or any subsequent eE dorsement attached thereto, the protection offered by the policy shall:
1. Include the Cil
performed under this
Agreement.
2. Include the
duties under this AE
3. Provide the
a. General Liabil
personal injury
b. Automobile
property dai
as the insured or named as an additional insured covering the services to be
agreement against all claims arising out of, or in connection with, this
its officers, employees and agents while acting within the scope"of their
nt against all claims arising out of, or in connection with, the Agreement.
minimum limits:
$1,000,000.00 combined single limit per occurrence for bodily injury,
property damage.
$1,000,000.00 combined single limit per accident for bodily injury and
c. Worker's Comp sation and Employees Liability: Worker's Compensation limits as required
by the Labor qode of the State of California and Employer's Liability of limits of
$1,000,000.00 p(* accident.
4. This insurer shall agree to waive all rights of subrogation against the City, its officers,
ffi
ocials, employees and volunteers for losses arising from work performed by the Chamber for the
City.
5. Bearer and endoi7sernent of shall have attached a rider whereby it is provided that, in the
event of expiration or pr posed cancellation of such policy for any reason whatsoever, the City shall
be notified by registered ail, postage prepaid, return receipt requested, not less than thirty (30) days
before such date.
H. Self -Insured
Any deductible or self-insur d retention must be declared to and approved by the City. At the option of
the City, either the insurers iall reduce or eliminate such deductible or self-insured retention as respect
of the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing
payment of losses and relatei I investigation claim administration and defense expenses.
I. Attorney's Fees
Should any litigation be
Agreement, the prevailing
addition to any other relief
)mmenced between the Parties hereto concerning the provision of this
arty in such litigation shall be entitled to reasonable attorney's fees, in
which it may be entitled.
5
J. Term
This Agreement shall be effective for a twelve (12) month period commencing upon effective date of
this Agreement.
K. Termination
This Agreement may be terminated by either party upon thirty (30) days written notice with any sums
due and payable hereunder.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
3
IN WITNESS
written below.
CITY OF AZUSA
James Makshanoff
City Manager
INo
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO
Best, Best & Krieger, LLP
City Attorney
the Parties have caused this Agreement to be executed as of the date(s)
7
AZUSA CHAMBER OF COMMERCE
Dan Bacani, Chair of the Board
of Directors for Azusa Chamber of Commerce
DATE:
CITY OF AZUSA
OF THE CITY COUNCIL
;ULAR MEETING
MONDAY", JUNE 18, 2012 — 6:30 P.M.
The City Council of the City of Azusa met in +gular session at the above date and time in the Azusa
Auditorium located at 213 E. Foothill Boulevard,) Azusa, CA 91702.
CLOSED SESSION
Mr. Mike Lee addressed the item wishing
session.
The City Council recessed to Closed Session at
City Negotiators: City Manager Makshanoff
Organizations: ACEA (Azusa City Employ
Association), SEIU (Service
Management Association), C
(Azusa Police Officers As
Electrical Workers).
Case
The City Council reconvened at 7:35 p.m.; City
action taken in Closed Session, and Council wo,
of the meeting.
Mayor Rocha called the meeting to order.
D -
Closed Session
luck to Council on decisions to be made in closed M. Lee
Comments
p.m. to discuss the following:
w i,ei r vrc Conference
w/Labor
Association), AMMA (Azusa Middle Management Negotiators
ployees International Union), APMA (Azusa Police ACEA,
' (Civilian Association of Police Personnel), APOA AMMA, SEN,
ation) and IBEW (International Brotherhood of APMA, APOA,
IBEW
Anticipated
litigation
Martinez advised that there was no reportable No Reports
to discussion of closed session item at the end
Pledge to the Flag was led by David Santellan andlBell Fierro
Invocation was given by Pastor Rick McDonald of Azusa House of Prayer
ROLL CALL
PRESENT: COUNCILMEMBERS: GONZ
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT:
City Attorney Martinez, City Manager Makshan
Haes, Police Chief Gonzalez, Interim Finance Dii
Jacobs, Library Director Johnson, Director of In
Director Nieuber, City Engineer Hassel, Infonnat
Community Development McNamara, Assis
Superintendent Gonzales, Recreation Supervisor
City Clerk Mendoza, Administrative Technician I
PUBLIC PARTICIPATION
Mr. Mike Lee addressed council addressing the I
wished council good luck on decisions to be mad
luck to Ms. Candace Toscano, Assistant City f
condolences on the passing of Mr. John Dangleis,
Mr. Lynn Eaton, addressed council requesting
distribution of Vulcan taxes paid to the city.
Call to Order
Flag Salute
Invocation
CARRILLO, MACIAS, HANKS, ROCHA Roll Call
Director of Public Works/Assistant City Manager Also Present
x Paragas, Recreation and Family Services Director
nation Technology Graf, Interim Human Resources
Officer Quiroz, Assistant Director to Economic and
Director of Utilities Kalscheuer, Recreation
males. Recreation Program Coordinator Martinez,
Pub Part
ring: the Summer Splash event held last Saturday; M. Lee
this meeting; spoke of local business: wished good Comments
on her retirement from the City; and extended
ier City Manager and Councilmember.
update on his previous questions regarding the L. Eaton
Comments
Ms. Adrian Martinez, Recreation Program Coordinator, addressed council inviting all to the Summer
A. Martinez
Concerts in the Park to be held at Memorial Park from July 19 thou August 23.
Concerts Park
Ms. Jeri Vogel addressed council regarding the budget adoption which includes employees lay off, and
J. Vogel
expressed her opposition regarding a proposed puking structure.
Comments
Mr. Joe Guarrem addressed Council requesting an update on a previous question regarding the
J. Guarrem
elimination of a Light and Water position and on the expense per stall of a proposed parking structure.
Comments
Mr. Jorge Rosales, addressed council regarding park maintenance and park open space addressed at a
J. Rosales
recent budget workshop and expressed his opposition on a proposed parking structure.
Comments
City Manager Makshanoff stated that he will answer all questions posed as early as tomorrow. . J. Makshanoff
City Attorney Martinez, addressed the meeting stating that staff is restricted by the Brown Act to give M. Martinez
brief answers to questions posed at Council meetings; some questions elicit detailed and/or technical comments
responses, and in order to stay in compliance with the Brown Act, questions need to be answered outside
the public meeting.
/REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates
/ Moved by Councilmember Hanks, seconded by Councilmember Macias and unanimously carried to Cancel August
VVV cancel the Council Meetings of August 6 and 20, 2012. meetings
Councilmember Macias addressed the meeting stating that council will continue to be transparent to the U. Macias
public and answer all questions addressed at the meetings; he spoke on the open park space the city has Comments
obtained; and wished Candy Toscano, Assistant City Clerk, best wishes on her retirement from the City.
Councilmember Hanks addressed the meeting thanking Ms. Candy Toscano, Assistant City Clerk, for her
years of service to the city and wished her a happy retirement; requested public feed back if the city K. Hanks
should endorse Assembly Bill AB 1446, which will authorize the extension of Measure R; he looks Comments
forward for the review of the Environmental Impact Report on a proposed parking structure; and hoped
all had a nice Father's Day.
Councilmember Gonzales addressed the meeting congratulating all graduates; wished all a happy belated
Father's Day; requested that all residents drive careful and watch out for children as they are out of R. Gonzales
school for the summer; and announced that the meeting will be adjourned in memory of Mr. John Comments
Dangleis.
Mayor Rocha addressed the meeting stating that it will be adjourned in Memory of Mr. John Dangleis
and Ms. Alicia Pulido Santellan; announced activities held in the city in the past week; announced the J. Rocha
following upcoming events: Friday June 22, Azusa Cares will trim a residents tree to help call (626)334- Comments
1582; Summer Concerts in the Park; summer swimming; library activities from June 19 thru August 14;
Wednesday, June 20, 5:30 p.m. at Memorial Park, the community open house regarding the Gold Line
extension; and asked all to pray for our soldiers.
SCHEDULED ITEMS
Sched Items
THE CITY COUNCIL CONVENED JOINTLY AS THE CITY COUNCIL, THE AZUSA Convene
/ PUBLIC FINANCING AUTHORITY AND THE SUCCESSOR AGENCY OF THE FORMER Jointly
V REDEVELOPMENT AGENCY TO CONSIDER THE FOLLOWING: Budgets
FISCAL YEAR 2012/13 CITY, AZUSA PUBLIC FINANCING AUTHORITY AND SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY BUDGET ADOPTION.
City Manageo/Executive Director Makshanoff, presented the budget, which included all three entities; the
City, the Successor Agency of the Former Redevelopment Agency, and the Azusa Public Financing
Authority's Operating and Capital Improvement Budgets for Fiscal Year 2012/13 (the "Combined
Operating and Capital Budgets"), as proposed at the May 29, 2012 Budget Workshop together with
amendments as desired.
Interim Finance Director Paragas answered questions posed by Mayor/Director Rocha, stating that
project numbers on the 2012/13 Capital Improvement Program, Azusa Intermodal will be assigned once
the formal award letter from the federal government has been received, and each assignment will have a
separate project number.
Councilmember Hanks offered a Resolution entitled:
2012/13
Budget
Adoption
City Former
Redev
Agency and
APFA
A RESOLUTION OF THE CITY COUNCIL OF THE CfTY OF AZUSA ADOPTING THE BUDGET Rem. 12-C34
AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget
COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013.
06/18/2012 PAGE TWO
Moved by Councilmember Hanks, seconded
adopt. Resolution passed and adopted by the f
AYES: COUNCILMEMBERS: GONZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Councilmember Hanks offered a Resolution
Mayor Pro -tem Carrillo to waive further reading and
wing vote of the Council:
CARRILLO, MACIAS, HANKS, ROCHA
A RESOLUTION OF THE BOARD OF DIRECTORS
FORMER REDEVELOPMENT AGENCY OF 1HE
OF THE SUCCESSOR AGENCY OF THE
Reso. 12-R23
BUDGET AND APPROVING APPROPRIATIONS
CITY OF AZUSA ADOPTING THE OPERATING
FOR THE SUCCESSOR AGENCY OF THE
Former Redev
FORMER REDEVELOPMENT AGENCY OF
COMMENCING
THE CITY OF AZUSA FOR THE FISCAL YEAR
Agency
Budget
JULY 1, 2012 AND ENDING
JUNE 30, 2013.
Refuse Rate
Moved by Councilmember Hanks, seconded ti� Mayor Pro -tem Carrillo to waive further reading and
adopt. Resolution passed and adopted by the folloowing vote of the Council:
AYES: COUNCR.MEMBERS: GONZALECARRILLO. MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Director Hanks offered a Resolution entitled:
A RESOLUTION OF THE BOARD OF E
AUTHORITY ADOPTING THE BUDGET
AUTHORITY FOR THE FISCAL YEAR CC
2013.
Moved by Director Hanks, seconded by Director
passed and adopted by the following vote of the E
AYES: BOARDMEMBERS: GONZALES,C
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
THE PUBLIC FINANCING AUTHORITY
THE SUCCESSOR AGENCY OF THE RE.
P.M.
Assistant to Utilities Director Kalscheuer, ad(
-adjustment. He stated that in accordance with tl
service rates annually by July L Proposition 218
hearing and a 45 day notice. Adjustments are maz
rates, disposal costs and city fees. Single family v
3 Cubic yard bin will increase by $6.84. Price
tonnage and discounts per volume at the Landfill;
expense for disposal and to close a deficit from pi
)RS OF THE AZUSA PUBLIC FINANCING Reso. 12-P]
APPROVING APPROPRIATIONS FOR THE Pub Fin
CING JULY 1, 2012 AND ENDING JUNE 30, Authority
to waive further reading and adopt. Resolution
MACIAS, HANKS, ROCHA
DJOURNED AND THE CITY COUNCIL AND
APFA
VELOPMENT AGENCY CONTINUED AT 8:25
Adjourned
resolution to increase refuse rate.
City Contd
ISTMENT.
Letter
ssed the Hearing presenting the 2012 refuse rate
Pub Hrg
franchise agreement, the City is obligated to adjust
Refuse Rate
luires the city to adopt the adjustment during a public
Adjustment
based on the Consumer Price Index, Landfill, per ton
OF THE CITY OF AZUSA, APPROVING THE Resolution
I decrease by $0.65, multifamily by S.30; commercial
FRANCHISE AGREEMENT WITH No. 12-C35
SERVICE RATES AND FEES FOR THE PERIOD
creases are due to residential decrease in disposing
C. Kalshewer
immercial increase is due to decrease of customer the
Comments
Mous year.
Rate to
ouncilmember. Hanks, to waive further reading and Arakelian
After further discussion, the Mayor declared the he4nng open
City Clerk Mendoza, read an opposition letter into
the record by Athe De Prieto, and City Attorney City Clerk
Martinez stated that this single opposition letter
as not enough to stop consideration of adopting the Reads Oppose
resolution to increase refuse rate.
Letter
Moved by Councilmember Gonzales, seconded by
Council Member Hanks, and unanimously carried to Hrg Closed
close the Public. Hearing.
Councilmember Hanks offered a Resolution entitled
A RESOLUTION OF THE CITY COUNCIL
SIXTEENTH AMENDMENT TO
OF THE CITY OF AZUSA, APPROVING THE Resolution
THE EXCLUSIVE
ARAKELIAN ENTERPRISES TO AMEND THE
FRANCHISE AGREEMENT WITH No. 12-C35
SERVICE RATES AND FEES FOR THE PERIOD
OF JULY 1, 2012, THROUGH JUNE 30, 2013.
Amend
Refuse
Moved by Councilmember Gonzlaes, seconded by
Rate to
ouncilmember. Hanks, to waive further reading and Arakelian
adopt. Resolution passed and adopted by the followi
ig vote of the Council:
Franchise
Agreement
06/18/2012 PAGE THREE
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS. HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARING - RESOLUTIONS ADOPTING 2012/13 FISCAL YEAR SCHEDULE OF FEES
Pub Hrg
AND CHARGES.
Fees and
The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice
Charges S.
Interim Finance Director Paragas, addressed the Hearing stating that the Consumer Price Index (CPI)
Parrages
went up in several departments; departments not affected by the increase are Recreation, Library,
Presentation
Utilities, Transportation Woman's Club and City Clerk.
Comments
Staff responded to question posed by Mayor Rocha that included roof wood shakes shingles, alarm
Ordinance
registration and renewal, yard sales v. state sales and, correction needed on the Aqua Zumba Classes fee.
-
The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice
Hrg Open
of said Hearing published in the San Gabriel Valley Tribune on June 4 and 11, 2012.
of Solicitation
Mr. Jorege Rosales addressed the hearing requesting clarification if blue cards needed to be submitted to
J. Rosales
address hearings; and commended staff for prompt responding to questions regarding fee increases.
Comments
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, and unanimously carred to
Hrg Closed
close the Hearing.
Mayor Pro -tem Carrillo offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA,
Reso
ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND
No.12-C36
SERVICES.
User Fee
AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN PUBLIC RIGHT-OF-WAY
Schedule
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and
of Ordinance
adopt. Resolution passed and adopted, with an amendment to the Ansa Zomba class from $40.00 to
$20.00, by the following vote of the Council: -
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mayor Pro tem Carrillo offered a Resolution entitled:
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
Reso
ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES.
No. 12-C37
Development
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and
Project
adopt. Resolution passed and adopted by the following vote of the Council:
Fees
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDINANCE REPEALING AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION
Ordinance
IN PUBLIC RIGHT-OF-WAY AND AMENDING SECTION 62-304 REGARDING THE PENALTIES
Amending
FOR VIOLATIONS OF SECTIONS 62-302 AND 62-303 OF THE AZUSA MUNICIPAL CODE.
Prohibition
of Solicitation
Chief Gonzalez presented the item stating that this amendment is due to a recent court case, Comite de
in Public-right-
Jomaleros de Redondo Beach v. Redonodo Beach, regarding penalties for solicitation by individuals on
of way
the public right-of-way which was declare unconstitutional, and although the city has not enforced these
violations, they are similar to the laws of which Redondo Beach was challenged.
Discussion was held regarding day laborer, enforcement of laws in public v. private property, and the day
laborer site on Gladstone.
Mayor Pro -tem Carrillo offered an ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNIA REPEALING
Appv First
AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN PUBLIC RIGHT-OF-WAY
Reading
AND AMENDING SECTION 62-304 REGARDING THE PENALTIES FOR VIOLATIONS OF
of Ordinance
SECTIONS 62-302 AND 62-303 OF THE AZUSA MUNICIPAL CODE
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to
waive further reading and introduce the proposed ordinance.
06/18/2012 PAGE FOUR
The CONSENT CALENDAR consisting ofI ems D-1 through D-18, were approved by motion of Consent
Councilmember Macias, seconded by Council be,
Gonzales, and unanimously carried, with the CalendarD-6
exception of item D-6, which was pulled frothe agenda, and items D-14 and D-17, which were Pulled, D-14
considered under the Special Call portion of the genda &.17 Spec Call
1. The minutes of the regular meeting of June 41 2012, were approved as written. Min appvd
2., HUMAN RESOURCES ACTION ITEMS.
Merit Increase and/or regular appointments: & Martinez, D. Eldrige, S. Willison, M. Gomez -Vargas HR Action
Flexible Staffing Promotion: G. Espinoza -
Promotion: S. Sutcliffe Items
Separation: R. Brockling
3. City Clerk was directed to conduct the revie v of the 2012 mandatory review of Conflict of Interest Conflict of
Codes, and to submit required Biennial Repo . Interest Review
4: A four year Elderly Nutrition Catering C
Senior Center in the amount of $110,150
Inc., dba, Morrison Health Care Inc.
5. The following Resolution was adopted ant
A RESOLUTION OF THE CITY Ct
CHIEF OF POLICE TO ENTER
CONTRACT WITH THE DEPA
ACCEPTING $26,254 FROM THE
AGENCIES PROJECT.
6. Blanket Purchase Orders over S10.000 FY
agenda
7. Staff was authorized to solicit for
improvements related to the Capital
8. The agreement with LA Works for Fiscal
approved and staff was given direction to e
for onsite cooking of the Senior Meals at the Azusa Senior Meals
Y, was awarded to Morrison Management Specialist,
OF THE CITY OF AZUSA AUTHORIZING THE Reso. No.
THE ATTACHED STANDARD AGREEMENT 12-C38,
IT OF ALCOHOLIC BEVERAGE CONTROL Agmnt
ASSISTANCE TO LOCAL LAW ENFORCEMENT ABC
-13 (City & successor Agency) was pulled from the Blanket P.O.s
pulled
s to obtain qualified contractors to perform sewer
RFP Sewer
Program for the City's sewer system, FY 2012/13.
Imp,.
2012/13 in an amount not to exceed $66,116, was
LA Works
the same.
Agmnt
9. The contract in the amount of $371.623, was awarded to Midwest Roofing Company of Gardena, Mid West
California for the following Capital Improv ment Projects: West Wing Roof Replacement (CIP Roofing Agmnt
#66112A) and Memorial Park Gymnasium oof Replacement (CIP #66112B), and approval was & Budt Amend
given for a budget amendment in the amount o $148,785 from the Public Benefit Fund.
10. Formal sealed bids in accordance withAzuc Municipal Code Section 2-523 section B, computer SIRSI
software maintenance services and 2-523 sec ion C, no competitive market, were waived, and the Agreement
annual software maintenance and supporta cement from SIRS) Corporation, in the amount of
$30,011.45, was approved.
11. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer CDW-G
software maintenance services were waived, Did the software maintenance support and licensing Agreement
from CDW-G, in the amount of $19,350.00, w approved.
12. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer Matrix
software maintenance services and 2-523 sect on C, no competitive market were waived, and the Imaging
software maintenance and support contract from Matrix Imaging, in the amount of $12,929.00, was Agreement
approved.
13. Formal sealed bids in accordance with Azusa
Municipal Code Section 2-523 section B, computer Motorola Inc.
software maintenance services and 2-523 sect
on C, no competitive market were waived, and the Agreement
software maintenance andsupport agreement f
om Motorola Inc, in the amount of $26,440.00, was
approved.
14. SPECIAL CALL ITEM
Spec Call
15. The bond reduction request by Cityview Ro
edale 98, LP, for Tract 64417-1 Arborview was Bond 64417-1
approved.
16. The following Resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA ESTABLISHING AN Res. No.
AMENDED APPROPRIATIONS LIMIT FOF
THE FISCAL YEAR 2012-13 PURSUANT TO 12-040
ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
06/18/2012 PAGE SIX
17. SPECIAL CALL ITEM
18. The following resolution was adopted and entitled:
Spec Call
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. No.
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE 12-C42
TO BE PAID. Warrants
SPECIAL CALL ITEMS - Special Call
Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early ACEA
retirement incentive program for qualifying- Azusa City Employees Association (ACEA) covered Early
employees. Retirement
Incentive
Councilmember Macias addressed the item thanking ACEA members for their sacrifice and City
Manager for the negotiations.
Mayor Pro -tem Carrillo offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING PUBLIC Reso. No.
AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP) TO 12-C39
IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM FOR QUALIFYING MEMBERS
OF THE AZUSA CITY EMPLOYEE ASSOCIATION.
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: - COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Side letter to the current Azusa Police Management -Association (APMA) Memorandum of Side Letter of
Understanding (MOU) deferring their scheduled August 1, 2012, salary increase and adding an additional Agreement
year onto the MOU. APMA
Mayor Pro -tem Carrillo addressed the item thanking the Police Management Association for deferring
their increase in order to help with the budget deficit.
Mayor Pro -tem Carrillo offered a Resolution entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JUNE 18,
2012, SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE AZUSA POLICE MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1,
2010 THROUGH JULY 31, 2015.
Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
SUCCESSOR AGENCY RELATED MATTERS
Councilmember Hanks offered a resolution entitled:
Reso. No.
12-C41
APMA
Side
Letter of
Agreement
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Sccssr Agncy
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY
FUNDS.
Moved by Director Hanks, seconded by Director Gonzales, to waive further reading and adopt. Res. 12-1124
Resolution passed and adopted by the following vote of the Council Former Agency
Warrants
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
0611812012 PAGE SIX
The City Council recessed to Closed Session at
City Negotiators: City Manager Makshanoff
Organizations: ACEA (Azusa City Emplc
Association), SEN (Servic
Management Association),
(Azusa Police Officers
Electrical Workers).
The City Council reconvened at 9:40; City
taken in Closed Session.
It was consensus of council to adjourn in
TIME OF ADJOURNMENT: 9:00 P.M.
CITY CLERK
NEXT RESOLUTION NO. 2012-C43. (City)
NEXT ORDINANCE NO. 2012-04.
NEXT RESOLUTION NO. 2012-R25 (Former
06/18/2012 PAGE SEVEN
p.m. to discuss the following: Closed
Session
:es Association). AMMA (Azusa Middle Management
Employees International Union), APMA (Azusa Police
APP (Civilian Association of Police Personnel), APOA
;ociation) and IBEW (International Brotherhood of
ey Martinez advised that there was no reportable action Cncl -
Reconvened
No Reportable"
Action
of John Dangleis and Alicia Pulido Santellan Adjourn in
Memory of
E. Contreras
Agency)
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
SPECIAL MEETING
MONDAY, JUNE 25, 2012 — 8:10 P.M.
The City Council of the City of Azusa met in special session at the above date and time in the Azusa
Light and Water Conference Room located at 729 N. Azusa Avenue, Azusa, California, 91702.
Mayor Rocha Called the Meeting to order.
ROLL CALL
PRESENT: COUNCILMEMBERS: GONZALES, MACIAS, HANKS, ROCHA
ABSENT: COUNCILMEMBERS: CARRILLO
ALSO PRESENT:
City Attorney Martinez, City Manager Makshanoff, Director of Public Works/Assistant City Manager
Haes, Police Captain Momot, City Clerk Mendoza, Administrative Technician Hernandez.
PUBLIC PARTICIPATION
None.
Roll Call
Also Present
The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Closed Session
Gov. Code Sea 54957 — PUBLIC EMPLOYEE DISCIPLINE/DISMISSALIRELEASE Emp]
Discipline/
Dismiss
Gov. Code Sec. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR Conference
City Negotiators: City Manager Makshanoff w/Labor
Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Negotiators
Association), SEN (Service Employees International Union), APMA (Azusa Police ACEA,
Management Association), CAPP (Civilian Association of Police Personnel), APOA AMMA, SEN,
(Azusa Police Officers Association) and IBEW (International Brotherhood of APMA, APOA,
Electrical Workers). IBEW
Gov. Code Sec. 54956.9 ( c) - CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED Anticipated
LITIGATION. I Potential Case litigation
The City Council reconvened at 9:21 p.m.; City Attorney Martinez advised that there was no reportable No Reports
action taken in Closed Session.
It was consensus of council to adjourn.
TIME OF ADJOURNMENT: 9:21 P.M.
CITY CLERK
NEXT RESOLUTION NO. 2012-C46. (City)
NEXT ORDINANCE NO. 2012-04.
NEXT RESOLUTION NO. 2012-11125 (Former Redevelopment Agency)
Adjourn
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT NEIUBER, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL
OFFICER
VIA: JAMES MAKSHANOF , CITY MANAGER
DATE: JULY 2, 2012
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with the
City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On June 26, 2012,the Personnel Board confirmed the following Department Head recommendation regarding the
following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
PD Debbie Ursua Court Liaison Officer Merit Increase 9192/5
06/01/2012 $5,996.23
PD Erin Coulter Police Officer Regular 6101/2
Appointment $5,916.02
06/17/2012
UTL Ramon Office Specialist II Merit Increase 4143/5
Lomingkit 06/03/2012 $3,647.79
B. FLEXIBLE STAFFING PROMOTION:The following flexible staffing promotional appointments have been
requested by department head(s)pursuant to the Rules of the Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO. SALARY
FN Lisa Rogers From: Account Specialist II 08/18/2011 5174/3
To: Account Specialist III $4,889.70
1/2/2.09/2-
e
12/1 l2
y_
C. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to
the Rules of The Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
DATE BASE MO. SALARY
UTL Larry Levario Line Mechanic TBD 5218/4
$7,486.93
F. SEPARATION: The following separations are submitted for informational purposes.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE
ECD Graciela Acosta Planning Technician 06/30/2012
IT Betty Donnelson Information Tech. Analyst 06/30/2012
LIB Reed Strege Asst. Library Director 06/30/2012
PW Terri Tate Facilities Maint. Worker III 06/30/2012
PD Olga Bruno Emergency Services Coord. 06/30/2012
PD Eduardo Lomeli Police Officer Trainee 06/30/2012
PD Elaine Wanstrath Administrative Analyst 06/30/2012
FN Lisa Rogers Accounts Specialist III 06/30/2012
RFS Diana Shuttleworth Administrative Secretary 06/30/2012
RFS Adrian Martinez Recreation Coordinator 06/30/2012
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
W
TO: HONORA33 E MAYOR AND MEMBERS OF THECITYCOUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER
DATE: JULY 2, 201
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT
BALANCES] FOR THE MONTH OF MAY 2012
RECOMMENDATION:
It is recommended that th Council Members receive, review, and file the City Treasurer's
Report for the City of AzusJ for the month of May 2012.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa
for the month of May 2012. City investments are made in accordance with the City's
Investment Policy adopted and approved with Resolution No. 05 — C16 dated, November 21,
2011 and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, in
to be sufficient to meet
months.
The change in total cash in
increase of $4,451,488.07.
:nts, and projected revenues for the next six months are expected
disbursement requirements of the City for at least the next six
and investments from April 30, 2012 to May 31, 2012 is a net
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit
Held in Wells Fargo Bank
Prepared by: Marcene Hamilton, Treasurer
May 31, 2012
Interest or
Interest
Balance
Face
Maturity
Number
Coupon
Description
or
Amount
Date
or CUSIP
Rate
Market Value
Checking Accounts
General Checking Account
XXX-XXX1244
202,850.00
Stagecoach Sweep Account
DDA XXX-XXX1244
4,116,774.17
Workers Compensation Checking
XXXX-XX3279
0.00
Flexible Reimbursement
XXXX-XX5036
0.00
Payroll Checking (ZBA account)
XXXX-XX1393
0.00
Police Petty Cash Fund
XXX-XXX0334
189.12
DACA Account - ISO Collateral
XXXX-XX2015
500,000.00
Section 108
0.970%
Choice IV -Public Fund Account
XXX-XXX2239
30,848.95
200,000
11/14/06
3.060%
FHLB 3.060 11/14/06 (Matured)
3133X6PD2
0.00
ISO Collateral Account
Certificate of Deposit - Closed to Light &
300,000
Every 30 Days
0.050%
Water Stabilization Investment Account
XXX-XXX1658
0.00
Certificate of Deposit - Closed to General
Checking - Transferred to Custodial
1,975,001
04/07/07
3.748%
Unvestment Account
XXX-XXX2840
0.00
Covington Endowment
WFB Advantage Heritage Money Market
Fund (rated AAAm/Aaa)
WFB XXXX7554
19,109.98
Certificate of Deposit
100.000
06/29/09
1.400% 1
Discover Bank DE Matures 5/12/14
CUSIP 254670D66
100,693.80
TOTALS
4,970,466.02
Tre aSurer Nem''May 2012
OF AZUSA TREASURER'S REPORT
TREASURVINVES'
Prepared by: Marcme Ha lmlz
May 31, 2012
Broker
Fa[eAmaum
Oeaeriplbn
Coulon
Rale
MvlulYly Opt
peeUCu,Ip Na.
8enlemml
Bu[
hIn[Ipvi'
Mvrkea Pria
(GaeBn
MnmMr3
Merkel VMue"
Gilt' of Azum lm'crlmcnta-AAs Ru Fcticrvl AprncyBwds
01IM5
]IJ3..HR2
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I,CW.dMI.
99.yd11
-
H1 I¢Ca iN
Wa[Mv'ia 4[
I.GW,VSI
r'I IB ILII O]/l9/I<
1350%
U]ll9/la
311310YKB
09117/10
IAW,MpW
101830
WFH
IAW IM
RO)]011/jIIIY
U.730%
1121/la
31331KT91
1121/11
I.WC WO.W
IW WI
GilfnN $ec
1.0]OUW
F 3.185 C1/IS/IS
218541
.115115
11]]]]0.9
O</ILII
I.IXp,WO.W
IOI.Jg9
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I.LW.WO
BI.&pO Ud]9/IS
16W%
O6Pj9115
31331KOM5
U WH
I,W3.dq 1p
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-17
Gilf N$tt
I,W),pJU
BIu$00%T8/IS
I.2
0928115
J13311QL)
W/2B/II
I.yN.NIW
IW 161
Gilford Fa
I.WUAW
BI.I^_01III NIS
LISW.
11/16'15
]IJlIKS9_`
11/11311
I.OW,OdIW
IN 263
W fmd S¢
1,0.141Mp
F b2-t,.Si/16
2M0%
0%11116
JI]JIKFKI
0]124111
I.bN'lm,W
IWN6
WacMrva Sec
I.Ip'J,dp
81.11...118116
1 14
p32tllI,
11331A1.1
0]2811•
IyN.mw
IW.O]U
Gilford SH
I,WO.dYI
FF 1.111.11/16
I..n
wllm6
]1]]EAU
Will,
IIXp,CWW
IW,451
I,W4�NIN
Cilli. Sec
I.WD.dM1
FF BI9l. 11111
(Xvl A
-OS(L16
31M3 IRKS
05/23/12
I....
99.)6]
99]46)0.
WacMviv Srt
I.IXIU.WU
F 21W 063]/16
2.103%
WN71113
3133742130
4.07111
'I,CW.WUW
IUI.T)5
1.01).)511..
Gllfmd Sec
I.C.,.0
ITB. P' 11024/16
10)0%
1N1GI6
3133EINT2
..112
1013,10. d1
1.231
l.23N.
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I,dp.W]
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1yg5'
II/I)/Ifi
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1.01
I,W].12U.
(iiIFaN 9e['
14"'NI
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1.116
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01 M2
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1..010
I.dplWlp
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Lt.. p FH I.Sd005/INI]
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]133]9091
M112
I,MQC..
TOTALS
14,..300
14AIXI,IIl.N
W
DANJIl09
M'_
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NIA
.A00A0 I
IN."
.3oU,UV11.00
City ofAzmelnvulmcoUa Cmificat -ef Depusii-FDIC Insured
WaNmu$e[
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I.)W/
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]rt1595UC3
IOI!I/IU
IW,dp.Ul
.121
9A,9j1W
Wac.-Sec
IMily(I I Me lift... NA
ISW%
IMV13
39155WH1
1021/10
lw... 03
9yp11
99,910.
.whtwa SY
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d'Ajlla
2546)CF56
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247,015W
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Rankof NoMAlnenta
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11/14/10
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99241
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la Ilallk of Dclawuc
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WFD-CITY
THIRDPARTY
ODIALTRUSTACCF
00].(
N/A
N/A
. WA
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" 11111.3
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0..3.11.15
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1]15,10.
IN 161
1:16,956.15
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I,dp,d N
mc 3 13400WBn6
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3031A007
.AIX/¢
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1.91
l.NtA.
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.111,
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on/ l
1,0]O.IVN1,.
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lImoso N
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i2W%
02mill]
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FHLB 1.]../ILI]
1 .
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31337BE02
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IJ%p,W3<O
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1.3151
MIA7
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TOTAI
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-
7,4613 ]S.On
7,4BIb13.45
U01& Wdi,l Fund lnvnlnxner
- Ct iftvlea afDeppail• FDIC lnsurtd
WatMNa 4z
IIS,W3"dl
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085b/.
01AL14
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15,4X1.
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WatMrvii Sa
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RM Bank OfNA
'ISM/.
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055lW.5
p.IKK1W
9),519
193058113
W a[luna $e[
1..480]
pit Bank
IOSMR
.111/15
21IC ARI
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91.2)5
191.SSOW
Wa[Mvia 4c
m..
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135.
05/18/16
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9].1]5
194313.
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235,0.9W
I.1F%
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]615]FCW]
s...
WN7
228,6]145
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NN3114
38143A1.1
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CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS
Prepared by: Marceire Hamilton, Treasurer
Thru May 31, 2012
Face Amaum
Net Amount
F;:"M..city
Date
AccVCudp No.
Payment
Schedule
Annual
Interest
Earvings
Sebeduled
30138012
Intercsl
Earnings
four-'
Received
Fiscal Year to
Date•
-
City of Azusa Investments - AAA Rated Federal Agency Bonds
1000.000
1,000.000
0600%
03/19/15
21,000,000
21996,250
6,000.00
BONDS CALLED OR MATURED DURING FISCAL YEAR
251,508
1000,000
1,000000
1.250%
0789/14
313370YKE
729&189
12,50000
'1250000
12,500.00
1,000,000
1,000,000
0,73(N/.
1121/14
31331KT91
5121 & 11/21
7,300.00
3.650.00
3,650.00
1.000000
1,000000
2.185%
04/15/15
313373DW9
10/15&4/15
217850.00
21,650.00
21.850.00
1,000000
L000,000
1 60014,
0629115
31331KQM5
1229 & 629
16,000.00
16,000.00
8.000.00
1,000,000
1,000000
1.020%
0928/15
31331KZ17
388& 988
10,20000
5,10000
S1O0.00
1.0007000
1,000,000
1.240%
05/16/17
313379B81
11/16 & 5116
12,400.00
0.00
7,465,000
1,000,000
1,000000
0.910%
0583/16
3133EARK6 -
1183&923
9,100.00
0.00
1,000000
11090000
1.120°/
11/16/15
3133IM92
5/16& 11/16
11,200.00
5,600.00
5.600.00
1,000,000
1,000,000
2.440°/
0384116
31331KFKI
984&3/24
24400,0
24.400.00
24.400.00
1,000,000
1,000,000
1.140%
Wale]6
3133EAJX7
988&3/28
11,400.00
0,00.
8/I & VI
1,000,000
1,000,000
1.040°6
04/11/16
3133EALA4
10/11&4/II
10,40000
000
1027&4127
11000,000
I.O00000
2A1 .
06/07/16
313374280
120 & 68
21,000.00
21,000.00
10,500.00
1,000,000
1,000,000
1.070°6
10/24/16
3133FAMT2
1084 & 424
10,700.00
0.00
1027&427
1.000000
11000,000
1300%
11/17/16
313376W92
917&11/17
13,000110
000
3,250.00
1,000,000
1,000,000
1.100%
1189116
3133785K3
5/29&11/29
1l'oll.W
0.00
2,750.00
1.000.000
1000,000
1.260%
03/01/17
3133EAFQ6
911 & 3/1
12,600.00
0.00
16,000,000
16,000,000
ACFIVEINVESTMENTS
Light & Water Smblira0a" - Welk Forgo Bank
Inatimtlonsl Third Patty Custodial Money Market Account - Wquid Asset
215,05060
110,1ODo0
30JOH1.05
City of Azusa Investments-_Cerliftcales -of Deposit =FDIC Insured ,
-'0.070%
N/A-- -
N/A '-
-Monthly
100,000.00
10000000
1.300%
1081113
36159SUM
1082&482
1,300.00
65000
1.303.56
100,000.00
]00,000.o0
1300t%,
10/28/13
591557FHI
1087&427
1,300.00
650.00
1,303.56
200,000.00
200000.00
1.400%
061OV14
25467OF56
128&&2
2.800.00
140000
> 2;807.68
250,000.00
- 250,000.00
1.25014
06/09/14
02587DAX6
129 & 99
3,125 W
1,56250
1,566.78
100,000.00
10000000
1.100%
09/08/14
02005QTS2
3B&918
1,100.011
5M.00
518.49
20000000
200700000
135M
09/23/14
05568PR90
383&9123
2,700.00
1,350.00
1,34630
200,000.00
200,0oo.0o
1 45ON,
11/14/14
17294AH43
914 & 11114
1,446.03
723.02
1,446.03.
10000000
100,000.00
0.950°/.
01/08/15
02W5QYS6
8/12&218
95000
0.00
250,000.00
250700000
1.80w.
06/10/15
36160XRX7
12/10&6110
4,500.00
2,25000
2,256,16
200000 W
20000000
1 600SS/.
01/11/16
06740USI
7/11 & 1111
3,208.77
0.00
200,000.00
200000.00
120MA
0V0]116
38143ALT0
9f/&3h
2.40000
0.00
100700000
100,00000
2000°/
1114116
36159S214
4114&10114
1,002.]4
5013]
1,aa2.7d
2,000,000.00
2,000,000.00
1
.2 5632.54
- 9,06.89
13,581.30.
CITY - Wella Fargo Bank Institutional Thud Party Cmtodlal Money Market Account - Lignid Asset
2,200,000.00
-0.070% 1
N/A :
NIA.
--Monthly
Per Balance and Rote -
2,276.1
Light & Water Fund Investments - AAA Rated Fedor.] Agency Bonds
13,215,00
13,213,500
.
. BONDSCALLEDOR MATORED DURING FISCAL YEAR
-
115,320.00
1000.000
1,000.000
0600%
03/19/15
3133EAHR2
9/19&3119
6,000.00
0.00
1,215,000
L215,000
1.@0'/.
09MI15
31331KZL7
3/28&9128
12,393.00
6,19650
6,196.50
1,000,000
1,000,000
1.375%
0986'16
31331KZN3
3/26&9126
13,75000
6,87500
6,875.00
1,000,000
1,000,000
1.260°/.
03/01/17
3133EAFQ6
9/I & 311
12,600.00
0.00
1,000,000
1,000,000
1.000%
03/08/17
3133EAGG7
9/8 & 318
10,000.00
0.00
1,250000
1249,375
1.300%
03/15117
313378EG2
9/15&3115
16,25000
0.00
1,000,000
1,000,000
1375%
0426117
313379XDS
IN25&4126
13,750.00
OOo
7,465,000
7.464,375
ACTIVE INVESTMENTS
- -
84,743 -
13,072
-128,392
Light & Water Fund Investments - Certificates of Deposit FDIC Insured
115,000.00
115.000.00
0.B50°/.
02/03/14
06425HYW0
&I&VI
977.50
000
200,000.00
200,000.00
0a5w.
02/03/14
38143AJB2
8/I & VI
1,700.00
0.00
235,00000
235,OOD 00
1050°/.
0487/15
36157PCW7
1027&4127
2.467.50
0.00
200000.00
20000000
1.050%
05111115
254671AR1
11/11&5111
2,100.00
0.00
200.000.00
200,00000
1.350%.
0427/16
05568PW45
1027&427
2,700.00
0.00
200,000.00
200,00000
1250%
05/18/16
3616oXD87
11/18&5118
2.500.00
000
1,150,000.00
1,150,00moo
12,445.00
0.00
- 0.00
Light & Water Smblira0a" - Welk Forgo Bank
Inatimtlonsl Third Patty Custodial Money Market Account - Wquid Asset
200,000.00
-
-'0.070%
N/A-- -
N/A '-
-Monthly
- Per Balance and Rale
.1,025.21
CITY - Loam Agency Investment Fund (LAIF) - Uquid Asset
-29,221,434.74 .0.363% N/A - N/A -' °Quarterly Per Balance and Rale '58,060.77
Is Fiscal Year: July I - June 30 TOTAL INTERESTEARNED YTD 552.d4i.98
TO: HONORABLE
FROM: TITO HAES,
VIA: JAMES
DATE: JULY 2, 2012
SUBJECT: EXTENSION
PARTNERS,
RECOMMENDATION
CONSENT CALENDAR
YOR AND CITY COUNCIL MEMBERS
WORKS DIRECTOR/ASSISTANT CITY MANAGER
MANAGER
TERM OF PROFESSIONAL SERVICES AGREEMENT WITH B/R
It is recommended that the Cit Council approve an amendment to the existing B/R Partners agreement,
extending its term to June 30, 013, and authorize the Mayor to sign the amended agreement.
BACKGROUND
The City Council approved Jagreement with B/R Partners to engage Mr. Roy Bruckner as the City's
Project Manager for the Rosele project on August 2, 2004. Mr. Bruckner has served in this capacity for
the past eight years, and has vided all of the items listed in the Scope of Services.
The agreement provides that th term may be extended for such additional time period as may be agreed
upon in writing. The agreement also provides for termination by the City without cause by seven day written
notice.
FISCAL IMPACT
There is no fiscal impact as a esult of this item. While the cost of this service for this fiscal year is
estimated at approximately 1 00, all expenses related to the B/R Partners contract are fully reimbursed by
Rosedale Land Partners and all ther merchant builders operating in the Rosedale project area.
Attachment: Professional Serv4es Agreement
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 2nd day of Jam, 2012, by and between the
City of Azusa, a municipal organization organized under the laws of the State of California with
its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295
("City") and BB Partners, a Corporation with its principal place of business at 3529 Padua
Avenue, Claremont, CA 91711 ("Consultant"), City and Consultant are sometimes individually
referred to as "Parry" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing planning and project
management services to public and private clients, is licensed in the State of California, and is
familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Monrovia Nursery
Specific Plan and project ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional planning and project management
consulting services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and _
regulations.
3.1.2 Term. The term of this Agreement shall be from July 2, 2012 to June 30,
2013, unless earlier terminated as provided herein. Term may be extended for such additional
time period as mutually areed-upon in writing. Consultant shall complete the Services within
the term of this Agreemen as the project demands, and shall meet any other established
es.
schedules and deadlin
3.2 Responsibilities of Consultant.
3.2.1 Control and Pa ment of Subordinates: Independent Contractor. The
Services shall be performeJ by Consultant or under its supervision. Consultant will determine
the means, methods and dc tails of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the righ to perform similar or different services for others during the term of
this Agreement. Any addii ional personnel performing the Services under this Agreement on
behalf of Consultant shall Iso not be employees of City and shall at all times be under
Consultant's exclusive dir tion and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Sc
expeditiously, within the
incorporated herein by re
personnel required to per
facilitate Consultant's coi
submittals in a timely mz
anticipated performance.
3.2.3 Con
Consultant shall be subject
3.2.4 Sul
certain key personnel will
one or more of such perso
at least equal competence
cannot agree as to the sub
Agreement for cause. As
Services in a manner acce
uncooperative, incompete
threat to the safety of pers
Consultant at the request
Roy Bruckner.
3.2.5
City Manager, or his
e of Services. Consultant shall perform the Services
of this Agreement as set forth in Exhibit "A" attached hereto and
ce. Consultant represents that it has the professional and technical
the Services in conformance with such conditions. In order to
ante with the Schedule, City shall respond to Consultant's
Upon request of City, Consultant shall a detailed schedule of
the approval of City.
All work prepared by
rtution of Key Personnel. Consultant has represented to City that
erform and coordinate the Services under this Agreement. Should
rel become unavailable, Consultant may substitute other personnel of
)on written approval of City. In the event that City and Consultant
tution of key personnel, City shall be entitled to terminate this
scussed below, any personnel who fail or refuse to perform the
able to the City, or who are determined by the City to be
, a threat to the adequate or timely completion of the Project or a
is or property, shall be promptly removed from the Project by the
the City. The key personnel for performance of this Agreement is
,presentative. The City hereby designates James Makshanoff,
to act as its representative for the performance of this Agreement
("City's Representative"). -City's Representative shall have the power to act on behalf of the City
for all purposes under this Contract. Consultant shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Roy Bruckner,
or his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising
out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10
3.2. 0.1 Time for Compliance. Consultant shall not commence
Work under this Agreemei it until it has provided evidence satisfactory to the City that it has
secured all insurance requi ed under this section. In addition, Consultant shall not allow any
subcontractor to commenc work on any subcontract until it has provided evidence satisfactory
to the City that the subconi ractor has secured all insurance required under this section.
3.2. 0.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for tf e duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Con ultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); and (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto); or, in lieu of General Liability, Automobile Liability Insurance with the City of Azusa and
the City of Azusa Redevelc pment Agency listed as additional insured; and (3) Workers'
Compensation and Employ is Liability: Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Gen ral Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is u ed, either the general aggregate limit shall apply separately to this
Agreement/location or the eneral aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $ ,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation anV Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.1 .3 Not Used.
3.2.1).4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) e City, its directors, officials, officers, employees, agents and
volunteers shall be covered additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Consultant.
(D) All Coverage. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current
California, and satisfac
3.2.
with original certificates o
Agreement on forms satisi
insurance policy shall be s
behalf, And shall be on for
endorsements must be rec(
reserves the right to requir
time.
3.2.11 Saf
injury or damage to any p(
all times be in compliance
and shall exercise all nece
of the work and the Condit
applicable shall include, b
equipment and procedures
subcontractors, such as sai
confined space procedures
equipment and wearing ap
injuries; and (C) adequate
measures.
3.3 Fees and
Best's rating no less than A:VIII, licensed to do business in
to the City.
0.8 Verification of Coverage. Consultant shall furnish City
insurance and endorsements effecting coverage required by this
ctory to the City. The certificates and endorsements for each
,,ned by a person authorized by that insurer to bind coverage on its
is provided by the City if requested. All certificates and
ved and approved by the City before work commences. The City
complete, certified copies of all required insurance policies, at any
ty. Consultant shall execute and maintain its work so as to avoid
'son or property. In carrying out its Services, the Consultant shall at
with all applicable local, state and federal laws, rules and regulations,
;ary precautions for the safety of employees appropriate to the nature
)ns under which the work is to be performed. Safety precautions as
t shall not be limited to: (A) adequate life protection and life saving
(B) instructions in accident prevention for all employees and
walkways, scaffolds, fall protection ladders, bridges, gang planks,
trenching and shoring, equipment and other safety devices,
arel as are necessary or lawfully required to prevent accidents.or
acilities for the proper inspection and maintenance of all safety
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements for all Services rendered under this Agreement at the rates set forth
in Exhibit "B" attached hereto and incorporated herein by reference, for the number of hours that
the Project demands, as det rmined and approved by the City Manager or his or her designee.
Extra Work may be authori ed, as described below, and if authorized, will be compensated at the
rates and manner set forth i i this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement 3hall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reirribursement for Expenses. Consultant shall be reimbursed for out-of-
pocket expenses as set fortin Exhibit `B".
3.3.4 Extr Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Deli cry of Notices. All notices permitted or required under this
Agreement shall be given 10the respective parties at the following address, or at such other
address as the respective p ies may provide in writing for this purpose:
B/R Partners, Inc.
3529. Padua Avenue
Claremont, CA 91711
Attn: Roy Bruckner, President
City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: James Makshanoff, City Manager
Such notice shall bc deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit int e U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Act ial notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the ethod of service.
3.5.3
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non -e clusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of exj ression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant and r this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree i a writing that City is granted a non-exclusive and perpetual license
for any Documents & Data he subcontractor prepares under this Agreement. Consultant
represents and warrants thal Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be Imited in any way in its use of the Documents and Data at any time,
provided that any such use of within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3 2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the perforn ance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall indemnify, hold harmless, and defend
City, its Council, officers, agents and employees from and against any and all claims and losses,
costs or expenses for any damage resulting in death or injury to any person and/or injury or
damage to any property resulting from any act, omission, or willful misconduct of Consultant or
any of its officers, employees, servants, agents, or subcontractors in the performance of this
Agreement. Such cost and expense shall include reasonable attorney fees.
Notwithstanding the above paragraph, and as a separate and independent covenant
and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council,
officers, agents and employees from and against any damage, liability, loss, cost, or expense,
(excluding personal injury or property damage which is included in the above paragraph) which
arise out of Consultant's negligent performance of services under this Agreement provided that
such liability, loss, cost, or expense, is caused by the negligent act or omission of consultant or
any of its officers, employees, servants, agents, or subcontractors in performance of this
Agreement. Consultant's obligation for such indemnity and hold harmless under this paragraph
shall not include any obligation to defend City, its Council, officers, agents or employees against
include any actions or claim brought by any person. Consultant's obligation to indemnify City
shall include reasonable attorney fees if Consultant is found to have been negligent in
performance of services under this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9
this Agreement.
3.5.10
other consultants in c
3.5.11 Sui
successors and assigns of
3.5.12 Ass
transfer, either directly or I
prior written consent of the
hypothecates or transferee:
assignment, hypothecation
3.5.13 Cot
participated fully in the pr
construed simply, accordii
term referencing time, day
work days. All references
subcontractors of Consulu
City include its elected off
specified in this Agreemer
convenience and ease of rf
content, or intent of this A
3.5.14 Am
of this Agreement shall be
Time is of the essence for each and every provision of
ctgnt to Employ Uther Consultants. City reserves right to employ
>n with this Project.
sors and Assigns. This Agreement shall be binding on the
parties.
>,nment or Transfer. Consultant shall not assign, hypothecate, or
V operation of law, this Agreement or any interest herein without the
City. Any attempt to do so shall be null and void, and any assignees,
shall acquire no right or interest by reason of such attempted
>r transfer.
truction: Keterences• Captions. Since the Parties or their agents have
)aration of this Agreement, the language of this Agreement shall be
to its fair meaning, and not strictly for or against any Party. Any
or period for performance shall be deemed calendar days and not
i Consultant include all persomiel, employees, agents, and
t, except as otherwise specified in this Agreement. All references to
:ials, officers, employees, agents, and volunteers except as otherwise
The captions of the various articles and paragraphs are for
-rence only, and do not define, limit, augment, or describe the scope,
; Modification. No supplement, modification, or amendment
unless executed in writing and signed by both Parties.
3.5.15 Wai er. No waiver of any default shall constitute a waiver of any other
default or breach, whether c f the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntgrily given or performed by a Parry shall give the other Party any
contractual rights by custorn, estoppel, or otherwise.
3.5.16 No T ird Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Inval di • Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwisunenforceable by a court of competent jurisdiction, the remaining
in
provisions shall continue full force and effect.
3.5.18 Proh
employed nor retained any,
for Consultant, to solicit or
Consultant maintains and warrants that it has not
iy or person, other than a bona fide employee working solely
this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all`requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Parry
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Parry.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA
By:
James Makshanoff
City Manager
Date:
Attest:
City Clerk
Approved as to Form.
Best Best & k
City Attorney
LLP
B/R PARTNERS, INC.
By:
Roy Bruckner
President
Date:
EXHIBIT "A"
SCOPE OF SERVICES
B/R Partners, Inc.
This Scope of Services describes the project management activities that B/R Partners will provide in
order.to assist the City of Azusa with the implementation of a 517 -acre master planned development,
comprising 1250 residential units, and up to 50,000 sq. ft. of retail space. Project management
activities will include, but are not limited to the following, as the project demands.
Coordination with:
1. Developers
2. Technical Consultants
3. City Department Heads
4. City Technical Staff
5. Other Agencies
Contract Management
1. Ensure consultant's adherence to scopes of work, and compliance with provisions of
contracts
2. Track consultant billings, invoices, and payments
Organize and Conduct Meetings
1. Community
2. Technical
City Department heads
Other Agencies
Analysis and Review
I . Analyze grading plans, site plans, architectural designs, agreements, studies and reports
2. Review and comment on developer/consultant-submitted studies and reports.
3. Conduct site reviews and inspections to ensure compliance with City requirements.
Public Hearings
1. Analyze development proposals and prepare reports
2. Process subdivision maps and Design Review applications for consideration by Planning
Commission and City Council
3. Attend hearings before the Planning Commission and City Council and present staff
reports
Prepare Status and Update Reports
As needed.
RVPUBWG51544364 C-1
Services described herein
Roy Bruckner, President
Principal
Associate Planner
Clerical
Out of pocket expenses
EXHIBIT "B"
COMPENSATION
B/R Partners, Inc.
be compensated at the following rates:
UPS, cell phone charges, etc.)
RVPUBWGSl544364 G._2
Hourly Rate
$125
$110
$ 80
$ 35
Actual cost
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT NEIUBER, INTERIM HUMAN RESOURCES DIRECTOR
VIA: JAMES MAKSHANOF , CITY MANAGER
DATE: JULY 2, 2012
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING THE COVERAGE OF ALL
OFFICERS AND EMPLOYEES UNDER ONE MASTER FAITHFUL PERFORMANCE
BOND
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution, authorizing the coverage of all
Officers and Employees under one Master Faithful Performance Bond.
BACKGROUND
The City of Azusa is a member of the Independent Cities Risk Management Association (ICRMA). This
membership enables the City to secure various types of insurance coverage. On June 13, 2012, the
Governing Board of ICRMA approved the establishment of the ICRMA Crime Insurance Program
(Program). The Program provides blanket coverage for dishonest acts of employees (embezzlement,
fraudulent transfer of funds, theft of cash), forgery or alteration, computer fraud, fund transfer fraud, and
outside premise robbery. The Program includes $1,000,000 limits and a$5,000 deductible.
The broker, compared coverage, limits, deductibles, and premiums and determined that the City of Azusa
could realize a significant reduction in current premiums through participation in the group purchase
program named above. In addition,the City of Azusa will be able to secure increased coverage and limits.
The City of Azusa currently has crime and fidelity bond coverage;these policies are not written on a blanket
basis. Blanket coverage is a preferred way of securing this type of coverage as it eliminates the necessity of
writing bonds on specifically named individuals for their term of office, which reduces both cost and
paperwork. In addition, the blanket coverage applies to all employees rather than specific positions.
a--,f14X-ef `1 (Z/20/2
Prior to January 1, 1997, the California Government Code required that local public agency treasurers be
individually bonded.In addition,the City Council also had the authority to require bonds of other officers or
employees. In January 1997, California Government Code Section 1481 was amended to extend master
bonding provisions to local public agencies. The City Council is required, however, to adopt a resolution
approving coverage of all officers and employees under one master bond.
FISCAL IMPACT
The recommended change to the City of Azusa's Crime Coverage and Individual Bond Coverage will save
the City approximately$6,082 for fiscal year 2012-2013. This savings was incorporated into the Fiscal Year
2012-2013 Budget projections previously provided to the Council.
Attachments Resolution
RESOLUTION NO. 12-C47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING THE COVERAGE OF ALL OFFICERS
AND EMPLOYEES UNDER ONE MASTER FAITHFUL
PERFORMANCE BOND
WHEREAS,prior to January 1, 1997,the California Government Code required
that local public agency treasurers be individually bonded and;
WHEREAS, the City Council also had the authority to require bonds of other
officers or employees; and
WHEREAS, California Government Code Section 1481 was amended January 1,
l 99 with Assembly Bill 3472 to extend master bonding provisions to local public agencies; and
WHEREAS, Assembly Bill 3472 requires the City Council to adopt a resolution
approving coverage of all their officers and employees under one master bond; and
WHEREAS, approval of such resolution eliminates the necessity of writing bonds
on specifically named individuals for their term of office, reducing both cost and paperwork,
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of City
of Azusa authorizes the coverage of all their officers and employees under one master bond.
The City Clerk shall certify the passage of this Resolution.
APPROVED AND PASSED this 2nd day of July, 201.2.
40(
oseph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly passed by the City
Council of the City of Azusa at a regular meeting thereof held on the 2"d day of July, 2012.
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Vera Mendoza, City Clerk /
TO:
FROM:
VIA:
DATE:
HONORABLE MAYOR
KURT CHRIS
JAMES
JULY 2, 2012
SUBJECT: REQUEST FRO
ON BEHALF Ol
FUNDS FROM
ELEMENT
RECOMMENDED ACTION
Staff recommends that the (
Group should submit a DRI
BACKGROUND
Staff was recently approached
both secure DRI funds throug
considered as the consultant t(
General Plan elements mand;
organized into section with ac
section of our General Plan.
ANALYSIS
While there is no pressing neer
ensure this section of our Gener
imposed by the State in order tc
be held as well as standard rep
grant opportunity proposed by
meeting to explain the process
compensation for submitting tl
selected as the consultant to up
AGENDA ITEM
MEMBERS OF THE CITY COUNCIL
OF ECONOMIC AND COMMUNITY
CITY MANAGER1 *3(v\
W ARROYO STRATEGY GROUP TO SUBMIT A GRANT APPLICATION
'THE CITY OF AZUSA FOR DISASTER RECOVERY INITIATIVE (DRI)
THE STATE TO UPDATE THE CITY'S GENERAL PLAN SAFETY
Council provide direction to staff as to whether or not Arroyo Strategy
nt application on the City's behalf.
,y Arroyo Strategy Group with a request to support them in their desire to
the State for the City of Azusa to update our Safety Element and to be
receive an RFP to prepare the update. The Safety Element is one of the .
ed by the State of California and while Azusa's General Plan is not
ral Elements, the legal obligation is satisfied with the Geology Hazards
to update the City's Safety Element, the ability to secure grant money to
1 Plan is up to date could be beneficial. There will be certain requirements
secure and use the grant monies including two public meetings that must
rting provisions. Given that staff is unfamiliar with the specifics of the
oyo Strategy Group, we have asked them to, be present at the Council
to the Council. Questions facing the Council and staff will include the
e grant application, especially if Arroyo Strategy Group was to not be
ate the Safety Element.
FISCAL IMPACT
Staff is unsure at this time of the fiscal impact to the City associated with securing and utilizing the grant.
A percentage of the grant monies will no doubt be available for administration; however, staff would defer
to Arroyo Strategy Group to explain the total grant amount, the portion that would pay for staff's time, and
how any compensation to Arroyo Strategy Group would be structured.
Niel
AGENCY CONSENT ITEM
CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE F AMILTON, SUCCESSOR AGENCY TREASURER
DATE: July 2, 2012a��� j
SUBJECT: SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF
THE CITY O AZUSA TREASURER'S STATEMENT OF CASH BALANCES
FOR THE MC NTH OF MAY 2012
RECOMMENDATION
It is recommended that the.
Cash Balances for the Succe
for the month of May 2012.
BACKGROUND
Transmitted herewith is the
Agency of the City of Azusa
in accordance with the Succi
No. 11-R43 datedNovembe.
summarized in the "Treasure
an integral part of this repor
Agency cash and
The Agency is the issuer of
investments of $4,117,974.8
the Agency. These funds are
funded projects. The remair
expenses, and outstanding li
FISCAL IMPACT
There is no fiscal impact.
MH:EG
icy Members receive and file the Agency Treasurer's Statement of
Agency of the Former Redevelopment Agency of the City of Azusa
Agency Treasurer's Statement of Cash Balances for the Successor
"Agency") for the month of May 2012. Agency investments are made
ssor Agency Investment Policy approved and adopted with Resolution
21, 2011, and Government Code Section 53601. Investment activity is
Book Balances -Cash and Investments" schedule, attached herewith and
balances decreased by $455.94.
;everal Merged Project Tax Allocation Bonds. Of the total cash and
. Wells Fargo Bank, the fiscal agent, held $4,117,974.81 on behalf of
restricted for payment of debt service on the bonds and special bond -
ng $0.00 was available for Agency operating, debt service, restricted
is an informational report.
SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY
OF THE CITY AZUSA
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
MAY 2012
Deposits
Cost
Interest
Mkt
Bank Accounts
Allowed
Amount Pledged Securities
Maturity
Rale
Value'
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking
No gmR
$0.00 FDIC up t.$100.000.00
Ongoing
0.000%
$D.00
>$100.000 collater d by 110%in gmn9 securhies
Local Agenry Investment Fund (LAIF)
$20.000.000.00
0.00 Backed by faith 8 credit of the State of Califpmia
Ongoing
0.363%
0.00
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER:
$0.00
50.00
Interest Collections:
$0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Meroed Protect Tax Allocation Bonds -
2003A Special Fund
AIM Govt Portfolio
Hubert
0.00 Investments in direct obligations of the U.S. Treasury
Ongoing
0.000%
0.00
2003A Interest Account
AIM Govt Portfolio
No limit
0.00 Investments in tlireq obligations of the U.S. Treasury
Ongoing
0.000%
0.00
2003A Principal Account
AIM Gov't Portfolio
No limit
0.78 Investments to direct obligations of the U.S. Treasury
Ongoing
0,000%
0J8
2003A Reserve Account
Reliance Certificate of Deposit
ND Ilmit
866,442.59 4100,000 coilater¢ed by 110% in covet securities
12/04/14
0.010%
666,442.59
Reliance Trust Co. Cash Equivalent Mmkl
No limit
1,150.83 N/A
Ongoing
0.000%
1,150.83
AIM Govt Portfolio
No limit
256,871.28 Investments in direct obligations of the U.S. Treasury
Ongoing
0.000%
256.871.28
2003 Merged Project Tax Allocation Bonds Subtotal:
$
1,124.465.48
$1,12446648
Interest Collections:
$2.19
2005 Merged Protect Tax Allocation Bonds
`
2005 Special Fund
-
-
Wells Fargo Advantage Govt Minkel
No limit
$
0.05 WA
Ongoing
0.000% $
0.05
2005 Interest Account
Wells Fargo Advantage Govt Mmkt
No limit
0.00 WA
Ongoing
0.000%
0.0
2005 Redevelopment Fund
AIM Insibutional Pnme-Cash MgmVMMk
No Iimft
0.00 WA
Ongoing
0.000%
0.00
2005 Reserve Account
Reliance Certificate of Deposit
No limit
703,528.06 >$100,ODO collatenci by 110% in govn't seciAt es
12104/14
0.010%
703,528.06
Reliance Trust Co. Cash Equivalent Mmkt
No limit
178,96914 NIA
Ongoing
0.000%
178.969.14
2005 Merged Project Tax Allocation Bonds Subtotal:
$
882,497.25
5882.497.25
Interest Collections:
$1.51
2007A Manned Pro nor Tax Allocation Bonds
-
2007A Bond Fund
Wells Fargo Advantage 100% Treasury Mmkl
No limit
$D.00 N/A
Ongoing
0.000%
$0.00
2007A Interest Account
Wells Fargo Advantage 1000% Treasury Mmkt
No limit
$0.00 N/A
Ongoing
0.000%
$0.00
2007A Principal Account
Wide Fargo Advantage 100% Treasury Mmkt
No limit
$
0.34 N/A -
Ongoing
0.000% $
0.34
2007A Merged Project Tax Allocation Bonds Subtotal:
$0.34
$0.34
Interest Collec0ons:
$0.00
20078 Merged Protect Tax Allocation Refunding Bond.
20078 Bond Fund
Welk Fargo Advantage 100% Treasury MmM
No limit
0.00 WA
Ongoing
D.001)%
0.00
2007B Interest Account
Wells Fargo Advantage 10% Treasury Mmkt
No limit
0.00 WA -
Ongoing
0.000%
0.00
20D78 Principal Account
Wells Fargo Advantage 100% Treasury Mmkt
NO mit
0.07 N/A
Ongoing
0.000%
0.07
r
SUC ESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY
OF THE CITY AZUSA
REASURY BOOK BALANCES - CASH AND INVESTMENTS
MAY 2012
M
ximum
D
gposits
Cost
Bank Accounts
lowed
Amount Pled ed Securities
Maturl
Interest
Mkt
Rale
Value'
20078 Reserve Fund
-
Reliance Certificate of Deposit No lift
162,52125 >$100,OOD cdlater d by 110%in govnt securities
12/04116
Reliance Trust Co. Cash Equivalent Mmkt No fir
it
165,431.76 N/A -
0.010%
162,521.25
Ongoing
0.000%
165.431.76
20076 Merged Project Tax Allocation Bonds Subtotal:
$
327,953.08
-
S
327,953.08
Interest CoNecU.ri $1.4
-.
21 Merged Pro Tax Alloiccatior, Bonds
2008A Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt No Iii
it
i N/A
Ongoing
D.000%
0.00
2DOM Interest Account
Wells Fargo Advantage 100% Treasury Mmkt No In
it
Opp WA
'Ongoing
0.000%
0.00
20OSA Reserve Fund
Reliance Trust Co. Savings and Cert. of Deposes No him
it
39],240.]6 >$100,000 cWlaterized by 110% in govnl secundis
1WI9113
2.650%
39],240.]6
Reliance Trust Co. Cash Equivalent i No list
259,16946 N/A
Ongoing
0.000%
259,169.16
2DOBA Redevelopment Fund
Wells FOND Advantage 10D%Treasuryi No li
0.07 WA
Ongoing
O.D00%
0.07
2008A Merged Project Tax Bonds Subtotal:
$656,409.99
$656,409.99
Interest Collection, $2.19
2008B Merged Omni T Allocation N Bonds
20DBB Bond Fund
Wells Fargo Advantage Goveirrhi Mmkl No ITM
0.00 N/A
Ongoing
0.000%
0.00
20088 Interest Account
Wells Fargo Advantage Govemment Mrmt NO lim
0.00 N/A
Ongoing
0.000%.
0.00
Mi Reserve Fund _
Reliance Trust Co. Savings and Cert. of 0....I No hadi
532,294.46 >$100,000 ce0menzetl by 11096 n govn t securities
1121113
4.00D%
532.294A6
Reliance Trust Co. Cash Equivalent Mird No on
594.354.21 WA
Ongoing
DA10%
591
2D38B Low& Moderate Income Housing Fund
Reliance Trust Co. Cash Equivalent Mmkt No It.
0.00 1$100,OOD collaterized by 110% in govnR... unties
Ongoing
0.000%
Wells Fargo Advantage Govemment Mmkt No land
0.00 N/A
0.00
Ongoing
0.000%
0.00
20088 Merged Project Tax Allocation Bonds Subtotal:
$
1.126.648.67
$
1,126.848.6]
Interest Collecdon.: $4.97
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT:
S
4,117,974.81
S
4,119,974.81
Total - Azusa Redevelopment Agency
Cash and Investments:-
S
4,117,974.81
E
4,11],9]4.61
Total Interest Collections: $12.26
Source of Market Value Information:
Wells Fargo Corporate Trust, Trustee
Local Agency Investment Fund Ili
Walk Fargo Institutional Securities
Tax Allocation Bond Date is based on Trustee -generated Statam
nk; bond funds
tested
herein are restricted for payment of debt service and a igible pro
ck and governed by
strict regulations dere ]bed in the Trust Indentures.
'Market Value is the current price at which 0 security can be tratl
or sold.
SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY
OF THE CITY AZUSA
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
MAY 2012
Beginning Cash Balance
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources)
Disbursements
Ending Cash Balance
(All Restricted and Unrestricted Accounts & Investments)
$4,118,430.75
12.26
(468.20)
$4,117,974.81
Marcene Hamilton, Agency Treasurer
SUCCESSOR AGENCY OF THE
TREASURER -HELD ACCOUNTS
MAY 2012
BAL @ 5/1/12
RECEIPTS:
DEPOSITS
INTEREST
TREASURER'S ADJUSTMENTS
TREASURER'S ADJUSTMENTS
TOTAL RECEIPTS
DISBURSEMENTS:
CASH DISBURSEMENTS
REIMBURSE CITY
OTHER DISBURSEMENTS
TOTAL DISBURSEMENTS
OPER INCREASE/(DECREASE)
TRANSFERS:
CHECKING TRANSFERS
SAVINGS TRANSFERS
LAIF TRANSFERS
SECURITIES
LA COUNTY TRANSFERS
REHAB CKG TRANSFERS
TOTALTRANSFERS
BAL @ 5/31/12
FORME
R REDEVELOPMENT AGENCY OF THE CITY AZUSA
EGOVI
WELLS FARGO
CHKG SECURITIES
LAW ' TOTAL
0.00
0.00
468.20
0.00
468.20
.0.00
0.00
0.00
0.00
0.00 0.0o
0.00
0.00
468.20
0.00
0.00
468.20
0.00 0.00
ass.2o
ass.zo
0.00 0.00
(468.20)
(468.20
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
t WARRANT REGISTER
WARRANTS DATED 5/16/12
FOR REDEVELOPMENT A(
A PESO]
CITY OF
TO BER
THE
FOLLOWS:
-(ROUGH 5/31/12 FISCAL YEA 2011-12
NCY MEETING OF 7/02/12
RESOLUTION NO.
[ON OF THE REDEVELOPMENT AGENCY OF THE
JSA ALLOWING CERTAIN CLAIMS AND DEMANDS
OUT OF REDEVELOPMENT AGENCY FUNDS
AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
SECTION]. That th following claims and demands have been audited as required bylaw and that
the same are hereby allowed i 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 P
OJECTS FUND
80 -185 -RANCH CAPITAI,
PROJECTS FUND
80-165-624-2008A TAX A
LLOCATION BONDS
81 -155 -TAX INCREMEN
SET-ASIDE FUND
81 -165 -LM MRG TABO81
HS
82 -125 -CBD DEBT SERV
ICE FUND
82 -135 -WED DEBT SER
ICE FUND
82 -165 -MERGED PROJECT
TAX ALLOCATION BONDS
82 -185 -RANCH CENTER
DEBT SERVICE FUND
SECTION 2. That
certified copy thereof to the
ADOPTED AND A
Chairman
I HEREBY CERTIFY that
City of Azusa at a regular me
AYES: AGENCY ME
NOES: AGENCY ME
ABSTAIN: AGENCY ME
ABSENT: AGENCY ME
Secretary
$ 1.587.35
4.193 72
TOTAL ALL FUNDS: 5781. 07
Secretary shall certify to the adoption of this resolution and shall deliver a
ncy Treasurer and shaltetain a certified copy thereof in his own records.
THIS DAY OF
foregoing resolution was du ly adopted by the Redevelopment Agency of the
g thereof, held on the _ day of 2012.
City of Azusa HP 9000 06/26/12 O P E N H O L D D B LISTING By i/IIZtity Nare Paqe 1
J[N 26, 2012, 1:34 2VI ---req: RUBY -------leg: C3, JL---loc: BI-TEIIi----job: 894671 #Jll70l--pern: CH400 <1.34> rpt id: CHFLTR02
SE[ECI' FU\D CaJes: 80-83 ; Check Issue Ikltes: 051612-053112
PE ED PE Nave ACXZLNf NUVEER / JCB NUEER Invoice Nuder De=ption St Disc. Airt. Dist. Art..
V11440 AI7MMCE GR P, 8000000000-2724 70528 FLEX ALLAN FEES A PD 0.00 6.34
PEID U-�t 0.00
Paid: 6.34
Tbtal: 6.34
V05613
VD0365
V00365
V00365
V00365
V00365
V00365
V00365
V00365
V00365
V00365
Mt19 .19•
19
V11556
V11555
AT&T 8010110000-6915
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n1 F*7d Or191919191919191919 19
r9� n.r • .• :191919191919191919 19
6263345464042412 626-3345464/0517 AD '0.00 6.65
PEID Cyd: 0.00
Paid: 6.65
0030824301040312
SVS 628N SAN GAB FD 0.00
27.55
0030846301040312
SVS 628N SAN GAB PD 0.00
149.10
0030437304040312
SVL? 812N AZUSA A PD 0.00
68.16
0030437304050212
SVC 812N AZUSA A HD 0.00
66.63
0080643301022812
SVS 2295 AZUSA A PD 0.00
40.10
0030846301050212
SVS 628N SAN GAB PD 0.00
156.90
0030824301050212
SVC 628N SAN GTO AD 0.00
27.55
0030871300050212
SVS 617N
AZUSA A PD 0.00
157.13
0030871300040312
SVC 617N
AZUSA A FD 0.00
155.74
0080643301040512
SVD 229S. AZ[ISA FAD 0.00
466.38
FEIDd:
Paid:
Tbtal:
0.00
1,315.24
1,315.24
676599
676599 invoice d FD 0.00
825.62
676598
676598 invoice d FD 0.00
2,018.10
PEID TXuMd:
0.00
Paid:
Total:
2,843.72
2,843.72
EE000318237
PFO PREM MV2012 FD 0.00
31.63
PEIDUIPaid:
0.00
Paid:
31.63
Tbtal:
31.63
4681489
HvID FREh N5Y2012 PD 0.00
3.16
City of Azusa HP 9000
I JLN 26, 2012, 1:34 Nu] ---
06/26/12 O P E N H 0 L D
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SE= FUD Cbdes: 80-83
; Check Issue Dates: 051612-053112
PE ID PE Nam
AC= N vEER / JOB NU -EER
Invoice Nnier Descipticn St Disc. Ant.
Dist. Ant.
PEID Ulpaid:
0.00
Paid:
3.16
Tbtal:
3.16
V07650 E & L LADUS APE
8010125000-6815
0031940 003-1940 invoice PD 0.00
1,350.00
V05574
GRAND
TOTAL
Mile
Lell
8010110000-6915
PEID Via:
Thta1:
041412 LIFE PREM YAY201 PD 0.00
041412 DISAB PREM NFVY20 PD 0.00
6261975078042812 626-1975078
PEID LIM:
Paid:
'Ibtal:
PD 0.00
PEID d:
d:
Thtal :
0.00
1,350.00
144.07
0.00
144.07
144.07
15.78
44.65
0.00
60.43
60.43
19.83
0.00
19.83
19. 83
0.00
5,781.07
5,781.07
d
AN ORDINANCE OF TI
REPEALING AND RESI
PUBLIC RIGHT -OF -Wt
PENALTIES FOR VIOL
MUNICIPAL CODE
WHEREAS, the C
Chapter 62 of the Azusa
Ordinance 00-010;
ORDINANCE NO.
E CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
RVING SECTION 62-302 PROHIBITING SOLICITATION IN
Y AND AMENDING SECTION 62-304 REGARDING THE
kTIONS OF SECTIONS 62-302 AND 62-303 OF THE AZUSA
Council of the City of Azusa previously adopted Section 62-302 of
lunicipal Code prohibiting solicitation in public right-of-way by
WHEREAS, the Ci y Council of the City of Azusa previously adopted Section 62-304
of Chapter 62 of the Azusa Municipal Code regarding the penalties for violations of Sections 62-
302 and 62-303 by Ordinane 00-010;
WHEREAS, the Ci y Council of the City of Azusa recognizes that the City of Azusa
Police Department does not currently nor has it ever enforced Section 62-302 of Chapter 62 of
the Azusa Municipal Code s nce this Section's adoption;
WHEREAS, the Ci y Council of the City of Azusa recognizes that.the City of Azusa
Police Department has nevei penalized any individual under Section 62-304 of Chapter 62 of the
Azusa Municipal Code for a violation of Section 62-302 since this Section's adoption;
WHEREAS, the Ci Council of the City of Azusa wishes to update its Municipal Code
to comport with its current 1 w enforcement practices;
WHEREAS, the City Council of the City of Azusa acknowledges the U.S. Supreme
Court's February 21, 2012 d nial of certiorari of the Ninth Circuit case Comite de Jornaleros de
Redondo Beach v. Redondo Beach addressing the constitutionality of the City of Redondo
Beach's ordinance on solicitation in public rights-of-way; and
WHEREAS, the City Council of the City of Azusa now seeks to repeal and reserve
Section 62-302 of Chapter 62 of the Azusa Municipal Code prohibiting solicitation in public
right-of-way and seeks to amend Section 62-304 of Chapter 62 of the Azusa Municipal Code
regarding the penalties associated with a violation of Section 62-302.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City.Council of the City of Azusa hereby finds and determines
that the forgoing Recitals of his Ordinance are true and correct and are hereby incorporated into
this Ordinance as fully set fo h herein.
Section 2. Rel
entitled "Prohibition of
is of no further force or
45635.01000\7406560
Section 62-302 of Chapter 62 of the Azusa Municipal Code,
m in public right-of-way," is hereby repealed in its entirety and
Section 3. Reserved. Section 62-302 of Chapter 62 of the Azusa Municipal Code is
hereby reserved for future use.
Section 4. Amended. Section 62-304 of Chapter 62 of the Azusa Municipal Code is
hereby amended to delete references to Section 62-302 as follows:
"Sec. 62-304. — Penalties.
Violations of section 62-303 are hereby deemed to be a misdemeanor and punishable in
according to the provisions of section 1-10 of this Code. Alternatively, the city may issue an
administrative fine or penalty to any person in violation of the provisions of this article."
Section 5. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council of
the City of Azusa hereby declares that it would have adopted this Ordinance irrespective of the
invalidity of any particular portion thereof.
Section 6. Signature and Attestation. In accordance with California Government Code
Section 36932, this Ordinance shall be signed by the Mayor of the City of Azusa and attested to
by the City Clerk of the City of Azusa.
Section 7. Publication; Effective Date. In accordance with California Government
Code Section 36933, within fifteen (15) days of the passage of this Ordinance, the City Clerk of
the City of Azusa shall cause this Ordinance to be published, at least once, in a newspaper of
general circulation published and circulated in the City of Azusa, California. This Ordinance
shall take effect thirty (30) days after the date of adoption.
45635.01000\7406560.2
ADOPTED AND
Joseph R. Rocha, Mayor of
ATTEST:
this 2nd day of July 2012.
City of Azusa
Vera Mendoza, City Clerk o�the City of Azusa
STATE OF CALIFORNIA
COUNTY OF LOS ANGEL
CITY OF AZUSA
1, VERA MENDC
foregoing Ordinance No.
regular meeting of the Azi
was duly adopted and pas:
July 2012 by the following
AYES: COUNCILMEN
NOES: . COUNCILMEN
ABSENT: COUNCILMEN
S ) ss
,, City Clerk of the City of Azusa, do hereby certify that the
04, was duly introduced and placed upon its first reading at a
City Council on June 18, 2012 and that thereafter, said Ordinance
at a regular meeting of the Azusa City Council on the 2"1 day of
e, to wit:
Vera Mendoza, City Clerk ot]the City of Azusa
APPROVED AS TO
4 563 5.01000V 406560.2
Fl�
�
AN ORDI
OF AZU1
WITHIN
FACILIT]
CITY OF
WHEREAS, the
previously formed the C
"District") pursuant to
(commencing with Secti
(the "Act") and design
Improvement Area No. 2
WHEREAS, the
19, 2006 (the "Original
pursuant to its rate and
forming the District (the
to its rate and method of
District (the "Original IA
WHEREAS, the
Improvement Area No. 2
No. 2 RMA, to implement
parcels of property in Imp
the District that may be
facilities authorized to t
construction and acquisiti(
WHEREAS, noti
City Council to amend an
to implement, among otr
taxable property in Imprc
to finance the design, co:
by the District, or to pay
facilities and/or to accum
Method of Apportionme
Restated RMA").
WHEREAS, the
relative to the determinat
WHEREAS, at sE
consideration of the Ame
said special taxes therein
City Council, and a full ar
45635.08001\7048585.2
ORDINANCE NO.
vCE OF THE CITY COUNCIL OF THE CITY
CALIFORNIA, LEVYING SPECIAL TAXES
'ROVEMENT AREA NO. 2 OF COMMUNITY
DISTRICT NO. 2005-1 (ROSEDALE) OF THE
y Council (the "City Council") of the City of Azusa (the "City") has
of Azusa Community Facilities District No. 2005-1 (Rosedale) (the
Mello -Roos Community Facilities Act of 1982, Chapter 2.5
53311) of Part 1 of Division.2 of Title 5 of the Government Code
d Improvement Area No. I ("Improvement Area No. 1") and
mprovement Area No. 2") within the District.
Council of the City adopted and passed Ordinance 06-05 on June
inance") levying special taxes in (i) Improvement Area No. 1
lod of apportionment of special taxes attached to the resolution
ginal IA No. 1 RMA") and (ii) Improvement Area No. 2 pursuant
Drtionment of special taxes attached to the resolution forming the
1 RMA").
City Council of the City has conducted proceedings within
7the District pursuant to the Act to amend and restate the Original IA
among other things, changes to the rates of special tax to be levied on
Ivement Area No. 2 of the District to pay debt service on the bonds of
;sued to finance the design, construction and acquisition of public
financed by the District, or to pay the costs of the provision,
; of such public facilities and/or to accumulate funds therefor.
was published as required by the Act relative to the intention of the
restate the Original IA No. 2 RMA for Improvement Area No. 2 and
things, changes in the rates of special tax to be levied on parcels of
ment Area No. 2 to pay debt service on the bonds that may be issued
ruction and acquisition of public facilities authorized to be financed
e costs of the provision, construction and acquisition of such public
Ite funds therefor, as provided in the Amended and Restated Rate and
of Special Tax for Improvement Area No. 2 (the "Amended and
y Council has held a noticed public hearing as required by the Act
to proceed with adoption of the Amended and Restated RMA.
I hearing all persons desiring to be heard on all matters pertaining to
led and Restated RMA for Improvement Area No. 2 and the levy of
,ere heard, substantial evidence was presented and considered by the
fair hearing was held.
WHEREAS, subsequent to said hearing, the City Council adopted a resolution entitled
"Resolution of the City Council of the City of Azusa, California, Approving Certain Changes to
the Rate and Method of Apportionment and Calling a Special Election for Submitting to the
Voters of Improvement Area No. 2 of the City of Azusa Community Facilities District No. 2005-
1 (Rosedale) the Question of Whether the Rate and Method of Apportionment of Special Tax for
Said Improvement Area Should be Amended and Restated" (Resolution No. 11-C80), which
resolution approved certain changes to the Original IA No. 2 RMA and called an election within
Improvement Area No. 2 on the proposition regarding the amendment and restatement of the
Original IA No. 2 RMA for Improvement Area No. 2.
WHEREAS, an election was held within Improvement Area No. 2 of the District in
which the eligible landowner electors approved said proposition by more than the two-thirds vote
required by the Act.
WHEREAS, this Ordinance and the Amended and Restated RMA shall govern the levy
of special taxes with respect to Improvement Area No. 2, and the Original Ordinance shall no
longer control with respect to the levy of special taxes in Improvement Area No. 2.
WHEREAS, no changes were made to the IA No. 1 RMA and it remains in full force
and effect, and the Original Ordinance shall continue to be effective with respect to Improvement
Area No. 1.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, AS FOLLOWS:
Section 1. By the passage of this Ordinance, the City Council hereby authorizes and
levies special taxes within Improvement Area No. 2 therein pursuant to California Government
Code Sections 53328 and 53340, at the respective rates and in accordance with the Amended and
Restated RMA for Improvement Area No. 2 as set forth in Exhibit `B" to Resolution No. 11-C80
adopted by the City Council on November 21, 2011. The special taxes for Improvement Area
No. 2 are hereby levied commencing in fiscal year 2012-2013 and, in each fiscal year thereafter,
pursuant to the Amended and Restated RMA for said Improvement Area, until payment in full of
any bonds issued by the District for Improvement Area No. 2 (the "Bonds"), payment of all costs
of the Facilities to be paid with such funds, and payment of all costs of administering the
District.
Section 2. The City Manager of the City is hereby authorized and directed each fiscal
year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal
year for each parcel of real property within Improvement Area No. 2 of the District, in the
manner and as provided in the Amended and Restated RMA.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Amended and Restated
RMA for Improvement Area No. 2. In no event shall the special taxes be levied on any parcel
within Improvement Area No. 2 in excess of the maximum tax specified in the Amended and
Restated RMA.
Section 4. All of the collections of the special tax for the District and Improvement Area
No. 2 shall be used as provided for in the Act, the Amended and Restated RMA for Improvement
45635.08001\7048585.2 2
Area No. 2, and in Resolu ion of Formation No. 06-C39 adopted on June 5, 2006, including, but
not limited to, the payment of principal and interest on the Bonds of Improvement Area No. 2,
the replenishment of the reserve fund for any such Bonds, the payment of the costs of the
Facilities and Services, the payment of the costs of the City in administering the District and the
costs of collecting and administering the special taxes levied in Improvement Area No. 2.
Section 5. The sp
financial obligations of t1
ordinary ad valorem taxe
provide all necessary inf:
to otherwise take all act:
special tax, so that the sp
times necessary to satisfy
each fiscal year as provide
Notwithstanding tl
the special taxes by me
Improvement Area No. 2,
reduce the administratii
circumstances. In such el
set forth in any such respc
The special taxes
and the same procedure
addition, the provisions
payments.
-ial taxes shall be collected from time to time as necessary to meet the
District on the secured real property tax roll in the same manner as
are collected. The City Manager is hereby authorized and directed to
mation to the auditor/tax collector of the County of Los Angeles and
ns necessary in order to effect proper billing and collection of the
tial tax shall be levied and collected in sufficient amounts and at the
he financial obligations of Improvement Area No. 2 of the District in
I in the Amended and Restated RMA.
foregoing, the City Manager may collect one or more installments of
is of direct billing by the City of the property owners within
in the judgment of the City Manager, such means of collection will
burden on the City, or is otherwise appropriate under the
It, the special taxes shall become delinquent if not paid when due as
ve billing to the property owners.
tel have the same lien priority, and be subject to the same penalties
sale in cases of delinquency as provided for ad valorem taxes. In
Section 53356.1 of the Act shall apply to delinquent special tax
Section 6. If for an y reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inappl cable to any particular parcel within Improvement Area No. 2 of the
District, by a Court of com )etent jurisdiction, the balance of this ordinance and the application of
the special tax to the remaii iing parcels within Improvement Area No. 2 shall not be affected.
Section 7. The N
to be published within fr
circulation published and
shall sign this Ordinance and the City Clerk shall cause the same
(15) days after its passage at least once in a newspaper of general
lated within the City's boundaries.
45635.08001\7048585.2 1 3
EXHIBIT "A"
CITY OF AZUSA
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE)
IMPROVEMENT AREA NO. 2
SPECIAL TAX LEVY
FISCAL YEAR 2012-13
ASSESSOR'S PARCEL NUMBERS
8625-035-001
8625-035-002
8625-035-003
8625-035-004
8625-035-005
8625-035-006
8625-035-007
8625-035-008
8625-035-020
8625-035-023
8625-035-024
8625-035-027
8625-005-040
8625-005-041
8625-035-009
8625-035-010
8625-035-012
8625-035-013
8625-035-014
8625-035-019
8625-035-025
8625-035-026
8625-035-028
8625-035-029
8625-035-030
8625-035-031
8625-035-032
8625-035-033
8625-035-034
8625-035-035
8625-035-036
45635.08001\7048585.2 4
OWNER
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners I1, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
Rosedale Land Partners II, LLC
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon, Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
William Lyon Homes, Inc.
AMENDED
45635.08001\7048585.2
EXHIBIT `B"
M RESTATED RATE AND METHOD OF APPORTIONMENT
IMPROVEMENT AREA NO. 2 OF CITY OF AZUSA
NITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE)
I HEREBY CERTIFY that the forgoing ordinance was introduced at a regular meeting of
the City Council of the City of Azusa held , 2011, and adopted at a regular
meeting of the City Council of the City of Azusa held on 2012, by Councilmember
who moved its adoption and passage by the following vote:
AYES:
NOES:
ABSENT:
SECONDED:
Mayor of the City of Azusa
ATTEST:
City Clerk of the City of Azusa
(SEAL)
APPROVED AS TO FORM:
City Attorney
4 563 5.08001 \7048585.2
Special Taxes as hereinz
No. 2 ("IA No. 2") of the
No. 2005-1 ") and collec
determined by the Coun
Property," "Other Taxat.
property in IA No. 2, in
purposes, to the extent a
A.
1 AND RESTATED RATE AND METHOD OF
APPORTIONMENT FOR
IMPROVEMENT AREA NO.2 OF
CITY OF AZUSA
JNITY FACILITIES DISTRICT NO. 2005.1
(ROSEDALE)
r defined shall be levied on all Assessor's Parcels in Improvement Area
ty of Azusa Community Facilities District No. 2005-1 (Rosedale) ("CFD
each Fiscal Year commencing in Fiscal Year 2012-2013, in an amount
through the application of the appropriate Special Tax for "Developed
Property," and "Undeveloped Property" as described below. All of the
ss exempted by law or by the provisions hereof, shall be taxed for the
in the manner herein provided.
This Amended an Restated Rate and Method of Apportionment employs terms defined
below and terms d fined in the Rate and Method of Apportionment for Improvement Area
No. 1. When nece sary, terms defined in the latter shall be distinguished from terms defined
in the former by ncluding the words "IA No. V prior to the defined term. The terms
hereinafter set fort have the following meanings:
"Acre" or "Acre e" means the area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if a area is not shown on an Assessor's Parcel Map, the area shown on the
applicable final m p, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the 1
2.5, Division 2 of
"Administrative
directly related ti
computing the SI
(whether by the C
(whether by the C
the costs of the Tr
it under the Inden
with arbitrage reb
complying with C
applicable federal
Special Tax discli
Taxes or the Bon
appeal of the Spe
account; that port.
No. 2; and the C
amounts estimate
-Roos Community Facilities Act of 1982, as amended, being Chapter
5 of the Government Code of the State of California.
Expenses" means the following actual or reasonably estimated costs
the administration of IA No. 2 and each Zone therein: the costs of
cial Taxes and preparing the annual Special Tax collection schedules
y or designee thereof or both); the costs of collecting the Special Taxes
anty or otherwise); the costs of remitting the Special Taxes to the Trustee;
stee (including its legal counsel) in the discharge of the duties required of
ire; the costs to the City, IA No. 2 or any designee thereof of complying
e requirements; the costs to the City, IA No. 2 or any designee thereof of
y, IA No. 2 or obligated persons disclosure requirements associated with
.nd state securities laws and of the Act; the costs associated with preparing
cure statements and responding to public inquiries regarding the Special
s; the costs of the City, IA No. 2 or any designee thereof related to an
ial Tax; the costs associated with the release of funds from an escrow
n of the City's overhead and staff time related to the administration of IA
y's third party expenses. Administrative Expenses shall also include
or advanced by the City or IA No. 2 for any other administrative purposes
City of Azusa October 24,2011
IA No. 2 of CFD No. 2005-1 (osedale) Page 1
of IA No. 2, including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means anofficial map of the Assessor of the County designating
parcels by Assessor's Parcel number.
"Backup Special Tax A" means a special tax payable by a property owner that may be
required to be paid subsequent to the issuance of the first series of Bonds as a result of
changes in development, as determined in accordance with Section D below.
"Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether
in one or more series, issued by IA No. 2 under the Act.
"Builder" means an entity which owns a residential dwelling unit immediately prior to the
issuance of a Certificate of Occupancy, and then enters into a contract to sell that dwelling
unit for its Value to an Original Homeowner.
"Certificate of Occupancy" means a document issued by the City which permits the initial
habitation of one or more newly constructed residential dwelling units or non-residential
space.
"CFD Administrator" means an official of the City, or designge thereof, responsible for
determining the Special Tax Requirement for Facilities and the Special Tax Requirement for
Services, and providing for the levy and collection of the Special Taxes.
"CFD No. 2005-1" means City of Azusa Community Facilities District No. 2005-1
(Rosedale).
"City" means the City of Azusa.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2005-1.
"County" means the County of Los Angeles.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for new construction was issued after January 1, 2006 and as of May 1 of the
previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
City of Azusa - October 24, 2011
IA No. 2 of CFD No. 1005.1 (Rosedale) Page 2
"Improvement Area No. 1" or "IA No. 1" means Improvement Area No. 1 of CFD No.
2005-1, as identied on the boundary map for CFD No. 2005-1, and includes each zone
therein.
"Improvement rea No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No.
2005-1, as identied on the boundary map for CFD No. 2005-1, and includes each Zone
therein.
"Indenture" me#s the indeniure, fiscal agent agreement, resolution or other instrument
pursuant to whichonds are issued, as modified, amended and/or supplemented from time to
time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 4.
"Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special
Tax B, as applicable.
"Maximum Sped Tax A" means the Maximum Special Tax A, determined in accordance
with Section C. l b low, that can be levied in any Fiscal Year on an Assessor's Parcel within
IA No. 2.
"Maximum Spec++ Tax B" means the Maximum Special Tax B, determined in accordance
with Section C.2 blow, that can be levied in any Fiscal Year on an Assessor's Parcel within
IA No. 2.
"Non-ResidentialllProperty" means all Assessor's Parcels of Developed Property for which
a building permitO was issued for a non-residential use.
"One -Time Speci Tax" means a one-time special tax payable by a Builder prior to
issuance of a Certificate of Occupancy for a residential dwelling unit in order to reduce the
Maximum Special Tax A on such dwelling unit, so that the Total Tax and Assessment
Obligation for the Fiscal Year in which a Certificate of Occupancy for such residential
dwelling unit is expected to be issued will not exceed two percent (2.00%) of the Value of
such residential d elline unit.
"Original Homeowner" means the first homeowner expected to purchase and close escrow
on a residential dwelling unit from a Builder after the issuance of a Certificate of Occupancy.
"Other TaxableProperty" means Taxable Property Owner Association Property and
Taxable Public Pro ertv.
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the
Indenture.
"Planning Area"tteans a geographic area within IA No. 2 which has been designated as a
Planning Area , id; ntified in Exhibit A herein.
City of Azusa October 24, 2011
1A No. 2 of CFD No. 2005.1(R sedale) _ Page 3
"Post -Bond Certificate of Occupancy" means a Certificate of Occupancy that is issued
after the issuance of the first series of Bonds.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's
Parcel within the boundaries of IA No. 2 that was owned by or irrevocably offered for
dedication to a property owner association, including any master or sub -association, as of
January 1 of the previous Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax A
levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Developed
Property and that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is
equal for all Assessor's Parcels of Developed Property, except to the extent that the Special
Tax levy on Residential Property is limited as described in Section G below. For
Undeveloped Property and Other Taxable Property, "Proportionately" means that the ratio of
the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is equal for
all Assessor's Parcels of Undeveloped Property or Other Taxable Property and that the ratio
of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor's
Parcels of Undeveloped Property or Other Taxable Property.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA
No. 2 that was owned by or irrevocably offered for dedication to the federal government, the
State, the City or any other public agency as of January 1 of the previous Fiscal Year;
provided however that any property leased by a public agency to a private entity and subject
to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with
its use; or (ii) any property within the boundaries of CFD No. 2005-1 that was encumbered,
as of January 1 of the previous Fiscal Year, by an unmanned utility easement making
impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" for any Residential Property means all of the square footage of
living area within the perimeter of a residential structure, not including any carport, walkway,
garage, overhang, patio, enclosed patio, or similar area. The CFD Administrator shall
determine the Residential Floor Area of each dwelling unit based on the building permit,
condominium plan, or other available information.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"RMA" means this Amended and Restated Rate and Method of Apportionment.
"Special Tax" means the Special Tax A, Special Tax B, Backup Special Tax A, and/orOne-
Time Special Tax, as applicable.
"Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement for Facilities.
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 4
"Special Tax B"
Assessor's Parcel
"Special Tax Re4
for IA No. 2 to: (i;
Bonds, including I
(iii) pay all or a
establish or reple
acquisition or con
in IA No. 2 to the
levy on Undevelt
delinquencies bas
Year; less (vii) a
determined by the
means the annual special tax to be levied in each Fiscal Year on each
Df Taxable Property to fund the Special Tax Requirement for Services.
uirement for Facilities" means that amount required in any Fiscal Year
pay debt service on all Outstanding Bonds: (ii) pay periodic costs on the
ut not limited to, credit enhancement and rebate payments on the Bonds;
�ortion of Administrative Expenses; (iv) pay any amounts required to
.ish any reserve funds for all Outstanding Bonds; (v) pay directly for
truction of facilities eligible under the Act and authorized to be financed
xtent that inclusion of such amount does not increase the Spacial Tax A
ped Property; and (vi) pay for reasonably anticipated Special Tax A
d on the delinquency rate for Special Taxes levied in the previous Fiscal
credit for funds available to reduce the annual Special Tax A levy, as
Administrator pursuant to the hidenture.
"Special Tax Re uirement for Services" means that amount required in any Fiscal Year
for CFD No. 2005 1 to: (i) pay directly for all public services eligible under the Act; (ii) pay
Administrative Expenses not funded through the Special Tax Requirement for Facilities as
determined by the CFD Administrator and IA No. I Administrative Expenses not funded
through the IAN . 1 Special Tax Requirement for Facilities; less (iii) a credit for funds
available to reduct the annual Special Tax B levy and the LA No. 1 Special Tax B levy, as
determined by the CFD Administrator. The Special Tax Requirement for Services represents
the total amount tq be levied in any Fiscal Year within IA No. 1 and lA No. 2.
"State" means the Stats of California.
"Taxable Property" means all of the Assessors Parcels within the boundaries of IA No. 2
which are not exe pt from the Special Tax pursuant to law or Section H below.
"Taxable Proper Owner Association Property" means all Assessors Parcels of Property
Owner Associatio Property that are not exempt from the Special Tax pursuant to Section H
below.
"Taxable Public f roperty" means all Assessor's Parcels of Public Property that are not
exempt from the S ecial Tax pursuant to Section H below.
"Total Tax and sessment Obligation" means for any residential dwelling unit, the sum
of the projected ad valorem taxes and any other charges, special assessments, or taxes which
are expected to be ncluded on the annual property tax bill for the Fiscal Year in which the
calculation is being performed assuming such residential dwelling unit had been completed,
sold, and subject to such levies and impositions in such Fiscal Year. For purposes of this
calculation, the CFD Administrator shall include the Maximum Special Tax A and
Maximum Special Tax B for CFD No. 2005-1 plus estimated amounts for all other items
expected to appear on the property tax bill.
"Trustee" means �he trustee or fiscal agent under the Indenture.
City of Azusa October 24, 2011
1A No. 2 of CFD No. 2005-1 (osedale) Page 5
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Other Taxable Property.
"Value" means the full sales price of a residential dwelling unit as determined prior to the
close of escrow by the Builder and the Original Homeowner, as listed on the preliminary
escrow closing statement prepared by the title company for such sale, or if such preliminary
escrow closing statement is unavailable, as reasonably determined by the CFD Administrator.
"Zone" means Zone 1 and/or Zone 2, as applicable.
"Zone 1" means the property identified as Zone I (Great Park and Transit 1) of IA No. 2, as
identified on the boundary map for CFD No. 2005-1.
"Zone 2" means the property identified as Zone 2 (Transit 2) of IA No. 2, as identified on
the boundary map for CFD No. 2005-1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within IA No. 2 shall be assigned to Zone 1 or Zone 2
and classified as Developed Property, Other Taxable Property, or Undeveloped Property, and
shall be subject to Special Taxes in accordance with this RMA. Developed Property shall be
classified as Residential Property and Non -Residential Property.
C. MAXIMUM SPECIAL TAX RATE
1. Special Tax A
a. Developed Property
Residential Property in Zone 1 shall be assigned to land Use Classes I
through 5 in Table 1, and Non -Residential Property in Zone 1 shall be
assigned to Land Use Class 6 in Table 1. Residential Property in Zone 2 shall
be assigned to Land Use Classes I through 3 in Table 2, and Non -Residential
Property in Zone 2 shall be assigned to Land Use Class 4 in Table 2. The
Maximum Special Tax A for Residential Property shall be based on the
number of residential dwelling units and the Residential Floor Area of such
residential dwelling units located on the Assessors Parcel. The Maximum
Special Tax A for Non -Residential Property shall be based on the Acreage of
the Assessor's Parcel.
The Maximum Special Tax A asset forth in Sections C. L(a)(i) and C. L(a)(ii)
below may be reduced in accordance with, and subject to the conditions set
forth in, Section F below.
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) page 6
(i)
Maximum Special Tax A - Zone 1
The Fiscal Year 2012-2013 Maximum Special Tax A for each land
Use Class within Zone 1 is shown below in Table 1.
TABLE 1
m Special Tax A for Developed Property
Fiscal Year 2012-2013
Zone 1
Lod Use
Cb=
ascription
Resldentlal Floor
Area
Zone l
(Great Park and Towit 1)
Maximum Special Tax A
I
Residential Froperty
> 1,950 SF
52,948 per dwelling unit
2
Residential Fropeny
1,751 - 1,950 SF
SZ719 per dwelling unit
3
Residential Property
1,551 - 1,750 SF
$2,420 per dwelling unit
4
Residential Property
1,401 - 1,550 SF
52,178 per dwelling unit
5
Residential Property
< 1,401 SF
$1,986 per dwelling unit
6
Non-Residen
ial Property
NA
$15,000 per Acre
On each July 1, commencing July 1, 2013, the Maximum Special Tax
A for each Land Use Class shall be increased by an amount equal to
two percent (2%) of the amount in effect for the previous Fiscal Year.
Maximum Special Tax A - Zone 2
The Fiscal Year 2012-2013 Maximum Special Tax A for each Land
Use Class within Zone 2 is shown below in Table 2.
City of Azusa October 24, 2011
IA No.1 of CFD No. 2005-1 (4s - pope 7
TABLE 2
Maximum Special Tax A for Developed Property
Fiscal Year 2012-2013
Zone 2
On each July 1, commencing July 1, 2013, the Maximum Special Tax A for
each Land Use Class shall be increased by an amount equal to two percent
(2%) of the amount in effect for the previous Fiscal Year.
b. Undeveloped Property and Other Taxable Property
The Fiscal Year 2012-2013 Maximum Special Tax A for Undeveloped
Property and Other Taxable Property within each Zone is shown below in
Table 3.
TABLE 3
Maximum Special Tax A for
Undeveloped Property and Other Taxable Property
Fiscal Year 2012-2013
Zone 1 and Zone 2
Zone 2
Land Use_
R'srdenttal Floor
(Transtt 2)
Class
Descnptton
Area
n
Maxim m'Spectal Tax A
I
Residential Property
> 1,300 SF
$2,179 per dwelling unit
2
Residential Property
1,201 — 1,300 SF
$2,069 per dwelling unit
3
Residential Property
< 1,201 SF
$1,886 per dwelling unit
4
Non -Residential Property
NA
$15,000 per Acre
On each July 1, commencing July 1, 2013, the Maximum Special Tax A for
each Land Use Class shall be increased by an amount equal to two percent
(2%) of the amount in effect for the previous Fiscal Year.
b. Undeveloped Property and Other Taxable Property
The Fiscal Year 2012-2013 Maximum Special Tax A for Undeveloped
Property and Other Taxable Property within each Zone is shown below in
Table 3.
TABLE 3
Maximum Special Tax A for
Undeveloped Property and Other Taxable Property
Fiscal Year 2012-2013
Zone 1 and Zone 2
On each July 1, commencing July 1, 2013, the Maximum Special Tax A for
Undeveloped Property and Other Taxable Property in Zone 1 and Zone 2
shall be increased by an amount equal to two percent (2%) of the amount in
effect for the previous Fiscal Year.
(iv) Multiple Land Use Classes
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 8
FI' 2012 2Q13 k
Marttmum SpeCtal Tax,A
a
1
$127,870 per Acre
2
$146,625 per Acre
On each July 1, commencing July 1, 2013, the Maximum Special Tax A for
Undeveloped Property and Other Taxable Property in Zone 1 and Zone 2
shall be increased by an amount equal to two percent (2%) of the amount in
effect for the previous Fiscal Year.
(iv) Multiple Land Use Classes
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 8
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax
A that can be levied on an Assessor's Parcel shall be the sum of the
Maximum Special Tax A that can be levied for all Land Use Classes
located on that Assessor's Parcel. For an Assessor's Parcel that
contains both Residential Property and Non -Residential Property, the
Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use
as determined by reference to the site plan approved for such
Assessor's Parcel. The CFD Administrator's allocation to each type
of property shall be final.
2. Special Tax B
a. Developed Prope
(i) Maximum Special Tax B
The Fiscal Year 2012-2013 Maximum Special Tax B for each
Assessor's Parcel classified as Developed Property in Zone 1 and
Zone 2 shall be the amount shown below in Table 4.
TABLE 4
Maximum Special Tax B for Developed Property
Fiscal Year 2012-2013
Zone 1 and Zone 2
On each July 1, commencing July 1, 2013, the Maximum Special Tax
B for Developed Property in Zone 1 and Zone 2 shall be increased by
an amount equal to two percent (2%) of the amount in effect for the
previous Fiscal Year.
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax B
levied on an Assessor's Parcel shall be the sum of the Maximum
Special Tax B for all Land Use Classes located on that Assessor's
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (R sedale) Pape 9
Zoned
Zone 2
Land Uae
Description
20L2=2013 .
e -
;FY 2012.2013
maximum Special
Maximum Special
Tax'B
Tax B
I
Resid
critial Property
$345.35 per dwelling unit
$326.17 per dwelling unit
2
Non-
esidential Property
$4,907.78 per Acte
$4,887.67 per Acre
On each July 1, commencing July 1, 2013, the Maximum Special Tax
B for Developed Property in Zone 1 and Zone 2 shall be increased by
an amount equal to two percent (2%) of the amount in effect for the
previous Fiscal Year.
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax B
levied on an Assessor's Parcel shall be the sum of the Maximum
Special Tax B for all Land Use Classes located on that Assessor's
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (R sedale) Pape 9
Parcel. For an Assessor's Parcel that contains both Residential
Property and Non -Residential Property, the Acreage of such
Assessor's Parcel shall be allocated to each type of property based on
the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The
CFD Administrator's allocation to each type of property shall be
final.
b. Undeveloped Property
The Fiscal Year 2012-2013 Maximum Special Tax B for Undeveloped
Property within each Zone is shown below in Table 5.
TABLE 5
Maximum Special Tax B for
Undeveloped Property
Fiscal Year 2012-2013
Zone 1 and Zone 2
} x
w;
Zone`
Maximum SpecialTax
1 $1,997.20 per Acre
2 $1,997.20 per Acre
On each July 1, commencing July 1, 2013 the Maximum Special Tax
B for Undeveloped Property in Zone 1 and Zone 2 shall be increased
by an amount equal to two percent (2%) of the amount in effect for
the previous Fiscal Year.
C. Property Owner Association Property and Public Property
There shall be no Special Tax B levied on Property Owner Association
Property and Public Property.
D. BACKUP SPECIAL TAX A
All of the requirements of this Section D, which describes the need fora Backup Special Tax
A payment resulting from a change in development, shall only apply after the issuance of the
first series of Bonds. Prior to the issuance of the fust series of Bonds, no Backup Special
Tax A calculation shall be necessary and no Backup Special Tax A payment shall be
required.
Prior to the issuance of a Post -Bond Certificate of Occupancy for an Assessor's Parcel of
Developed Property (the "Subject Property"), the CFD Administrator shall make a
determination of whether or not a Backup Special Tax A payment is required for the
City of Azusa October24, 2011
IA No. 2 of CFD No. 2005.1 (Rosedale) Page 10
Planning Area in hich the Subject Property is located. The CFD Administrator shall charge
a fee for providing this determination and shall follow the steps listed below.
1. 1 Required Special Tax A Revenues
As of the date of the issuance of any series of Bonds, the Required Special
Tax A Revenues for IA No. 2 shall be established to equal (i) 1.1 times the
discounted maximum annual gross debt service for all Outstanding Bonds
(including those Bonds currently being issued, if any), which shall be
computed by determining the Fiscal Year in which occurs the maximum
aggregate annual gross debt service for all Bonds and discounting that
amount from such Fiscal Year to the current Fiscal Year using a discount rate
reflecting the actual rate of increase (if any) of the debt service on the Bonds,
plus (ii) anticipated Administrative Expenses in the next Fiscal Year. The
C Administrator shall allocate such Required Special Tax A Revenues to
cacti Planning Area based on the current Expected Special Tax A Revenues
and identify such allocation in the records of IA No. 2. Such allocation shall
remain valid except as adjusted under 1.(a) or 1.(b) below:
(a) On each July 1, the Required Special Tax A Revenues for
each Planning Area shall be increased by an amount equal to
the annual percentage increase in the debt service on the
Bonds.
(b) The CFD Administrator shall reduce the Required Special
Tax A Revenues for any Planning Area as necessary to reflect
reduced revenues required as a result of a Backup Special Tax
A payment, One -Time Special Tax payment, or prepayment
made with respect to an Assessor's Parcel in such Planning
Area.
2. Expected Special Tax A Revenues
Prior to the issuance of a Post -Bond Certificate of Occupancy for the Subject
Property, the CFD Administrator shall estimate the Expected Special Tax A
Revenues that will be generated at buildout of the Planning Area in which the
Subj ct Property is located based on the Maximum Special Tax A rates then
in of Feet and the current development plan for such Planning Area based on
building permits issued to date, expected building permits to be issued in the
fur , and all other relevant development information available to the CFD
3. I Determination of Need for Backup Special Tax
If th� CFD Administrator determines that the Expected Special Tax A
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005.1 (R sedate) page II
Revenues that will be generated at buildout in the Planning Area in which the
Subject Property is located are less than such Planning Area's Required
Special Tax A Revenues (as adjusted to the date of calculation), then a
Backup Special Tax A payment will be required for such Planning Area.
However, if it is determined that the Expected Special Tax A Revenues are
greater than or equal to the Planning Area's Required Special Tax A
Revenues (as adjusted to the date of calculation), then no Backup Special Tax
A payment will _be required.
4. Calculation of Backup Special Tax
If a Backup Special Tax A payment is required pursuant to step 3 above, such
payment shall equal that Prepayment Amount calculated pursuant to Section
K.3.
5. Payment
The Backup Special Tax A computed under this section shall be paid by the
owner of the Subject Property prior to the issuance of the Certificate of
Occupancy for the Subject Property.
E. ONE-TIME SPECIAL TAX
Prior to the issuance of a Certificate of Occupancy for a residential dwelling unit, the CFD
Administrator shall make a one-time determination of whether or not a One -Time Special
Tax payment is required for such dwelling unit. The CFD Administrator shall charge a fee
for providing this determination.
A One -Time Special Tax payment shall be paid by the Builder for a residential dwelling unit
if the Total Tax and Assessment Obligation is expected to be greater than two percent
(2.00%) of the Value for such residential dwelling unit. The amount of the One -Time
Special Tax for such residential dwelling unit shall equal that Partial Prepayment Amount
calculated pursuant to Section K.2 which shall be sufficient to reduce the Total Tax and
Assessment Obligation to two percent (2.00%) of the Value for such residential dwelling
unit.
If the Total Tax and Assessment Obligation for a residential dwelling unit is expected to be
less than or equal to two percent (2.00%) of the Value of such residential dwelling unit, no
One -Time Special Tax will be required.
F. SPECIAL TAX REDUCTION
Any Special Tax Reduction determined pursuant to this section will not apply to dwelling
units for which One -Time Special Tax calculations were prepared prior to the date of the
Price Point Study, whether or not such calculations resulted in a One -Time Special Tax
payment.
City of Azusa - October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 12
The following
"Independent Pi
selected by CFD
studies for resides
confirming pricin
analyzing econon
community facilit
2005-1 or the Cit)
CFD No. 2005-1,
real property in Cl
as an officer or em
No. 2005-1 or the
apply to this Section F:
ce Point Consultant" means any consultant or firm of such consultants
lo. 2005-1 that (a) has substantial experience in performing price point
ial units within community facilities districts or otherwise estimating or
for residential units in community facilities districts, (b) is well versed in
c and real estate data that relates to the pricing of residential units in
:s districts, (c) is in fact independent and not under the control of CFD No.
(d) does not have any substantial interest, direct or indirect, with or in (i)
i) the City, (iii) any owner of real property in CFD No. 2005-1, or (iv) any
D No. 2005-1, and (e) is not connected with CFD No. 2005-1 or the City
loyee thereof, but who may be regularly retained to make reports to CFD
"Plan Type" means a discrete residential plan type (generally consisting of residential
dwelling units that share a common product type (e.g., single family, multi -family, senior)
and that have nearly identical amounts of living area) that is constructed or expected to be
constructed within a Planning Area of IA No. 2 as identified in the Price Point Study.
"Price Point" me,
any date, the minis
date, including an
premiums, options
living area and lot
"Price Point Stud
study, which (a) ha
the Plan Types con
estimated number c
(d) sets forth such 1
Plan Type, and (e)
days prior to the da
units for which Ont
included in the Pric
Prior to the
Sten No.:
At least 30
No. 2 shall
s, with respect to the residential dwelling units in each Plan Type, as of
im base price of such residential dwelling units, estimated as of such
incentives and concessions, but excluding potential appreciation or
r upgrades, based upon their actual or expected characteristics, such as
means a price point study or a letter updating a previous price point
been prepared by an Independent Price Point Consultant, (b) sets forth
trusted or expected to be constructed within IA No. 2, (c) sets forth the
'constructed and expected residential dwelling units for each Plan Type,
dependent Price Point Consultant's estimate of the Price Point for each
ises a date for establishing such Price Points that is no earlier than 60
the Price Point Study is delivered to the CFD Administrator. Dwelling
Time Special Tax calculations have been prepared previously will not be
: Point Study.
of the first series of Bonds, the following steps shall be taken:
prior to the expected issuance date of the first series of Bonds, IA
a Price Point Study to be delivered to the CFD Administrator.
2. As soon as p acticable after receipt of the Price Point Study, the CFD Administrator
shall calcula e the Total Tax and Assessment Obligation for each Plan Type included
in the Price oint Study.
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (R edale) Pape 13
3. The CFD Administrator shall determine the Expected Special Tax A Revenues for
each Planning Area by taking the sum of the Maximum Special Tax A revenues
expected to be generated at buildout based on building permits issued to date,
expected future development identified in the Price Point Study, and all other
relevant development information available to the CFD Administrator
4. Separately, for each Land Use Class, the CFD Administrator shall determine whether
or not the Total Tax and Assessment Obligation for all Plan Types in a Land Use
Class is less than or equal to 2.00% of the Price Point for such Plan Type.
a. If the Total Tax and Assessment Obligation for all Plan Types in a Land Use
Class is less than or equal to 2.00% of the Price Point for such Plan Type, then
there shall be no change in the Maximum Special Tax A for such Land Use
Class.
b. If the Total Tax and Assessment Obligation for any Plan Type in a Land Use
Class is greater than 2.00% of the Price Point for such Plan Type, the CFD
Administrator shall calculate a revised Maximum Special Tax A for such Land
Use Class, which revised Maximum Special Tax A shall be the highest amount
(rounded to the nearest whole dollar) that will not cause the Total Tax and
Assessment Obligation for any Plan Type in such Land Use Class to exceed
2.00% of the Price Point for such Plan Type. The amount of the change in the
Maximum Special Tax A for a particular Land Use Class is not required to be
proportional to changes in the Maximum Special Tax A made for other Land Use
Classes.
5. If the Maximum Special Tax A for any Land Use Class is revised pursuant to step
4.b. above, the CFD Administrator shall prepare and execute a Certificate of
Reduction in Special Taxes substantially in the form of Exhibit B hereto and shall
deliver such Certificate of Reduction in Special Taxes to CFD No. 2005-1. The
Certificate of Reduction in Special Taxes shall be completed for all Land Use Classes
and shall set forth, as applicable, either (i) the reduced Maximum Special Tax A for a
Land Use Class as calculated pursuant to step 4.b., or (ii) the Maximum Special Tax
A as identified in Table 1 or Table 2 in Section C. L(a) for a Land Use Class that was
not revised as determined pursuant to step 4.a.
6. If the first series of Bonds is issued within 90 days of the date of receipt of the Price
Point Study by the CFD Administrator, CFD No. 2005-1 shall execute the
acknowledgement on such Certificate of Reduction in Special Taxes, dated as of the
date of such issuance, and, upon the issuance of such first series of Bonds, the
Maximum Special Tax A for each Land Use Class shall, ipso facto, be, for all
purposes, as set forth in such Certificate of Reduction in Special Taxes (except for
Assessor's Parcels excluded from the reduction as identified in Attachment B to the
Certificate of Reduction in Special Taxes). If the first series of Bonds is not issued
within 90 days of the date of receipt of the Price Point Study by the CFD
Administrator, such Certificate of Reduction in Special Taxes shall not be
acknowledged by CFD No. 2005-1 and shall, as of such date, be void and of no
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 14
G.
0
Ga
1.
further fo e and effect. In such case, if subsequently, a first series of Bonds is
expected to be issued, at least 30 days prior to the expected issuance date of such first
series of Bonds, the CFD Administrator shall cause a new Price Point Study to be
delivered to the CFD Administrator and, following such delivery, steps 2 through 5
of this section shall be performed based on such new Price Point Study.
As soon as practicable after the execution by CFD No. 2005-1 of the
acknowledgement on the Certificate of Reduction in Special Taxes, CFD No. 2005-1
shall cause to be recorded in the records of the County Recorder an Amended Notice
of Special ax Lien for IA No. 2 reflecting the Maximum Special Tax A for all Land
Use Classes set forth in such Certificate of Reduction in Special Taxes only for those
Assessor's Parcels listed in Exhibit A to such notice (Assessor's Parcels for which a
One -Time Special Tax was not previously calculated).
If the Maxi num Special Tax A is not required to be changed for each Land Use Class
based on fie calculations performed above, there shall be no reduction in the
Maximum 3.pecial Tax A, and no Certificate of Reduction in Special Taxes shall be
required. F owever the CFD Administrator shall prepare and deliver to CFD No.
2005-1 a rtificate of No Reduction in Special Taxes substantially in the form of
Exhibit C I ereto dated as of the date of the issuance of the first series of Bonds that
states that a calculations required pursuant to this Section F have been made and
that no ch ges to the Maximum Special Tax A are necessary.
CFD No. 2 5-1 and the CFD Administrator shall take no further actions under this
Section F ipon the earlier to occur of the following: (i) the execution of the
acknowled ement by CFD No. 2005-1 on a Certificate of Reduction in Special Taxes
pursuant to step 6 above; or (ii) the delivery by the CFD Administrator of a
Certificate f No Reduction in Special Taxes pursuant to step 8 above.
Special Ta* A
Commenci g with Fiscal Year 2012-2013 and for each following Fiscal Year, the
Council shall levy the Special Tax A until the amount of Special Tax A equals the
Special Tax Requirement for Facilities. The Special Tax A shall be levied each Fiscal
Year as foll Dws:
First: The S Oecial Tax A shall be levied Proportionately on each Assessor's Parcel of
Developed froperty in Zone 1 and Zone 2 at up to 100% of the applicable Maximum
Special Taxj A as needed to satisfy the Special Tax Requirement for Facilities;
Second: If dditional monies are needed to satisfy the Special Tax Requirement for
Facilities af er the first step has been completed, the Special Tax A shall be levied
Proportiona Ely on each Assessor's Parcel of Undeveloped Property in Zone 1 and
Zone 2 at u to 100% of the Maximum Special Tax A for Undeveloped Property;
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (R sedale) Pare 15
Third: If additional monies are needed to satisfy the Special Tax Requirement for
Facilities after the first two steps have been completed, then the Special Tax A shall
be levied Proportionately on each Assessor's Parcel of Other Taxable Property in
Zone 1 and Zone 2 at up to the Maximum Special Tax A for Other Taxable Property.
2. Special Tax B
Commencing with Fiscal Year 2012-2013 and for each following Fiscal Year, the
Council shall determine the Special Tax Requirement for Services and levy the
Special Tax B, taking into consideration the levy of the IA No. 1 Special Tax B, until
the amount of Special Tax B and IA No. 1 Special Tax B equals the Special Tax
Requirement for Services. The Special Tax B shall be levied each Fiscal Year as
follows:
First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of
Developed Property in Zone 1 and Zone 2 at up to 100% of the applicable Maximum
Special Tax B as needed to satisfy the Special Tax Requirement for Services; and the
Council shall be notified that under the terms of the IA No. 1 RMA, the IA No. 1
Special Tax B shall be levied on each Assessor's Parcel of IA No. 1 Developed
Property in Zone 1 and Zone 2 at up to 100% of the applicable lA No. 1 Maximum
Special Tax B as needed to satisfy the Special Tax Requirement for Services;
Second: If additional monies are needed to satisfy the Special Tax Requirement for
Services after the first step has been completed, the Special Tax B shall be levied
Proportionately on each Assessors Parcel of Undeveloped Property in Zone 1 and
Zone 2 at up to 100% of the Maximum Special Tax B for Undeveloped Property; the
Council shall be notified that under the terms of the IA No. 1 RMA, the IA No. 1
Special Tax B shall be levied Proportionately on each Assessor's Parcel of IA No. 1
Undeveloped Property in Zone 1 and Zone 2 at up to 100% of the IA No. 1
Maximum Special Tax B for Undeveloped Property.
3. Backup Special Tax A
The Backup Special Tax A payment may be levied on any Assessor's Parcel as
required in Section D.
4. One -Time Special Tax
The One -Time Special Tax may be levied on any Assessor's Parcel as required in
Section E.
Notwithstanding the above, under no circumstances will the Special Tax A or Special Tax B
levied in any Fiscal Year against any Assessor's Parcel of Residential Property be increased
as a consequence of delinquency or default by the owner or owners of any other Assessor's
Parcel(s) within IA No. 2 by more than 10% above the amount that would have been levied
in that Fiscal Year had there never been any such delinquencies or defaults. To the extent
that the levy of the Special Tax A or Special Tax B on Residential Property is limited by the
City of Azusa October 24, 2011
lA No. 2 of CFD No. 2005.1 (Rosedale) Page 16
H.
I.
provision in the p
Assessor's Parcel
100% of the Max
EXEMPTIONS
ions sentence, the levy of the Special Tax A or Special Tax B on each
Non -Residential Property shall continue in equal percentages at up to
an Special Tax.
1. Special Tabs A
No Special Tax A shall be levied on up to 20.36 Acres of Property Owner
Associatiot Property and Public Property in Zone 1 and up to 7.35 Acres of Property
Owner Ass ciation Property and Public Property in Zone 2. Tax-exempt status will
be assigne by the CFD Administrator in the chronological order in which property
becomes Pi operty Owner Association Property or Public Property. However, should
an Assesso 's Parcel no longer be classified as Property Owner Association Property
or Public Property its tax-exempt status will be revoked.
Property O net Association Property or Public Property that is not exempt from
Special Ta A under this section shall be subject to the levy of the Special Tax A and
shall be tax d Proportionately as part of the third step in Section G.I above, at up to
100% of the applicable Maximum Special Tax A for Other Taxable Property.
2.. Special T4 B
No Special jCax B shall be levied on Property Owner Association Property and Public
Property.
Any landowner or resident may file a written appeal of the Special Tax on his/her property
with the CFD Administrator. provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must
be paid on or befor the payment date established when the levy was made. The appeal must
specify the reasom why the appellant claims the Special Tax is in error. The CFD
Administrator shal review the appeal, meet with the appellant if the CFD Administrator
deems necessary, id advise the appellant of its determination. If the CFD Administrator
agrees with the ap llant, the CFD Administrator shall eliminate or reduce the Special Tax
on the appellant's property and/or provide a refund to the appellant. If the CFD
Administrator disagrees with the appellant and the appellant is dissatisfied with the
determination, the ppellant then has 30 days in which to appeal to the Council by filing a
written notice of a eal with the City Clerk, provided that the appellant is current in his/her
payments of Speci Taxes. The second appeal must specify the reasons for its disagreement
with the CFD Ad 'nistrator's determination.
Interpretations ma be made by the Council by ordinance or resolution for purposes of
clarifying any vagness or ambiguity in this Amended and Restated Rate and Method of
Apportionment.
City of Azusa - October 24, 2011
IA No. 2 of CFD No. 2005-1 ( sedale) - - Page 17
I MANNER OF COLLECTION
The Special Tax A and Special Tax B shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes; provided, however, that IA No. 2 may directly
bill the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
The Backup Special Tax A and One -Time Special Tax shall be paid directly to the City by,
or on behalf of, the Builder or property owner.
K. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section K
"CFD Public Facilities" means either $11.5 million in 2012 dollars, which shall increase by
the Construction Inflation Index on July 1, 2013, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities to be provided by IA No. 2 under the authorized bonding program for IA No.
2, or (ii) shall be determined by the Council concurrently with a covenant that it will not
issue any more Bonds to be supported by Special Taxes levied under this Amended and
Restated Rate and Method of Apportionment.
"Construction Inflation Index" means the annual percentage change in the Engineering
News -Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News -Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance public facilities costs.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct facilities eligible
trader the Act.
"Outstanding Bonds" means all Previously Issued Bonds which are deemed to be
outstanding under the Indenture after the first interest and/or principal payment date
following the current Fiscal Year.
"Previously Issued Bonds" means all Bonds that have been issued by IA No. 2 prior to the
date of prepayment.
I. Prepayment in Full
City of Azusa October 24, 2077
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 18
The obligation
permanently sat
for Assessor's
building permit
respect to such.
Parcel intendin
Administrator v
written notice, t
of such Assess(
providing this si
occurring date tl
may be given tc
The Prepay
(capitalized
Bon(
plus
plus
plus
plus
less
less
Total:
As of the pro
calculated as
1. Confirm
of an Assessor's Parcel to pay the Special Tax A may be prepaid and
isfied as described herein; provided that a prepayment may be made only
Parcels of Developed Property or Undeveloped Property for which a
has been issued, and only if there are no delinquent Special Taxes with
Assessor's Parcel at the time of prepayment. An owner of an Assessor's
g to prepay the Special, Tax A obligation shall provide the CFD
lith written notice of intent to prepay. Within 30 days of receipt of such
to CFD Administrator shall notify such owner of the prepayment amount
)is Parcel. The CFD Administrator may charge a reasonable fee for
;rvice. Prepayment must be made not less than 45 days prior to the next
tat notice of redemption of Bonds from the proceeds of such prepayment
the Trustee pursuant to the Indenture.
Amount (defined below) shall be calculated as summarized below
as defined below):
Redemption Amount
Redemption Premium
Future Facilities Amount
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
s Prepayment Amount
date of prepayment, the Prepayment Amount (defined below) shall be
no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assesso 's Parcels of Developed Property, compute the Maximum Special Tax
A. For Asse sor's Parcels of Undeveloped Property for which a building permit has
been issued, compute the Maximum Special Tax A for that Assessor's Parcel as
though it wE s already designated as Developed Property, based upon the building
permit which has already been issued for that Assessor's Parcel.
3. Divide the aximum Special Tax A computed pursuant to paragraph 2 by the total
estimated Maximum Special Tax A for the entire IA No. 2 based on the Developed
Property Special Tax A which could be charged in the current Fiscal Year on all
expected development through buildout of IA No. 2, excluding any Assessor's
Parcels which have been prepaid.
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (R sedale) Page 19
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the 'Bond
Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the 'Redemption Premium").
6. Compute the current Future Facilities Costs.
Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal
Year which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12. Verify the administrative fees and expenses of IA No. 2, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit ("Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associate with the redemption of Outstanding Bonds as a result of the prepayment, or
(b) the amount derived by subtracting the new reserve requirement (as defined in the
Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 3 by the expected balance in the capitalized interest
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005-1 (Rosedale) Page 20
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
15. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant
to paragr phs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraph 13 and 14 (the 'Prepayment Amount").
16. From the repayment Amount, the amounts computed pursuant to paragraphs 4, 5,
11, 13 and 14 shall be deposited into the appropriate fund as established under the
Indenture d be used to retire Outstanding Bonds or make debt service payments.
The annourit computed pursuant to paragraph 7 shall be deposited into the
Improvement Fund. The amount computed pursuant to paragraph 12 shall be
retained bv IA No. 2.
The Special Tax A Prepayment Amount may be sufficient to redeem other than a $5,000
increment of E onds. In such cases, the increment above $5,000 or integral multiple
thereof will be etained in the appropriate fund established under the Indenture to be used
with the next prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax A levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax A levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Tax A and the
release of the Special Tax A lien on such Assessor's Parcel, and the obligation of such
Assessor's Parqcl to pay the Special Tax A shall cease.
Notwithstandi the foregoing, no prepayment will be allowed unless the amount of
Maximum Special Tax A that may be levied on Taxable Property (based on expected
development at build out) after the proposed prepayment, less expected Administrative
Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal
payments on all Outstanding Bonds (excluding Bonds to be redeemed by such
prepayment anc all prior prepayments) in each future Fiscal Year and such prepayment
will not impaira security of all Outstanding Bonds, as reasonably determined by the
CFD Administ tor.
The Special Ta$ B may not be prepaid.
2. Prepayment inlPart
The Special Tax A on an Assessor's Parcel of Developed Property or an Assessor's Parcel
of Undeveloped Property for which a building permit has been issued may be partially
prepaid. The Partial Prepayment Amount shall be calculated as in Section K.1; except
that a partial prepayment shall be calculated according to the following formula:
PP = [(PE -AE) x F] + AE
City of Azusa October 24, 2011
lA No. 2 of CFD No. 2005-1 (R sedate) pare 21
These terms have the following meaning
AE = the Administrative Fees and Expenses
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section K.1
F = the percentage by which the owner of the Assessor's Parcel is partially
prepaying the Special Tax A.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax A and the
percentage by which the Special Tax A shall be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of
the Special Tax A for an Assessor's Parcel within thirty (30) days of the request and may
charge a reasonable fee for providing this service. With respect to any Assessor's Parcel
that is partially prepaid, the City shall (i) distribute the funds remitted to it according to
Section K.1, and (ii) indicate in the records of IA No. 2 that there has been a partial
prepayment of the Special Tax A and that a portion of the Special Tax A with respect to
such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining
Maximum Special Tax A, shall continue to be levied on such Assessor's Parcel pursuant
to Section G.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount
of Maximum Special Tax A that may be levied on Taxable Property (based on expected
development at build out) after the proposed prepayment, less expected Administrative
Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal
payments on all Outstanding Bonds (excluding Bonds to be redeemed by such
prepayment and all prior- prepayments) in each future Fiscal Year and such partial
prepayment will not impair the security of all Outstanding Bonds, as reasonably
determined by the CFD Administrator.
3. Bond Call based on Backup Special Tax A
The Prepayment Amount for a Backup Special Tax A payment shall equal the amount
necessary to call Bonds based on steps 4, 5, 12, 13, and 14 of Section K.1. above such
that the total Special Tax A revenues available in any Fiscal Year (i.e., the Expected
Special Tax A Revenues from step 2 of Section D above for the Planning Area for which
the Backup Special Tax A payment is being made plus the Required Special Tax A
Revenues from all other Planning Areas as adjusted to the date of calculation and both
escalated by 2% per Fiscal Year) less anticipated annual Administrative Expenses as of
the date of calculation will be approximately equal to (but not less than) 110% of the debt
service on the Outstanding Bonds during the current Fiscal Year and all future years.
From the Backup Special Tax A payment, the amounts computed pursuant to paragraphs
4, 5, 13, and 14 shall be used to retire Outstanding Bonds. The amount computed
pursuant to paragraph 12 shall be retained by IA No. 2.
The Maximum Special Tax A shall not be reduced as a result of a Backup Special Tax A
payment.
City of Azusa October 14, 2011
IA No. 2 of CFD No. 1005-1 (Rosedale) Page 22
L.
The Special Tax A,Backup Special Tax A. and One -Time Special Tax shall be levied for a
period not to excee fifty years commencing with Fiscal Year 2012-2013. The Special Tax
B shall be levied as long as necessary to meet the Special Tax Requirement for Services.
V2R1A%L\ 2 Amendcd RMAVA2_RMA_09Ad
City of Azusa October 24, 2011
IA No. 2 of CFD No. 2005.1(Ro edale) Pare 23
EXHIBIT A
PLANNING AREAS
Planning Area
Description
Planning Area I (GPI)
Lots 1, 2, 3, 4, 5, and 6 of
Zone 1
Tract No. 66141
Planning Area 2 (GP2)
lots 9, 10, 11, and 12 of
Zone 1
Tract No. 66141
Planning Area 3 (GP3)
Lots 7 and 8 of
Zone 1
Tract No. 66141
Planning Area 4 (TI)
Lots 13, 14. 15, 16, 17, 18, and 19 of
Zone I
Tract No. 66141
Planning Area 5 (Transit 2)
Assessor's Parcels 8625-005-040
Zone 2
and 8625-005-041
[Insert Planning Area Map here]
EXHIBIT B
CERTIFICATE OF REDUCTION IN SPECIAL TAXES
City of Azusa
IA No. 2 of CFD No. 2005-1
1. Pursuant to Section F of the Amended and Restated Rate and Method of Apportionment, the
Maximum Special Tax A for Developed Property for [certain or all] Land Use Classes within IA
No. 2 has been reduced.
2. The calculations made pursuant to Section F were based upon a Price Point Study that was
received by the CFD Administrator on
3. Tables 1 and 2 below shows the Maximum Special Tax A for each Land Use Class after such
reduction.
Table 1
Maximum Special Tax for Developed Property
Zone 1
Lead Lase
....'Desorption
RestdgMhal Floor Area
Maximum Special Tax A
I
Residential Property
- > 1,950 SF
[$ ] per dwelling unit
2
Residential Property
117-51 -1950 SF
per dwelling unit
3
Residential Property
1.551 - 1175-0 SF
$ 1 per dwelling unit
4
Residential Property
1,401 -1,550 SF
$ 1 per dwelling unit
5
Residential Pro
< 1.401 SF
$ dwellin unit
6
Non -Residential Pro
NA
$ r Acre
Table 2
Maximum Special Tax for Developed Property
Zone 2
Land Use;:
,'Descnption
Residential Floor Area ,
Maximum Special Tax A
Class
.> . _. ,.
1
Residential Property
> 1.300 SF
]$ ] per dwelling unit
2
Residential Property
1.201 - 1,300 SF
is I per dwelling unit
3
Residential Property
< 1.201 SF
Is I per dwelling unit
4
Non -Residential Property
I NA
[$_I per Acre
Certificate of Reduction
Page 2
4. Upon execution of th
notice of Special Tax
forth herein for the P
Tax Lien shall be recc
previously calculated
Submitted
CFD ADMINISTRA
0
Special Taxes
certificate by CFD No. 2005-1, CFD No. 2005-1 shall cause an amended
en for lA No. 2 to be recorded reflecting the Maximum Special Tax A set
lessor's Parcels listed in Attachment A. No amended notice of Special
Jed for Assessor's Parcels listed in Attachment B (One -Time Special Tax
Date:
By execution hereof, the u idersigned acknowledges, on behalf of CFD No. 2005-1, receipt of this
certificate and modificatio i of the Amended and Restated Rate and Method of Apportionment for
the Assessor's Parcels listc d in Attachment A as set forth in this certificate.
CITY OF AZUSA CFD NO, 2005-1
By: Date as of:
[date of issuance of Bonds]
EXHIBIT C
CERTIFICATE OF NO REDUCTION IN SPECIAL TAXES
City of Azusa
IA No. 2 of CFD No. 2005-1
All calculations required pursuant to Section F of the Amended and Restated Rate and
Method of Apportionment have been made based upon a Price Point Study that was received
by the CFD Administrator on
2. The Total Tax and Assessment Obligation for all Plan Types in a Land Use Class is less than
or equal to 2.00% of the Price Point for such Plan Type.
3. The Maximum Special Tax A for Developed Property within IA No. 2 set forth in Section
C. L(a) of the Amended and Restated Rate and Method of Apportionment shall remain in
effect and not be reduced.
Submitted
CITY OF AZUSA CFD NO. 2005-1
Date as of:
[date of issuance of Bonds]
-7/3/2o/
v
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT NEIUBER, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: JULY 2, 2012
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa
Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On June 26, 2012,the Personnel Board confirmed the following Department Head recommendation regarding the following
Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
PD Debbie Ursua Court Liaison Officer Merit Increase 9192/5
06/01/2012 $5,996.23
PD Erin Coulter Police Officer Regular 6101/2
Appointment $5,916.02
06/17/2012
UTL Ramon Office Specialist II Merit Increase 4143/5
Lomingkit 06/03/2012 $3,647.79
B. FLEXIBLE STAFFING PROMOTION:The following flexible staffing promotional appointments have been requested
by department head(s)pursuant to the Rules of the Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO. SALARY
FN Lisa Rogers From: Account Specialist II 08/18/2011 5171/3 4174/5
To: Account Specialist III $4,889.70
C. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules
of The Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
DATE BASE MO. SALARY
UTL Larry Levario Line Mechanic TBD 5218/4
$7,486.93
F. SEPARATION: The following separations are submitted for informational purposes.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE
ECD Graciela Acosta Planning Technician 06/30/2012
IT Betty Donnelson Information Tech. Analyst 06/30/2012
LIB Reed Strege Asst. Library Director 06/30/2012
PW Terri Tate Facilities Maint. Worker III 06/30/2012
PD Olga Bruno Emergency Services Coord. 06/30/2012
PD Eduardo Lomeli Police Officer Trainee 06/30/2012
PD Elaine Wanstrath Administrative Analyst 06/30/2012
FN Lisa Rogers Accounts Specialist III 06/30/2012
RFS Diana Shuttleworth Administrative Secretary 06/30/2012
RFS Adrian Martinez Recreation Coordinator 06/30/2012
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.