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Home My WebLink AboutAgenda Packet - January 19, 2010 sur: as .�,,<� ki t/, haw ib�' $,a i"x::i p5 : t .S Fri facet e' F�c � �d! • �, � ryub *.'SI * ,r r S USA; AGENDA REGULAR MEETING OF THE CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM TUESDAY,JANUARY 19, 2010 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL JOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES MAYOR PRO-TEM COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. 6:30 P.M. CLOSED SESSION 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment a. TALLEY PROPERTY Address: 619 - 621 N. Azusa Avenue, Azusa Negotiator: 621 Talley LLC b. SHANGHAI BUFFET PROPERTY Address: 1250 West Foothill Boulevard Negotiator: Fen-Lan Mu 01/19/10 - 1 - c. DALTON PROPERTIES Addresses: 303 E. Foothill Boulevard, Azusa, CA, 716 N. Dalton Avenue, Azusa, CA 726 N. Dalton Avenue, Azusa, CA 728 N. Dalton Avenue, Azusa, CA APN 8608-028-901, 903 & 905 (Parking Lot), Azusa, CA APN 8608-028-908 (Former MTA Site), Azusa, CA d. ALAMEDA PROPERTIES Address:906, 908 & 912 N. Alameda Avenue, Azusa, CA 91702 Negotiator: City Manager Delach and Assistant City Manager Makshanoff 2. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 (c) One Case. Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M. -REGULAR MEETING OF THE CITY COUNCIL. 1. Call to Order 2. Pledge to the Flag 3. Invocation—Pastor Julie Best of the Church of the Nazarene A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha - a. Request for proclamation to honor the Dignity Memorial Vietnam Wall at Rose Hills Memorial Park on March 23, 2010. b. Request for sponsorship in the amount of$100 to the Girls Varsity Softball Team of Azusa High School to go towards softball field improvements. C. SCHEDULED ITEMS 1. PUBLIC HEARING—APPEAL OF POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR CAFÉ ENTERTAINMENT PERMIT NO. CE 2007-04, LOCATED AT 1044 GLADSTONE STREET, AZUSA, APPELLANT: MARIO FLORES, (LA FONDA RESTAURANT/BAR). RECOMMENDED ACTION: Open the Public Hearing;receive testimony,close the Hearing. Waive further reading and adopt Resolution No. 10-C3, upholding the Police Department's denial of Café Entertainment Permit No. CE 2007-04. 01/19/10 - 2 - 2. PUBLIC HEARING—APPEAL OF POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR CAFÉ ENTERTAINMENT PERMIT NO. CE 2009-02, LOCATED AT 1197 ARROW HIGHWAY, AZUSA, APPELLANT: SUSANA GOMEZ, (SUSANA'S RESTAURANT). RECOMMENDED ACTION: Open the Public Hearing;receive testimony,close the Hearing. Waive further reading and adopt Resolution No. 10-C4, upholding the Police Department's denial of Café Entertainment Permit No. CE 2009-02. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 5, 2010. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. APPROVAL OF NOTICE OF COMPLETION FOR THE NORTHSIDE PARK ATHLETIC FIELD LIGHTING PROJECT AS COMPLETED BY ACE ELECTRIC IN THE AMOUNT OF$246,751.00 AND AUTHORIZE STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY CLERK. RECOMMENDED ACTION: Approve the filing of the Notice of Completion for the Northside Park Athletic Field Lighting Project as completed by Ace Electric in the amount of $246,751.00 and authorize staff to file said Notice of Completion with the Los Angeles County Clerk. 4. PURCHASE OF FOUR FORD POLICE INTERCEPTOR VEHICLES RECOMMENDED ACTION: Approve the purchase of four,2010 Ford Police Interceptor vehicles from Wondries Fleet Group, 1247 W. Main Street, Alhambra, CA 91801, in an amount not to exceed $97,229.60. Per Azusa Municipal Code Section 2-523(e),approve the purchase of these vehicles based on the competitive bid process,Order#DPO- FR-36501761-1, completed by the County of Los Angeles, for Ford Police Interceptor vehicles. 01/19/10 - 3 - 5. APPROVAL OF CONTRACT FOR AUDITING SERVICES WITH LANCE, SOLL & LUNGHARD,LLP RECOMMENDED ACTION: Approve the agreement for Auditing Services with Lance, So11 &Lunghard, LLP (LSL) and authorize the City Manager to execute the agreement. 6. CLASS SPECIFICATION REVISION—POLICE OFFICER. RECOMMENDED ACTION: The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3, that the City Council adopts the revised class specifications for Police Officer. 7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT(PSA)FOR COST ALLOCATION PLAN AND USER FEE STUDY. RECOMMENDED ACTION: Approve the professional services agreement with Revenue Cost Specialists, LLC to update the Cost Allocation Plan and User Fee Study for an amount not to exceed$31,000 and appropriate necessary funds for contract. 8. AWARD OF CONTRACT-POLICE STATION BOILER/HVAC REPLACEMENT(CIP#31010E). RECOMMENDED ACTION: Award a contract to Allison Mechanical Corporation of Redlands,California in the amount of$173,820.00 for the replacement of a boiler and 14 HVAC units throughout the Police Station (ClP #31010E). 9. A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM TARGET CORPORATION FOR SEWER IMPROVEMENT PURPOSES RECOMMENDED ACTION: Adopt Resolution No. 10-05, accepting a Grant of Easement from Target Corporation for sewer improvement purposes and authorize the City Clerk to file it with the Office of the Los Angeles County Recorder. 10. NOTICE OF COMPLETION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT #601173-09 AND #601169-09 PLAYGROUND EQUIPMENT IMPROVEMENTS AT GLADSTONE AND SLAUSON PARKS. RECOMMENDED ACTION: Accept the Gladstone and Slauson Park playground equipment improvements as complete and authorize staff to file the attached Notice of Completion with the Los Angeles County Recorder. 01/19/10 - 4- . 11. FIRST AMENDMENT TO RESTATED CITY MANAGER EMPLOYMENT AGREEMENT. RECOMMENDED ACTION: Approve the Amendment to the City Manager Employment Agreement and award a 5%performance bonus. 12. CIP #66110G, TARGET INTERSECTION IMPROVEMENTS & CIP #66110H, TARGET PEDESTRIAN IMPROVEMENTS; REQUEST TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS for STREET AND TRAFFIC IMPROVEMENTS. RECOMMENDED ACTION: Authorize staff to solicit bids for new street and traffic improvements which will complement the current Target Store development and meet the measures required to mitigate the traffic impacts. 13. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY. RECOMMENDED ACTION: Adopt Resolution No. 10-C6. E. AGENCY SCHEDULED ITEMS 1. CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 630 E. SIXTH STREET (CARDENAS PROPERTY). RECOMMENDED ACTION: Authorize the Executive Director to execute a Purchase and Sale Agreement("PSA")for the acquisition of real property located at 630 E. Sixth Street(APN: 8612-001-020). It is also recommended that the Agency Board adopt Resolution No. 10-R2, approving acquisition for this proposed purchase. 2. REDEVELOPMENT AGENCY ASSISTANCE FOR THE RELOCATION OF DALIA'S ITALIAN RISTORANTE TO 855 ALOSTA AVENUE. RECOMMENDED ACTION: Adopt Resolution No. 10-R3,which approves a$49,790.00 forgivable Agency loan to Mr. Fadl Fares and which makes certain findings as to the benefit of this loan to the Redevelopment Project Area. F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 01/19/10 - 5 - 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JANUARY 5, 2010. RECOMMENDED ACTION: Approve Minutes as written. 2. PROFESSIONAL SERVICE CONTRACTS REPORT THROUGH DECEMBER 2009 RECOMMENDED ACTION: Review and file the report. 3. FY 2008/09 ANNUAL REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RECOMMENDED ACTION: Adopt the Resolution No. 10-R4, authorizing the receipt and filing of the Annual Report for the Redevelopment Agency. 4. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY. RECOMMENDED ACTION: Adopt Resolution No. 10-R5. G. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: January 23, 2010, City Hall On The Move— 10:00 a.m. —Noon, Rancho Park- Rosedale January 25, 2010, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room) February 1, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium February 16, 2010, (Tuesday) City Council Meeting— 6:30 p.m. Azusa Auditorium In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa City Library- 729 N.Dalton Avenue,and Azusa Police Department Lobby- 725 N.Alameda,Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 01/19/10 - 6 - 111 AZUSA PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER DATE: JANUARY 19, 2010 SUBJECT: APPEAL OF THE POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR CAFÉ ENTERTAINMENT PERMIT No. CE 2007-04 LOCATION: 1044 W. GLADSTONE STREET, AZUSA APPELLANT: MARIO FLORES, OWNER OF LA FONDA RESTAURANT/BAR RECOMMENDATION Staff recommends that the City Council uphold the Police Department's denial of Café Entertainment Permit No. CE 2007-04. BACKGROUND The La Fonda Restaurant/Bar is located at 1044 W. Gladstone Street, between Vincent Avenue and Clydebank Avenue. Directly east of the restaurant is a shared parking lot that provides six(6)parking spaces and a shared drive aisle. La Fonda Restaurant/Bar shares the parking lot with J.L. Welding and Mario's Auto Repair which are located behind the restaurant. The shared drive aisle provides access for these three businesses as well as the four businesses located at 1042 W. Gladstone Street, on the east side of the drive aisle. City records show that a Conditional Use Permit C-89-14 was issued in 1989 to the property owner of 1044 W. Gladstone Street, permitting a bar in the existing La Fonda Restaurant. In.1993, a Business License was issued to Mario Flores for the La Fonda Restaurant/Bar. In 1994,pool tables were added to the business license. On October 4,2007,Mario Flores submitted an incomplete initial application for a Café Entertainment Permit to allow a disc jockey and live music entertainment at the La Fonda Restaurant/Bar(attachment A). C:\DOCUME--1\cseffer\LOCALS—I\Temp\Xpgrpwise\Final CC StaffReport DENIAL.doc Per the City of Azusa Municipal Code Section 18-169 Café Entertainment, the Chief of Police will conduct an investigation concerning the application for a Café Entertainment Permit and the business proposed"to be conducted in order to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detrimental to the public peace, health, safety, morals or welfare of the City or its inhabitants, whether because of the character of the applicant,the nature of the business or the manner in which the business is proposed to be conducted." An investigation of the Café Entertainment application was initiated by the Police Department in October, 2007. However, because of the incomplete application, no determination was made at that time. In June, 2009, the owner of La Fonda Restaurant/Bar contacted the City with the request to go forward with the application. A new application and the required supplemental information, i.e. updated fingerprints and identification photos,were submitted by the business owner on July 29,2009 (attachment B). On November 24, 2009, the request for a Café Entertainment Permit for La Fonda Restaurant/Bar was denied by the City of Azusa Police Chief(attachment C). The denial was based on a review of Police Department activity reports and other investigations of the subject property (attachment D). Per Section 18-170 of the City of Azusa Municipal Code, the denial of a Café Entertainment Permit may be appealed to the City Council. On December 13,2009,the business owner, Mario Flores, filed an application with the City Clerk's office to appeal the denial of Café Entertainment Permit CE-2007- 04 (attachment E). DISCUSSION In the appeal application Mr.Flores states that he believes there is sufficient parking to support the Café Entertainment use at the La Fonda Restaurant/Bar since the other business that share the parking lot are closed at night. He also believes that having live band entertainment is necessary for him to be competitive with other restaurants and bars in the area and that the Police Department calls for service are based on false reports by disgruntled patrons. However,as the November 24,2009 memorandum from the Chief of Police to the City Manager states, the permit denial is based on a thorough report which documents the investigation of the property and incorporates a review of multiple police activity reports, observations made during site visits, and testimony collected from neighborhood businesses, determining that to issue a Café Entertainment Permit to the La Fonda Restaurant/Bar would be detrimental to the public peace,health,safety,morals and welfare of the City and its inhabitants. FISCAL IMPACT There is no fiscal impact associated with this item. ATTACHMENTS A - Original Application B - New Application C - 11/24/09 Police Department Denial Memo D - Police Report E - Appeal Application F - Draft Resolution G - Photographs Attachment A (37Tht, FLANNINGAPPLICA11ON 7. 2" CITY OF AZUSA • ECONOMIC AND COMMUNITY o�c��r DEVELOPMENT DEPARTMENT ZS 213 E. Foothill Boulevard, Azusa, California 91702 Call 626-812-5299 for appointments or information GENERAL PROJECT INFORMATION Project address: ;2(7:;,5 Assessor's Parcel Number(s): Parcel size: Legal description: vd'Ai -7— („el e'r or" //:;1,/,<*r Project Description: Project Type (check all that apply): ❑ Design Review ❑ Minor Use Permit* ❑ Minor Variance* ❑ Use Permit* ❑ Variance* ❑ Zone Change ❑ General Plan Amendment ❑ Specific Plan ❑ Development Agreement ❑ Tentative Parcel Map ❑ Tentative Tract Map ❑ Temporary Use Permit* Other —� ' 6([4_c,i4aiIH ,. * Supplemental Application is required. APPLICANT INFORMATION Name: /e764.4-// 74/T Company: ); 64;4 /12) 1.7C11:4 - -C-V:Z/i2 74- - Address: C /6))/4/1/1 /' C c > 1 a* 1 City' State: Zi Code: Telephone : C/A , Fax: E-Mail : /17/0',1) _ :,7d/ OWNER INFORMATION Name: I 0.) - 0Jo(,) Company: Address: City: State: Zip Code: Telephone : Fax: E-Mail: Page 1 of 2 U:\RevisedHandouts2005'AppIications\PLANNING_APPLICATION_2005.doc Revised: March 25, 2005 • • • - - 4 • CITY OF AZUSA PLANNING APPLICATION PAGE 2 I CERTIFY that the foregoing statements and information are true and correct and that any submitted material, statements or plan designs are correct to the best of my knowledge. Applicant's signature P/--//11 Date: (0 • I OWNERS AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES INVE /T L(n P/c res being duly worn, depose and say that I am/w are the owne, of the property involved in this application and that the foregoing statem'snts and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my/our knowledge and belie •I _ j r"/C5 l=/nom 5 -ignature of Property Owner(s)—(Not Owner in Escrow or Lessee) Print Name Mailing Address Telephone . CYNIFILA SEFFER Commission# 1550s51 Subscrib d and sworn o b fore me, ,s+` Notary Public-California this LJ day of ben , 20y - los Angeles County My Comm.Expires Feb 5,2009 in and for the Countyof 1.--0 en,P-e,LLS State of P 9,j rte,, Notary Public ,, / ********************* ******************* ********************************* OFFICE USE ONLY General Plan Designation: Fees paid: 175 , Zoning Designation: ,b& Date submitted: oH Case Numbers c Accepted by: P t Total: I c� U:1RevisedHandouts2005Wpplications\PLANNING_APPLICATION_2005.doc Revised:March 25,2005 - 927- Ott Nano Plc es low 14), c4lotd . i t lholl,P rmI t r i' Attachment B 1 1 ro-riThl, PLANNING A �' CITY OF AZUSA *..., --,,,,,t,,, `"•` , i * 1 c •, ..; • �, ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT -14,FoceT'N• 213 E. Foothill Boulevard, Azusa, California 91702 ZUS Call 626-812-5299 for appointments or information GENERAL PROJECT INFORMATION Project address: , /0 #r9f � � !qsc . 54-i Assessor's Parcel Number(s): Parcel size: Legal description: Project Description: , , /IQ Fc3 r) --\- j )\ A c.: •(- L.o1:9-11 4,2( i tiv'. tet-iL ‘s- v c Project Type (check all that apply): 719 Design Review E Minor Use Permit* ElMinor Variance* ❑ Use Permit* E Variance* ❑ Zone Change ❑ General Plan Amendment ❑ Specific Plan ❑ Development Agreement E Tentative Parcel Map ❑ Tentative Tract Map ❑ Temporary Use Permit* ;S Other e; Vulen-t- * Supplemental Application is required. APPLICANT INFORMATION Name: eU ((,2t) 222- W/OF IA a ‘irts-k 0 Ft' 0 t`(-CS Company: l i- CA- FC) .11(\ Ct Ck R k: S-LicCi_Y 1 ./i BOX— Address: 1 oiq II vv, iciAt City: State: Zip Code: Telephone: C %\Az fl7c2 (-620 f Fax: E-Mail: ! '(,/ 2f)L( ' 5 61 ( 5 \ --5T) 1 OWNE_ INFORMATION 1 I Name. d (.7 S e t L oil Z Sucs,-n--15---- -- a -s _ _Iv lv--H , Company: 1 E Address: IC) C.: aip 711 _ r `� i 7 02- i 1 hone: 1 City: State: Zip Coae. Te ep 1 /4 2- (,)S b_._ C c P ,1 Fax: E-Mail: 1 Page 1of2 RECEIVED UARevisedHandouts2005\Applications\PLANNINC_APPLICATION_2005.doc Revised: March 25, 2005 JUL 2 c 10q CITY OF AZUSA PLANNING DIVISION CITY OF AZUSA PLANNING APPLICATION PAGE 2 I CERTIFY that the foregoing statements and information are true and correct and that any submitted material, statements or plan designs are correct to the best of my knowledge. Applicant's signature ,lid Cys/O T-74 lece_f Date: 7- u7- o7 OWNERS AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES INVE .s Z C being duly worn, depose and say that I am/w.ve are the owner(s) of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitt7d are in all respects true and correct to the best of my/our knowledge and belief(s). i S gnatute on(Property Owner(s) —(Not Owner in Escrow or Lessee) c s L L C_ L- Print Nan / y6 _s- Mailing Address ZE. S2 "3 S t Telephone Subscribed and sworn to before me, t p,_, this -7 day of J� ( u _ , 20 CH`a in and for the County of (- Iv J� t(p P/ TEFtESA SANCNEZ State of CA `�� i- i�i( 1`.. COMM.# 1720952 N NCTARY PUBLIC-CALIFCRNIA \ ' Los ANGELES COUNTY Notary Public > V MY COMM.EXP JAN 27,2011 OFFICE USE ONLY General Plan Designation: Fees paid: Zoning Designation: Date submitted: Case Number(s) Accepted by: Total: U:\RevisedHandouts2005\Applications\PLANNING_APPLICATION_2005.doc Revised, March 25,2005 Attachment C MEMORANDUM Date: November 24, 2009 To: F.M. Delach, City Manager From: Robert B . Garcia, Chief of Police Subject: Café Entertainment Permit for La Fonda Restaurant/Bar — 1044 W. Gladstone Street Based upon my review of the attached report from Corporal Jorge Sandoval and memo by Captain Sam Gonzalez, coupled with my knowledge of the activity in that area, I find that issuing a Café Entertainment Permit to La Fonda Restaurant/Bar would be detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants. Therefore, as the Chief of Police I am denying the Café Entertainment permit for the . referenced location as authorized in Azusa Municipal Code (AMC) Section 18- 169. I understand from Captain Gonzalez that Susan Cole from the Planning Division will send a letter to the applicant regarding my decision and their right to appeal to the City Y Council per AMC Section 18- 170. The applicant' s appeal process would begin byfirst filing with the City Council a written notice of appeal within ten days from the date they Y are noticed of their permit request being denied. If you have any questions or concerns, please contact me at your earliest convenience. Respectfully, Robert B. Garcia Chief of Police cc: Sonia Carvalho, City Attorney James Makshanoff, Assistant City Manager Kurt Christiansen, Community Development Director Conal McNamara, Assistant Community Development Director Susan Cole, Senior Planner Attachment D MEMORANDUM Date: October 15, 2009 To: Sam Gonzalez, Administrative Captain From: Jorge Sandoval, Administrative Corporal Subject: Café Entertainment Permit- La Fonda Restaurant/ Bar, 1044 W. Gladstone St. In order to respond to and evaluate an application for a Café Entertainment Permit at La Fonda Restaurant & Bar, 1044 W. Gladstone St., Azusa, which would allow disc jockey and live music entertainment at the existing bar, I researched law enforcement statistics. My search for the period of January 1, 2006 through September 30, 2009 revealed the following information: Part 1 Crime and Crime Report Information: 1 . La Fonda Restaurant and Bar is located in Reporting District (RD) 336. 2. The City has 107 RD' s with an average of 15 Part 1 crimes per RD in 2008 . 3 . The total Part 1 crimes for RD 336 during the time period of January 1 , 2008 thru December 31 , 2008 were 13. 4. La Fonda Bar/ Restaurant had 1 reported Part 1 crime during 2008 . (211 PC- Robbery DR#2008-0152) 5 . During the past 12 months (Oct 2008- Sept. 2009) there have been 6 reported Part 1 crimes in this RD. (none at this location) 6 . In the past 12 months, there have been 3 crime reports taken at 1044 W. Gladstone St. These reports included: 1 ) 207 PC- Kidnap (DR#2009-3629) 2) 23152 VC- DUI (DR# 2008-5968) 3) Property for Destruction (DR# 2009-3690) 1814 } {iN0:}. ,. , . .. yA i 1 6 ` % i.: jnolv-,Awys 14 5 � �J 4 ♦ d V �K:ti x i:H t4"14:/��i 1 �/1 � X9.'^ ,�,, 2 .':•.vi �.� L �f � 3 R I `4 t a ms 7S '.. r.-Ay'`%0 C Q .r "L;44 a &� k&e 2006 8 Cepx.£WitC �' v, 6 s. 2007 a12: {4 El 20082 { M } Y.$ ;#, Cl Past Year Part 1 Part 1 Crime Crimes- Crimes at Reports RD Location Taken at Location 1 • Calls for Service Information: 1. There have been 20 calls for service at La Fonda Bar/Restaurant YTD in 2009, 2. There were 22 calls for service in 2008 and 2009. 3. There were 38 calls for service in 2006. 40 z a , i ., ,, ,„ 25 ,44 , r,,'° ,i 0 2006 S9` '' fit, $ ,.,, �.Ew.' p•. ",.' <., .'a. 20 ,�f ■2007 zS 15 k� ❑2008 10PIV ❑2009 YTD ri5 0 `lt. & Calls for Service In reviewing the call history for the period of 1/1/2006—9/30/2009, I saw that the following were of most concern: A. 7 calls related to DUI's (23152 VC). B. 8 calls related to intoxicated subjects (647F PC). C. 8 calls related to subjects disturbing the peace and/or fighting. Calls for Service- Location Comparison: As part of my research on this permit application, I did a"calls for service" comparison between La Fonda and these four comparable establishments: Acapulco Restaurant (valid café entertainment permit), Il Forno (valid café entertainment permit), Casa Blanca(no permit) and D Club (no permit). 1000 „, .,fl wg s • 800 : s l` a I ` .' I 0 La Fonda 600 `3',,r 4 1 ■Acapulco x 40, 4 h, ❑II Forno 400 `: „ ,. 0 Casablanca 200 4 , l r " �t ■D Club 0j Z " �g Calls for Service 2 1. D Club had an extremely higher number of calls for service and has been a problematic location for law enforcement. 2. Casablanca Bar had similar types of calls and similar stats in these categories: 647F (public intoxication), 415 Subjects (disturbing the peace) and 415 Fights. 3. Il Forno had a low number of calls for service with no documented major issues. 4. Although Acapulco had 151 calls for service, more than half(81 or 54%) were due to relatively minor issues: (40) 911 hang up calls from a pay phone, (22) traffic stops and (19) burglary alarm activations. Acapulco did have a lower number of DUI and 647F calls (1 & 2 respectively) compared to La Fonda (7 & 8 respectively). Arrest Comparison: A query of the local records management system (RMS —print outs attached) for arrests made at La Fonda and comparable establishments from 1/1/06 to date revealed the following: 100 80 0 D La Fonda 60 0 Acapulco • 40 .11 Forno 0 0 Casablanca 20 ■gr D Club Number of Arrests Neighborhood Canvas: On October 1, 2009, Sam Jauregui and I conducted a canvass of several businesses near La Fonda Bar & Restaurant. My purpose for the canvass was to seek comments from nearby business owners/ employees. I spoke with Victor Cruz and Gerardo Vasquez at 1046 W. Gladstone St. Victor Cruz is the brother of Jose Cruz; Jose is the owner of J.L. Welding. Jose Cruz also owns the property on which La Fonda Bar& Restaurant is located. Both Victor Cruz and Vasquez told me they did not have any negative comments about La Fonda Bar & Restaurant. Both denied having experienced any negative quality of life issues resulting from the activities at La Fonda. I spoke with at Cities Towing, 1048 W. Gladstone St. I asked him if he had any comments about La Fonda and if his business has been affected by their nightly operations. 3 told me that he has been employed by Cities Towing for several years. During the past 12 months, approximately seven of the company's tow trucks have been damaged by patrons of the bar. The damage has mostly been caused by patrons driving out of the bar and striking the trucks with their vehicles. explained that when the bar gets busy, many patrons park in an unorganized manner, in the parking lot of the bar. He believes that a lot of the damage is caused by a combination of factors, which include: intoxicated drivers, lack of available organized parking, and the fact both businesses share a common parking lot and driveway. has also witnessed what he estimated to be 10 fights at the bar during the previous 12 months. Most of the fights he has witnessed have commonly occurred on weekends. He has also occasionally seen subjects urinate in the planter areas in front of the bar. I spoke with Catalina Pacific Concrete, 1030 W. Gladstone St. This business is located two businesses east of La Fonda. -told me she was unaware of any problems her company has had related to the activities at La Fonda. I spoke with 1026 W. Gladstone St. (Allied Marble & Granite). He also told me he was unaware of any issues caused by La Fonda. Site Visit: On October 1, 2009, at 1100 hours, I went to LA Fonda Bar & Restaurant. I was accompanied by Sam Jauregui. I spoke with Rafael Flores, who is the brother of the La Fonda's owner, Mario Flores. While I spoke with him he walked me around the interior of the establishment. I saw that it was clean and mostly organized. He showed me all current applicable city and state permits, which he had clearly displayed behind the sales counter. Based on my past patrol experience with the bar, I inquired about the current use of the south facing rear door of the establishment and about the current security measures being employed at the location. In the past, patrons commonly exited through the rear door and congregated in the rear of the building. Flores told me that the rear door is kept unlocked during business hours and is to be used as an emergency exit only. He has a sign posted above a doorway leading to the emergency door. The sign states that area is for employees only. There is also a second sign which clearly identifies that door as an "emergency exit". There were no visible physical obstructions to this door. (See attached photos) In regards to the current security situation, Flores told me the business has recently had problems retaining a reliable security company. The most recent security company was fired about "twenty days ago". He and Mario Flores are in the process of contracting two individuals to do their security work. When I inquired about the qualifications of these 4 individuals, Flores admitted that he did not believe either individual had a guard card nor were they licensed by the state. During my visual inspection of the exterior of the building, I saw that there are no marked parking stalls, which in my opinion leads to an unorganized parking situation. The parking problem is compounded by the fact that the businesses at 1044, 1046 and 1048 W. Gladstone Street all share a common entry/exit driveway and that the parking lot is not large enough to accommodate a high volume of vehicles. (Please see attached photographs). Department of Alcohol Beverage Control (A.B.C.) Research: I researched La Fonda Restaurant & Bar's A.B.C. license status and history. I found that La Fonda Restaurant & Bar Type 41 license (on-sale beer& wind—eating establishment) is valid; however, it is currently on a"Revocation Stayed" status. La Fonda recently served a 35 day suspension for violating sections 24200.5(b) B&P, 25657(a) (b) B&P, and 303 PC. This suspension was in effect from 1/2/09 -2/6/09. The restaurant/bar was previously sanctioned by A.B.C. for essentially the same violations as listed above and served a 20 day suspension from 5/22/03 —6/11/03. A.B.C.'s decision at that time on the alcohol license was also, "Revocation Stayed." The primary violations in these two cases are 25657 (a) and (b) B&P which state: It is unlawful: (a)For any person to employ, upon any licensed on-sale premises, any 'person for the purpose of procuring or encouraging the purchase or sale of alcoholic beverages, or to pay any such person a percentage or commission on the sale of alcoholic beverages for procuring or encouraging the purchase or sale of alcoholic beverages on such premises. (b)In any place of business where alcoholic beverages are sold to be consumed upon the premises, to employ or knowingly permit anyone to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of or visitor in, such premises to purchase any alcoholic beverages for the one begging or soliciting. Every person who violates the provisions of this section is guilty of a misdemeanor. I obtained the above information from A.B.C.'s website and confirmed it with their Monrovia office. 5 (Please see attached printout of A.B.C.'s License Query System Summary dated 10/18/09) On 10/13/2009 I returned to La Fonda and took several photographs of the location. These photos included interior and exterior shots. I also again spoke with Rafael Flores and inquired about his existing surveillance/security system. He told me that his current equipment is only capable of being viewed live. I asked to see his DVR system and found it to be old and in poor condition. (Please refer to attached photos) Criminal History—Applicant: Applicant Mario Flores submitted his fingerprints to the California Department of Justice as required as part of this investigative process to examine his criminal history information. The results of that submission were received and revealed the following regarding Mr. Flores: MArrested in 1995 by AZPD for 148(A) PC — Obstructing/Resisting a Public Officer; D Cited in 2006 by AZPD for 25657(B) B&P—Begging/Soliciting Alcohol; See attached fingerprint report for further details. Recommendation: Although La Fonda is located in an R.D. with a Part I crime rate slightly below the City average (13 vs. 15), there are several areas of concern: 1. CFS history related to drunk drivers, public intoxication and disturbing the peace and/or fighting (see page 2, Calls for Service Information). 2. Cities Tow manager's concerns regarding (7) tow trucks being damaged in the parking lot by patrons of La Fonda; his observation of approximately (10) fights at the bar; and all this activity occurring over the past 12 months (see page 3 & 4, Neighborhood Canvas). 3. The parking lot being too small to accommodate patrons of La Fonda, J.L. Welding and Cities Tow (1044, 1046 and 1048 W. Gladstone respectively), which was confirmed by my site visit and statements by the manager of Cities Tow (see page 4, Site Visit and page 2, Calls for Service Information). 4. A.B.C. disciplinary history for the same violations in 2003 and 2009; moreover, that their alcohol license currently is in a, "Revocation Stayed" status. That is, future violations of this nature will lead to their license being revoked. (See page 5, A.B.C. Research) 6 5. The number of arrests at La Fonda being far greater than that of Acapulco and Il Forno (valid Café Entertainment holders) and slightly higher than Casa Blanca Bar, whose application for a Café Entertainment permit was denied in June 2009. 6. Applicant Mario Flores' criminal history. Therefore, based on the above areas of concern, the information compiled during this review process and on my professional law enforcement experience, I believe that granting a Café Entertainment Permit to La Fonda Restaurant/Bar would be detrimental to public safety. I recommend that La Fonda Restaurant/Bar application for said permit be denied. Please feel free to contact me at extension 3211 if you have any questions or concerns, or if I can be of any further assistance. Jorge Sandoval, Corporal Administrative Division 7 ATTACHMENTS 1. 2007 and 2009 City of Azusa Café Entertainment Permit applications - 6 pages 2. California Department of Alcoholic Beverage Control - License Query System Summary as of 10/18/2009—2 pages 3. CAD Complaint Total Report- La Fonda (10/8/2009) —2 pages 4. CAD Complaint Total Report- D Club (10/8/2009)—2 pages 5. CAD Complaint Total Report- Casablanca (10/8/2009)- 2 pages 6. CAD Complaint Total Report- Acapulco (10/8/2009)— 1 page 7. CAD Complaint Total Report- I1 Forno- 1 page 8. CAD Complaint Summary Report (10/8/2009) —All Calls for Service at La Fonda, 1044 W. Gladstone St. (History of 1/1/2006- 9/30/2009)— 15 pages 9. California DOJ fingerprint results for Applicant Mario Flores—3 pages 10. RMS arrest statistics for La Fonda and four comparable locations — 11 pages 11. Photos Taken of La Fonda Restaurant and Bar- 10/13/2009 8 Attachment E . . • • ... ,,,„ :„ • --rfij% AzusA A NOTICE OF APPE.A . C !T.VCL .P.Y\L prICITY OFJ k TOTELE CiTY COU &ct% As: 3 vr. C.C1 ' • CiTY OF ' �t� 1�.Z[1SI�1- - OF THE CITY OF AZUSA FROM ACTION OF THE AZUSA PLANNING COMMISSION ],_. , The undersigned hereby appeals to the City Council of the City of Azusa , California , from a decision made by the Azusa Planning Commission, and petitions for a public hearing on said decision . Whereas the Azusa Planning Commission , on the date of -_ : :: I . , in reference to Case Number -- T - - .. .,-- , by Planning Commission Resolution Number , took the following action : And , whereas the undersigned believes that the Planning r• Commission did, ( a ) err in its findings and/or decision ; (b ) failed to conform to the requirements of the Zoning Chapter of the Azusa Municipal Code as follows : .?.r•,-- �• f 't ''�'_ 4 rf f f r,...,. - -j v„"- And , whereas by the granting of this appeal , the public necessity , convenience , welfare , or good planning practice would be served as follows : Therefore , the undersigned does hereby respectfully request the City Council of the City of Azusa , California , to hear this 3 appeal , and take action to : - _, y A .-'• Signed : , f ��f. . f T ,,f,. ( Date ) '• . Address : ,-. : _. ZJ" 'ter' t'4 • j b ;�\ .. ! .... ;•rte•- Relationship of Appellant tosaid Action : °y Applicant "j Resident Owner Other ( Specify ) 4. To be filed in triplicate in the Office of the City Clerk . of the City of Azusa . An appeal fee of f ' , will L. be required . December 13,2009 City of Azusa Economic and Community Development Department 213 E.Foothill Blvd. Azusa,CA 91702 Re:Café Entertainment Permit CE-2007-04 To Whom It May Concem: This letter is in response to the denial of granting La Fonda Restaurant/Bar a Café Entertainment Permit.I would like to appeal this decision and request a public hearing per Section 18-170 of the City of Azusa Municipal Code. Although I understand how the findings of the investigation were presented,I feel the need to explain and add more detail from my point of view. I,Mario Flores have owned and operated La Fonda Restaurant/Bar since 1992. La Fonda is a small establishment that is family operated.I am involved in the day to day activities of the restaurant/bar operations. My restaurant has not had a major crime resulting in death of serious personal injury. We have had incidents where patrons have been denied access due to being minors, their drunken state and/or not conforming to the establishment's dress code.A few of these incidents did get a little out of hand with the door security and myself or my staff are the ones who contacted the Police Department. To my knowledge we only had one incident where a patron called the police. We had an individual who was denied entrance due to his intoxicated state.He was so intoxicated that he forgot where he left his bicycle and called the police to report the theft of his bicycle.When in fact his bicycle was not stolen,it was found the following day behind the restaurant and remain there to this date. As for the 20 calls for service in 2009,we have not had officers go to my establishment 20 times. The only thing I can attribute this to a personal vendetta that a few individuals have towards me and my staff because they were denied access to the restaurant/bar due to my staff's personal knowledge of questionable activities they were involved in at a neighboring establishment.As I said,La Fonda is a small restaurant/bar. We have developed a great camaraderie with many of our regular patrons. Through these relations we have been informed that there are a few individuals who are determined to cause havoc and make false reports so that my business will be shut down. Page 1 of 2 As for the shared parking with the other 2 businesses not being large enough to accommodate the high volume of vehicles for the 3 businesses; First and foremost, La Fonda's peak operating hours are in the evening after the other businesses are closed. I also own Mario's Auto Repair located at 1048 W. Gladstone, which is one of the businesses on the lot and I have an agreement with the business owner of 1046 W. Gladstone to use their parking after hours. The restaurant/bar is located in an industrial area; there is not a lot of other business traffic in the evening to night hours. Therefore there is plenty of parking to accommodate a high volume of vehicles. In addition to my addressing the findings of the investigation, I also wanted to add that as the owner of La Fonda I do take extra precautions to provide a safe environment for my staff and patrons. I provide unarmed licensed security guards; I also have taxi service readily available for the patrons. In the 17 years of being in business I have offered some sort of live band entertainment without any major incident. The live entertainment is the biggest contributing factor to my businesses revenue. Without this I do not see how I can compete with neighboring establishments and will be forced to close my business. Not only will this affect my livelihood, but the livelihood of my family, but it will also be less revenue for the city and state. Therefore I beg of you to please re-consider my application and grant the permit. Sincerely, Mario Flores Owner //Qr e 7 res Page 2 of 2 Attachment F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE DEPARTMENT DENIAL OF A CAFÉ ENTERTAINMENT PERMIT FOR THE LA FONDA RESTAURANT/BAR, LOCATED AT 1044 GLADSTONE STREET, AZUSA, CALIFORNIA WHEREAS, Pursuant to Municipal Code Section 18- 169 Café Entertainment, the City of Azusa Police Department Chief of Police may approve or deny an application for a Café Entertainment Permit, based on an investigation concerning the application and the business proposed to be conducted; and WHEREAS, On November 24, 2009, the City of Azusa Police Department Chief of Police denied Café Entertainment Permit application No. CE 2007-04 for the La Fonda Restaurant/Bar, located at 1044 W. Gladstone Street, Azusa; and WHEREAS, Pursuant to Municipal Code Section 18- 170 - Café Entertainment, the applicant of the denied Café Entertainment Permit may appeal to the City Council within ten days of the denial. On December 13 , 2009, the applicant, Mario Flores, owner of the La Fonda Restaurant/Bar, filed an appeal of the denial to the City Council; and WHEREAS, the City Council of the City of Azusa has held a public meeting on January 19, 2010, with respect to the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1 : That the City Council does hereby uphold the City of Azusa Police Department denial of the Café Entertainment Permit CE-2007-04 and does also require that the applicant, Mario Flores, owner of the La Fonda Restaurant/Bar, shall cease to offer café entertainment without a valid permit. SECTION 2: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 19th day of January, 2010. JOSEPH ROCHA, MAYOR Resolution No. January 19,2010 Appeal Denial ofCE2007-04 Page 2 of 2 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 19th day of January,2010 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attorney Attachment G i 1. i, u I i l' '' Imo , AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGERI, k DATE: JANUARY 19, 2010 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 January 12, 2010 the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ' ACTION/EFF RANGE/STEP DATE BASE MO SALARY UTL Martin Czarnota Meter Reader Merit Increase 5179/4 12/19/2009 $4681.83 UTL Emauel Cardoso Water Dist. Worker I Merit Increase 5167/3 12/23/2009 $3977.09 PW Carl Hassel Asst. Dir. of PW/City Eng. Merit Increase 3531/5 09/17/2009 $9948.52 UTL Manuel Sencion Customer Serv. Rep. I Merit Increase 5154/3 10/15/2009 $3510.35 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. ti-) 11(4)).)t ,,, 1111 10 h IA- O 2) a57 f Ti t AZUSA CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F. M. DELACH, CITY MANAGER/NO F DATE: JANUARY 19, 2010 SUBJECT: APPROVAL OF CONTRACT FOR AUDITING SERVICES WITH LANCE, SOLL & LUNGHARD,LLP RECOMMENDATION It is recommended that City Council approve the attached agreement for Auditing Services with Lance, Soll & Lunghard, LLP (LSL) and authorize the City Manager to execute the agreement. BACKGROUND: The City's current contract for auditing services with LSL expired with the completion of last fiscal year's audit. Over the past several years LSL has provided the City and Redevelopment Agency with auditing and accounting services. Since LSL is familiar with the City's accounting system and procedures they are able to perform an efficient audit with minimal staff disruption. Their familiarity with the City and its operations are particularly useful during these challenging financial times. LSL is proposing a new three year contract to provide continuous and undisrupted auditing services for the City of Azusa. With regard to fees, LSL has kept the first year constant and have then applied a modest Cost of Living Adjustment of 3% which accounts towards the significant increase of hours they are required to expend in the performance of the new Auditing Standards enacted in 2008. The contract also provides for two additional option years should the City wish to continue with LSL after the initial term. In addition, the contract provides for cancellation at any time with 15 days written notice. FISCAL IMPACT: The fee proposed for the first year of the new contract remains the same as last years fee and so the budget for next year will remain consistent at $ 66,400. Of this amount, the General Fund portion will be $30,200. The remainder of the fee will be paid by Redevelopment, CDBG and the City's Light and Water Fund. The total fee will increase each year by 3.0%. Attachment: Audit Contract /� AGREEMENT THIS AGREEMENT, made and entered into this day of , ,by and between the CITY OF AZUSA, (hereinafter called "CITY") and LANCE, SOLL & LUNGHARD, LLP, a partnership of Certified Public Accountants (hereinafter called "ACCOUNTANTS'): WITNESSETH: The parties do agree as follows: 1. Recitals ' f This agreement is made and enter d into with respect to the following facts: (a) That CITY is desirous of obtaining the services of qualified certified public accountants for.the purp se of conducting annual audits of its financial books and records; and (b) That ACCOUNTANTS have demonstrated their qualifications to perform such services, and have agreed to perform such audit services, subject to the provisions of this Agreement; and 1 (c) That the legislative bod of CITY has heretofore determined that the public interest, convenience and neces ity require the'execution of this Agreement. 2. Services CITY hereby engages ACC UNTANTS' to perform`audits and examinations of the accounting books and records of CITY for the fiscal years ending, respectively, on June 30, 2010, June 30, 2011,June 30, 012, June 30, 2013 and June 30;2014. (a) ACCOUNTANTS' sh.11 conduct an examination of City's fancial statements for compliance with gene rally accepted accounting principles, as\established by the Governmental Acco ting Standards Board (GASB), each such\iscal year. The audits will be conduct-d in accordance with generally accepted audit _ standards as established by the • erican Institute of Certified Public Accountants k CPA), and shall include such • her auditing procedures as we consider tiecess., in the circumstances. It is understood by all parties that such audit procedures pare not primarily designed to and can not be relied upon to disclose all defalcations or other irregularities. Relian e for the prevention or detection of fraud, defalcations or other irregularities should be placed principally upon an adequate internal accounting system with approp ate and functioning internal controls. It is the responsibility of management of ear h entity to establish and maintain such an internal control system. AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 2010, by and between the CITY OF AZUSA, (hereinafter called "CITY") and LANCE, SOLL & LUNGHARD, LLP, a partnership of Certified Public Accountants(hereinafter called "ACCOUNTANTS"): WITNESSETH: The parties do agree as follows: 1. Recitals This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of obtaining the services of qualified certified public accountants for the purpose of conducting annual audits of its financial books and records; and (b) That ACCOUNTANTS' have demonstrated their qualifications to perform such services, and have agreed to perform such audit services, subject to the provisions of this Agreement; and (c) That the legislative body of CITY has heretofore determined that the public interest, convenience and necessity require the execution of this Agreement. 2. Services CITY hereby engages ACCOUNTANTS' to perform audits and examinations of the accounting books and records of CITY for the fiscal years ending, respectively, on June 30, 2010,June 30, 2011,June 30, 2012, June 30, 2013 and June 30,2014. (a) ACCOUNTANTS' shall conduct an examination of City's financial statements for compliance with generally accepted accounting principles, as established by the Governmental Accounting Standards Board (GASB), each such fiscal year. The audits will be conducted in accordance with generally accepted auditing standards as established by the American Institute of Certified Public Accountants (AICPA), and shall include such other auditing procedures as we consider necessary in the circumstances. It is understood by all parties that such audit procedures are not primarily designed to and can not be relied upon to disclose all defalcations or other irregularities. Reliance for the prevention or detection of fraud, defalcations or other irregularities should be placed principally upon an adequate internal accounting system with appropriate and functioning internal controls. It is the responsibility of management of each entity to establish and maintain such an internal control system. Under the requirements of the Federal Government's program covering a single audit for all federal grant funds, the compliance and financial audit will be conducted according to the requirements of the Single Audit Act of 1984 and in accordance with generally accepted auditing standards as well as generally accepted governmental auditing standards. ACCOUNTANTS' examination will be made in accordance with the standards for financial and compliance audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984; and the provision of OMB Circular A-133, Audits of State and Local Governments. ACCOUNTANTS' audit shall include all funds of CITY and CITY'S REDEVELOPMENT AGENCY. (b) ACCOUNTANTS' shall submit a report of their examination of these entities financial statements for each such fiscal year, which shall include such component unit, basic and supplementary financial statements, notes to the financial statements and an opinion as to the fairness of their presentation in conformity with generally accepted accounting principles, applicable to the various funds or state the reasons for any exceptions to said principles. ACCOUNTANTS' shall submit fifteen (15) copies of their report. Where possible, the report for the CITY will contain two sections; however, due to timing of the engagements, these may be issued separately. Section I of the report will contain both combined and combining financial statements, with appropriate notes to the financial statements. Section II will contain all the reports required by the Single Audit Act of 1984. (c) In addition to submitting a report on the examination of the financial statements of CITY, ACCOUNTANTS' shall submit fifteen (15) copies of a management letter setting forth their findings and/or recommendations on those matters noted and observed during the conduct of the examination of the financial records and developed within the scope usually associated with such an examination relating to, but not limited to,the following: (i) Improvement in systems of internal control. (ii) Improvement in accounting system. (iii) Apparent noncompliance with laws and rules and regulations. (iv) Any other material matter coming to the attention of the firm during the conduct of the examination. 3. Compensation All fees for the CITY and related entities shall be based on an hourly rate with a not-to- exceed maximum as indicated in the separately attached quote submitted to the CITY. The 2 fees due hereunder shall be paid in installments during each fiscal year, as work is done by ACCOUNTANTS'with a 10%withheld balance due upon submission of the fiscal year-end audit report(s). The fees shall be paid by the CITY within 60 days of the date on the billings. Should operation of the CITY or reporting requirements change from those present at the time of the proposal to the CITY, it is agreed that such additional work shall be billed at the rates specified in the proposal. Such extra work will not commence without the approval of the CITY. 4. Additional CITY Operations Added Should the CITY acquire or bring into its operations additional facilities which are presently leased (if any); establishment of or modify a Redevelopment Agency of the CITY; provide grant funds to a Sub-grantee, or acquire accounting control of special districts which are not now a part of its accounting activities the audit fees related to such additional work are subject to further negotiation. Also should the State of California, in the future, require a Single Audit of State Grants this special compliance audit would be subject to further arrangements. 5. CITY Facilities CITY shall not be required to furnish any office facilities to ACCOUNTANTS', but shall make available to ACCOUNTANTS' working space for such time as ACCOUNTANTS' or its employees may be required to work at the City Hall. CITY personnel shall furnish minimal assistance, as determined by the Director of Administrative Services/ CFO, to ACCOUNTANTS', in connection with the preparation of necessary schedules and the production of underlying supporting documents for ACCOUNTANTS' inspection and auditing. 6. Reports ACCOUNTANTS' shall furnish to CITY up to fifteen (15) copies of the Financial Report(s), and the Single Audit Report. Extra copies shall be provided at a flat rate of $25.00 per copy. 7. Retention of Working Papers As required, ACCOUNTANTS'will retain all audit working papers for a period of at least seven years and the relevant federal agencies can have access to such papers, as is required by the law,upon request. 3 8. Termination CITY and ACCOUNTANTS' shall have the right to terminate this Agreement, at any time,upon fifteen(15) days written notice to the other party. In event of such termination, ACCOUNTANTS' shall be entitled to compensation for services rendered through and including the date of giving of notice of termination. ACCOUNTANTS' shall not be entitled to any compensation for any services rendered by them after the giving of notice of such termination. 9. Notices Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service,postage prepaid, addressed as follows: (a) CITY: (b) ACCOUNTANTS': LANCE, SOLL&LUNGHARD Attention: Richard K. Kikuchi, CPA, Partner 203 N. Brea Blvd., Suite 203 Brea, CA 92821-4056 Notices hereunder shall be deemed to have been given pursuant to this Paragraph on the day of personal service thereof upon the party to be notified, or as of the second(2nd) day following the deposit of the same in the care and custody of the United States Postal Service. 10. Compliance with Laws In the performance of the work required by this Agreement, ACCOUNTANTS' shall abide by and conform to any and all applicable laws of the United States, State of California, and ordinances,regulations and policies of the CITY. 11. Status of ACCOUNTANTS' The performance by ACCOUNTANTS' hereunder shall be in the capacity of an independent contractor and not as an officer, agent or employee of CITY. 4 12. Completion of Work The work undertaken pursuant to this Agreement, including issuance of appropriate reports shall be completed with due diligence and quickly as possible upon notification that the City's and Agency's books are ready for audit. 13. Liability. Indemnification ACCOUNTANTS' shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees from all liability from loss damage or injury to persons or property, including the payment by ACCOUNTANTS' of any and all legal costs and attorney's fees, in any manner arising out of any negligent or intentional or willful acts or omissions of ACCOUNTANTS' in performance of this Agreement, including but not limited to, all consequential damages to the maximum extent permitted by law. Said indemnification shall include any claim that ACCOUNTANTS, or ACCOUNTANTS' employees or agents, are considered to be employees of the CITY or are entitled to any employee benefits from CITY, including but not limited to those available under Public Employees Retirement Law. 14. Insurance With respect to performance of work under this agreement, ACCOUNTANTS' shall maintain and shall require all of its subcontractors to maintain insurance as described below: (a) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. In accordance with the provisions of California Labor Code, Section 3700, every employer shall secure the payment of employee compensation. (b) Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include product/completed operations liability, owner's and contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. (c) Comprehensive automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,hired and non-owned automobiles. (d) Professional liability (errors and omissions) insurance with a limit of not less than $1,000,000. (e) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. 5 If ACCOUNTANTS', for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement,the same shall be deemed a material breach of contract. CITY, at its sole option, may forthwith terminate this Agreement and obtain damages from the ACCOUNTANTS' resulting from said breach. Alternatively, CITY may purchase such required insurance coverage, and may deduct from sums due to ACCOUNTANTS'any premium costs advanced by CITY for such insurance. However, prior to CITY obtaining such coverage, it must notify ACCOUNTANTS' of the breach of contract and afford ACCOUNTANTS' reasonable time to acquire the necessary coverage. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the day and year first above written. CITY OF AZUSA By t t.- CITY AGER LANCE, SOLL&LUNGHARD, LLP; A Partnership By: RICHARD K. KIKUCHI, CPA PARTNER 6 ro wiD Ir- AZUSA- CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR VIA: F. M. DELACH, CITY MANAGER / / / DATE: JANAURY 19, 2010 SUBJECT: CLASS SPECIFICATION REVISION RECOMMENDATION The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3, that the City Council adopts the revised class specifications for Police Officer. BACKGROUND The Police Department is in the process of commencing recruitment for lateral Police Officers, but noted an inconsistency on the job flyer. That is, it requires that applicants provide a copy of their P.O.S.T. Basic Certificate. However, qualified applicants that meet all job requirements may not actually be in possession of their P.O.S.T. certificate, but their application to the state for said certificate has been submitted by their employing agency and they are merely awaiting its arrival. Currently the language listed in the Class Specification, under Special Requirements, states that Possession of a P.O.S.T. Basic Certificate is required. The addition of the italicized language listed below will allow otherwise qualified lateral Police Officer applicants to satisfy the P.O.S.T. Basic Certificate requirement for lateral Police Officer vacancies: Possession of a P.O.S.T. Basic Certificate or validate the applicant has met all the P.O.S.T. Certificate requirements, that his/her employing agency has applied for said certificate on applicant's behalf and that they are awaiting issuance of the certificate. FISCAL IMPACTCiP451)t None. This is an administrative process. 11° a CITY OF AZUSA POLICE OFFICER DEFINITION Under general supervision, patrols an assigned area in the prevention of crime and enforcement of law and order; carries out special assignments related to departmental operations or law enforcement in general; conducts investigations; performs related duties as required. CLASS CHARACTERISTICS This is the entry level class in the professional police class series requiring sworn peace officer status. Incumbents are assigned to any of a number of functional areas within the Police Department on a rotating basis. ESSENTIAL FUNCTIONS These functions may not be present in all positions in this class. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Patrol and Traffic Safety Patrols, either in a vehicle or on foot, an assigned area during an assigned shift and looks for indicators of possible criminal activity or threats to life and property; answers calls for police services; enforces City, county, and state laws; makes field contacts and completes forms; may conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents, suspected homicides, and other criminal incidents. As a Motor Officer, patrols the City on a motorcycle or in a radar-equipped patrol unit; responds to calls related to traffic incidents and any other emergencies; observes, monitors, and controls routine and unusual traffic conditions; assists and advises motorists and enforces traffic safety laws. Makes arrests as necessary; serves warrants and subpoenas; interviews victims, complainants, and witnesses; interrogates suspects; gathers and preserves evidence; receives, searches, and books prisoners; fingerprints and transports prisoners; testifies and presents evidence in court. Contacts and cooperates with other law enforcement agencies in matters relating to the investigation of crimes and the apprehension of offenders. Writes reports and field notes; participates in staff development; attends briefings and training sessions; performs routine maintenance on assigned patrol vehicle, firearms, and other equipment. Makes traffic stops and issues warnings, citations, or makes arrests as necessary; checks vehicles and observes vehicle occupants; investigates scenes of vehicle accidents, provides emergency medical care as necessary, directs traffic and arranges for clearing of roadway, interviews drivers and witnesses and prepares reports; directs traffic at fire, special events, and other emergency or congested situations. Assists the public and answers questions; administers first aid and responds to calls for medical assistance; establishes and maintains good relationships with the general public. Investigator Coordinates and conducts complete and detailed investigations of crimes involving juveniles and adults, crimes against persons and property, and crimes involving vice, gaming and narcotics violations. Participates in all normal enforcement activities including enforcing local and State laws, issuing citations, making arrests, administering first aid, and transporting prisoners. Performs undercover and surveillance activities; interviews victims, complainants, witnesses and suspects; collects, preserves, and maintains evidence and property related to suspected crimes; serves warrants and subpoenas. Prepares investigative reports and case information; provides testimony and evidence in court. Answers questions from the public concerning local and State laws, procedures, and activities of the Department; develops and maintains good relationships with the public, including informants and contacts which may be helpful in criminal investigations. Other Functions As assigned, acts as training officer for new Police Officers; serves as field supervisor on individual calls requiring special attention; or conducts background investigations. As assigned, makes presentations before a variety of public groups to promote crime prevention activities and to enhance public understanding of Police Department activities; serves as liaison to neighborhood watch groups and schools. MARGINAL FUNCTIONS These are position functions which may be changed, deleted or reassigned to accommodate an individual with a disability. QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include successful completion of a POST certified basic academy. Knowledge, Skills and Abilities Working knowledge of modern practices and techniques of law enforcement, patrol, investigation, public relations, and report writing; Vehicle and Penal Codes; laws of arrest; rules of evidence; legal rights of citizens; court procedures. Ability to communicate clearly and concisely, both orally and in writing; observe accurately and remember faces, numbers, incidents and places; establish and maintain effective relationships with the community; use and care of firearms and small equipment; think and act quickly in emergencies, and judge situations and people accurately; represent the City in a variety of meetings; learn, understand and interpret laws and regulations; prepare accurate and grammatically correct written reports; respond to emergency and problem situations in an effective manner; understand, explain and apply policies and procedures; make clear and concise radio transmissions; understand and follow verbal and written directions; deal constructively with conflict and develop effective resolutions; work independently and demonstrative; establish and maintain cooperative working relationships; meet the established physical requirements; meet Police Officer requirements contained in the California State Government Code. Special Requirements Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. Possession of a P.O.S.T Basic Certificate or validate the applicant has met all the P.O.S.T Certificate requirements, that his/her employing agency has applied for said certificate on applicant's behalf and that they are awaiting issuance of the certificate. Candidates must meet standards of physical stature, endurance, and agility established by the City. Candidates must possess U.S. Citizenship at time of appointment.