HomeMy WebLinkAboutAgenda Packet - July 6, 2010 - CCW f.
IAW,AA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER NO
DATE: JUNE 7, 2010
SUBJECT: CIP PROJECT #66109E — ROSEDALE TRAFFIC MITIGATION;
AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT — TOPOGRAPHIC SURVEY AND MAPPING SERVICES
FOR INTERSECTIONS INCLUDED IN THE ROSEDALE TRAFFIC
MITIGATION
RECOMMENDATION
It is recommended that the City Council authorize staff to enter into a professional services
agreement with CNC Engineering for a not to exceed fee of $16,730.00 to provide topographic
survey and mapping services for intersections requiring street improvements for the preparation
of traffic signal and/or striping modifications included in the Rosedale Traffic Mitigation.
BACKGROUND
The Rosedale Environmental Impact Report identified traffic mitigation improvements at 15
intersections throughout the City. The traffic mitigation measures are required for the City's
traffic infrastructure to handle the additional traffic load created by the Rosedale project. On
September 8th, 2009 the City Council approved the contract with Transportation and Energy
Solutions, Inc. to check for applicability and prepare plans and specifications for the subject
mitigation measures that are deemed acceptable for construction. One of the mitigation measures
called for the installation of a new traffic signal at the intersection of Citrus Avenue and Mauna
Loa Avenue which is under construction. Sufficient design and layout has been completed to
identify key areas that will require civil engineering design, such as, median relocations,
modifications and miscellaneous street improvements. The Engineering Division requires
topographic survey and mapping services to support the Civil Engineering design to prepare
contract documents for the proposed traffic improvements at the following intersections:
■ Todd Avenue at the intersection of Foothill Boulevard
■ San Gabriel Avenue at the intersection of Foothill Boulevard
■ Citrus Avenue at the intersection of Alosta Avenue r
• Citrus Avenue at the intersection of Baseline Road.
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On March 15, 2010, City Council authorized staff to solicit proposals for these topographic
survey and mapping services. On April 22, 2010, staff received 10 proposals from qualified
firms. The following is the list of firms that submitted:
Bidder
CRy, State
Amount
1.
CNC En ineerin
Irvine, CA
$15,210.00
2.
B&E Engineers
Arcadia, CA
$15,344.00
3.
JMC2
San Pedro, CA
$17,250.00
4.
Gu ett Geomatics, Inc.
Corona, CA
$18,200.00
5.
Rick En ineering Co.
Riverside, CA
$22,625.00
6.
Proactive Engineering Consultants
Corona, CA
$24,100.00
7.
KDM Meridian
Lake Forest, CA
$25,880.00
8.
Huitt-Zollars
Ontario, CA
$32,500.00
9.
Johnson -Frank and Associates Inc.
Anaheim, CA
$33,400.00
10. Guida Surveying Inc.
Irvine, CA
$36,000.00
After a thorough evaluation of the bids, Public Works staff recommends award of contract to
CNC Engineering.
FISCAL IMPACT
The professional services agreement will be for a not to exceed fee of $16,730.00, which
includes an additional 10 percent for possible change orders. Funds for the topographic survey
and mapping services are available from Fund 37, CIP #66109E, Rosedale Traffic Mitigation.
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 7th day of June, 2010 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 CNC Engineering, with its principal place of business at 1 Corporate Park, Suite 101 Irvine, CA
92606 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" 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 civil engineering and land surveying
services to public 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 Topographic Survey and Mapping
Services for Todd Avenue at foothill Boulevard, San Gabriel Avenue at Foothill Boulevard, Citrus
Avenue at Alosta Avenue and Citrus Avenue at Baseline Road ("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 engineering 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 June 7th, 2010 to July 19,
2010, unless earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates, Independent Contractor. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the means,
methods and details 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
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Consultant shall also
not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due to 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 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Re uirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Ka Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more
of such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to
the City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: Sean Nazarie, P.E.
3.2.5 City's Representative. The City hereby designates Tito Haes, or his or her
designee, 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 Sean Nazarie,
P.E., 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
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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 Re lations. 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 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section.
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3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the 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 Consultant, 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); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers' Compensation and Employer's 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) General 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 used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and 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.
3.2.10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub -consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to
include contractual liability.
3.2.10.4 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) the City, its directors, officials, officers, employees, agents and volunteers shall be
covered as 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,
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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 Coverages. 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 Acceptal)i[ity of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California,
and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
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compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B) instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.3 Fees and Payments.
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 "C"
attached hereto and incorporated herein by reference. The total compensation shall not exceed
sixteen thousand seven hundred thirty one dollars ($16,731.00) without written approval of the City
Manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in 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 shall 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 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra 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.
3.3.5 Prevailin Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et ieq., as well as California Code of Regulations, Title
8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects. If
the Services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant
agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy
of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon request, and
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shall post copies at the Consultant's principal place of business and at the project site. Consultant
shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Tnspection. 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 Delivery, of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant:
CNC Engineering
1 Corporate Park, Suite 101
Irvine, CA 92606
Attn: Sean Nazarie, P.E.
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City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Tito Haes, Assistant City Manager/Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiali .
3.5.3.1 Documents & Data-, Licensing of Intellectual Property. This
Agreement creates a non-exclusive 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 expression, 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 under this Agreement ("Documents & Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
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 limited
in any way in its use of the Documents and Data at any time, provided that any such use not 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
performance 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; FurtherAets. 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 Attorne,, 'sem. 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 reason-
able attorney's fees and all other costs of such action.
3.5.6 Indemnification. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Contractor's Services,
including without limitation the payment of all consequential damages, expert witness fees, and
attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees,
agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by
each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its
directors, officials officers, employees, agents, or volunteers.
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 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 Cit 's Ri 7ht to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.13 Constriction, References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subcontractors of
Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure 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 Employinent. 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.
10
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 Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 CountenDarts. 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.
11
CITY OF AZUSA
By:��
rail M. Delach
Atte
City Manager
CNC ENGINEERING
By:
Clement N. Calvillo, Principal
City Clerk
Approved as to Form:
-91.tc�
Best Best & Krieger LLP
City Attorney
12
EXHIBIT "A"
SCOPE OF SERVICES
CNC Engineering will perform a topographic survey to serve as base plans for design of roadway
improvements for Intersections Included in the Rosedale Traffic Mitigation. The work shall include
the following:
a. Topographic Survey
Survey Limits:
■ Todd Avenue 400' north and south of Foothill Boulevard; Foothill Boulevard 400' east and
west of Todd Avenue.
■ San Gabriel Avenue 400' north and south of Foothill Boulevard; Foothill Boulevard 400'
east and west of San Gabriel Avenue.
• Citrus Avenue 400' north and south of Alosta Avenue; Alosta Avenue 400' east and west of
Citrus Avenue.
■ Citrus Avenue 400' north and south of Baseline Road; Baseline Road 400' east and west of
Citrus Avenue.
it Show public right of way and property lines.
• Establish centerline and centerline street stationing.
• Obtain elevations along cross sections at 50 ft intervals including centerline (CL), edge of
gutter (EG), flow line (FL), top of curb (TC), back of walk (BW), and right of way (R/W). If
a median is present within the cross section, provide top of curb and finish surface
elevations.
RM BW TC
EG
FL
CL
■ The diagram above is an example of a half cross-section. The proposed survey shall include
full cross-sections.
• Obtain topographic features such as driveways, poles, fire hydrants, catch basins, drainage
inlets, water valves, manholes, etc.
A-1
■ Identify location, type, size, and material of all utilities within the project limits.
• Show location, type, and size of trees within the project limits.
b. Technical Requirements
■ Survey shall be mapped at a scale of 1" = 40'.
a Data shall be provided in State Plan Coordinates (NAD83), Zone 5.
a All drawings shall be done in AutoCAD 2009 ".dwg" format.
■ Cross sections shall be stationed and plotted on 24"x 36" sheets. Provide dimensions,
elevations, and cross slopes on sections. Scale shall be 1 "=40' horizontal, and 1 "=4' vertical.
■ Final documents shall be submitted to the City in the following form:
• Sheet size shall be 24" x 36".
■ Two (2) stamped and signed complete sets on bond.
• One (1) stamped and signed complete set on mylar.
• Two (2) CD-ROM's containing each drawing file in ".dwg" format and the point data
files.
A-2
EXHIBIT "B"
SCHEDULE OF SERVICES
Final submittal shall be due within six (6) weeks of notice to proceed.
IM
EXHIBIT "C"
COMPENSATION
The total compensation shall not exceed sixteen thousand seven hundred thirty one dollars
($16,731.00) for the performance of the Scope of Services as outlined in Exhibit "A".
C-1
ov
.0!4ZUSA,1
AGENDA
REGULAR MEETING OF THE CITY COUNCIL,
AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM TUESDAY,JULY 6, 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
COUNCILMEMBER MAYOR PRO-TEM
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.- REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag
3. Invocation—Bishop Timothy Bradbury Monzello of the Church of Jesus Christ of Latter-Day Saints
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.)
07/06/10 - 1 -
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
C. SCHEDULED ITEMS
1. PUBLIC HEARING-APPLICATION FOR AZUSA ROCK MODIFICATION TO CONDITIONAL
USE PERMIT C-89-20,REVISED RECLAMATION PLAN,AND DEVELOPMENT AGREEMENT,
LOCATED AT 3901 FISH CANYON ROAD,APPLICANT: VULCAN MATERIALS COMPANY.
RECOMMENDED ACTION:
Open the Public Hearing; receive testimony, close the Hearing. (1) Waive further reading and adopt
Resolution No. 10-C41, approving the proposed Modification to Conditional Use Permit C-89-20 and a
revised Reclamation Plan(Attachment B); (2)Introduce and conduct first reading of an Ordinance Adopting
a Development Agreement (Attachment C).
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 JUNE 21,2010.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3. CITY TREASURER'S REPORT AS OF MAY 31, 2010.
RECOMMENDED ACTION:
Receive and file Report.
4. AGREEMENT RENEWAL WITH LA WORKS FOR FY 2010/11.
RECOMMENDED ACTION:
Approve and execute the attached agreement with LA Works for Fiscal Year 2010/11 in an amount not to
exceed $58,823.
07/06/10 - 2 -
5. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-C42.
E. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 21, 2010.
RECOMMENDED ACTION:
Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF MAY 31, 2010.
RECOMMENDED ACTION:
Receive and file Report.
3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-R24.
F. ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
July 19, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium
July 26, 2010, Utility Board Meeting— 6:30 p.m. Azusa Auditorium
September 7, 2010, (Tuesday) City Council Meeting—6:30 p.m. Azusa Auditorium
September 20, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the
public at 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.
07/06/10 - 3 -
Rules Regarding Vulcan Public Hearing
Posted with Agenda for the Regular Meeting of July 6, 2010
Pursuant to the Brown Act, the City may adopt reasonable regulations regarding public
participation, including, but not limited to, regulations limiting the total amount of time allocated
for public testimony on particular issues and for each individual speaker.
The following rules will apply to all meetings concerning the Vulcan application.
1. In order to speak during the public hearing you must complete a speaker card AND RETURN
IT TO THE CITY CLERK before 7:30 pm on July 6, 2010.
2. Only those individuals who complete a speaker card and return it to the City Clerk before
7:30 pm on Monday, July 6, 2010 will be permitted to speak during the public hearing, even
if the public hearing is continued to a subsequent date.
3. Speakers will be limited to three minutes to make all comments.
4. Speakers will not be permitted to designate time to another speaker.
5. The City will not permit Power Point presentations.
6. Once a person has used his or her card to speak during the public hearing that person will not
be permitted to speak again.
7. The City's official rules of decorum will be enforced. The rules provide that individuals must
refrain from clapping, shouting out or otherwise engaging in behavior that detracts from the
professional business proceedings of the Council.
8. Speakers will be asked to refrain from repeating comments made by previous speakers. The
City will reserve the right to reduce the public speaking time for any speaker that is not
providing new information or original comments.
07/06/10 - 4 -
..../ „„ A-
4`. jeg
* `71
FO
Zus
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: JULY 6, 2010
SUBJECT: APPLICATION FOR AZUSA ROCK MODIFICATION TO CONDITIONAL
USE PERMIT C-89-20, REVISED RECLAMATION PLAN, AND
DEVELOPMENT AGREEMENT, LOCATED AT 3901 FISH CANYON
ROAD
APPLICANT: VULCAN MATERIALS COMPANY
RECOMMENDATION
Staff recommends that the City Council conduct the public hearing and do all of the following:
1. Adopt a resolution of the City Council approving the proposed Modification to Conditional
Use Permit C-89-20 and a revised Reclamation Plan (Attachment B);
2. Introduce and conduct first reading of an Ordinance Adopting a Development Agreement
(Attachment C).
BACKGROUND
The Application: As you are aware, under the General Plan adopted in April 2004, no
application for mining would be considered unless there are significantly improved
environmental mitigations in the proposal. The proposal before you also involves the exchange
of one vested mining right area for an area where vested rights are in dispute.
Vulcan Materials Company, operating as Azusa Rock ("Vulcan") has submitted an application
to amend both its existing Conditional Use Permit C-89-20 and Reclamation Plan to modify the
Azusa Rock Quarry mining area and provide for enhanced reclamation within both the existing
1
mine boundary and future mining areas. Vulcan has also applied for a Development Agreement
in accordance with the City's General Plan and Development Code requirements. Pursuant to
the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (FEIR)
was certified by the City Council on May 17, 2010.
The Site:
The project site has a long history of active mining dating back to the 1920's. In 1988, the
Azusa City Council established a 50-year sunset date for mining activities as part of the existing
Conditional Use Permit approval. Prior to that action, there was no "sunset" on mining within
the mining area. As such, the applicant currently has a vested right to engage in mining activity
on the eastern side of the existing mining site until 2038.
The application proposes to exchange the right to mine acreage within the eastern portion of
Vulcan's property, for the right to mine acreage on the western portion. Thus, the amendment
seeks to relocate the site of mining activity and not to approve new or additional mining within
the City.
In summary, the proposed amendments to CUP 89-20, the revised Reclamation Plan and
Development Agreement would provide for:
1. A revised reclamation program to reshape, revegetate, and naturalize the appearance of
the benches and terraces of the existing East Side and proposed West Side quarry faces.
Reclamation will include one to two-foot horizontal and vertical "micro-benches" instead
of the larger 30 to 40-foot horizontal and vertical stair-step benching that has been
implemented on the East Side. The micro-benching, recontouring of straight line cuts to
more natural lines, and revegetation with native plant species is intended to create
finished slopes more closely resembling natural slopes to reduce existing and future
visual impacts.
2. The acceleration of reclamation activities for the existing, more-visible East Side (i.e.,
east of Fish Creek) such that reclamation is to be completed within seven (7) years of
project approval (by 2017) rather than at the end of the project in 2038.
3. The mining and reclamation of the westernmost approximately 80 acres on the West Side
(described in the 1988 Reclamation Plan as a "Future Mining Area") in lieu of the
easternmost approximately 80 acres on the East Side (defined as Phase II in the 1988
Reclamation Plan), which will shift future mining to less visible portions of the Project
Site.
4. The inclusion of the approximate 80-acre West Side portion of the Project Site into the
Revised Reclamation Plan with its updated reclamation program.
5. An increase in the size of the on-site detention basin from a surface area of approximately
1.1 acres to approximately 1.45 acres (basin depth to remain at its current elevation). The
capacity of the detention basin would change from 9.8 acre feet to a minimum of 12 acre
feet.
2
Previous Public Review and Planning Commission Consideration:
The Planning Commission held five (5) public meetings including one study session, three public
hearings and a public meeting on the following dates:
1. January 13, 2010
2. January 27, 2010
3. February 3, 2010
4. February 10, 2010
5. March 10, 2010
Public testimony was taken at all meetings and, at the March 10, 2010, meeting, the Planning
Commission voted 3-1 to recommend certification of the Draft EIR, 3-1 to recommend approval
of the modification to CUP C-89-20 as well as the revised Reclamation Plan, and 2-2 (recorded
as a recommendation for denial) on the Development Agreement. As part of the Planning
Commission's deliberation, a number of issues were discussed and the Planning Commission
requested that the City Council establish that the Use Permit compliance be monitored annually
by the Planning Commission (as opposed to every two years) and that the Council ask the
applicant to make their best efforts to secure an air quality monitoring station at Valley View
Elementary School.
The City Council held a public hearing on April 19, 2010, and testimony was taken from
approximately 70 members of the public. Many of the public hearing participants asked
questions involving both the entitlements and the EIR. After all speakers completed their
comments, the City Council closed the public hearing and adjourned the item to April 26, 2010.
The Council asked that staff respond to the many questions raised at the April 19, 2010, public
hearing. The meeting to hear the continued item on April 26, 2010 was continued to provide
additional time for staff to prepare responses to the questions and review issues raised at the
public hearing.
The meeting to hear the continued item on April 26, 2010 was continued to provide additional
time for staff to prepare responses to the questions and review issues raised at the public hearing.
Staff has prepared responses to numerous questions received both in writing and verbally at the
April 19, 2010, public hearing. At the May 17, 2010, City Council meeting, the City Council
opened the public hearing, took testimony from the public, certified the Final EIR but denied the
modification to the Conditional Use Permit and Reclamation Plan. On June 7, 2010, the City
Council unanimously voted to reconsider the May 17, 2010, denial of the project. Staff was
directed to return to the June 21, 2010, City Council meeting with options as to how the Council
could proceed. At that meeting, staff was directed to notice the item for the July 6, 2010,
Council meeting and meet with the applicant to address the issues raised by the Council.
Components of the Project
Modification to Approved Conditional Use Permit C-89-20
3
As previously mentioned, the City Council approved a Conditional Use Permit in 1988, vesting
mining rights on the site for a period not to exceed 50 years (the previous City approval had no
date when mining had to stop). As part of this approval, the applicant is required to ensure that
conditions of approval are being met and come before the City's Planning Commission every
two years for verification. This amendment to the 1988 Conditional Use Permit will function as
a new Use Permit for the site and would contain the conditions of approval, memorializing the
conditions associated with the project and reclamation plan.
Revised Reclamation Plan
As part of the application submitted to the City, the applicant is also required to submit a revised
Reclamation Plan that would ultimately be approved by the Council and filed with the State.
The Reclamation Plan governs exactly how the mining will occur and, more importantly, how it
will be reclaimed upon completion. The mine reclamation plan was included as Appendix A.8 in
Volume II of the Draft EIR. The applicant is required to submit a bond that provides sufficient
monies to guarantee that the reclamation can be accomplished in the event that the applicant fails
to complete it. The amount of the bond is updated annually and it can be called by the City in the
event that the applicant fails to comply with the conditions of approval.
Development Agreement
The City's Municipal Code Section 88.28.030.B requires that a request for a Development
Agreement be submitted in conjunction with the Use Permit application. A Development
Agreement is a "contract" between the City and the applicant and memorializes the rights being
granted by the City as well as the obligations being required of the applicant.
ANALYSIS
Issues Raised
The following issues were raised at the June 7, 2010, meeting:
• Revegetation (ensuring that the coverage present today is duplicated through
revegetation)
• On-site monitoring
• Environmental safeguards
• Financial safeguards
• Access to trails
• Implementation of staging of trails (to Fish Canyon)
• Mitigation for dust control
• Set-aside funds for property acquisition (open space acquisition)
• Cessation of all mining in 2038
4
Additionally, at the June 21, 2010, meeting the City Council clarified the issues as follows:
• Ensuring that microbenching of the Mayan Steps was completed within two (2) years and
that a trailhead be established
• That funding be set aside for the trail head signage
• That revegetation efforts target replacement at 100% of the existing native plant coverage
• That there be no ambiguity associated with the $80 million bond
• That the Council have the ability to review the reclamation annually
• That no mining occur after 2038 and that land be transferred to the City as open space
• That on-site or proximity monitoring occur per AQMD standards
• That, if any negative impacts are found, the City be able to require that operations cease
until the issues are corrected
• That an additional extraction surcharge be collected for social programs and/or open
space acquisition
• That a portion of the proposed project be granted for a seven (7) year period on the far
west corner while reclamation occurred on the eastern portion of the site to ensure that
reclamation can be successful and that a 3rd party review
• That Van Tassel Ridge not be touched
• That reclamation loopholes be removed
• That the extraction fee be indexed by the CPI
As directed by the City Council, staff met with the applicant to address the issues raised at the
two City Council meetings. Attachment A is a matrix of the issues raised and the results of the
discussions with the applicant. Of the 16 issues raised at the Council meetings, it is staff's
opinion that the applicant has addressed 14 issues in a manner that we believe addresses Council
concerns. Additionally, on July 1, 2010, staff received a letter from the State Office of Mine
Reclamation (OMR) (see Attachment E) confirming (1) that the all issues raised by OMR were
adequately addressed in the reclamation plan, (2) that the proposed microbenching is superior to
the standard benching technique current approved in the 1988 entitlement, and (3) that the
revegetation proposal is well thought out and will enhance habitat values.
Microbenching
The applicant has agreed that microbenching (landform) will begin immediately and will be
completed on the Mayan Steps within 2 years with revegetation initiated no later than the 1St
rainy season after the 2nd year. Should microbenching be completed prior to the rainy season in
the 2"d year, revegetation could be initiated within 2 years. Staff believes that the microbenching
technique proposed by the applicant will not only be successful but will also be superior to the
current approved reclamation (30' to 100' benches). The State Office of Mine Reclamation
letter to the City indicates that they believed the proposed microbenching reclamation to be
environmentally superior to the currently approved method.
Trail Head, Trail and Signage
At the request of the City Council, the applicant will dedicate a 1.0 acre trailhead and trail
easement to the City of Azusa. Additionally, to satisfy their obligation pursuant to their private
5
easement agreement with the City of Duarte, the applicant will complete a "common" trail
adjacent to Fish Creek that ends at the bridge leading to Fish Canyon Falls. The applicant has
committed putting in the trailhead and trail network within one (1) year of approval.
Additionally, the applicant has committed to providing signage along the trailhead and trail
network.
Revegetation
At the request of the City Council, the applicant has clarified and committed to a revegetation
standard of 100% of the existing native vegetation. Staff believes that this goal is attainable and
that the ultimate revegetation can have densities identical to the current slopes. Additionally, the
July 1, 2010, letter from the State Office of Mine Reclamation described the revegetation plan
"well thought out" and, when considered in tandem with the superior microbenching in the
reclamation plan, indicated that it will result in a slope that blends visually with the surrounding
area, enhancing habitat values compared to a standard benching method.
Financial Assurance Bond
In accordance with SMARA, the applicant will be obtaining a financial assurance bond for the
revised reclamation plan in the amount of$81.125 million. This bond shall be the amount that
can be used to reclaim the project site in the event that the applicant fails to perform or violates
conditions or requirements.
Council Review of Reclamation
Staff and the applicant have agreed that monitoring for the reclamation plan and financial
assurance bond shall occur annually and, upon being transmitted to the State Office of Mine
Reclamation pursuant to SMARA, shall be submitted to the City Council for review.
Additionally, the Conditional Use Permit regulating the operation of the quarry shall be reviewed
every two years by the Planning Commission for substantial compliance.
Cessation of Mining and Dedication of Land
The applicant has agreed that no mining will occur on-site after December 31, 2038. Further, the
applicant agrees that City will have first right of offer to purchase the east 80 acres should it
become available for purchase. This will not only ensure that mining on the slopes will not
happen after 2038 but also provides the City with an additional opportunity to purchase open
space.
Air Quality Monitoring
Applicant has agreed to pay $15,000 toward the purchase of one additional PMI 0 particulate
monitor to measure ambient concentrations of PM10 within the City of Azusa. Staff believes
that this is sufficient to assist in the installation of an ambient air quality monitoring station
within the City of Azusa.
6
City's Ability to Shut Down Facility
Staff has added a condition to the project indicating that, should the City determine that a health
and safety violation occurred on the project site, the City shall have the ability to require that the
applicant cease and desist all operations until the health and safety violation is corrected.
Additional Extraction Surcharge and CPI Escalator
The applicant has agreed to increase the Community Benefit Fund for City Programs extraction
fee from $.05/ton to $.09/ton with an annual CPI escalator. The additional 80% increase would
be dedicated to the acquisition and maintenance of open space. Further, the applicant has agreed
to place a CPI escalator on the proposed $.09/ton Community Benefit Fund for City Programs
extraction fee.
Seven Year Mining Approval While Reclamation Occurs
Staff discussed the issue raised by the Council to allow mining for seven years on the proposed
westernmost site while reclamation occurs on the Mayan Steps and eastern portion of the site.
The applicant indicated that they cannot agree to this request because a partial approval to mine
on the west side would not constitute an equal exchange for the 106.5 million tons believed to
exist in the existing entitlement.
No Mining on Van Tassel Ridge
Staff discussed the issue of no mining on Van Tassel Ridge with the applicant. Because this
approach would result in a loss of over 30 million tons of aggregate, the applicant indicated that
the additional mining that would have to occur in the existing entitled areas would significantly
impact the eastern Fish Ridge, thus dramatically reducing the environmental aesthetic benefit
from the proposed project. Additionally, the corresponding loss in operational efficiencies on
both sides would diminish the applicant's ability to provide benefits, including microbenching,
under the current agreement.
Reclamation Completed on Each Phase within 3-4 Years
Because of the top-down reclamation approach, the applicant believes that each phase of mining
can be fully reclaimed within 3-5 years of mining being complete.
Removal of Liquidated Damages "Loophole"
Staff has removed the language pertaining to liquidated damages from the Development
Agreement.
Responses to Questions Raised
Throughout the public review process, a number of recurrent issues have been raised. In the
previous report, we indicated that staff had taken note of 50 questions that were asked both in
7
written letters and by members of the public. Questions ranged in scope from technical issues to
the City's process in hiring the Lilburn Corporation. Responses to these questions as well as the
issues raised in letters we have received were included as an attachment to the May17, 2010,
staff report. Additionally, much discussion focused around the issues of the amount of aggregate
on-site (volume calculations), the potential for landslides, liquefaction, additional comments
received from the Air Quality Management District, and the Development Agreement. In
addition to the City's consultant team reviewing the comments and providing responses, the
applicant hired an independent expert, Dr. Man-chu Ronald Yeung from Cal Poly Pomona, to
review the comment letter submitted by A.G.I. This independent expert's comments were
attached the staff report as well. The City's consultant reviewed the letter from Dr. Yeung and
concurred with the findings. Briefly, some of the issues were as follows:
Volume Analysis
The question of how much aggregate can be found on-site has been raised by Save our Canyon
and other individuals. Lilburn Corporation ran a series of volumetric analyses in an attempt to
model the available aggregate. The outcome of these efforts is that staff believes that the
applicant's estimates of 106.5 million tons of aggregate on the 1988 reclamation plan can be
justified. To ensure that the estimates provided by Vulcan were accurate, Lilburn discussed the
parameters used in the applicant's calculation and verified the 106.5 million tons of marketable
aggregate (139 million tons of total aggregate including overburden) calculated by VMC for the
1988 Plan area using current topography. This calculation was based on quarry parameters
outlined by Vulcan's engineers in keeping with the setbacks, excavation envelope and slopes that
would be used in mining the eastern portion of the site under the allowable operating conditions
of the 1988 Plan. The 106.5 million tons is greater than the amount of aggregate estimated to be
in the proposed project site, which is currently believed to be 105.6 million tons of sellable
material (138 million tons of total aggregate including overburden). As such, the project is being
conditioned to limit the total extraction of PCC grade (sellable) aggregate to 105.6 million tons.
Potential Landslide Threat
During previous public testimony, claims were made that on-site and off-site landslides were not
adequately addressed and pose a threat to the surrounding area. While landslides did occur on-
site in 1997/1998, these were caused by over steepened slopes on the active quarry highwall due
to the (now abandoned) mining practices of the previous property owner. Any slope can fail if it
is cut too steeply and this particular failed slope was much steeper than the existing slope and the
proposed reclaimed slope. This previous slope failure has no bearing on the stability of
reclaimed or natural slopes and, as such, has no impact to the proposed project. With regard to
off-site landslides, the U.S. Geological Survey shows three (3) mapped landslides off the site to
the south of the quarry. These landslides were reviewed during the Draft EIR preparation and
during our evaluation of the AGI report. There is no evidence of recent activity on these slides in
the last several thousand years. A Richter magnitude of 4.0 is generally the minimum estimated
earthquake required to activate these landslides and lasting at the mine, based on the largest blast
activity recorded, would be a Richter magnitude of 0.0. Blasting would have to be approximately
10,000 times greater to trigger a landslide on the sites identified. As such, blasting vibrations by
applicant pose no hazard to off-site landslides.
8
•
Liquefaction
Liquefaction was another issue brought up during public testimony. It is the transformation of
saturated soil from a solid to liquefied state during ground shaking, as a consequence of
increased soil pore pressure and was raised as a potential concern at the on-site detention basin.
Effects at the surface are seen as sand boils, ground cracks, and settlement. The project proposes
to expand the existing on-site detention basin tb hold 12 acre feet (approximately 4 million
gallons) of runoff naturally draining from the surrounding slopes. This basin serves as a
backstop to water flowing into the adjacent river and will normally be dry as it currently is
normally dry. For liquefaction to occur, the basin would have to be full at the same time as a
large earthquake capable of causing liquefaction. While the probability of both events occurring
simultaneously is extremely small, the flooding would go directly into the river and would not
jeopardize homes. There has been no previous failure of the existing detention basin and no
scientific reason to believe that the expansion of the basin would increase the potential for
failure.
Previously, a comparison was made between the existing detention facility proposed to be
expanded and the lower San Fernando Dam. The lower San Fernando Dam was an earth fill dam
and large reservoir over 100 feet high with a total volume of more than 10,000 acre feet that
failed due to liquefaction in 1971. The reservoir consisted of an approximately 1.6 mile long,
0.35 mile wide, and 130 feet deep lake behind a 142-foot high soil embankment constructed of
hydraulic fill of very loose condition. The San Fernando Dam reservoir was approximately 1,000
to 4,000 times the small detention basin proposed for this site and there is no comparison
between the two.
Air Quality Issues
On June 24, 2010, the South Coast Air Quality Management District (AQMD) sent another letter
to the City on the project. Previously, the AQMD extensively reviewed and commented on the
EIR air quality analyses and did not raise any concern about the determination by the City that
air quality impacts are less than significant for the proposed Project. The most recent letter
recommends that the City specify a schedule that indicates when the mining equipment will be
upgraded to a less polluting fleet, including: 1) a commitment to limit throughput to 6,060 tons
per day until the current mining equipment fleet is upgraded; 2) a commitment to meet the 2009
off-road fleet originally discussed in the Draft EIR by 2014; and 3) a commitment to use the
cleanest vehicles available at this quarry as the project proponent replaces vehicles in its fleet. In
the Final EIR certified by the City Council, the City augmented the air-related conditions with a
new mitigation measure to address the issues of new equipment and enforceable emission limits
by limiting production until all the Project equipment meets the equipment standards described
in the EIR. This satisfies the first issue raised by the AQMD in the June 24, 2010, letter. By
limiting the production to 6,060 tons per day, the applicant will be limited in the amount of
aggregate they can mine until their fleet of vehicles is upgraded to meet higher emission
standards, the second and third issue raised in the June 24, 2010, letter become moot.
9
Development Agreement
Current Version of the Development Agreement:
The proposed Development Agreement between the City and Azusa Rock, Inc. dba Vulcan
Materials Company has evolved since it was first presented to the Azusa Planning Commission
for review and recommendation to the Azusa City Council. The version now presented to the
City Council for consideration contains the same basic deal that was presented to the Planning
Commission, but through numerous staff meetings and negotiations involving an ad hoc
committee of the City Council and staff the latest version of the Agreement provides additional
public benefits and clarifications including, but not limited to:
1. Vulcan is further restricted from assigning or selling its interests under the Agreement.
2. The vested rights under the Agreement are more clearly defined and Vulcan has agreed
not to seek expanded mining rights in the City beyond what it will have through the
Agreement and what it already has with respect to the Reliance mine.
3. Vulcan expressly acknowledges that it will relinquish certain vested mining rights and
cannot seek to reinstate them.
4. A process has been established to provide for a contingency plan in the event that for
some reason the Amended Reclamation Plan is not viable and Vulcan must reapply to
both the City and State for a revised Plan.
5. The advanced tax payment of$1.5 million must be paid regardless of whether the project
is challenged. The money must only be returned if a court overturns the approvals.
6. Vulcan must make an offer to dedicate an easement for open space for purposes of
permitting the public access to Fish Canyon Falls.
7. Vulcan must fund up to $15,000 towards the placement of a PM10 air quality monitor in
the City subject to consultation with SCAQMD.
8. Vulcan will terminate all mining in the canyons and hillsides by 2038.
9. City retains the right to adopt further regulations for the health, safety and welfare so long
as future regulations are not aimed at stopping Vulcan's operations.
10. Although the City and Vulcan have agreed to mediate disputes before filing a court
action, this restriction will not apply to City's actions for the recovery of money owed
under the Agreement.
11. The Agreement clarifies that Vulcan must defend and indemnify the City for any
litigation arising from challenges to the Agreement or other related approvals.
12. The Agreement calls for a new trail head and trail to be dedicated and constructed.
13. The Agreement calls for the City to have the right to shut down the operation if a health
and safety issue is found to exist on-site.
General Plan Conformance
The General Plan addresses mining in various ways. The following table compares the
applicable General Plan Goals, Objectives and Policies with the proposed Modification of
Conditional Use Permit C-89-20 and the revised Reclamation Plan.
10
City of Azusa General Plan
Goal/Policy Proposed Project Elements
CHAPTER 3: THE BUILT
ENVIRONMENT
Land Use Goals and Policies
Recreation and Open Space
GOAL 8: Preserve and provide open
spaces for city's residents that provide
visual amenity, recreational
opportunities, protect environmental
resources, and protect the population
from natural hazards.
The Proposed Project would relocate future
Policy 8.4: Actively work with the mining operations from the East Side of the
mining companies to develop Project Site to the West Side. This will cause a
change in viewsheds from several viewpoints.
reclamation and re-use plans that
facilitate the environmentally sound and The revised reclamation plan would concurrently
reclaim fully mined areas using the micro-
aesthetically pleasing reclamation of
their sites. benching technique, which would minimize
visual impacts. See section 4.1 of this EIR for a
complete analysis of aesthetic impacts.
Policy 8.5: Actively work with the The Proposed Project will implement the use of
mining companies to develop the micro-benching technique that will recontour
reclamation and re-use plans that the mined slopes intended to create a more
facilitate the potential for active visually appealing, landscape. Revisions to the
recreational uses in the detention basins Reclamation Plan will create a site suitable for
and other quarry oriented sites. passive open space and wildlife habitat.
Policy 8.9: Require developers of any The Proposed Project would relocate future
use whose scale may significantly mining operations from the East Side of the
Project Site to the West Side. This will cause a
impact existing open space resources to change in viewsheds from several viewpoints
allocate sufficient lands as permanent (see Section 4.1 for a detailed analysis of visual
open space for recreation, visual impacts). The revised reclamation plan would
amenity, and/or environmental resources concurrently reclaim fully mined sites using the
protection (by dedication, easement, or micro-benching technique, intended to minimize
other City approved technique.) visual impacts.
11
City of Azusa General Plan
Goal/Policy Proposed Project Elements
The Project Site has been an ongoing mining site
for the last century. The majority of the natural
environment has been either mined or otherwise
disturbed to accommodate the mining
Policy 8.12: Protect the canyons, operations. Implementation of the proposed
foothills, and the river as open space Reclamation Plan would allow the Project Site to
and environmental resources. be reclaimed concurrently with ongoing mining
operations. Once fully reclaimed, the Project Site
will be used as open space for passive use. The
micro-benching technique is intended to improve
the visual impact of the reclaimed sites.
Land Use Compatibility
GOAL 10: Ensure the compatibility
among various types of land uses.
Potentially significant noise impacts on
surrounding areas have been mitigated and
Policy 10.6: Work with public and nighttime mining will be prohibited (see Section
private organizations and individuals to 4.9). The Proposed Project would relocate future
minimize the land use impacts in and mining operations from the East Side to the West
around the river, the canyons, and Side. This will cause a change in viewsheds
foothills, such impacts may include but from several viewpoints (see Section 4.1 for a
not limited to noise generation, natural detailed analysis of visual impacts). The revised
resources encroachment, air quality reclamation plan would concurrently reclaim
degradation, aesthetic degradation, etc. fully mined sites using the micro-benching
technique, which is intended to minimize visual
impacts.
Policy 10.7: Control the development of The Azusa Rock Quarry has been an ongoing
industrial and other uses that use, store, active mining operation for many decades. The
produce, or transport toxins, generate Proposed Project includes the relocation of
unacceptable levels of noise, air mining operations within the defined mining
emissions, or contribute other pollutants boundary; the operations do not use, store,
requiring adequate mitigation measures produce, or transport toxins to or from the
confirmed by environmental review and project Site.
monitoring.
Land Use implementation Programs
12
City of Azusa General Plan
Goal/Policy Proposed Project Elements
LU5: Development Agreements •
Development Agreements are authorized
by State law to enable a city to enter
into a binding contract with a developer
that assures the city as to the type, A Development Agreement is a component of
character and quality of development the application to relocate the mining at Azusa
and additional "benefits" that may be Rock Quarry and revised Reclamation Plan.
contributed and assures the developer
that the necessary development permits
will be issued regardless of regulation
changes.
LUl1: Inter-Agency Coordination
Consider creating partnerships with
entities along the river, in the foothills The proposed application and Development
and canyons. Potential partnerships can Agreement provides an opportunity for the City
include but are not limited to the Corps to interact with the Vulcan Mining Company.
of Engineers, mining companies, local
residents, local homeowner associations
and neighborhood organizations
Chapter 5: The Natural Environment
Open Space and Biological Resources
Goals and Policies
GOAL 7: Cooperate and coordinate with
the mining companies, other
appropriate agencies, and the public to
enhance wildlife habitat in abandoned
and reclaimed mined sites.
Policy 7.1: Determine the feasibility of
restoring abandoned mined areas and/or The Final reclaimed Project Site would be
quarries to natural habitat for plants and suitable for passive open space capable of
wildlife until other uses are desirable or supporting wildlife habitat.
needed.
Mineral Resources
Goals and Policies
GOAL 1: Balance the need for mineral
resource extraction with the City's
goals to minimize biological, aesthetic
and other impacts.
13
City of Azusa General Plan
Goal/Policy Proposed Project Elements
Policy 1.2: While permitting existing
mineral resource extraction and
processing, if necessary, encourage The proposal to relocate mining operations from
relocating mining operations to less the east portion of the quarry to the west portion
environmentally sensitive and less of the quarry would reduce the visibility of the
visible locations and to areas of more mine from Azusa.
compatible land use.
Policy 1.4: Limit the effects of mining The proposal to relocate mining operations to the
operations on residents, businesses and west side of the quarry would limit the visual,
visitors to Azusa. Effects include but audible and dust impacts of the mining operation
on the residents of Azusa. Truck traffic will be
are not limited to visual impacts, noise,
dust and truck traffic. reduced through the continued use of the
conveyor system.
Policy 1.6: Minimize additional visual The proposal to relocate mining operations from
changes to the hillsides visible to the east portion of the quarry to the west portion li
Azusa. of the quarry would reduce the visibility of the
mine from Azusa.
The proposed revised Reclamation Plan would
Policy 1.7: Encourage timely accelerate the reclamation of the east portion of
reclamation and conversion of mines to the quarry, begin reclamation of the west portion
other uses. of the quarry and institute state-of-the—art
reclamation techniques.
Policy 1.8: However, recognizing the
community's strong interest in
improving and accelerating reclamation A Development Agreement and Environmental
and reducing the environmental impacts Impact Report are components of the application
of existing mining, trade-offs affecting to relocate the mining at Azusa Rock Quarry.
ongoing operations may be considered The entire proposal will be subject to noticed
through a formal development public hearings to provide public participation.
agreement based on appropriate public
participation and environmental review.
City of Azusa Development Code
Regulations VMC- Azusa Rock Project Description
Chapter 88.44 — Surface Mining and
Reclamation
88.44.010—Purpose
14
City of Azusa General Plan
Goal/Policy Proposed Project Elements
A. The extraction of minerals is The Proposed Project would relocate future
essential to the continued economic mining operations from the East Side of the
well-being of the state and to the Project Site to the West Side. This will cause a
needs of the society, and that the change in viewsheds from several viewpoints
reclamation of mined lands is (see Section 4.1 for a detailed analysis of visual
necessary to prevent or minimize impacts). The revised reclamation plan would
adverse effects on the environment concurrently reclaim fully mined sites using the
and to protect the public health and micro-benching technique, which would provide
safety. a higher factor of safety for slope stability.
In accordance with the existing Reclamation
B. The reclamation of mined lands as Plan, VMC is required to restore the land once
provided in Chapter 88.44 of the mining operations are complete. The proposed
Development Code will permit the reclamation technique would create natural
continued mining of minerals and looking contours intended to blend with the
surrounding natural slopes. The proposed
will provide for the protection and
subsequent beneficial use of the Reclamation Plan would therefore create a more
mined and reclaimed land. suitable area for passive open space than
traditional reclamation techniques provided in
the existing Reclamation Plan.
City of Azusa Development Code
Regulations VMC- Azusa Rock Project Description
88.44.040 — Permit and Reporting
Requirements
A. Any person, except as provided in
Public Resource Code 2776, who
proposes to engage in surface mining
operations shall, prior to the
commencement of operations, obtain: A Use Permit application and revised
1. A Use Permit to mine in compliance Reclamation Plan are components of the
with Section 88.50.050 (Use application to relocate the mining at Azusa Rock
Permits); and Quarry.
2. Approval of a reclamation plan
In compliance with this chapter and
as further provided in Public
Resources Code 2770 et seq.
•
15
City of Azusa General Plan
Goal/Policy Proposed Project Elements
B. No person who has obtained a
vested right to conduct a surface
mining operation prior to January 1, In the early 1900's, Azusa Rock, Inc. ans its
1975 shall be required to secure a parent company , Kirst Construction, Co., Inc.
Use Permit as long as the vested were acquired jointly by CalMat Co. and New
right continues, provided that no Owl Rock Products, Inc. In 1995, CalMat Co.
substantial change is made in that purchased New Owl Rock Products, Inc.'s
operation except in compliance with interest in the companies, thus becoming the sole
the provisions of this Chapter 88.44 owner of Kirst Construction Co. and Azusa
of the Development Code. A person Rock, Inc. Subsequently, Kirst Construction Co.,
shall be deemed to have such vested Inc. was merged into CalMat, Co. and thereby
rights if, prior to January 1, 1976, he ceased to exist. Azusa Rock, Inc. remains a
has in good faith and in reliance wholly owned subsidiary of CalMat. In 1999,
upon a Use Permit, if such a permit CalMat Co. was acquired by Vulcan Materials
was required, diligently commenced Company (Birmingham, Alabama), at which
surface mining operations and time CalMat Co. became known as "Vulcan
incurred substantial liabilities for Materials Company, Western Division."
work and materials necessary for the
operation.
In general, the proposed Modification to Conditional Use Permit C-89-20 and revised
Reclamation Plan is in compliance with the goals and policies of the General Plan. The proposed
reclamation plan would utilize improved benching techniques to give the mined hillsides an
aesthetic appearance intended to be superior to that of traditional benching methods.
Additionally, native vegetation would be used to further reduce visual indifference between
reclaimed areas and natural slopes. The proposed reclamation plan would provide a site suitable
for passive open space use. The reclamation of the mined site and proposed end use of passive
open space would make the project site suitable for wildlife habitat. Recent restoration efforts
have created an established wildlife habitat, and have facilitated the return of sensitive species to
the site and in particular to Fish Creek.
Development Code Conformance
The Development Code carries out the policies of the General Plan by regulating development
and land uses within the city, consistent with the General Plan. Upon adoption of Chapter 88.44
"Surface Mining and Reclamation" the City Council found and determined that: a) The
extraction of minerals is essential to the continued economic well being of the state and to the
needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect the public health and safety; and b) The
reclamation of mined lands as provided in Chapter 88.44 of the Development Code will permit
the continued mining of minerals and will provide for the protection and subsequent beneficial
use of the mined and reclaimed land.
16
The proposed Modification to Conditional Use Permit C-89-20 and the proposed revised
Reclamation Plan is consistent with the City of Azusa Development Code Section 88.28.020.B
which states: "Surface mining operations may also be allowed where they were established prior
to the effective date of this Development Code (2006), recognizing the community's strong
interest in improving and accelerating reclamation and reducing the environmental impacts of
existing vested mining, with consideration of trade-offs affecting vested mining operations and
future operations adjacent and contiguous to vested operations. Future operations adjacent and
contiguous to vested operations may be considered through a formal Development Agreement
based on public participation and environmental review. For the purposes of this Development
Code, vested mining rights shall mean that valid Use Permits have been issued by the City, or
that mining is otherwise considered vested pursuant to other applicable laws." Additionally,
Development Code Chapter 88.70 (Glossary) contains definitions for the purposes of Chapter
88.44 (Surface Mining and Reclamation). These definitions state that ancillary activities, such as
rock crushing and material handling, are recognized activities within the OS zone.
It is important to note that the Development Agreement clearly requires the applicant, Vulcan, to
relinquish their previously vested mining rights on the east side.
California Environmental Quality Act Compliance
As previously mentioned, a Final Environmental Impact Report (FEIR) (State Clearinghouse No.
2009051057) was certified by the City Council in compliance with CEQA and the State
Guidelines for Implementation of CEQA (as amended, 2009). For purposes of this FEIR the
proposed Project consisted of the activities that would be allowed with approval of a
Modification to Conditional Use Permit C-89-20 and a revised Reclamation Plan application,
being considered by the City of Azusa, along with a Development Agreement to be executed
between the City of Azusa and Vulcan Materials Company. The FEIR also documents the
existing conditions within the City of Azusa in the vicinity of the project site and evaluates the
potentially significant environmental impacts that may occur with the proposed project.
Findings of Fact - Modification to Conditional Use Permit C-89-20
Pursuant to Section 88.51.040 of the Development Code, in order to approve a Modification to a
Use Permit, the following findings must be made:
1. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Development Code and the Municipal Code.
The project is allowed within the zoning district subject to approval of a Use Permit and
Development Agreement.
2. The proposed use is consistent with the General Plan and any applicable specific plan.
The project is consistent with the General Plan as indicated in the General Plan conformance
section of this report.
17
3. The design, location, size and operating characteristics of the proposed activity are
compatible with the existing and future land uses in the vicinity.
As the site is currently an active mining operation and the request is to relocate the mining
operation from the east to west side, the design, location, size and operating characteristics of
the proposed activity are compatible with the existing and future land uses in the vicinity.
4. The site is physically suitable for the type, density and intensity of use being proposed,
including access, utilities and the absence of physical constraints.
As an active mining operation, the site is physically suitable for the type, density and
intensity of use being proposed.
5. Granting the permit would not be detrimental to the public interest, health, safety,
convenience or welfare or materially injurious to persons, property or improvements in the
vicinity and zoning district in which the property is located.
A draft environmental impact report has been prepared for the project and analyzed the
environmental impacts, finding that the granting of the permit would not be detrimental to
the public interest, health, safety, convenience or welfare or materially injurious to persons,
property or improvements in the vicinity and zoning district in which the property is located.
As the aesthetic impacts from the City of Duarte have been found to be significant and
unavoidable, a statement of overriding consideration is being proposed.
Findings of Fact—Development Agreement
Pursuant to Sections 88.53.030.0 of the Development Code, in order to approve a Development
Agreement,the following finding must be made:
1. The Development Agreement and approved development are consistent with the General
Plan.
As indicated in the General Plan conformance section of this staff report, the project is consistent
with the City's General Plan.
Reclamation Plan
Pursuant to Section 88.44.040.A, any person who proposes to engage in surface mining
operations shall, prior to the commencement of operations, obtain approval of a reclamation plan
in compliance with this chapter and as further provided in Public Resources Code 2770 et. Seq.
As part of this application, a request for a revised reclamation plan is being considered.
18
CONCLUSION
Staff has analyzed the proposal and recommends that the City Council approve Modification to
Conditional Use Permit CUP 89-20 and the revised Reclamation Plan and approve the
Development Agreement.
FISCAL IMPACT
The Development Agreement provides the following financial benefits to the City:
1. Annual mining tax @ $0.48 per ton with a CPI inflator, with a $1.5 million advanced
payment and $500,000 annual minimum payments.
2. $0.055 per ton tax on "overburden" unless overburden is used for an Azusa project.
Estimated at$250,000 per year for the first 7-years of operation.
3. $0.09 per ton assessment with a CPI inflator for Community Benefit including Library
Project; Scholarship; or Environmental programs, as directed by Council, with $.04 for open
space acquisition and maintenance, estimated at $476,000 annually.
Attached to this staff report is the Development Agreement that outlines the financial deal points
associated with the proposed project. Should the application be approved, there would be no
negative fiscal impact to the City.
ATTACHMENTS
Attachment A— Matrix of Issues Raised by City Council
Attachment B— Resolution of the City Council Approving a Modification to Conditional Use
Permit 89-C-20 and a Revised Reclamation Plan
Attachment C — Ordinance of the City Council Approving a Development Agreement
Attachment D— May 17, 2010, City Council Staff Report
Attachment E— Letter from State Office of Mine Reclamation
19
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CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
• REGULAR MEETING
MONDAY,JUNE 21,2010—6:35 P.M.
The City Council of the City of Azusa met in regular session at the above date and time in the Azusa
Auditorium located at 213 E.Foothill Boulevard,Azusa,CA 91702.
CEREMONIAL Ceremonial
Certificates of Recognition were presented to the 2010 Gladstone Swim Team,winners at the Mont View Cert Gladstone
League Finals. Swim Team
CLOSED SESSION Closed Session
City Attorney Carvalho advised that there was a correction on the existing litigation,Farris Case number City Attorney
which is KC055075J and the threat of litigation was made by a representative of Master Plan Development Comments
and the litigation is related to the Rosedale property.
The City Council recessed to Closed Session at 6:45 p.m.
Conf w/Labor
1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Negotiators
Agency Negotiators: Administrative Services Director-Chief Financial Officer Kreimeier
Organizations AMMA,SEIU,APOA,APMA and ACEA
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal
54956.9(a)). Farris v.City of Azusa-Los Angeles Superior Court,Case Number KC055075J. Cnsl
3. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION (Gov. Code Conf w/Legal
Sec.54956.9(b). Threat of Litigation,One case. Cnsl
4. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Property
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Neg.
Under Negotiation: Price and Terms of Payment
a. NEC AZUSA/ARROW SITE
Address: 17511 E.Arrow Hwy,Azusa,CA 91702
Negotiator: Fowler Family Trust
Address: 17525 E.Arrow Hwy
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
b. FORMER MILLER PROPERTY
Address: 902,906,908&912 N.Alameda Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
The City Council reconvened at 7:34 p.m. The City Attorney advised that there was no reportable Cncl Reconvened
action taken in Closed Session. No Reports
Mayor Rocha called the meeting to order. Call to Order
Mr.Jess Alva led in the salute to the Flag. Flag Salute
INVOCATION was given by Father Al Eze of Saint Francis of Rome Church Invocation
ROLL CALL
Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Director of Public
Works Haes, Economic and Community Development Director Christiansen,Assistant to the Director of
Utilities Kalscheuer, Director of Recreation and Family Services Jacobs, Library Director Johnson,
Administrative Services Director/Chief Financial Officer Kreimeier, Assistant Director of Economic and
Community Development McNamara, Public Information Officer Quiroz, City Clerk Mendoza, Deputy
City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr.Jeffrey Cornejo,Chairman of the Azusa Golden Days Committee addressed Council stating that this is J.Cornejo
the 62nd year and they will be re-introducing the 1949 Azusa Golden Days logo. He announced that Golden Comments
Days week is from October 3'd through October 9th and introduced the Golden Days Committee.
Mr.Mike Lee addressed Council complimenting all who had received awards,expressed thanks for cards M.Lee
and letters received,talked about Vulcan,and asked all to pray for the troops. Comments
Mr.Jorge Rosales addressed Council and thanked staff for responding to several questions and asked if the J.Rosales
Vulcan staff report was inclusive of all the issues discussed at the last meeting. He asked about the blanket Comments
purchase order item,agreements regarding Rosedale,and Atlantis Garden item.
The following persons spoke regarding the proposed Vulcan project: Karen Herrera,Darrell George, Jeff Public Comments
Melching, Michael Paisner, Margaret Finlay, John Fasana, Lois Gaston, Mecedes Castro, Sandra Re:Vulcan
Rentschler,Todd Priest,Ian Scott,and David Czamanske.
Messrs. Jason Bustani, Ian Brinkley, and Cameron Peterson talked about a proposed resolution regarding Comments
Glass-Stegall. Re:Glass-Stegall
City Attorney Carvalho and City Manager Delach responded to all questions posed. Responses
REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Rpts
Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously carried to Voting Delegates
appoint Councilmember Carrillo as voting delegate at the League of California Cities Conference in San League of CC
Diego. Moved by Councilmember Macias,seconded by Councilmember Hanks and unanimously carried
to appoint Mayor Pro-Tem Gonzales as alternate voting delegate at the League of California Cities
Conference in San Diego.
Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Carrillo and unanimously carried to 60th Anniversary
prepare a proclamation in honor of the 60th Anniversary of Korean Armistice Day. Korean Armistice
Mr. Habib Balian provided and update on the Gold Line Foothill Project and Schedule. It was noted that Gold Line
the Groundbreaking Ceremony of the Metro Gold Line Foothill Extension, Phase 2A, from Pasadena to Extension
Azusa would be held at Newcastle Park,in the City of Arcadia on Saturday,June 26,2010.
Moved by Councilmember Carrillo, seconded by Mayor Pro-Tern Gonzales and unanimously carried that August Meetings
the City Council meetings in August be cancelled,including the Utility Board Meeting. Cancelled
Moved by Mayor Pro-Tern Gonzales, seconded by Councilmember Macias and unanimously carried to Certificates
approve request for certificates of recognition for the Kids come first Golf Tournament Sponsors. Kids Come First
Library Director Johnson provided an update on the financial periodicals and other newspapers provided in Lib Dir Update
the Library including the cost for subscriptions. Periodicals
Mayor Pro-Tem Gonzales wished all a belated Happy Father's Day, and congratulated all Azusa 2010 Gonzales
graduates. Comments
Councilmember Macias congratulated all graduates; noted that this would have been his moms 67th Macias
Birthday, and asked if staff could look into the monument maintenance of the southwest corner of San Comments
Gabriel and Sierra Madre.
Councilmember Carrillo wished all a happy Fourth of July and asked all use only safe and sane fireworks Carrillo
and to keep all the laws of the fireworks ordinance. Comments
Mayor Rocha noted the Summer Reading Program kick off,the Be a Walker Program at Zacatecas park on Rocha
July 10`h,the new recycling facilities at Irwindale and Gladstone and ask for a cost estimate to complete the Comments
block wall at the catwalk.
06/21/10 PAGE TWO
SCHEDULED ITEMS Sched Items
THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND Convene jntly
THE AZUSA PUBLIC FINANCING AUTHORITY AT 9:19 P.M. TO CONSIDER THE Cncl,CRA,
FOLLOWING: APFA
Budgets
FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND
REDEVELOPMENT AGENCY BUDGET ADOPTION.
Administrative Services Chief Financial Officer Kreimeier presented the budget which included all three A.Kreimeier
entities, i.e. City, Redevelopment Agency and Azusa Public Financing Authority and responded to CFO presented
questions posed by Councilmembers. He noted that the budget was balanced by delaying filling positions Budgets
in certain departments and City Manager responded to questions regarding
Moved by Councilmember Carrillo,seconded by Councilmember Hanks and unanimously to adopt:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ADOPTING THE BUDGET Res.No. 10-C34
AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget
COMMENCING JULY 1,2010 AND ENDING JUNE 30,2011.Resolution No. 10-C34.
Moved by Director Gonzales,seconded by Director Carrillo and unanimously to adopt:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res.No. 10-R21.
CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS Redevelopment
FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 Budget
AND ENDING JUNE 30,2011.Resolution No. 10-R21.
Moved by Board Member Carrillo,seconded by Councilmember Hanks and unanimously to adopt:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res.No. 10-P1.
AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Azusa Public
AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND ENDING JUNE 30, Financing
2011.Resolution No. 10-P1. Authority Budget
THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING CRA Recess
AUTHORITY TO ADJOURNED,AND CITY COUNCIL CONTINUED. APFA Adjn
PUBLIC HEARING — REFUSE RATE ADJUSTMENT. Assistant to the Director of Utilities Pub Hrg
Kalscheuer addressed Council presenting the Refuse Rate Adjustment in accordance with the Exclusive Refuse Rate
Franchise Agreement with Athens Services for refuse collection and recycling services. He talked about Adjustment
Adjustment Factors, Proposed Refuse Rates and presented comparison charts for both residential and
commercial rates. He noted that three protests letters were received.
The Mayor declared the Hearing open. The City Clerk advised that the notice of Hearing was mailed to Hrg Open
residents in English and Spanish.
Mr. Chris Carlos of Athens Services addressed the issue stating that the rate is made up of a variety of C.Carlos
components and responded to questions posed. Athens
Testimony was received from Mr.Dennis Willut who stated that the rates are too high and that there was a Testimony
need for a special rate for senior citizens. D.Willut
A resident of Duarte addressed the public hearing stating that he applauds the City of Azusa for having a Duarte Resident
transparent government. Comment
Moved by Councilmember Hanks,seconded by Councilmember Carrillo and unanimously carried to close Hrg Clsd
the public hearing.
Councilmember Carrillo offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE Res.No. 10-
FOURTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH C35 amend
ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF Franchise
JULY 1,2010 THROUGH JUNE 30,2011. Agreement.
Moved by Councilmember Carrillo, seconded by Councilmember Hanks 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
06/21/10 PAGE THREE
RECONSIDERATION OF CITY COUNCIL ACTION REGARDING APPLICATION FOR AZUSA Reconsideration
ROCK MODIFICATION TO CONDITIONAL USE PERMIT C-89-20, REVISED RECLAMATION Council Action
PLAN, DEVELOPMENT AGREEMENT AND ENVIRONMENTAL IMPACT REPORT (EIR), Vulcan Materials
LOCATED AT 3901 FISH CANYON ROAD,APPLICANT: VULCAN MATERIALS COMPANY
Assistant Director of Economic and Community Development McNamara addressed the issue presenting C.McNamara
the three procedural alternatives as follows: 1) Take no further action and direct Vulcan to re-file its Comments
Application,2)Direct staff to further address issues related to the proposed project and further direct that
the staff notice a new public hearing for July 6, 2010, and 3) Direct staff to address the issues without
setting a new public hearing date,he then responded to questions posed by Councilmembers.
After Council comments it was moved by Councilmember Carrillo, seconded by Councilmember Hanks Vulcan Pub Hrg
and unanimously carried to 2) Direct staff to further address issues related to the proposed project and Set for July 6th
further direct that staff notice a new public hearing for July 6,2010.
The CONSENT CALENDAR consisting of Items D-1 through D-9 was approved by motion of Consent Calendar
Councilmember Hanks, seconded by Mayor Pro-Tem Gonzales and unanimously carried with the Dl—D-9
exception of items D-5 and D-8,which were considered under the Special Call portion of the Agenda. D-5&8 Spec
1. The minutes of the regular meeting of June 7, 2010, and the Special Meetings of February 22nd, Min appvd
March 22nd, and April 26th, 2010, were approved as written. Mayor Rocha and Councilmember
Hanks abstained from the minutes of February 22nd as they were absent.
2. Human Resources Action Items were approved as follows: HR Action
Merit Increase and/or Regular Appointment L. Ferrari, S. Chapman, N. Covarrubias, J. Items
Madaloni,J.Poulos,S.Willison J.Retana,S.Bowman,S.Paragas.
Flexible Staffing Promotion: B.Bommarito,Customer Service Representative.
Separation: T. Henson, Police Officer, effective 5/11/10 and M. Hendricks, Police Officer,
effective 5/1/10.
3. In accordance with Sections 2-523 and 2-524, under Article VII, Bidding and Contracting,of the Blanket P.O.'s
Azusa Municipal Code,the issuance of Blanket Purchase Orders in an amount of$10,000 or more, Approved
detailed on the schedule,was approved
4. The six attached library policies: Materials Selection Policy; Patron Conduct Policy; Internet Use Library Policies
Policy; Meeting Room Policy, Wheelehan Auditorium; Friends of the Library Policy; Display Approved
Policy,were approved.
5. SPECIAL CALL ITEM. Spec Call
6. Authorization was given for additional funds in the amount of$46,260.00 for CIP#66110G,Target Add'l Funds
Intersection Improvements Project,to CT&F, Incorporated for the acquisition of Caltrans required Target Imp
signal equipment at the intersection of Azusa Avenue and First Street.
7. The Notice of Completion for the following project was approved and staff was authorized to file NOC Citrus&
the Notice of Completion with the Los Angeles County Clerk: Citrus Avenue and University Drive University Drive
Traffic Signal and Communication Project No. 66109M—$103,844.59—Christopher R. Morales, Traffic Sig
Inc.,San Dimas,CA 91773
8. SPECIAL CALL ITEM. Spec Call
9. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C37
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
SPECIAL CALL ITEMS Spec Call
A TWO-YEAR EXTENSION OF THE EXPIRATION DATE FOR THE APPROVED DESIGN REVIEW 2 Year extend
DR 2007-43 FOR THE 700 BLOCK OF DALTON AVENUE. APPLICANT: CITY OF AZUSA Design Review
REDEVELOPMENT AGENCY Dalton
Discussion was held between Councilmembers and staff regarding the status of the subject project,it was Discussion
then moved by Councilmember Hanks, seconded by Councilmember Carrillo and carried by roll call to
approve a two-year extension of time for the Design Review.
Councilmember Hanks offered a Resolution entitled:
06/21/10 PAGE FOUR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res No 10-C36
A TWO-YEAR TIME EXTENSION FOR DESIGN REVIEW DR 2007-43 FOR THE 700 BLOCK OF Approving a two-
DALTON AVENUE,AZUSA,CALIFORNIA. year extension of
time for Design
Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and Review DR
adopt. Resolution passed and adopted by the following vote of the Council: 2007-43.
AYES: COUNCILMEMBERS: CARRILLO,MACIAS,HANKS
NOES: COUNCILMEMBERS: GONZALES,ROCHA
ABSENT: COUNCILMEMBERS: NONE
APPROVAL OF PROPOSED AGREEMENTS WITH GMAC RESIDENTIAL CAPITAL, LLC/RC Agmts GMAC
PROPERTIES VI REGARDING CONDITIONS OF DEVELOPMENT AND REIMBURSEMENT OF Residential Cap
LEGAL FEES FOR ROSEDALE PROJECT. LLC/RC Prop
Discussion was held regarding the subject project, it was moved by Councilmember Hanks, seconded by Discussion
Councilrnember Carrillo and unanimously carried to approve the proposed "Agreement to Satisfy And Approval
Conditions of Development' and the proposed "Reimbursement Agreement" with GMAC Residential
Capital LLC/RC Properties VI (GMAC) regarding the sale and development of 98 units in the master-
planned community of Rosedale,and authorize the City Manager to execute the agreements,with any non-
substantive revisions approved by the City Attorney and subject to fmalizing terms of agreement directed
by City Council
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA convened
10:35 P.M. THE CITY COUNCIL RECONVENED AT 10:36 P.M. Cncl reconvened
It was consensus of Council to adjourn Adjourn
TIME OF ADJOURNMENT: 10:37 P.M.
CITY CLERK
NEXT RESOLUTION NO.2010-C38.
NEXT ORDINANCE NO.2010-05.
06/21/10 PAGE FIVE
(-7:7Q
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: F.M. DELACH, CITY MANAGER / '�
DATE: JULY 6, 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 June 22, 2010,the Personnel Board confirmed the following Department Head recommendation regarding the
following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
UTL Derek Baird Water Distribution Worker II Merit Increase 5178/3
06/01/2010 $4422.15
UTL Catherine Ruiz Office Specialist Merit Increase 4143/3
06/08/2010 $3328.23
PD Jesse Landa Police Officer Merit Increase 6101/5
05/27/2010 $6691.99
B. 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
PD Richard Martinez Police Officer Trainee Pending Physical 6101/1
and Background $5495.09
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
' Z 03 is k...
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r,:;-':'-'',2:::',7-1 .'41,7,-1,74,42:,Itt.„4:15.41**7.44 ,-1?--V,7-4-4.44:c;,--- .4r.,1,r 71,,,:4,.'7:14trieZ ''''',=' 4"1:,,,:' -isAW::->?`-• *"' F.4:413 -tr.,,,,-
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER %4. ..- ---.e. ��
DATE: JULY 6, 2010
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT
BALANCES FOR THE MONTH OF MAY 2010
RECOMMENDATION:
It is recommended that the Council Members receive, review, and file the City Treasurer's
Report for the City of Azusa for the month of May 2010.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa
for the month of May 2010. City investments are made in accordance with the City's
Investment Policy adopted and approved with Resolution No. 05 — C16 dated, October 5, 2009
and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months are expected
to be sufficient to meet cash disbursement requirements of the City for at least the next six
months.
The change in total cash in bank and investments from March 31, 2010 to April 30, 2010 is a net
increase of$463,704.13.
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit May 31, 2010
Held in Wells Fargo Bank
Prepared by: Marcene Hamilton, Treasurer
Interest or Balance
Face Maturity Account Number
Amount Date Coupon Description or
CUSIP
Rate or
Market Value
Checking Accounts
General Checking Account XXX-XXX1244 155,115.00
Overland Sweep Account DDA XXX-XXX 1244 2,209,157.34
Worker's Compensation Checking XXXX-XX0318 0.00
Flexible Reimbursement XXXX-XX5036 0.00
Payroll Checking (ZBA account) XXXX-XX1393 0.00
Police Petty Cash Fund XXX-XXX0334 189.12
Section 108
0.970% Choice IV-Public Fund Account XXX-XXX2239 30,852.94
200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00
ISO Collateral Account
300,000 Every 30 Days 0.050% Certificate of Deposit XXX-XXX1658 314,056.74
1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,359,938.98
Covington Endowment
Money Market Mutal Funds WFB XXXX7554 17,692.52
100,000 06/29/09 4.200% Certificate of Deposit- 25467JG21 WFB 25467JG21 100,000.00
TOTALS 5,187,002.64
CITY OF AZUSA TREASURER'S REPORT
1
TREASURY INVESTMENTS May 31,2010
Prepared by: Marcene Hamilton,Treasurer
Market Price
Coupon Maturity Settlement
Broker Face Amount Description gate Date Acct/Cusip No. Date Principal" (Changes Market Value*"
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Wachovia Sec 2,000,000 FHLB 3.125 11/17/11 3.125% 11/17/11 _ 3133X5M70 11/17/08 2,000,000.00 101.063000 2,021,260.00
Wachovia Sec 2,000,000 FFCB2.25002/17/12 2.250% 02/17/12 _ 31331GND7 03/16/09 1,999,000.00 102.125000 2,042,500.00
Wachovia Sec 1,000,000 FHLB 2.25004/13/12 2.250% 04/13/12 _ 3133XTAW6 03/16/09 999,500.00_, 102.406000 1,024,060.00
Higgins Capital 2,000,000 FHLMC 2.500 04/08/13 2.500% 04/08/13 3128X8TZ5 04/08/09 2,000,000.00 101.618000 2,032,360.00
Gilford Sec 2,000,000 FHLB 2.500 12/23/13 2.500% 12/23/13 3133XW7E3 12/23/09 1,997,000.00 100.875000 2,017,500.00
Wachovia Sec 1,000,000 FFCB 2.700 1/21/14 2.700% 01/21/14 3128X9UU2 01/21/10 1,000,000.00 100.270000 1,002,700.00
Gilford Sec 1,000,000 FFCB 2.420 02/11/14 2.420% _ 02/11/14 313311DL4 02/11/10 1,000,000.00 100.188000 1,001,880.00
Gilford Sec 1,000,000 FHLB 2.400 0324/14 2.400% 03/24/14 _ 3133XXLU9 03/24/10 998,400.00 100.750000 1,007,500.00
Gilford Sec 1,000,000 FHLB 2.500 0428114 2.500% 04/28/14 3133XY2A2 04/28/10 1,000,000.00 100.938000 1,009,380.00
Gilford Sec - 2,000,000 FFCB 2.450-5/13/14 2,450% 05/13/14 ,3133IJNM1 05/14/10. 2,000,000.00 101.313000 2,026,260.00
Gilford Sec 2,000,000 FFCB 3.750 06/17/14 3.750% 06/17/14 31331GYT0 06/18/09 2,000,000.00 100.156000 2,003,120.00
Higgins Capital 2,000,000 FFCB 3.680 08/18/14 3.680% 08/18/14 31331GJ59 08/18/09 2,000,000.00 100.750000 2,015,000.00
Higgins Capital -.2,000,000 FHLB 1.500 Step Up:to 6.000 1.500%', 11/26/14 3I33XYKV6 05/26/10 2,000,000.00 100.156000 2,003,120.00
Gilford Sec 1,000,000 FFCB 2.950 02/02/15 2.950% _ 02/15/15 31331JCX9 02/02/10 1,000,000.00 101.469000 1,014,690.00
Higgins Capital 2,000,000 FHLMC 3.050 02/24/15 3.050% 0224/15 _ 3128X9XE5 02/24/10 2,000,000.00 100.580000 2,011,600.00
Gilford Sec 1,000,000 FHLB 3.000 0323/15 3.000% 03/23/15 3133XXH42 03/23/10 1,000,000,00 100.563000 1,005,630.00
Gilford Sec 2,000,000 ,FFCB 2.980 0420/15 . 2.980% 04/28/15 313317LB7 04/20/10 2,000,000.00 100.844000 2,016,880.00
Wachovia Sec2,000,000 FHLB 2.000 Step Up to 3.300 2,000% 05/18/15. 3133XYCC7 05/18/10 1,998,750.00 100.375000 2,007,500.00
TOTALS 29,000,000 28,992,650:00 29,262,940:00
WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.150% N/A N/A N/A 5,000,000.00 100.000000 5;000,000.00
Light&Water Fund Investments - AAA Rated Federal Agency Bonds
Higgins Capital 1,215.000.00 FHLB 2.10009/06/11 2.100% 09/06/11 - 3133XTA97 03/06/09 1,215,000.00 101.781000 1,236,639.15
Higgins Capital 2,000,000.00 FNMA 2.250 02/24/12 2.250% 02/24/12 3136FHCF0 02/27/09 2,000,000.00 101.156000 2,023,120.00
Higgins Capital 3,000,000.00 FFCB 3.680 08/18/14 3.680% 08/18/14 31331GJ59 08/18/09 3,000,000.00 100.750000 3,022,500.00
Higgins Capital 3,000,000.00 FNMA 3.0000129/15 3,000% 01/29/15 31398AE81 01/29/10 3,000,000.00 100.406000 3,012,180.00
TOTALS 9,215,000,00 9,215,-000,00 9,294,439:15
WFB-L&W THIRD PARTY CUSTODIAL.'TRUST ACCT 0.150% N/A N/A N/A 1.01 100000000 L01
LAIF-CITY LOCAL AGENCY'INVESTMENT'FUND 0.560% N/A N/A N/A 12,907,551.52 100.000000 12,907;551.52
TOTAL INVESTMENTS IN FEDERAL AGENCIES,WFB INSTITUTIONAL TRUSTS,and LAIF 56,115,202.53 56,464,931.68
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2009) 1,262,511.94
.The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security.
**The"Market Value" is the current price at which a security can be traded or sold.
Treasurer Report May 2010 Times Roman.xis 6/21/2010 7:55 PM
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS Thru May 31,2010
Prepared by: Marcene Hamilton,Treasurer
Scheduled Scheduled Interest
Face Amount Net Amount Coupon Maturity Date Acct/Cusip No. Payment 2009/2010 Semi-Annual Received
Rate Schedule Interest Payment Fiscal Year to
Earnings Amount Date*
City of Azusa Investments - AAA Rated Federal Agency Bonds
2,000,000 2,000,000 4.300% MATURED : 3133XCDQ3 7/14&1/14 43,000.00 43,000.00 43,000.00
2,000,000 2,000,000 2.375% CALLED 3133XSRF7 7/9&1/9 23,750.00 23,750.00 24,541.67
2,000,000 2,000,000 2.550% CALLED 31331GSD2 10/8&4/9 14,733.33 14,733.33 14,733.33
2,000,000 2,000,000 2.350% CALLED 3133XSXQ6 8/6&2/6 47,000.00 23,500.00 23,500.00
2,000,000 2,000,000 2.875% CALLED 31331GUE7 11/6&5/6 57,500.00 28,750.00 22,201.39
2,000,000 2,000,000 3.875% CALLED 31331GEG0 11/10&5/10 77,500.00 38,750.00 38,750.00
2,000,000 2,000,000 3.375% CALLED 31331GEW5 11/18&5/18 67,500.00 33,750.00 33,750.00
2,000,000 2,000,000 4.200% MATURED 3133X9N48 12/15&6/15 84,000.00 42,000.00 42,000.00
2,000,000 2,000,000 2.000% CALLED 3136FHXH3 12/10&6/10 40,000.00 20,000.00 20,000.00
1,000,000 1,000,000 3.950% CALLED 31331Y3E8 7/15&1/15 39,500:00 19,750.00 39,500.00
2,000,000 2,000,000 2.550% CALLED 3133XT2P0 8/24&2/24 51,000.00 25,500.00 51,000.00
1,000,000 1,000,000 3.000% SOLD 3128X9SD3 12/30&6/30 15,000.00 15,000.00 4,500.00
1,000,000 1,000,000 3.300% SOLD 3136FJK83 7/15&1/15 0.00 16,500.00 4,491.67
1,000,000 1,000,000 2.250% ' CALLED 31331JBT9 7/29&1/29 0.00 11,250.00 7,275.00
2,000,000 2,000,000 2.300% CALLED 31331G4J5 9/3&3/3 11,500.00 11,500.00 18,527.78
2,000,000 2,000,000 1.125% CALLED 3133XVU25 11/27&5/27 11,250.00 11,250 00' 11,250.00
2,000,000 2,000,000 2.500% CALLED 31331GVS5 11/20&5/20 50,000.00 25,000.00 50,000.00
4,000,000 4,000,000 3.450% CALLED` 3133XQTD4 11/14&5/14` 138,000.00 69,000.00 138,000.00
1,000,000 1,000,000 2.000% CALLED 3133WWH8 8/26&2/26 0.00 10,000.00 5,000.00
2,000,000 2,000,000 3.125% 11/17/11 3133XSM70 11/17&5/17 62,500.00 31,250.00 62,500.00
2,000,000 1,999,000 2.250% 02/17/12 3133IGND7 8/16&2/17 45,000.00 22,500.00 45,000.00
1,000,000 999,500 2.250% 04/13/12 3133XTAW6 10/13&4/13 22,500.00 11,250.00 22,500.00
2,000,000 2,000,000 2.500% 04/08/13 3128X8TZ5 10/8&4/8 50,000.00 25,000.00 50,000.00
2,000,000 2,000,000 2.500% 12/23/13 3133XW7E3 12/23&6/23 . 25,000.00 25,000.00
1,000,000 1,000,000 2.700% 01/21/14 3128X9UU2 7/21&1/21 0.00 13,500.00
1,000,000 1,000,000 2.420% 02/11/14 31331JDL4 8/11&2/11 0.00 12,100.00
1,000,000 1,000,000 2.400% 03/24/14 3133XXLU9 9/24&3/24 0.00 12,000.00
1,000,000 1,000,000 2.500% 04/28/14 3133XY2A2 10/28&4/28 0.00 12,500.00
2,000,000 2,000,000 2.450% 05/13/14 31331JNM1 11/13<&5/13 136.11 24,500.00 136.11
2,000,000 2,000,000 3.750% 06/17/14 31331GYT0 12/17&6/17 75,000.00 37,500.00 37,500.00
2.000,000 2,000,000 3.680% 08/18/14 31331GJ59 8/18&2/18 36,800.00 36,800.00 36,800.00
2,000,000 2,000,000 1.500% 11/26/14 3133XYKV6 11/2&5/26 0.00 15,000.00
1,000,000 1,000.000 2.950% 02/15/15 31331JCX9 8/2&2/2 0.00 14,750.00
2,000,000 2,000,000 3.050% 02/24/15 3128X9XE5 8/24&2/24 0.00 30,500.00
1,000,000 1,000,000 3.000% 03/23/15 3133XXH42 9/23&3/23 0.00 15,000.00
2,000,000 2.000,000 2.980% 04/20/15 31331JLB7 10/20&4/20 0.00 29,800.00
2,000,000 1,998,750 2.000% - 05/18/15 3133XYCC7 11/18&5/18 0.00 20,000.00
29,000,000 ACTIVE INVESTMENTS 1,088,169.44 871,933.33 S46,456.95
CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
5,000,000.00 0.150% n/a N/A Monthly Per Balance and Rate 3,543.06
Light&Water Fund Investments-AAA Rated Federal Agency'Bonds
3,000,000 3,000,000 2.350% CALLED 3133XSXQ6 8/6&2/6 70,500.00 35,250,00 35,250.00-
3,000,000 3,000,000 4.150% CALLED 3133XNZC6 7/29&1/29 124,500.00 62,250.00 124,500.00
1,215,000 1,215,000 2.100% _ 09/06/11 , 3133XTA97 9/6&3/6 25,515.00 12,757.50 25,515.00
2,000,000 2,000,000 2.250% 02/24/12 3136FHCF0 8/24&2/24 45,000.00 22,500.00 45,000.00
3,000,000 3,000,000 3.680% 08/18/14 31331GJ59 8/18&2/18 55,200.00 55,200.00 55,200.00
3,000,000 3,000,000 3.000% 01/29/15 31398AE81 7/29&1/29 0.00 45,000.00
9,215,000 ACTIVE INVESTMENTS 320,715.00 232,957.50 285,465.00
Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
1.01 0.150% N/A N/A Monthly Per Balance and Rate 159.96
0.00
CITY-Local Agency Investment Fund-Liquid Asset
12,907,551.52 0.560% N/A N/A Quarterly Per Balance and Rate 126,886.97
*Fiscal Year: July 1-June 30 TOTAL INTEREST EARNED YTD 1,262,511.94
of 92 � � :
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us ey,
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER( V
DATE: JULY 6, 2010
SUBJECT: AGREEMENT RENEWAL WITH LA WORKS FOR FY 2010/11
RECOMMENDATION
It is recommended that the City Council approve and execute the attached agreement with LA Works for
Fiscal Year 2009/10 in an amount not to exceed $58,823.
BACKGROUND
The City of Azusa has maintained a Beautification Program with LA Works for several years. The
program has benefited the City by providing a supervisor and crew to perform various roadway related
maintenance tasks including but not limited to the following; weed abatement in the public right-of-way,
curb painting, alley clean-up, etc. The City has realized outstanding results from this program. It enables
our own crews to concentrate on skilled labor tasks (concrete curb and gutter repairs, asphalt patching,
etc) while other less skilled but necessary maintenance tasks are performed by LA Works.
This agreement will provide 190 working days of service. The work crew is composed of 1 skilled
supervisor and 3-4 trainees.
FISCAL IMPACT
The funds to cover the cost of this agreement are budgeted in FY 2010-2011 from Public Works-
Roadway Streets Maintenance, account#12-55-661-000-6493.
Attachment: LA Works Agreement
LA WORKS
COMMUNITY BEAUTIFICATION PROGRAM
AGREEMENT
On this day of July, 2010, East San Gabriel Valley Consortium d b . LA
Works, 5200 Irwindale Ave., Irwindale, California, hereinafter referred to as "LA
Works", and the City of Azusa, 213 E. Foothill Blvd_, Azusa, California, hereinafter
referred to as"City" enter into this Agreement.
Scope of Services
The purpose of this program is to provide weed abatement, debris clean-up, public
facility painting, and assistance to the public works department as requested by the City
City Responsibilities
A. Contract with and fund LA Works to perform the services as described above.
B. City shall pay LA Works for services rendered in twelve (12) monthly periodical
payments, not to exceed $58,823
LA Works Responsibilities
A. Provide the City with a crew composed of one skilled supervisor and WIA
trainees
B Perform work assignments as designated by the Public Work Director of the
City of Azusa or his designee.
C The LA Works Crew will provide a vehicle and incur operating (maintenance
& gas) expenses.
D. LA Works will procure and maintain for the duration of the agreement, and
any amendments thereto, automobile liability insurance for the vehicle for
injuries to persons or damages to property that may arise from LA works use
of the vehicle. LA works shall maintain limits no less than one million dollars
($1,000,000) for bodily injury and property damages, combined single limit,
per occurrence and aggregate. LA Works shall obtain endorsements to the
policies providing the above insurance adding the following three provisions.
1. "The City and its elected and appointed boards, officers, agents and
employees are additional insured with respect to the subject
Agreement."
Wage
2 "Said policy shall not terminate, nor shall it be cancelled nor the
coverage be reduced, until thirty days after written notice is given to
the City of Azusa."
3 "Any other insurance maintained by the City of Azusa shall be excess
and not contributing with the insurance provided by this policy"
Independent Contractor
LA Works and any employees of LA Works are acting as independent contractors and
not as agents or employees of the City. LA Works and their employees shall not represent
or otherwise hold themselves out of any of its directors, officers, partners, employees, or
agents to be agents or employees of the City. LA Works and LA Works employees shall
obtain no rights to retirement benefits or other benefits, including, but not limited to,
medical, health, life or disability, which may accrue to City employees.
Authority to Enter Agreement
LA Works has all the requisite power and authority to conduct, execute, deliver and
perform the services described in this Agreement. Each part warrants that the individuals
who have signed this Agreement have legal power, right and authority to make this
Agreement and bind each respective party.
Term of Performance
Said services of LA Works will commence on July 1, 2010 and shall be completed no
later than June 30, 2011.
LA Works shall provide 190 working days of service to the City. Service days include
work completed by WIA Youth crews during the period of July 1, 2010 to June 30, 2011
In addition, LA Works shall credit the City with five(5) days of inclement weather(non-
service) days during the contract year. LA Works reserves the right to count all other
inclement weather (non-service) days occurring thereafter, as part of the 190 days of
service.
Compensation and Method of Payment
For performance of such service, the City will pay LA Works an amount of money not
exceeding $58,823 which payment shall constitute the full and complete compensation
for LA Works' services under this Agreement. The City shall periodically draw a warrant
on behalf of LA Works upon receipt of an itemized invoice conforming to the budget.
2IPage
Budget
Community Beautification Services- Consists of 190 days of service plus the operational
vehicle costs totaling $58,823 (see budget for details)
Program Evaluation and Review
LA Works shall make available for inspection its performance, financial and all other
records pertaining to the performance of this Agreement to authorized City personnel,
and shall issue such financial and program reports as requested by the City.
Termination
Either party may terminate this agreement by giving written notice of at least thirty (30)
days prior to the effective termination date.
This agreement may be modified at any time by mutual consent, but such modification
must be in written form and signed by the authorized representative of each.
Indemnification
LA Works shall indemnify, defend and hold harmless the City from any claim,judgment,
liability, Ioss or expense, including attorney's fees, court costs and necessary or
convenient disbursements, for any damage whatsoever, including but not limited to,
death, bodily injury or damage to property, proximately resulting from or arising out of,
any act or omission of LA Works, its officers, employees, agents or contractors in the
performance of this Agreement..
Mayor Date
Authorized Representative
City of Azusa
Chief Executive Officer Date
Authorized Representative
LA Works
3 Page
4,1i
OF��G _
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CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,JUNE 21,2010—9:19 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the
above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads,Secretary Mendoza,Deputy Secretary Toscano.
JOINT SCHEDULED ITEM Sched Items
THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND Convene jntly
THE AZUSA PUBLIC FINANCING AUTHORITY AT 9:19 P.M. TO CONSIDER THE Cncl,CRA,APFA
FOLLOWING: Budgets
FISCAL YEAR 2010/11 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND
REDEVELOPMENT AGENCY BUDGET ADOPTION.
Administrative Services Chief Financial Officer Kreimeier presented the budget,which included all three A.Kreimeier
entities, i.e. City, Redevelopment Agency and Azusa Public Financing Authority and responded to CFO presented
questions posed by Councilmembers. He noted that the budget was balanced by delaying filling positions Budgets
in certain departments and City Manager responded to questions regarding
Moved by Councilmember Carrillo,seconded by Councilmember Hanks and unanimously to adopt:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,ADOPTING THE BUDGET Res.No. 10-C34
AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget
COMMENCING JULY 1,2010 AND ENDING JUNE 30,2011.Resolution No.10-C34.
Moved by Director Gonzales,seconded by Director Carrillo and unanimously to adopt:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Res.No.10-R21.
THE CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING Redevelopment
APPROPRIATIONS FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR Budget
COMMENCING JULY 1,2010 AND ENDING JUNE 30,2011.Resolution No.10-R21.
Moved by Board Member Carrillo,seconded by Councilmember Hanks and unanimously to adopt
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res.No. 10-Pl.
AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Azusa Public
AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,2010 AND ENDING JUNE 30, Financing
2011.Resolution No. 10-P1. Authority Budget
THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING CRA Recess
AUTHORITY TO ADJOURNED,AND CITY COUNCIL CONTINUED AT 9:27 P.M. APFA Adjn /1,_,. J
1
THE REDEVELOPMENT AGENCY RECONVENED AT 10:35 P.M. CRA Reconvened
AGENCY SCHEDULED ITEMS Agency Sched Item
Director Carrillo offered a Resolution entitled:
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE Res. 10-R22
CITY OF AZUSA,CALIFORNIA,REVISING THE BYLAWS OF THE AGENCY. Revising By Laws
Moved by Director Camillo, seconded by Director Gonzales to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Agency Board Members:
AYES: DIRECTORS: GONZALES,CARRILLLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
The CONSENT CALENDAR consisting of items F-1 through F-3 was approved by motion of Consent Cal.
Director Gonzales,seconded by Director Hanks and unanimously carried. Approved
1. Minutes of the regular meeting of June 7,2010,were approved as written. Min appvd
2. Prime Demolition Inc.of San Pedro,CA has completed the abatement and demolition of the Atlantis NOC
Garden Project No. 505320. The Notice of Completion was approved and its execution and Prime Demo
recordation were authorized. Atlantis Gardens
3. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.No. 10-R23
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Warrants
SPECIAL CALL ITEMS Spec Call Items
None.
None
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 10:36 P.M.
SECRETARY
NEXT RESOLUTION NO. 10-R24.
06/21/10 PAGE TWO
0.611:44,
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AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TTRREEASURERV
DATE: JULY 6, 2010
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S
STATEMENT OF CASH BALANCES FOR THE MONTH OF MAY 2010
RECOMMENDATION
It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of
Cash Balances for the Redevelopment Agency of the City of Azusa for the month of May 2010.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment
Agency of the City of Azusa("Agency")for the month of April 2010. Agency investments are made
in accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 09-R53 dated October 5, 2009, and Government Code Section 53601. Investment
activity is summarized in the"Treasury Book Balances-Cash and Investments" schedule, attached
herewith and an integral part of this report.
Agency cash and investment balances increased by $614,060.92. Cash received totaled
$1,114,061.46, and disbursements of$500,000.00 were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$7,780,280.47, Wells Fargo Bank,the fiscal agent,held$4,124,223.58 on behalf of
the Agency. These funds are restricted for payment of debt service on the bonds and special bond-
funded projects. The remaining $3,656,056.89 was available for Agency operating, debt service,
restricted expenses, and outstanding liabilities.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months is expected to
be sufficient to meet cash disbursement requirements for at least the next six months.
MH EG
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
MAY 2010
Maximum
Deposits Cost Interest Mkt
• Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit $567,612.25 FDIC up to$100,000.00 Ongoing 0.000% $567,612.25
>$100,000 collaterized by 110%in govn't securities
Local Agency Investment Fund(LAIF) $20,000,000.00 3,088,444.64 Backed by faith&credit of the State of California Ongoing 0.560% 3,092,098.55
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $3,656,056.89 $3,659,710.80
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 0.40 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.40
2003A Interest Account
AIM Gov't Portfolio No limit 0.00 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.00
2003A Principal Account
AIM Gov't Portfolio No limit 1.97 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 1.97
2003A Reserve Account
Reliance Certificate of Deposit No limit 1,085,192.59>$100,000 collaterized by 110%in govn't securities 12/04/14 0.010% 1,085,192.59
Reliance Trust Co.Cash Equivalent Mmkt No limit 1,110.07 N/A Ongoing 0.000% 1,110.07
AIM Govt Portfolio No limit 1,149.78 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 1,149.78
2003 Merged Project Tax Allocation Bonds Subtotal: $1,087,454.81 $1,087,454.81
Interest Collections: $0.02
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt No limit $0.19 N/A Ongoing 0.000% $0.19
2005 Interest Account
Wells Fargo Advantage Gov't Mmkt No limit 0.00 N/A Ongoing 0.000% 0.00
2005 Redevelopment Fund
AIM Institutional Prime-Cash Mgmt/MMk No limit 0.00 N/A Ongoing 0.000% 0.00
• 2005 Reserve Account
Reliance Certificate of Deposit No limit 869,259.17>$100,000 collaterized by 110%in govn't securities 12/04/14 0.010% 869,259.17
Reliance Trust Co.Cash Equivalent Mmkt No limit 910.98 N/A Ongoing 0.000% 910.98
2005 Merged Project Tax Allocation Bonds Subtotal: $870,170.34 $870,170.34
Interest Collections: $0.00
2007A Merged Protect Tax Allocation Bonds
2007A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.87 N/A Ongoing 0.000% $0.87
2007A Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007A Principal Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007A Merged Project Tax Allocation Bonds Subtotal: $0.87 $0.87
Interest Collections: $0.00
2007B Merged Project Tax Allocation Refunding Bonds
20078 Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $372.89 N/A Ongoing 0.000% $372.89
2007B Interest Account
•
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
MAY 2010
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007B Principal Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
20078 Reserve Fund
Reliance Certificate of Deposit No limit 325,042.50>$100,000 collaterized by 110%in govn't securities 12/04/14 0.010% 325,042.50
Reliance Trust Co.Cash Equivalent Mmkt No limit 0.00 N/A Ongoing 0.000% 0.00
200713 Merged Project Tax Allocation Bonds Subtotal: $325,415.39 $325,415.39
Interest Collections: $0.00
2008A Merged Proiect Tax Allocation Bonds
2008A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $17,780.01 N/A Ongoing 0.010% $17,780.01
2008A Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2008A Reserve Fund
Reliance Trust Co.Savings and Cert.of Deposit No limit $655,240.76 >$100,000 collaterized by 110%in govn't securities 12/19/13 2.650% 655,240.76
Reliance Trust Co.Cash Equivalent Mmkt No limit $0.40 N/A Ongoing 0.000% 0.40
2008A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2008A Merged Project Tax Allocation Bonds Subtotal: $673,021.17 $673,021.17
Interest Collections: $0.15
20088 Merged Project Tax Allocation Housing Bonds
2006B Bond Fund
Wells Fargo Advantage Government Mmkt No limit $44,677.86 N/A Ongoing 0.010% $44,677.86
20088 Interest Account
Wells Fargo Advantage Government Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2008B Reserve Fund
Reliance Trust Co.Savings and Cert.of Deposit No limit $1,123,482.50 >$100,000 collaterized by 110%in govn't securities 11/21/13 4.000% 1,123,482.50
Reliance Trust Co.Cash Equivalent Mmkt No limit $0.64 N/A Ongoing 0.000% 0.64
2008B Low&Moderate Income Housing Fund
Reliance Trust Co.Cash Equivalent Mmkt No limit 0.00>$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 0.00
Wells Fargo Advantage Government Mmkt No limit $0.00 N/A Ongoing 0.000% 0.00
20088 Merged Project Tax Allocation Bonds Subtotal: $1,168,161.00 $1,168,161.00
Interest Collections: $0.37
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $4,124,223.58 $4,124,223.58
Total-Azusa Redevelopment Agency
Cash and Investments: $7,780,280.47 $7,783,934.38
Total Interest Collections: $0.54
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trustee-generated Statements:bond funds listed
herein are restricted for payment of debt service and eligible projects and governed by
strict regulations described in the Trust Indentures.
*Market Value is the current price at which a security can be traded or sold.
WARRANT REGISTER NO.22 Lia4113
FISCAL YEAR 2009-10
WARRANTS DATED 06/01/10 THROUGH 06/15/10
FOR REDEVELOPMENT AGENCY MEETING OF 07-06-10 4
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $16,798.49
80-125-CBD CAPITAL PROJECTS FUND 307.64
80-135-WED CAPITAL PROJECTS FUND
80-185-RANCH CAPITAL PROJECTS FUND
80-165-624-2008A TAX ALLOCATION BONDS
81-155-TAX INCREMENT SET-ASIDE FUND 11,270.79
81-165-LM MRG TABO8B HS
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-165-MERGED PROJECT TAX ALLOCATION BONDS
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 28,376.92
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2010.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the day of 2010.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
Azusa HP06r/28/10 OPEN HOLD DB LISTING t Page W 28, 20100:47 PM --- leg: GL JL---loc: BI-TFtH---job: 751807 #3-8344= 40 <1.34> 1
rpt id: CHELTR02
SELECT FUND Codes: 80-82 ; Check Issue Dates: 060110-061510
P_ID-_ ` PE Narre Acoa JT / UU�3 NUNEER Invoice Nu±er I� iption St Disc. AIL. Dist. AIL.
V11440 ADVANEN3E CROUP, 8000000000-2724 62395 FLEX ALMIINT FEES/ PD 0.00 2.45
PEIUd:
0.00
d 2.45
Total : 2.45
V01305 AZUSA MY FU C 8000000000-3035 2610/1001011 PY411/10 PD 0.00 285.00
PEID timid: 0.00
Paid: 285.00
Total : 285.00
V10604 AZUSA MID E MAN 8000000000-3020 2618/1001011 PY#11/10 PD 0.00 35.00
PE1U Urcaid: 0.00
PPaaiid: 35.00
Total: 35.00
V11353 CHRISITANSH , KJ 8010110000-6235 060110 TRAVEL EXP/IcEC PD 0.00 588.99
PEID I_hd: 0.00
Paid: 588.99
Total: 588.99
V06783 CTTTSIREET 8000000000-3010 2315/1001011 PY=11/10 PD 0.00 124.71
V06783 CrE1SIREET 8000000000-3010 2310/1001011 PY=11/10 PD 0.00 720.92
V06783 (111SIREET 8000000000-3010 1310/1001011 PY=11/10 PD 0.00 266.57
PEID Urd: 0.00
Paid: 1,112.20
Total: 1,112.20
V01646 HDL
V01646 HDL & cENE 8010110000-6493 0015724]N FY 09/10 PR,DPIY PD 0.00 4,018.31
0015724IN FY 09/10 PROPTY PD 0.00 2,700.00
PEID Uraid: 0.00
Paid: 6,718.31
Total: 6,718.31
V02688 INIFEMT'ICLAL 00 8010110000-1799 1436343 RE L/SII A B PD 0.00 50.00
PEiDapaid: 0.00
City of Azusa HP 9000 06/28/10 OPEN H O L D DB LISTING By /Entity Narre Page 2
NEK JLN 28, 2010, 12:47 RK ---req: RUBY leg: GL JL---lcc: BI-'I -1---jab: 751807 #J8344---pct.n: CH400 <1.34> rpt id: OHFL'IR02
SELBOT FLED Codes: 80-82 ; Check Issue Dates: 060110-061510
PE ID PE Nacre ACtgaEr NE FBER / JOB NWPER Invoice Nu±er Description St Disc. Au . Dist. Ant.
Paid: 50.00
'Total: 50.00
V12570 LIDDLE & LI DLE, 8010110000-6301/505800-6301 10MY085 ANT CSNIESTE PD 0.00 250.00
V12570 T,1111 R & TTnnIE, 8010110000-6301/505800-6301 051910 EVIC/OBRYANF/10M Pll 0.00 750.00
PE11.) U paid: 0.00
Paid: 1,000.00
Total: 1,000.00
V03126 LEg31.141\ATICNAL 8000000000-3010 13210010111PD 0.00 45.00
V03126 LI DLN MZTICNAL 8000000000-3010 2325/1001011 PPYY=11/10 PD 0.00 50.00
PEW Unpaid: 0.00
Paid: 95.00
Zofia1 : 95.00
.77
V10322 M & T BANK 8000000000-3010 Mr-6/9/2010 Defrd � Pbl/P PPhlPSD 0.00 460.00773.00
PEID Urpaid: 0.00
Paid: 1,162.77
Total: 1,162.77
V06572 NATICEAL CCESIRU 8010125000-6815 2916256 INV.#2916256;303 PD 0.00 307.64
PF;lll d: 0.00
Paid: 307.64
Total: 307.64
V00540 01'1'10E DEPOT INC 8010110000-6530 518683295001 319-209 HP 09722 PD 0.00 202.16
V00540 0FF1cE DE CT INC 8010110000-6530 518683295001 319-099 HP C9723 PD 0.00 202.16
V00540 0i±c E ]JPOT INC 8010110000-6530 518683295001 319-055 HP 09721 PD 0.00 202.16
V00540 0rr'10E DEPOT INC 8010110000-6530 518683295001 319-275 HP 09720 PD 0.00 149.60
V00540 OFFICE DEPOT INC 8010110000-6530 518683295001 470187 AVERY IND PD 0.00 37.73
PEE.) LI-paid: 0.00
Paid: 793.81
Total: 793.81
V12157 PRIME EENDLITICN 8110155000-2745 6220 Ocntracts Pbl/Cb PD 0.00 -1,252.31
V12157 PRS DFNDLITICN 8110155000-7110/505320-7110 6220 CXNTINSEWY PD 0.00 12,523.10
W. :3& 28,
ity of Azusa HP 9000 06/28/10 OPEN HOLD DB LISTING By Enti Nacre Ppa�ge 3
JLN 28, 2010, 12:47 FM ---req: RUBY leg: CL JL---loc: BI-IDCi---job: 751807 # 78344---pgnP�00 <1.34> rpt id: CHFLTR02
SELEET FUND Cbc s: 80-82 ; Check Issue Rtes: 060110-061510
PB ID PE Nacre --- AC .Nr UNDER / JCB Invoice Nu rber Description St Disc. Amt. Dist. Amt.
PEIDd: 0.00
d: 11,270.79
Total : 11,270.79
V12457 SEFFER PETTY CAS 8010110000-6235 052610 Meetings & Cbnfe PD 0.00 84.29
V12457 SEFER PETTY CAS 8010110000-6240 052610 Mileage Reirrburs PD 0.00 23.00
V12457 SEL-1.H PETTY CAS 8010110000-6530 052610 Office Supplies FD 0.00 73.47
PE1.0 d: 0.00
Paid: 180.76
Total: 180.76
V12541 STIVPSCN ADVE T'S 8010110000-6625 3932 DESICI'T AND FINAL PD 0.00 1,675.00
V12541 SIMPSCN ADVERI'IS 8010110000-6625 3932 PRIMING OF 1,00 H) 0.00 2,474.86
PEID td: 0.00
d: 4,149.86
Total: 4,149.86
V08056 STANDARD ThSURAN 8000000000-2725 051510 LIFE HEM JiNE20 PD 0.00 96.74
V08056 SIP LARD INSURAN 8000000000-3044 051510D DISAB HRIENI JLNE2 PD 0.00 288.47
PEIDUio id: 0.00
Paid 385.21
Ictal: 385.21
V10053 SIANDARD INSURAN 8000000000-3044 1221/1001011 PY##11/10 PD 0.00 132.59
FEU) Urid: 0.00
Paid: 132.59
Total: 132.59
V04678 VERIZal WIRELESS 8010110000-6915 0864365667 0864365667/BLNa PD 0.00 86.97
PEL.) Ur d: 0.00
Paiid: 86.97
Total: 86.97
V00876 V ILLI MIRA 8000000000-3010 1330/1001011 PY=11/10 FD 0.00 15.00
V00876 WASRJN ILN MUILI 8000000000-3010 2335/1001011 PY=11/10 Fll 0.00 4.57
PEIDUp id: 0.00
City of Azusa HP 0 06/28/10 O P E N HOLD D B LISTING By Pa scn/Entity Nacre Page 4
M 0' 28, 2010900, 12:47 RSI ---rte: RUBY 1e3: GL JL---loc: BI-TDM---jab: 751807 # 78344---ytt: OH400 <1.34> rpt id: CHEEIR02
SELECT FUND Ctdes: 80-82 ; Check Issue Dates: 060110-061510
PE ID PR Narre A ITT ariBER / JOB MEER Invoice Nurrbex Description St Disc. AIL. Dist. Arcs.
-_ — — — — Paid: 19.57
Ibtal: 19.57
GRAND TOTAL U i_d: 0.00
Paid: 28,376.92
Tbta1 : 28,376.92