HomeMy WebLinkAboutAgenda Packet - July 26, 2010 - CC Spec ,01,0„.„
044,„,„ . T
* ,0 *
us
NOTICE AND CALL OF A SPECIAL MEETING
OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA:
NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council and the Redevelopment Agency of the City of
Azusa is hereby called to be held JULY 26, 2010, immediately following the Utility Board meeting, which begins at 6:30
p.m. at the Azusa Light and Water Conference Room located at 729 N. Azusa Avenue,Azusa, California.
Said Special Meeting shall be for discussing,hearing and taking action on the items listed below:
AMENDED AGENDA
A. PRELIMINARY BUSINESS
• Call to Order
• Roll Call
B. PUBLIC PARTICIPATION-Please note that public comments are welcomed by recognition of the Mayor.
C. REPORTS,UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. Consideration of the City sanction/hosting a bicycle safety-BMX show (Helmet/Bicycle Safety Program).
D. CITY AGENDA ITEM
1. APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED UNMARKED VEHICLE FROM
CARMAX FOR THE CHIEF OF POLICE
RECOMMENDED ACTION:
Approve the Police Department's purchase of one used, unmarked sedan for the Chief of Police, in the amount of
$19,082.80 (inclusive of tax,title and license fees)from CarMax in the City of Irvine.
E. JOINT CITY/REDEVELOPMENT AGENCY ITEM
1. APPROVE THE CONTRACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF
COMMERCE.
RECOMMENDED ACTION:
Authorize staff to finalize and execute the Agreement regarding Chamber of Commerce Funding and Support
between the City/Agency of Azusa and the Azusa Chamber of Commerce for Fiscal Year 2010/11.
F. CLOSED SESSION ITEM
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)).
AJDM v. City of Azusa, et al. Los Angeles Superior Court, Case No. BS111893 and City of Azusa v. AJDM Corp.
Los Angeles Superior Court, Case No. KC051862. (D-Club)
G. ADJOURNMENT
1. Adjourn
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.
2
t _ , -Q *
FYFyp ti� � � .�.y'1+ * �� 1k
us '
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER/ft/00
DATE: JULY 26, 2010
SUBJECT: APPROVE THE POLICE DEPARTMENT'S PURCHASE OF ONE USED
UNMARKED VEHICLE FROM CARMAX FOR THE CHIEF OF POLICE
RECOMMENDATION
It is recommended that the City Council approve the Police Department's purchase of one used,
unmarked sedan for the Chief of Police, in the amount of$19,082.80 (inclusive of tax, title and
license fees) from CarMax in the City of Irvine.
BACKGROUND
This fiscal year Chief Garcia budgeted to replace his 2005 Buick LeSabre which has nearly
81,000 miles. His Buick will be rotated to the detective bureau to replace a 2000 Ford Taurus
with over 86,000 miles. The Taurus has recently experienced several mechanical issues and is in
need of replacement.
Under City of Azusa Municipal Code (AMC), Section 2-518 (b) — purchases of supplies and
equipment between $10,000 and $24,999, the Police Department sought to procure a
replacement sedan utilizing authorized informal purchasing procedures. The Police Department
conducted "on-line" shopping for a "certified" used 2010 Chevrolet Impala LS, four door sedan
and found the advertised selling prices listed below (not inclusive of tax, title and license costs):
1) CarMax 8,097 miles $16,998
2) Martin Chevrolet 20,200 miles $17,995
3) Rotolo Chevrolet 9,100 miles $17,988
1
•
The Impala was selected for being an American-made car, its leg/head room, sound National
Highway Traffic Safety crash ratings and proven reliability based on Consumer Reports and real
life experience with other Impalas in the police fleet. The price listed below for the selected
CarMax Impala reflects the "out the door" cost (i.e., inclusive of selling price, tax, title and
license) for the vehicle:
➢ 2010 Chevrolet Impala LS, VIN 2G1 WA5EK9A1165297 $19,082.80
This vehicle is still under the manufacturer's three years or 36,000 miles warranty and limited 30
day CarMax warranty. The benefits from purchasing low mileage vehicles from a vendor like
CarMax is that their vehicles undergo a 125 point Certified Quality Inspection, the warranty, a
five day money-back guarantee and a savings of approximately 30% vs. purchasing a new car.
FISCAL IMPACT
The purchase of this vehicle from CarMax in the amount of$19,082.80 will be funded from the
Equipment Replacement Fund, Account No. 46-20-310-000-7135.
Prepared by:
Captain Sam Gonzalez
2
' u
EdMk/ (77:711114.,-, ',, —
C's)
US
CONSENT CALENDAR
TO: HONORABLE MAYOR/CHAIRMAN AND MEMBERS OF THE
COUNCIL/BOARD
FROM: F.M. DELACH, CITY MANAGERAA
DATE: JULY 26, 2010
SUBJECT: APPROVE THE ATTACHED CONTRACT FOR FISCAL YEAR 2010/11 WITH
THE AZUSA CHAMBER OF COMMERCE
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency authorize staff to finalize and
execute the Agreement Regarding Chamber of Commerce Funding and Support between the
City/Agency of Azusa and the Azusa Chamber Of Commerce for Fiscal Year 2010/11.
BACKGROUND
At the June 14, 2010 City Council meeting the Council directed staff to develop a new
agreement between the City and the Azusa Chamber of Commerce (Chamber) for fiscal year
2010/11. Staff was directed to reduce the contribution to the Chamber by 10% for fiscal year
2010/11 and develop a self-sufficiency program that would reduce the City's contribution to the
Chamber over the following nineteen year period. The Council during the City's budget process
then approved a contribution amount of $79,380, which is 10% less than the budgeted amount
for fiscal year 2009/10. The funding will be 41% ($32,996) from the Redevelopment Agency
and 59% ($46,834) from Azusa Light and Water.
The Chamber has been an active principal advocate for business and has historically been
recognized as the representative of all businesses, which contribute substantially to the City's
revenue base. The Chamber's mission is "to serve as a catalyst in transformation of business and
economic climate, resulting in a healthier, more prosperous Azusa". Over the years the City has
partnered with the Chamber in playing a key support role in economic development and business
retention efforts.
1
As per previously approved agreements, the Azusa Chamber of Commerce ("Chamber") has
agreed to:
• Employ competent, professional personnel to carry on the promotional and advocacy
activities of the City.
• Represent the interests of all Azusa businesses in promoting economic development and
lawful and positive business and local sales revenue.
• Participate in marketing the City's advantages inside and outside the community to retain
and attract business and local sales revenue.
• Promote improvement strategies that enhance the value of property and stimulate
investment and development of vacant or underutilized properties.
• Promote trade and business meetings and activities that further these goals.
• Expand services by including a Business Recognition Program, providing educational
programs, disseminating legislative and other information to the business community on
behalf of the City, and increasing marketing activities to promote the City.
Self-Sufficiency Plan
The Chamber will develop a strategy and plan which will enable it to become financially self
sufficient within nineteen (19) years from the ending term of this Agreement. The City
proposes this self-sufficiency plan as a plan only and, to facilitate this, the Chamber will be
subject to contribution reduction benchmarks.
1. In 2011/12, the City's contribution will be decreased 5% of Base Year Amount, to
$75,411.
2. In 2012/13, the City's contribution will be decreased $3,969 of Base Year Amount, to
$71,442.
3. In 2013/14, the City's contribution will be decreased $3,969 of Base Year Amount, to
$67,473.
4. In 2014/15, the City's contribution will be decreased $3,969 of Base Year Amount to
$63,504.
This yearly reduction of $3,969 will continue through fiscal year 2029/30 when the Chamber
will become self -sufficient. However, this is not a guarantee of future funding. A report and
action plan will be presented to the Azusa City Manager during the term of this Agreement
detailing how this goal will be achieved."
FISCAL IMPACT
$79,380 for fiscal year 2010/11 from the Redevelopment Agency ( 41% or $32,996) and Azusa
Light and Water (59% $46,834).
2
AGREEMENT REGARDING CHAMBER OF COMMERCE
FUNDING AND SUPPORT
BETWEEN
THE CITY OF AZUSA AND
THE AZUSA CHAMBER OF COMMERCE
This Agreement Regarding Chamber of Commerce Funding and Support ("Agreement") is entered
into as of this 1St day of July 2010 ("Effective Date") by and between CITY OF AZUSA ("City") and the
AZUSA CHAMBER OF COMMERCE (the "Chamber"). The City and Chamber are Sometimes
individually referred to herein as "Party" and collectively referred to as "Parties". This Agreement shall be
effective for the duration of one year, until the day of June 30, 2011.
RECITALS
A. City is desirous of promoting business, residential and economic development opportunities within
the City of Azusa, disseminating information relative thereto, and of properly following up and
giving consideration to inquiries made relative to the various activities of the City and its business,
residential and economic development opportunities; and
B. City is also desirous of forming joint legislative advocacy opportunities with other entities.
C. The Chamber has special knowledge, experience and facilities for disseminating such information
and legislative advocacy, is organized for and equipped to carry on promotional activities on behalf
of City and to publicize and exploit the economic and regional advantages that City has to offer to
business, residential and industrial interests; and
D. The Chamber has for more than a century been the principal citywide advocate for business and has
historically been recognized as the representative of all businesses, which contribute substantially to
the City's revenue base.
E. The Chamber's activities are recognized by law as being in the public interest and serving a public
purpose.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the Parties as follows:
A. Services
Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on
behalf of City and render the following services:
1. Maintain suitable quarters and employ competent, professional personnel to carry on the
promotional and advocacy activities of the City as herein stated.
2. Represent the interests of all Azusa businesses in promoting economic development and
lawful and positive business and local sales revenue.
3. Participate in marketing the City's advantages inside and outside the community to retain and
attract business and local sales revenue.
1
4. Promote improvement strategies that enhance the value of property and stimulate investment
and development of vacant or underutilized properties.
5. Promote trade and business meetings and activities that further these goals.
B. Responsibilities
Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on
behalf of City in the following areas:
1. Business
a. The Chamber shall actively work to increase the current Membership by 10%.
b. Serve as an advocate for the business community and as a City liaison when appropriate.
This shall be accomplished by operating as a visible and approachable representative of
business, and by disseminating legislative and other information to the business community on
behalf of the City.
c. Attend meetings of the Azusa City Council on a regular basis.
d. Maintain and continue to improve the image of the Chamber within the City of Azusa and
surrounding areas.
e. Assist the City in the attraction, retention and expansion of business in Azusa through the
work of an Economic Development Committee, which shall reach out to businesses and offer
workshops and assistance to the business community.
f. Provide Chamber Members with an avenue to announce their presence in the community at
large,through groundbreaking events, ribbon-cutting ceremonies and open houses.
g. Serve as a Member on the San Gabriel Valley Coalition of Chambers to provide a voice for
the business community within Azusa.
h. Host the Annual State Address for members of the community, employees of the City, and
business owners.
i. Provide educational programs to Chamber Members including: Internship Programs with
our Business Partners, Legislative Matters i.e., Legal Labor Laws for Small, Home Based and
Large Businesses, provision of a Community Resource Information Center; and Promotion of
Multicultural Markets specializing in Business Type, Industrial, Retail and all member
classifications.
j. Develop a Business Recognition Program in conjunction with the City of Azusa to include
all sizes of business. Develop criteria, plan and venue of recognition, e.g., Beautification of
Business in Azusa, Volunteer Award, Business of the Year, and Business Person of the Year.
Additionally, enhance our current New Chamber Member Reception for new members in
conjunction with the current increase of membership.
2
2. Community
The Chamber shall continue to improve the quality of life in Azusa by participating in the following
Community events and/or organizations:
a. Serve as a community volunteer on the "Kids Come First" golf tournament.
b. Serve as a liaison for the City in encouraging local businesses to participate in community
events.
c. Be an active Member of the Community Coordinating Council, and assist in the formation of
a directory listing non-profit and service organizations that shall serve as a welcome and
resource guide for new residents to Azusa.
d. Serve as a point of contact for the local business community to obtain information,
volunteer, or donate funds in support of the Vietnam Memorial Moving Wall.
e. Continue to take an active role in the President's Community Council at Azusa Pacific
University.
f. Promote community spirit by coordinating and attending the annual Azusa Day at the
Pomona Fairplex.
g. Support the City of Azusa's Annual Golden Days festivities by coordinating an event on one
evening of the weeklong festival.
h. Continue an increase in the following programs and events: Presidents Club; Membership;
Networking Events; New Member Receptions; Collaborative Mixers with adjoining cities;
Taste of the Town; State of the City; Job Shadow; and Meet the Mayor Reception.
3. Marketing and Business Development
The Chamber will increase its activities to market the City by performing the following:
a. I.C.S.C. —Partner with the City to support and promote Azusa
b. Include City staff from Economic Development in the Business Visitation Program with the
Chamber and Economic Development Committee.
c. Create a new City Map which includes the new Rosedale Development area.
d. Upgrade and improve the Design of the Chamber's Website
e. Update the marketing materials for the Chamber. Create a new marketing packet to include
folders, brochures, City information, maps, Chamber directory, and marketing giveaways. Also
design and create a "New Residential Packet" for new residents moving into Azusa.
f. Expand the publication of The Azusan (The Chamber's Newsletter) by increasing pages and
volume of advertisement, include a Mayor and/or City Council column, include testimonials
and case studies from businesses in Azusa, include City maps and information, and increase the
3
quality of the publication to include color. As a future goal, the Chamber will strive to increase
editions from bi-monthly to monthly, and increase distribution to all businesses within the City
of Azusa and add residential distribution.
C. Consideration
In consideration of the valuable services performed by the Chamber for City, as set forth above in
Section A hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of
($79,380.00) eighty-eight thousand two hundred dollars ("Base Year Amount"). This represents a 10%
decrease in the City's contribution from FY 2009/10. The City shall make payment, to the Chamber in
twelve monthly installments of$6,615.00. The Chamber agrees not to fund The Azusan or any other
Chamber newsletters or publications with any compensation provided by the City.
D. Duties of Executive Director
The Executive Director shall prepare and submit to the City Manager or his designee a written report
every sixty (60) days specifying the activities of Chamber during the preceding sixty (60) days. Said
report shall be prepared in format acceptable to the City Manger. Executive Director shall promptly
furnish City, upon the completion of Chamber's operating year, certified copies of its annual operating
statement.
E. Self-Sufficiency of the Chamber
The Chamber will develop a strategy and plan which will enable it to become financially self sufficient
within nineteen (19) years from the ending term of this Agreement. The City proposes this self-
sufficiency plan as a plan only and, to facilitate this, the Chamber will be subject to contribution
reduction benchmarks. In 2011/12, the City's contribution will be decreased 5% of Base Year Amount,
to $75,411. In 2012/13, the City's contribution will be decreased $3,969 of Base Year Amount, to
$71,442. In 2013/14, the City's contribution will be decreased $3,969 of Base Year Amount, to
$67,473. In 2014/15, the City's contribution will be decreased $3,969 of Base Year Amount to $63,504.
This yearly reduction of $3,969 will continue through fiscal year 2029/30 when the Chamber will
become self-sufficient. However, this is not a guarantee of future funding. A report and action plan
will be presented to the Azusa City Manager during the term of this Agreement detailing how this goal
will be achieved."
F. Indemnification
Chamber agrees that it will defend, indemnify and hold harmless City, and its elected officials, officers,
employees and agents from and against all claims, demands, cause of action, costs, expenses, losses,
injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising
out of or in connection with any alleged acts, omission or willful misconduct of Chamber, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with the
performance of the Services or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses to the maximum extent
allowed by law.
G. Insurance
Chamber shall secure from a good and responsible company or companies doing insurance business in
the State of California, pay for and maintain in full force and effect for the duration of this Agreement a
4
policy of comprehensive automobile and worker's compensation and employee's Liability Insurance in
which the City is the named insured or is named as an additional insured with the Chamber and shall
furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by
the City or within a reasonable time after execution. Notwithstanding any inconsistent statement in the
policy or any subsequent endorsement attached thereto, the protection offered by the policy shall:
1. Include the City as the insured or named as an additional insured covering the services to be
performed under this Agreement against all claims arising out of, or in connection with, this
Agreement.
2. Include the City, its officers, employees and agents while acting within the scope of their
duties under this Agreement against all claims arising out of, or in connection with, the Agreement.
3. Provide the following minimum limits:
a. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury,
personal injury and property damage.
b. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and
property damage.
c. Worker's Compensation and Employees Liability: Worker's Compensation limits as required
by the Labor Code of the State of California and Employer's Liability of limits of
$1,000,000.00 per accident.
4. This insurer shall agree to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses arising from work performed by the Chamber for the
City.
5. Bearer and endorsement of shall have attached a rider whereby it is provided that, in the
event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall
be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days
before such date.
H. Self-Insured
Any deductible or self-insured retention must be declared to and approved by the City. At the option of
the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respect
of the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing
payment of losses and related investigation claim administration and defense expenses.
I. Attorney's Fees
Should any litigation be commenced between the Parties hereto concerning the provision of this
Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in
addition to any other relief to which it may be entitled.
5
J. Term
This Agreement shall be effective for a twelve (12) month period commencing upon effective date of
this Agreement.
K. Termination
This Agreement may be terminated by either party upon thirty (30) days written notice with any sums
due and payable hereunder.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
6
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date(s)
written below.
CITY OF AZUSA AZUSA CHAMBER OF COMMERCE
F.M. Delach Anthony Glassman, Chairman of the Board
City Manager of Directors for Azusa Chamber of Commerce
DATE: DATE:
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
City Attorney
7