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AGENDA
REGULAR MEETING OF THE CITY COUNCIL,
AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY, DECEMBER 7, 2009
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
MAYOR PRO-TEM COUNCILMEMBER
NOTICE TO THE PUBLIC
Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda
are on file in the Office of the City Clerk and are available for public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M.
CEREMONIAL
Presentation of Proclamation to Austin Tyler McMinn,honoring him for attaining the rank of Eagle Scout.
Presentation of Certificates of Appreciation to the teams and volunteers of the American Cancer Society Relay for
Life fundraiser held in April 2009.
12/07/09 - 1 -
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of Payment
a. MTA SITES
Address: APN# 8608-025-900 (Azusa and Santa Fe) Azusa, CA 91702
Negotiating Parties: Los Angeles County Metropolitan Authority
Address: APN#8608-027-902 (Azusa and Alameda) Azusa, CA 91702
Negotiating Parties: Los Angeles County Metropolitan Authority
Address: APN#8608-028-906 (Azusa and Dalton)Azusa, CA 91702
Negotiating Parties: Los Angeles County Metropolitan Authority
b. BLOCK 37
Address: 634 N. San Gabriel Avenue Azusa, CA 91702
Negotiating Parties: City/Azusa Redevelopment Agency/Kwon, Soon I
c. ATLANTIS GARDEN
Address: 630 E. Sixth Street, Azusa CA 91702
Negotiating Parties: City/Azusa Redevelopment Agency/Cardenas Faustino/Cardenas Eddy M.
d. DOWNTOWN NORTH A2 & A3 Site
Addresses: 858 N. Azusa Avenue, Azusa, CA
832 N. Azusa Avenue, Azusa, CA
11,/binri Li.) 826 N. Azusa Avenue, Azusa, CA
812 N. Azusa Avenue, Azusa, CA
830 N. Azusa Avenue, Azusa, CA
r ik)
801 N. Alameda Avenue, Azusa, CA
,rr.-----------
810 N. Alameda Avenue, Azusa, CA
9'1 viN'-.41803 N. Dalton Avenue, Azusa, CA
6"/ 805 N. Dalton Avenue, Azusa, CA
809 N. Dalton Avenue, Azusa, CA
Negotiating Parties: City/Azusa Redevelopment Agency/Lewis Retail Centers
e. ENTERPRISE PROPERTY
Address: 229 S. Azusa Avenue (APN 8614-014-058)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie M
Address: 229 S. Azusa Avenue (APN 8614-014-056)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie M
Address: (APN 8614-014-057) -No Address
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Clifton & Lillie/Roger C & L/tr
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION(Gov.Code Sec.54956.9(b)
and (c). Two Cases.
3. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6)
Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Kreimeier
Organizations: IBEW
Any person wishing to comment on any of the Closed Session items listed above may do so now.
12/07/09 - 2 -
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• 7:30 P.M. -REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag— Staff Sgt. Hugo A. Caballero, U.S.A.F.
3. Invocation—Pastor Samuel Martinez of Christian Faith Center of the Valley.
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty (60) minutes time.)
B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. Mayor Rocha — announcement of setting up a Youth Commission, discussions to be held after further
research.
C. SCHEDULED ITEMS
1. PUBLIC HEARING- EXPENDITURE PLAN—STATE AWARDED GRANT FUNDS.
RECOMMENDED ACTION:
Open the Public Hearing;receive testimony,close the Hearing.Approve including appropriations of funds to
be received from the State Citizens' Option for Public Safety(COPS)Program and the proposed expenditure
plan and purchases.The anticipated funding from this program is$100,000. The proposed expenditure plan
is detailed in report and also includes $46,584 in carryover funds from F/Y 08/09.
2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 46 OF THE AZUSA
MUNICIPAL CODE BY ADDING SECTIONS 46-324 AND 46-325 RELATING TO THE
POSSESSION AND USE OF AEROSOL SPRAY PRODUCTS BY A MINOR.
RECOMMENDED ACTION:
Consider the proposed Ordinance making the possession of aerosol spray products by minors a misdemeanor
offense, unless such possession is with parental or guardian consent.
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 NOVEMBER 16, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
12/07/09 - 3 -
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules
and applicable Memorandum of Understanding(s).
3. TAX SHARING RESOLUTION WITH LOS ANGELES COUNTY SANITATION DISTRICT:
ANNEXATION NUMBER 400 (FIVE EXISTING SINGLE FAMILY HOMES).
RECOMMENDED ACTION:
Adopt Resolution No. 09-C102, approving the Tax sharing resolution between the City and Los Angeles
County Sanitation District Number 22 in order to receive off-site disposal of sewage.
4. CIP PROJECT #66109M; AWARD OF CONTRACT, CITRUS AVENUE AND UNIVERSITY
DRIVE TRAFFIC SIGNAL.
RECOMMENDED ACTION:
Authorize staff to award the Citrus Avenue and University Drive Traffic Signal Project No. 66109M to
Christopher R. Morales, Inc.
5. CITY TREASURER'S REPORT AS OF OCTOBER 31, 2009.
RECOMMENDED ACTION:
Receive and file the Report.
6. RETAINER AGREEMENT
RECOMMENDED ACTION:
Approve the attached Retainer Agreement for legal services from Manning&Marder,Kass,Ellrod,Ramirez
LLP that are anticipated to arise from an"officer involved shooting"that occurred on April 18,2009 in an
amount not to exceed $60,000 without written approval of the City Council.
7. CLASS SPECIFICATION REVISIONS
RECOMMENDED ACTION:
The Personnel Board recommends,pursuant to the City of Azusa Civil Service Rules Section 3.3,that the
City Council adopts the revised class specifications for the following positions: Park Maintenance Worker I,
II, III, Water Distribution Worker I, II, III, Facilities Maintenance Worker I, II, III, Street Maintenance
Worker I, II, Street Maintenance Worker III/Equipment Operator.
12/07/09 - 4 -
- 8. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-C 103.
E. AGENCY SCHEDULED ITEMS
1. PUBLIC HEARING-AZUSA REDEVELOPMENT AGENCY FIVE-YEAR IMPLEMENTATION
PLAN 2009-10 THROUGH 2013-14.
RECOMMENDED ACTION:
Open the Public Hearing; receive testimony, close the Hearing. Waive further reading and adopt the
Resolution No. 09-R59, approving the Five-Year Implementation Plan for Fiscal Years 2009-10 through
2013-14.
F. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF NOVEMBER 16, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF OCTOBER 31, 2009.
RECOMMENDED ACTION:
Receive and file the Report.
3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-R60.
12/07/09 - 5 -
G. ORDINANCES/SPECIAL RESOLUTIONS
1. ADOPTION OF AN ORDINANCE AMENDING THE AZUSA MUNICIPAL CODE RELATING TO
RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE ENFORCEMENT
ACTIVITIES.
RECOMMENDED ACTION:
Waive further reading and adopt an Ordinance No. 09-08, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING
THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN
CONNECTION WITH CODE ENFORCEMENT ACTIVITIES.
H. ADJOURNMENT
1. Adjourn in memory of Benny Flores Jr.
UPCOMING MEETINGS:
December 21, 2009, City Council Meeting—6:30 p.m. (Auditorium)
January 5, 2010, (Tuesday) City Council Meeting— 6:30 p.m. (Auditorium)
January 19, 2010, (Tuesday) City Council Meeting— 6:30 p.m. (Auditorium)
February 1,2010, City Council Meeting—6:30 p.m. (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.
12/07/09 - 6 -
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AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER/I/MO
DATE: DECEMBER 7, 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE, BY
ADDING SECTIONS 46-324 AND 46-325 RELATING TO THE POSSESSION AND
USE OF AEROSOL SPRAY PRODUCTS BY A MINOR
RECOMMENDATION
It is recommended that the City Council consider the attached Ordinance making the possession of
aerosol spray products by minors a misdemeanor offense, unless such possession is with parental or
guardian consent.
BACKGROUND
Last June Council discussed concerns brought forth relating to the dangers and apparent prevalence of
"huffing" by adolescents and teens in Azusa. The City Attorney was asked to research and prepare an
ordinance that would make possession of aerosol cans by minor's illegal without proof of
parental/guardian consent. That ordinance draft has been prepared and is now before you for discussion.
Although enforcement of such an ordinance will present challenges to the Azusa Police Department, it
gives law enforcement another tool to initiate contact with youths suspected of misconduct and
drug/chemical abuse. Police could add individuals under the infraction to the established data base for
future reference/record.
FISCAL IMPACT
The cost of additional enforcement and/or incarceration is unknown at this time. However, it is
important to keep in mind that whenever the Azusa Police Department books a juvenile into a Los
Angeles County facility for a misdemeanor the City is charged both a booking fee and all costs of the
incarceration.
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, AMENDING CHAPTER 46 OF THE AZUSA
MUNICIPAL CODE, BY ADDING SECTIONS 46-324 AND
46-325 RELATING TO POSSESSION AND USE OF
AEROSOL SPRAY PRODUCTS BY A MINOR
WHEREAS, the City of Azusa ("City") is empowered by California Constitution
Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City has become aware of the dangers associated with the
possession and use of aerosol spray products for the purpose of becoming under the influence of
such substances; and
WHEREAS, such improper possession and use of aerosol spray containers is
especially dangerous and widespread among minors, and significantly impacts the health, safety,
and welfare of City residents; and
WHEREAS, the City Council desires to protect its residents and minors from the
dangers resulting from such improper possession and use of aerosol spray products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLOWS:
SECTION 1. Section 46-324 is hereby added to the Azusa Municipal Code to read
as follows:
Sec. 46-324. Possession of Aerosol Spray Products by a Minor
Without Express Consent.
It shall be unlawful for a person under the age of eighteen (18)
years to be in possession of an aerosol spray product or other
inhalant that may be used for the purpose of becoming under the
influence of such substance, without the express, written consent
of that person's parent or legal guardian.
SECTION 2. Section 46-325 is hereby added to the Azusa Municipal Code to read
as follows:
Sec. 46-325. Possession and Use of Aerosol Spray Products by a
Minor.
It shall be unlawful for a person under the age of eighteen (18)
years to be in possession and use an aerosol spray product or other
inhalant, that is not intended to be used pursuant to the instructions
or prescription of a licensed health care provider or that is not
intended to be used pursuant to the manufacturer's label
instructions, for the purpose of becoming under the influence of
such substance.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
SECTION 4. CEQA.
The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall become effective thirty(30) days after its adoption.
SECTION 6. PUBLICATION.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same
to be posted as required by law.
PASSED,APPROVED, AND ADOPTED this day of 2009.
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
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CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,NOVEMBER 16,2009—6:30 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.
CLOSED SESSION Closed Sess
The City Council recessed to Closed Session at 6:35 p.m.to discuss the following: Recess
1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6) Conf w/labor
Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Negotiator IBEW
Kreimeier
Organizations: IBEW
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Section Conf w/legal
54956.9 (a)). Case Name: Betty Stone Johnson v. City of Azusa, et al. Case Number: Los Cnsl Johnson
Angeles County Superior Court Case No.KC054131
3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Section Conf w/legal
54956.9(a)).Case Name: J.De Sigio Construction,Inc.v.City of Azusa,Case No.Los Angeles Cnsl De Sigio
County Superior Court KC056193.
The City Council reconvened at 7:35 p.m.City Attorney Carvalho stated that there was no reportable action Reconvened
taken in Closed Session. No Report
Mayor Rocha called the meeting to order. Call to Order
Mr.Steven Munoz led in the salute to the Flag. Flag Salute
INVOCATION was given by Pastor Eddie Velasquez of Jesus Is Lord Church Invocation
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: MACIAS
ALSO PRESENT: Also Present
City Attorney Carvalho,City Manager Delach,Assistant City Manager Makshanoff,Azusa Police Chief
Garcia,Director of Public Works/Assistant City Manager Haes,Administrative Services Director—Chief
Financial Officer Kreimeier, Director of Recreation and Family Services Jacobs, Acting City Librarian
Shahsavari, Economic Development Director Christiansen, Public Information Officer Quiroz, Assistant
Community Development Director McNamara,City Clerk Mendoza,Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Mike Lee addressed Council commenting on the following: in support of the IBEW and Unions in M.Lee
general, Veteran's Day Observance Ceremony,proposed proclamations for outgoing commissioners, low Comments
voter turnout,his selection for West Covina,and soldiers dying for our right to vote.
Mr.Jeffrey Cornejo,on behalf of the Azusa Historical Society invited all to attend the 45th Anniversary of J.Cornejo
the Society celebration to be held on Sunday, November 22, 2009, from 2:30 p.m. — 4:00 p.m. at the Comments
Durrell House at Veteran's Freedom Park.
Ms.Maria Aramburo invited all to the 2nd annual Hearts for the Hungry to be held on November 21 s`from M.Aramburo
11:00 a.m. — 3:00 p.m. at Azusa Avenue Forth Street, sponsored by local churches, businesses and Comments
organizations throughout the City. She provided details of the event and invited all to attend.
Mr. Robert Connelly addressed Council expressing his opposition to a Target coming into Azusa. He
talked about why he dislikes Target and stated that Costco and APU are better businesses for the City.
Ms. Elaine Stricklin of Sierra High School Art class addressed Council displaying a picture of the item E.Stricklin
being raffled by the class in order raise funds. The raffle tickets are$1.00 each and the winner will be Comments
announced at the Tree Lighting Ceremony on December 6,2009.
Chief Executive Officer of the Azusa Chamber of Commerce Irene Villapania addressed Council and I.Villapania
provided an update of Chamber events which included new membership,events,and upcoming events and Comments
stated she appreciates the community support.
Ms.Maricela Cuevas on behalf of Mc Donalds Corporation addressed Council providing an update on the M.Cuevas
Steps for Success college workshop held over the weekend at Azusa High School. Comments
Mr.Matt Bruce addressed Council and announced Boys Nigh Out Event for Middle school boys to be held M.Bruce
on Friday,December 11th—Saturday,December 12th at Memorial Park. The cost is$15 and students can Comments
sign up at their Middle school.
Mr. John Vienna of Canyon flora Care addressed Council stating that he represents a group of Veterans, J.Vienna
and Cancer Patients and submitted paperwork to the City Clerk stating he is going to meet with council and Comments
Staff regarding the matter.
Mr.Charles Salse addressed Council expressing concerns regarding sewers surrounding the alley between C.Salse
Dalton&Alameda/9"'to 11th streets. He also stated that the Miller Property needs a fence around it as it is Comments
a site that is attracting vagrants,kids riding ATC's and that the City should put a lot of trees on the Target
property.
Mr.Jorge Rosales addressed Council asking if the new signal light on Citrus at Mauna Loa would replace J.Rosales
the one at the Catwalk;he commended staff regarding the cost savings for the Zacatecas Park Storm Drain Comments
Project and the Heavy Duty Diesel Exhaust Retrofits asking what would be done with the remaining funds.
Mr. Dennis Willut addressed item regarding recovery of attorneys' fees in connection with code D.Willut
enforcement activities stating that tenants/renters are never held accountable for problems with properties Comments
and described instances where problems existed and other matters.
City Manager Delach responded to items stating that with regard to the Miller Property, demolition has Staff Responses
been approved and staff will look into the alley situation,those properties will also be fenced and secured. To Questions
The traffic signal at the catwalk on Citrus will be moved south to Mauna Loa. The remaining funds with Posed
regard to the two items will be returned to be reprogrammed back in to restricted funds. City Attorney
Carvalho responded to questions stating that the law says that property owners shall be responsible to
maintain the property in the non-nuisance process and it's not unusual for cities to site owners.
REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/Cncl
City Manager Delach announced that the Los Angeles County Health Department has cancelled the HIN1 City Mgr
Vaccine Cline due to the lack of vaccines and stated that if there is a need for the second vaccine call the Comments
City Clerks office or Recreation Department as they have a list of places where the vaccine will be
administered. He distributed a flyer noting the Target Ground Breaking Ceremony to be held on Thursday,
December 3,2009,at 3:30 p.m.at 809 N.Azusa Avenue,9th and Azusa Avenue.
Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously* carried to Donation Sierra
approve request for a$100 donation to the art department at Sierra High School. High Art Dept.
The discussion regarding appointments to the Cultural and Historic Preservation Commission and/or Appts Cult&
setting a date for interview of applicants was deferred to the Utility Board Meeting of November 23,2009, Hist Cont. 11/23
in order that a full Council be present to discuss the matter.
Councilmember Gonzales announced that on Friday,Saint Frances of Rome Church will be hosting the 6th Gonzales
Annual Golf Tournament, to obtain additional information call Ms. Lily Rubio at (626) 705-7241. He Comments
stated that he and Councilmember Carrillo will be collecting toys for the Slauson Middle School Toy
Drive,announced the City of Azusa Winter Fiesta which will be held on Sunday,December 6th beginning
at noon and the Tree Lighting Ceremony will be at 5 p.m. He talked about a proposed Joint Meeting with
the City of Irwindale proposing that it be in January and lastly wishes all a Happy Holiday Season.
Councilmember Hanks encouraged all to attend the Hearts for the Hungry event and stated with regard to Hanks
the MTA Long Range Transportation Plan, the Gold Line Construction Authority is moving forward to Comments
memorialize what the architecture of the stations will be and on Saturday there will be an unveiling in
Monrovia at 10 a.m.at the n/w corner of Myrtle and that the second one would be in Azusa.
11/16/09 PAGE TWO
Mayor Rocha asked that the meeting be adjourned in memory of John Uribe Sr.and Guadalupe Perez and Rocha
'announced the following: Free Yard Sales the week end of December 5t°;Canyon City Car Club Christmas Comments
Toy Drive to be held at Citrus Crossings on December 5th from 12—5 p.m.;the 45th Anniversary of the
Azusa Historical Society on Sunday,November 22,2009,from 2:30—4 p.m.;update on the Be A Walker
Program;and wished all a Happy,healthy,peaceful,Thanksgiving. Please keep soldiers in prayer.
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - PROPOSED CHANGE TO THE COMMUNITY DEVELOPMENT BLOCK Pub Hrg CDBG
GRANT(CDBG)35TH YEAR PROGRAM(FY 2009/10)—STREET SAFETY/ADA IMPROVEMENTS Amend program
AND NORTHSIDE PARK ADA CONCRETE REPLACEMENT
Economic Development Director Christiansen addressed the Hearing stating that they are recommending K.Christiansen
that Project Number 601067-08, Street Safety/ADA,Improvements in the amount of$66,000 be cancelled Comments
and to reprogram$35,000 into the Northside Park ADA Concrete Replacement Project
The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg open
of said Hearing published in the Azusa Herald on October 15,2009.
Mr. Mike lee addressed the Hearing expressing his opinion regarding the proposed gates at Foothill M.Lee
Gardens and agreed that the project be cancelled due to lack of interest on the part of the residents,but Comments
thanked Mayor Rocha for his efforts.
Mr. Dennis Willut addressed the Hearing stating that he is sorry the fencing at Foothill Gardens is not D.Willut
going up but he thinks the funds should be directed towards underground utilities. Comments
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously* carried to Hrg closed
close the Public Hearing.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ADOPTING PROPOSED Res.09-C97
CHANGES TO THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND CDBG changes
PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR FISCAL YEAR 2009-10.
Moved by Councilmember Gonzales, 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,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE •
ABSENT: COUNCILMEMBERS: MACIAS
AN ORDINANCE AMENDING THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF 1st Rdg Ord
ATTORNEYS'FEES IN CONNECTION WITH CODE ENFORCEMENT ACTIVITIES. Recovery Fees
Economic Development Director Christiansen addressed the issue stating that the ordinance will allow the K.Christiansen
City to recover cost when Code Enforcement is referred to the City Attorney and that there are several Comments
cases that end up in legal action;the ordinance will amend the code and allow staff to recover the costs.
City Attorney Carvalho responded to question posed stating that in the event that public nuisances occur City Atty
and a process such as court action has been taken,that is the time when cost recovery will be enforced;it is Comments
used as a tool and as a last resort.
Councilmember Hanks offered an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,AMENDING 1 Rdg Ord
THE AZUSA MUNICIPAL CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN Code Enf Fees
CONNECTION WITH CODE ENFORCEMENT ACTIVITIES. Recovery
Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously* carried to
waive further reading and introduce the proposed ordinance.
The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Calendar
Councilmember Hanks,seconded by Councilmember Carrillo and unanimously*carried. D-1-8
1. The minutes of the regular meeting of November 2,2009,were approved as written. Min appvd
2. Human Resources Action Items were approved as follows: HR Action
Merit Increase and/or Regular Appointment: R.Ryan,C.Cusick,and G.Acosta. Items
Promotion: R.Landeros,Police Corporal and T.Smith,Jr.Police Corporal.
•
11/16/09 PAGE THREE
3. Authorization was given to staff to solicit bids for a new traffic signal on Citrus Avenue and Mauna Solicit Bids
Loa Avenue and associated improvements including ADA ramps. Signal Citrus
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO Res.09-C98
ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT Agreement
WITH CALTRANS FOR THE RECEIPT OF FEDERAL TRANSPORTATION FUNDING. The Caltrans Trans
City Manager was authorized to enter into the subject agreements. Funding
5. The Notice of Completion for the following project was approved and staff was authorized to file the NOC Zacatecas
Notice of Completion with the Los Angeles County Clerk: Zacatecas Park Storm Drain Project CIP Park Storm Drain
#66510A-$135,012-Alcon Colorado Engineering,Inc.,Murrieta,CA.
6. A contract to A-Z Emissions Solutions Group of Riverside,California in the amount of$47,773.12 A-Z Emissions
for the purchase and installation of three(3)heavy-duty exhaust retrofits. Solution retrofit
7. The 2009/2010 Capital Improvement Plan was amended to include"Foothill Blvd.from Alosta Ave. Amend CIP
to Citrus Ave."as a merged project with CIP#66110A, Citrus Ave. Reconstruction and staff was Foothill
authorized to solicit proposals to obtain topographic survey and mapping services for Citrus Ave. Reconstruction
and Foothill Blvd.
8. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.09-C99
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
SPECIAL CALL ITEMS Spec Call Items
None. None.
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene
8:50 P.M. THE CITY COUNCIL RECONVENED AT 8:52 P.M. Cncl reconvened
AN ORDINANCE OF THE CITY OF AZUSA,CALIFORNIA,AMENDING CHAPTER 55,ARTICLE I, Ord 09-07
SECTIONS 55-4(e)AND 55-6 (c), OF THE AZUSA MUNICIPAL CODE,REVISING MEMBERSHIP Cult&Hist
AND QUORUM PROVISIONS RELATED TO THE CULTURAL AND HISTORICAL Amend
PRESERVATION COMMISSION.
Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and
adopt. Ordinance passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
It was consensus of Council that the meeting be adjourned in memory of John Uribe Sr. and Guadalupe Adjourn in
Perez. Memory of
J. Uribe Sr. and
G.Perez
TIME OF ADJOURNMENT: 8:53 P.M.
CITY CLERK
NEXT RESOLUTION NO.2009-C100
NEXT ORDINANCE NO.2009-08.
*Indicates Mayor Pro-Tern Macias absent.
11/16/09 PAGE FOUR
us
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,f t)J "
DATE: DECEMBER 7, 2009
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).
A. PROMOTION—The following promotion(s)have been requested by the department head pursuant to the Rules of the
Civil Service System.
DEPARTMENT ''NAME PROMOTION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO.
SALARY
Police Steve Martinez Police Officer Trainee to 11/19/2009 6101/1
Police Officer $5,495.00
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
qSr.
1)
&�ro (; 1 <
AzusA
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY ENGINEER/PUBLIC WORKS DIRECTOR
VIA: F. M. DELACH, CITY MANAGER/
DATE: DECEMBER 7, 2009 LL''''
SUBJECT: TAX SHARING RESOLUTION WITH LA COUNTY SANITATION DISTRICT:
ANNEXATION NUMBER 400 (FIVE EXISTING SINGLE FAMILY HOMES).
RECOMMENDATION:
It is recommended that the City Council approve the attached Tax sharing resolution between the City and
LA County Sanitation District number 22 in order to receive off-site disposal of sewage.
BACKGROUND:
The applicants,which are 5 property owners,Betty Huhn,Donald Boline,Manuel Vargas,Keith Bushey and
Antonio Figueroa have petitioned to be annexed by the LA County Sanitation District number 22 to receive
off-site disposal of sewage. The properties involved are fully described in the attached annexation
document number 400 and it is not on public sewer currently and the annexation will allow for off-site
disposal of sewage.
The Sanitation District has prepared a tax sharing resolution for the annexation. The resolution will allow
the transfer of a total of 0.4633064 percent of the annual tax increment attributable to the land area
encompassed within Annexation 400 to the District.
FISCAL IMPACT:
The City of Azusa currently receives 15.8216% of the total property taxes paid to the County. As a new
receiving agency,the inclusion of the Sanitation District in the property tax allocation table,the City's share
of the property tax to be transferred to the County Sanitation will be 0.001412619. The City's future
property tax percentage will be reduced to 0.156804141 (0.158216760-0.001412619 = 0.156804141).
Attachments:
1. Letter from LA County Sanitation District Dated November 18, 2009.
2. Resolution.
WATER
RECLAMATION
SOI..II)WASTE:MANAGEMENT. COUNTY S A N I TAT I O N DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road, Whittier, CA 90601-1400
Moiling Address: P.O. Box 4998, Whittier, CA 90607-4998 STEPHEN R. MAGUIN
Telephone: (562) 699.7411, FAX: (562) 699-5422 Chief Engineer and General Manager
www.locsd.org
November 18,2009
General Annexation File T>
r-1
Ms. Vera Mendoza, City Clerk
City of Azusa t` C-3
Lk/ --1
213 East Foothill Boulevard
Azusa, CA 91702
_9 _i
Dear Ms. Mendoza: .�.
Tax Sharing Resolutions
Thank you for signing and returning the last joint resolutions that were submitted to your office
for tax sharing purposes.
Enclosed, in triplicate, is a Joint Tax Sharing Resolution (resolution) involving your city and
others. The applicant has requested, in writing, annexation of his property into County Sanitation District
No. 22 (District) in order to receive off-site disposal of sewage. Please see the table below for the
annexation and its associated project. The annexation process requires that a resolution for property tax
revenue exchange be adopted by all the affected local agencies before an annexation may be approved.
For any jurisdictional change which will result in a special district providing new service not previously
provided to an area, the law requires the governing bodies of all local agencies that receive an
apportionment of the property tax from the area to determine by resolution the amount of the annual tax
increment to be transferred to the special district (Revenue and Taxation Code Section 99.01). Please
note that by sharing the property tax increment with the District resulting from this annexation, your city
will not lose any existing ad valorem tax revenue it currently receives from the affected territory. Your
city would only be giving up a portion of the revenues it would receive on increased assessed valuation.
Annexation No. Type of Project
22-400 five existing single-family homes
Also, attached for the annexation is a copy of the applicable worksheet and map showing the
location of the annexation. The worksheet lists the annual tax increment to be exchanged between your
city, other affected taxing entities, and the District. The tax sharing ratios listed in the worksheet were
calculated by the County Auditor Controller by specific Tax Rate Area (TRA). For example, if the
annexing territory were to lie within two separate TRAs, there would be a worksheet for each TRA. The
Los Angeles County Chief Executive Office (CEO) is requiring the District to implement the worksheet
for all District annexations in order to increase efficiency for the calculation of property tax sharing ratios.
The resolution is being distributed to all parties for signature in counterpart. Therefore, you will
only be receiving a signature page for your city. Enclosed are three sets of the resolution. One set of the
resolution is for your files and the other two sets of the resolution need to be returned to the District.
DOC# 1416009
Recycled Paper tot
Ms. Vera Mendoza 2 November 18, 2009
Please execute the two sets of the resolution and return them to the undersigned within 60 days as
required by the Government Code. In addition,the County CEO's legal counsel is also requesting that the
signature pages be properly executed from all affected agencies. Therefore, please have the Attest line
signed by the appropriate person. Upon completion of the annexation process, your office will receive a
fully executed copy of the tax sharing resolution for your files.
Your continued cooperation in this matter is very much appreciated. If you have any questions,
please do not hesitate to call me at(562)908-4288,extension 2708.
Very truly yours,
/ phen R. Maguin
Don , itt
ustomer Service Specialist
Facilities Planning Department
•
DK:eg
Enclosures: 22-400
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
ACTING IN BEHALF OF
Los Angeles County General
Los Angeles County Fire-FFW
Los Angeles County Flood Control
THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF LOS ANGELES
COUNTY, AND THE GOVERNING BODIES OF
City of Azusa
San Gabriel Valley Municipal Water District
APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES
RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO.22.
"ANNEXATION NO. 400"
WHEREAS, pursuant to Section 99 and 99.01 of the Revenue and Taxation Code, prior to the
effective date of any jurisdictional change which will result in a special district providing a new service,
the governing bodies of all local agencies that receive an apportionment of the property tax from the area
must determine the amount of property tax revenues from the annual tax increment to be exchanged
between the affected agencies and approve and accept the negotiated exchange of property tax revenues
by resolution;and
WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of
the amount of property tax revenues from the annual tax increments to be exchanged as a result of the
annexation to County Sanitation District No. 22 entitled Annexation No. 400;
NOW,THEREFORE,BE IT RESOLVED AS FOLLOWS:
1. The negotiated exchange of property tax revenues resulting from the annexation of territory
to County Sanitation District No. 22 in the annexation entitled Annexation No. 400 is approved and
accepted.
2. For each fiscal year commencing on and after July 1, 2009, or after the effective date of this
jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District
No. 22 a total of 0.4633064 percent of the annual tax increment attributable to the land area encompassed
within Annexation No. 400 as shown on the attached Worksheet.
3. No additional transfer of property tax revenues shall be made from any other taxing agencies
to County Sanitation District No. 22 as a result of annexation entitled Annexation No. 400.
4. No transfer of property tax increments from properties within a community redevelopment
project, which are legally committed to a Community Redevelopment Agency, shall be made during the
period that such tax increment is legally committed for repayment of the redevelopment project costs.
5. If at any time after the effective date of this resolution, the calculations used herein to
determine initial property tax transfers or the data used to perform those calculations are found to be
incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be
recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of
property tax received in excess of that which is proper shall be refunded to the appropriate agency.
The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles,
the Board of Directors of County Sanitation District No. 22 of Los Angeles County, and the governing
bodies of City of Azusa and San Gabriel Valley Municipal Water District, signatory hereto.
CITY OF AZUSA
SIGNATURE
PRINT NAME AND TITLE
ATTEST:
Secretary Date
(SIGNED IN COUNTERPART)
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AUDITOR ACAFANO3 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 09/30/2009 PAGE 1
FISCAL YEAR 2008-2009
ANNEXATION TO: CO.SANITATION DIST.NO 22 DEBT S.
ACCOUNT NUMBER: 066.85
TEA: 02057
EFFECTIVE DATE: 07/01/2009
ANNEXATION NUMBER: 400 PROJECT NAME: A-22-400
DISTRICT SHARE: 0.008928382
ACCOUNT •
CURRENT PROPOSED ALLOCATED
# TAXING AGENCY
TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE
001.05 LOS ANGELES COUNTY GENERAL 0.334716951 33.4723 % 0.008928382 0.002988490 -0.003058142 0.331658809
001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000118271 0.0118 % 0.008928382 0.000001055 0.000000000 0.000118271
007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.000000000 0.0000 % 0.008928382 0.000000000 0.000000000 0.000000000
007.31 L A C FIRE-FFW 0.007683122 0.7683 % 0.008928382 0.000068597 0.000000000 0.007683122
030.10 L_A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001830385 0.1830 % 0.008928382 0.000016342 -0.000016342 0.001814043
030.70 LA CO FLOOD CONTROL MAINT 0.010358801 1.0358 % 0.008928382 0.000092467 -0.000092487 0.010266314
112.01 CITY-AZUSA TD #1 0.158216760 15.8216 % 0.008928382 0.001412619 -0.001412619 0.156804141
367.08 SAN GABRIEL VLY MWD-AZUSA REORG 0.005989285 0.5989 % 0.008928382 0.000053474 -0.000053474 0.005935811
400.00 EDUCATIONAL REV AUGMENTATION FD 0.067421060 6.7421 % 0.008926382 0.000601960 EXEMPT 0.067421060
400.01 EDUCATIONAL AUG FD IMPOUND 0.170745565 17.0745 % 0.006928382 0.001524481 EXEMPT 0.170745565
400.15 COUNTY SCHOOL SERVICES 0.001464350 0.1464 % 0.008928382 0.000013074 EXEMPT 0.001464350
400.21 CHILDREN'S INSTIL TUITION FUND 0.002906650 0.2906 % 0.008928382 0.000025951 EXEMPT 0.002906650
791.04 CITRUS COMMUNITY COLLEGE DIST 0.025705815 2.5705 % 0.008928382 0.000229511 EXEMPT 0.025705815
791.20 CHILDREN'S CTR FUND CITRUS C C 0.000670534 0.0670 % 0.008928382 0.000005986 EXEMPT 0.000670534
818.03 AZUSA UNIFIED SCHOOL DISTRICT 0.202376036 20.2376 % 0.008928382 0.001806890 EXEMPT 0.202376036
818.06 CO_SCH.SERV.FD.- AZUSA 0.008773073 0.8773 % 0.008928382 0.000078329 EXEMPT 0.008773073
818.07 DEV.CTR.HDCPD.MINOR-AZUSA 0.001023342 0.1023 % 0.008928382 0.000009136 EXEMPT 0.001023342
***066.85 CO.SANITATION DIST.NO 22 DEBT S. 0.000000000 0.0000 % 0.008928382 0.000000000 0.000000000 0.004633064
AUDITOR ACAFANO3 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 09/30/2009 PAGE 2
FISCAL YEAR 2008-2009
•
•
ANNEXATION NUMBER: 400 PROJECT NAME: A-22-400 TRA: 02057
•
ACCOUNT # TAXING AGENCY CURRENT PROPOSED ALLOCATED
TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE
TOTAL: 1.000000000 100.0000 % 0.008928382 -0.004633064 1.000000000
OP' or f ✓ t :
4y Fto
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
VIA: F.M. DELACH, CITY MANAGER
DATE: DECEMBER 7, 2009
SUBJECT: CIP PROJECT #66109M; AWARD OF CONTRACT, CITRUS AVENUE AND
UNIVERSITY DRIVE TRAFFIC SIGNAL
RECOMMENDATION
It is recommended that the City Council authorize staff to award the Citrus Avenue and University Drive
Traffic Signal Project No. 66109M to Christopher R. Morales, Inc.
BACKGROUND
On September 8, 2009 the City Council approved the cooperation and reimbursement agreement with
Azusa Pacific University ("Agreement") to improve Citrus Avenue and University Drive. The proposed
project will eliminate the flashing in-pavement crosswalk and replace it with a fully improved traffic
signal. The traffic signal will improve traffic circulation and improved pedestrian circulation between
the East APU campus and the Crestview Apartments. Design components are: a full traffic signal with a
dedicated left turn pocket, signal synchronization with the intersections of Alosta Avenue and Citrus
Avenue and Foothill Boulevard and Citrus Avenue and countdown pedestrian heads. The ADA ramps
will be updated to meet current standards and codes.
Azusa Pacific University will be contributing $50,000 to the project. Due to the urgency and critical
path timing of the manufacturing and delivery of the signal poles; a portion of the funds from the
College were utilized to purchase the signal equipment, poles and mast arms. These items will be
furnished to the Contractor. The signal equipment, poles and mast arms will be stored at the City Public
Works Yard. The City of Azusa will act as the lead agency for the construction phase of the project.
The Bid Opening was conducted on November 9, 2009 at 10:00AM. Twelve bids were received.
1 Christopher R. Morales San Dimas, CA $94,898
2 Lincoln Pacific Baldwin Park, CA $103,200
3 C.T. & F., Inc. Bell Gardens, CA $104,713.99
4 Freeway Electric Riverside, CA $106,006
5 Pro Tech Engineering, Corp. Corona Del Mar, CA $111,350
6 MSL Electronic, Inc. Anaheim, CA $111,448
7 Steiny & Company, Inc. Baldwin Park, CA $115,179
8 California Professional Engineering, Inc. South El Monte, CA $115,965
9 Moore Electrical Contracting, Inc. Corona, CA $128,923
10 AK Engineering San Bernardino, CA $129,075
11 Terno, Inc. La Mirada, CA $130,870
12 Zuniga Electrical Fontana, CA $133,600
Christopher R. Morales, Inc. was the low bidder. Staff recommends the City Council award the contract
to Christopher R. Morales, Inc. for the Citrus Avenue and University Drive Traffic Signal and
Communication Improvements Project No. 66109M.
FISCAL IMPACT
Project cost is $104,388, which is based on the actual bid amount ($94,898) and a 10% allowance
($9,490) for potential change orders. The project is listed in the approved FY 2009-2010 Capital
Improvement Plan as project #66109M with an overall budget of$300,000. The project will be funded
by CDBG Stimulus fund's.
I I I I I 5: , 0 F
acr,
...ice
'4117(`Cr"1
US
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER
DATE: DECEMBER 7, 2009
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT
BALANCES FOR THE MONTH OF OCTOBER 2009
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 October 2009.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa
for the month of October 2009. 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 September 30, 2009 to October 31, 2009
is a net increase of$1,163,004.84.
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit October 31,2009
Held in Wells Fargo Bank
Prepared by: Marcene Hamilton,Treasurer
Interest Balance
Face Maturity or Description Account Number or
Amount Date Coupon or CUSIP Market Value
Rate
Checking Accounts
General Checking Account XXX-XXX1244 143,466.00
Overland Sweep Account DDA XXX-XXX1244 2,192,230.52
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 30,844.39
200,000 11/14/06 3.060% FHLB 3.060 11/14/06(Matured) 3133X6PD2 0.00
ISO Collateral Account
Every 30
300,000 Days 0.050% Certificate of Deposit XXX-XXX1658 313,965.15
1,975,001 04/07/07 3.748% Certificate of Deposit XXX-X)0(2840 2,329,691.82
Covington Endowment
Money Market Mutal Funds WFB XXXX7554 17,684.07
100,000 06/29/09 4.200% Certificate of Deposit-25467JG21 WFB 25467JG21 100,000.00
TOTALS 5,128,071.07
CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS October 31, 2009
Prepared by: Marcene Hamilton, Treasurer
Coupon Maturity Settlement Market Price
Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal* (Changes Market Value**
Monthly)
City of Azusa Investments AAA Rated Federal Agency Bonds
Gilford Sec 2,000,000.00 FHLB 4.200 12/15/09 4.200% 12/15/09 3133X9N48 12/15/04 2,000,000.00 100.469000 2,009.380.00
Wachovia Sec 1,000,000.00 FFCB 3.950 07/15/11 3.950% 07/15/11 31331Y3E8 07/15/08 1,000,000.00 100.750000 1,007,500.00
Gilford Sec 2,000,000.00 FHLB 3.875 11/10/11 3.875% 11/10/11 31331GEGO 11/10/08 2,000,000.00 100.063000 2,001,260.00
Wachovia Sec 2,000,000.00 FHLB 3.125 11/17/11 3.125% 11/17/11 3133XSM70 11/17/08 2,000,000.00 102.375000 2,047,500.00
Wachovia Sec 2,000,000.00 FFCB 3.375 11/18/11 3.375% 11/18/11 31331GEW5 11/18/08 2,000,000.00 100.125000 2,002,500.00
Wachovia Sec 2,000,000.00 FFCB 2.250 02/17/12 2.250% 02/17/12 31331GND7 03/16/09 1,999,000.00 101.875000 2,037,500.00
Gilford Sec 2,000,000.00 FHLB 2.550 02/24/12 2.550% 02/24/12 _ 3133XT2P0 02/24/09 2,000,000.00 100.594000 2,011,880.00
Wachovia Sec 1,000,000.00 FHLB 2.250 04/13/12 2.250% 04/13/12 3133XTAW6 03/16/09 999,500.00 102.313000 1,023,130.00
Wachovia Sec 4,000,000.00 FHLB 3.450 5/14/12 3.450% 05/14/12 3133XQTD4 05/14/08 4,000,000.00 101.469000 4,058,760.00
Higgins Capital 2,000,000.00 FHLMC 2.500 04/08/13 2.500% 04/08/13 3128X8TZ5 04/08/09 2,000,000.00 101.124000 2,022,480.00
Gilford Sec 2,000,000.00 FFCB 2.500 5/20/13 2.500% 05/20/13 31331GVS5 05/20/09 1,998,500.00 100.781000 2,015,620.00
Wachovia Sec 2,000,000.00 FNMA 2.000 Step Up 4.000 2.000% 06/10/14 3136FHXH3 06/10/09 2,000,000.00 100.188000 2,003,760.00
Gilford Sec 2,000,000.00 FFCB 3.750 06/17/14 3.750% 06/17/14 31331GYT0 06/18/09 2,000,000.00 101.625000 2,032,500.00
Higgins Capital 2,000,000.00 FFCB 3.680 08/18/14 3.680% 08/18/14 31331GJ59 08/18/09 2,000,000.00 101.656000 2,033,120.00
TOTALS 28,000,000.00 27,997,000.00 28,306,890.00
,
WFB- CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.130% N/A N/A N/A 2,000,000.00 100.000000 2,000,000.00
Light& Water Fund Investments - AAA Rated Federal Agency Bonds
Higgins 1,215,000.00 FHLB 2.100 09/06/11 2.100% 09/06/11 3133XTA97 03/06/09 1,215,000.00 102.219000 1,241,960.85
Higgins 2,000,000.00 FNNA 2.250 02/24/12 2.250% 02/24/12 , 3136FHCF0 02/27/09 2,000,000.00 101.500000 2,030.000.00
Wachovia 3,000,000.00 FHLB 4.150 01/29/13 4.150% 01/29/13 3133XNZC6 01/29/08 3,000,000.00 100.938000 3,028,140.00
Higgins Capital 3,000,000.00 FFCB 3.680 08/18/14 3.680% - 08/18/14 31331GJ59 08/18/09 3,000,000.00 101.656000 3,049,680.00
TOTALS 9,215,000.00 9,215,000.00 9,349,780.85
WFB- L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.130% N/A N/A N/A 1.95 100.000000 1.95
LAIF- CITY LOCAL AGENCY INVESTMENT FUND 0.646% N/A N/A N/A 13,864,684.52 100.000000 13,864,684.52
TOTAL INVESTMENTS IN FEDERAL AGENCIES, WFB INSTITUTIONAL TRUSTS, and LAIF 53,076,686.47 53,521,357.32
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1, 2009) 450,344.98
*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 October 2009 Times Roman.xls 11/17/2009 6:41 PM
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS Thru October 31,2009
Prepared by: Marcene Hamilton,Treasurer
Scheduled Scheduled Interest
Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment 2008/2009 Semi-Annual Received
Rate Date Schedule Interest Payment Fiscal Year to
Earnings Amount Date*
City of Azusa Investments - AAA Rated Federal Agency Bonds
2,000,000 2,000,000.00 4.300% MATURED 3133XCDQ3 7/14&1/14 43,000 43,000 43,000.00
2,000,000 2,000,000.00 2.375% CALLED 3133XSRF7 7/9&1/9 23,750 23,750 24,541.67
2,000,000 2,000,000.00 2.550% CALLED 31331GSD2 10/8&4/9 14,733 14,733 14,733.33
2,000,000 2,000,000.00 2.350% CALLED 3133XSXQ6 8/6&2/6 47,000 23,500 23,500.00
2,000,000 2,000,000.00 2.875% CALLED 31331GUE7 11/6&5/6 57,500 28,750 22,201.39
2,000,000 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000
1,000,000 1,000,000.00 3.950% 07/15/11 31331Y3E8 7/15&1/15 39,500 19,750 19,750.00
2,000,000 2,000,000.00 3.875% 11/10/11 31331GEG0 11/10&5/10 77,500 38,750
2,000,000 2,000,000.00 3.125% 11/17/11 3133XSM70 11/17&5/17 62,500 31,250
2,000,000 2,000,000.00 3.375% 11/18/11 31331GEW5 11/18&5/18 67,500 33,750
2,000,000 2,000,000.00 2.550% 02/24/12 3133XT2P0 8/24&2/24 51,000 25,500 25,500.00
1,000,000 999,500.00 2.250% 04/13/12 3133XTAW6 9/16&3/16 22,500 11,250 11,250.00
4,000,000 4,000,000.00 3.450% 05/14/12 3133XQTD4 11/14&5/14 138,000 69,000
2,000,000 1,999,000.00 2.250% 12/17/12 31331GND7 8/16&3/16 45,000 22,500 22,500.00
2,000,000 2,000,000.00 2.500% 04/08/13 3128X8TZ5 10/8&4/8 50,000 25,000 25,000.00
2,000,000 2,000,000.00 2.500% 05/20/13 31331GVS5 11/20&5/20 50,000 25,000
2,000,000 2,000,000.00 2.000% 06/10/14 3136FHXH3 12/10&6/10 40,000 20,000
2,000,000 2,000,000.00 3.750% 06/17/14 31331 GYTO 12/17&6/17 75,000 37,500
2,000,000 2,000,000.00 3.680% 08/18/14 31331GJ59 2/18&8/18 36,800 36,800
28,000,000 ACTIVE INVESTMENTS 1,025,283 571,783 231,976.39
CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
2,000,000.00 0.130% n/a N/A Monthly Per Balance and Rate 1,436.67
Light&Water Fund Investments-AAA Rated Federal Agency Bonds
3,000,000.00 3,000,000.00 2.350% CALLED 3133XSXQ6 8/6&2/6 70,500.00 35,250.00 35,250.00
1,215,000.00 1,215,000.00 2.100% 09/06/11 3133XTA97 9/6&3/6 25,515.00 12,757.50 12,757.50
2,000,000.00 2,000,000.00 2.250% 02/24/12 3136FHCF0 8/24&2/24 45,000.00 22,500.00 22,500.00
3,000,000.00 3,000,000.00 4.150% 01/29/13 _ 3133XNZC6 7/29&1/29 124,500.00 62,250.00 62,250.00
3,000,000.00 3,000,000.00 3.680% 08/18/14 31331GJ59 2/18&8/18 55,200.00 55,200.00
9,215,000.00 ACTIVE INVESTMENTS 320,715.00 187,957.50 132,757.50
Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
1.95 0.130% N/A N/A Monthly Per Balance and Rate I 154.45
CITY-Local Agency Investment Fund-Liquid Asset
13,864,684.52 0.646% N/A N/A Quarterly Per Balance and Rate 84,019.97
*Fiscal Year: July 1-June 30 TOTAL INTEREST EARNED YTD 450,344.98
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zusA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER kpo
DATE: DECEMBER 7, 2009
SUBJECT: RETAINER AGREEMENT
RECOMMENDATION
It is recommended that the City Council approve the attached Retainer Agreement for
legal services from Manning & Marder, Kass, Ellrod, Ramirez LLP that are anticipated to
arise from an "officer involved shooting" that occurred on April 18, 2009 in an amount
not to exceed $60,000 without written approval of the City Council.
BACKGROUND
On or about Saturday, April 18, 2009 at approximately 6:52 AM, an Azusa Police Officer
conducted a traffic stop on Suspect Jesus Lopez in the area of Stanley Steamer, 841 W.
Foothill Blvd., Azusa for his possible involvement in an earlier car theft. After Lopez
stopped his car, he exited and ran from pursuing police officers. Lopez struggled
violently with a police officer as he attempted to jump a wall and was shot one time by
the officer. Suspect Lopez has survived his gunshot wound, but sustained injuries. Lopez
was held to answer at his preliminary hearing on two felony charges (69 PC — resisting a
police officer and 11377(a) H&S — possession of narcotics, Court Case No. KA087491)
filed against him as a result of this incident and is awaiting trial for said charges.
ANALYSIS
On 8/13/09, Suspect Lopez' attorney filed a claim with the City Clerk's office alleging,
. . .egregious civil right violation, assault with a deadly weapon." The claim was assigned
Claim No. 09-25. Therefore, the Police Department strongly recommends using Manning
& Marder, Kass, Ellrod, Ramirez LLP for legal services in preparation for and during
potential litigation resulting from the above officer-involved shooting.
FISCAL IMPACT
The total compensation for these legal services shall not exceed $60,000 without written
approval of the City Council and is to be funded by Human Resources (Account No.
4250 923 000 6740).
Prepared by:
Sam Gonzalez, Captain
•
•
STEVEN D.MANNING SCOTT WAI.DAVENPORT DONALD R BECK WILLIAM D.GARDNER*
4./FIN A.MLAJIDER JASON J.MOLNAR* CANDACE E.KALLBERG SUSAN E.COLEMAN
B. ELL EPETER NE).EGANNMANNING EY\ SHARON S.JEFFREY MINAS$AMLIEUAN
ANTHONY].INO .ELLROD EUGENE).EGAN EK RADMIEWFFRsou MINASSAMUN
EUGENE P.RuAIREZ NARK A.HAGOMrW SEJAL'EH/OMAR KEVIN EUGENE SMTTH*
LAWRENCE D.EATEN DAVID CORNET
•
MiLDRED K.Claw* SUZIE ZACHAR IRWIN t K A E!�C\ DAVID R.REEDER* CHRISTOPHER KANJO
THOMAS R.Diu. DONALD R DAY*
1x["133, ELLROD, Z LLP Tosr D.BUCHANAN SHnREEF S.FAAAc
ALFRED M.DE LA CRUZ ALAN C.JA8UN CHRISTINA M.TAPIR ANDREA TRAVIS
ERWIN A.NEPOMUCEHO D.HIEPTRUONC VICTOR ROCHA MICHELLE GHALTCHI
DAVID J.WILSON TIASOTHYJ.KRAL ATTORNEYS AT LAW BRAN J.FINN ERIK VAN HESPEN
BRIAN T.Moss* KRISTIE S.HUT'CHINSON THOMAS Y.WcP]to SHEILA TAM
FRED/UC W.TREATER MICHAEL A.WEIS.MANTEL 15TH FLOOR AT 801 TOWER YVONH4E-MAGDAlENA FLOES, MATTI-IEWA.TE551ERI
JEFFREY M.LENXOV ROBERT B.ZELMS f 801 SOUTH FIGLIEROA STREET JOSHUA B.SHAYNE - MATTHEW SOLEIMANPOUR
MARGUERITE T.LIEU JANET D.JOHN* LADELL H.MUHLESTEIN DIANE,L.HLYWIAK
JOHN D.MARINO JOHN M.HOCHHAUSLEA LOS ANGELES,CALIFORNIA 90017 TONY D.SHIN JAMIED.YAOKO
MARK H.HERSKOVTR ANTHONY ANTHOROPALLO III
MICHAEL L SMITH ANDRIY J.SEoIo I7UK H.
Louis W.PAPPAS JULIE M.FLEMING TELEPHONE: (213)624-6900 JOHN P.COGGER LossSCOTTB.
SO,uNENeERG •
SHARI L ROSPNTHAL KRIITE•NA.LEDGARD FACSIMILE: (213) 624-6999 PETERC.AA,HERMAN
LORI WADE
KATHI'LFN A HUNT* ROBERT E MURPHY* MADONNA A.HERMAN JAMI I.COPELAND
STEVEN J.RENICK TYLER K THOMAS WEB SITE: W W W.MMKER.COM KENNETH S. MICHELLEM. We
JAMES J.PERKINS* NINA RICCI FRANCISCO
S.KAWABATA LAUREN M.MOORE
JAMES F.SAUNDERS PAR!K.ScROccIN*f LARRY S.DUSHKES LAUREN M.KAUFMAN
PATRICK L H URLEY KEVIN H.LOUTH SEtAN GOSEL SCOTT D.LONG
JAMES E.GIBBONS LISA A.VILIASENOR MORGAN W.MCCALL LALO GARCIA
DANIEL B.HERBERT* . MICHELE L LEVINSON VICTORIA A.CHINN Pts"LER B.RUSTN*
SYLVIA E.HAVENS TRACIe L CHILDS - JASON L FISHER ASARAH
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RINAT B.KLIER-ERIJCI I MATTHEW D.RIFAT* + 7, o (� JAMIE L FUGEAE STANLEY L SCARLET!'
MICHAEL J.GREEN CHRISTOPHER R.ALUSON O CLOUer 20, 2007 M'L'tRT1N KoSu* JUDITH A.)EEST HORN
DARIN L WESSEL* TYRONE MATHEWS LGOR KOMIENKO BIUCITTn HERST
L TREVOR GRIMM MARY M.Keats* ANN IFEIE SE MCDOWELL My V.DAVIDOVICH
CLIFFORD A. NCEY CHRISTON BROOKS-ZINK JENNIFER SUP
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ANDREW HOWARD OF COUNSEL
DONALD S.SMITH*
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Chief Robert B. Garcia
Chief of Police
725 N. Alameda Ave.
Azusa, CA 91702
RETAINER AGREEMENT
This firm is pleased to have the opportunity to assist you regarding the legal needs _
mentioned below. We look forward to serving your legal needs effectively, economically and
•
professionally.
. The purpose of this Agreement is to explain the nature and limitations of our
representation, as well as obtain your consent to our fee arrangements which are set forth below.
We apologize for the formality of this Agreement,but we believe it is to everyone's benefit for
you to understand fully the terms of our representation at the outset. In addition, California
Business and Professions Code Section 6148 imposes certain obligations upon parties to a legal
service contract to memorialize their understanding in writing.
1. Conditions. This Agreement will not take effect, and we will have no
obligation to provide any legal services, until you have received a fully executed copy of this •
Agreement with all required signatures. -'
2. Scope of Engagement. Specifically, this firm will represent City of Azusa
in the case entitled People v. Jesus Lopez, and in that case only, through trial and post-trial
motions.
Our representation will continue under the terms of this retainer up to and through trial,
•
ORANGE COUNTY SAN DIEGO MN FRANCISCO SCOTISDALE
19800 MacArthur Blvd Sidle 600•Irvine,CA 92612 550 Wat C Street Suite 1900•San Diego,CA 92101 One California Street,Suite 1100•Sart Frandaco,CA 94111 6909 East Greenway Parkway,Suite 200•Scottsdale AZ 85254
Phone(949)440-6690 • Fax(949)474-6991 Phone(619)515.0269 • Fax(619)515-0268 Phone(415)2174990• Fax(415)217.6999 Phone(480)477-5269 • Pix(480)477.5268
4
Robert B. Garcia, Chief of Police
October 28, 2009 MANNING &MARDER
Page 2 KASS, ELLROD, RAMIREZ LLP
settlement, arbitration, dismissal,judgment or any other final resolution of the case. The scope
of our engagement will not include issues pertaining to any other matter,post judgment motions,
appeals,or any other post judgment issues unless approved by the firm.
If a change of circumstances in the matter calls for a new written retainer, or if we, in our
sole discretion believe a new written retainer is appropriate for any new matter,then a new
written retainer, signed by a partner in our Firm will be required before we will proceed with the
case. In that situation,we will advise you the necessity of a new retainer and we will incur no
legal duty to render any legal services,until and unless we receive the separate retainer, signed by
you and all the terms and conditions of that retainer have been met. The terms of such a retainer
will be at our sole discretion. A change of circumstances may include the inception of mediation,
or arbitration, the commencement of litigation, if we.were retained for a matter where litigation
had not yet commenced, or any other event that we believe in our sole discretion calls for a new
retainer.
3. Legal Fees, Billing Policies and Procedures. Our charges for legal services
are based on the hourly rates of our professional staff. Professional time is billed in increments of
1/10th of an hour. Our rates for this matter are $200.00 per hour for attorneys and$110.00 per
hour for law clerks and paralegals.
We review and adjust these billing rates periodically, and the applicable hourly rates are
those in effect at the time the services are performed. We will of course, notify you of any
changes in advance.
Statements for our services rendered and costs advanced are due upon receipt. We expect
our clients to keep their accounts current at all times.
If you dispute the costs or fees billed on any invoice or any portion of an invoice you
must, within 15 days of receipt of that invoice, advise us in writing, identifying each entry you
dispute and the nature of that dispute. If you do not do so within 15 days we will assume that you
do not dispute the costs and fees on that invoice and you expressly waive any right to contest that
invoice or any portion of that invoice at a later time.
If a billing statement is not paid when due, interest will be charged on the principal
balance(fees, costs, and disbursements) shown on the statement. Interest will be calculated by
multiplying the unpaid balance by the periodic rate of.833%per month(TEN PERCENT [10%]
ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid.
4. Costs and Expenses. In the course of this representation,we may incur certain
costs and expenses on your behalf. We will obtain your consent before incurring any cost in
excess of$500. Bills we receive will be forwarded to you for direct payment to the service
Robert B. Garcia, Chief of Police
October 28, 2009 MANNING MARDER
Page 3 KASS, ELLROD, RAMIREZ LLP
provider. The costs and expenses that we will bill you for include, but are not limited to, process
servers' fees, fees fixed by law or assessed by courts or other agencies, court reporters' fees, long
distance telephone calls,messenger and other delivery fees, postage,parking, investigation
expenses,consultants'fees, computer research services, expert witness fees,telecopies,mileage
at the IRS approved rate, in-office photocopying at$ .25 per page, and other similar items. These
charges will appear on your monthly statement and, once again,we expect our clients to keep
their accounts current.
5. General Responsibilities of Attorney and Client. We will provide services of
the type described above, and we will keep you informed of the progress and respond to your
inquiries.
You will provide us with such factual information and materials as we require to perform
the foregoing services, and you will make such business or technical decisions and
determinations as are appropriate. It is understood that you are not relying on us for business,
investment or accounting decisions or to investigate the character or credit of persons with whom
you may be dealing.
6. Disclaimer of Result Guarantee. This fee agreement is not contingent upon
the ultimate outcome of your legal needs. Sometimes, the final result is not in accordance with a
client's hopes and expectations. Nothing in this agreement and nothing in our statements to you
will be construed as a promise or guarantee about the outcome of your legal matter. We make no
such promises or guarantees. Our comments about the outcome of your matter,if any, are mere
expressions of opinion only.
7. Discharge and Withdrawal.You may discharge us at any time for any reason. In
addition, it is understood that we may terminate our legal services and withdraw from this
engagement with your consent or for good cause. Good cause includes any breach of this
agreement, failure to pay our fees and other charges promptly,refusal to cooperate with us or to
follow our advice on a material matter or any other fact or circumstance that would render our
continuing representation unlawful or unethical.
In the event our engagement is terminated for any reason, you will continue to be
obligated for our services and other charges incurred before the termination date. If we are
required to take legal action to recover our fees for professional services or expenses incurred,
you will be responsible for all court costs and attorney's fees incurred.
No legal action, including the arbitration proceedings described in paragraph 9 may be
brought by you for any cause of action against Manning& Marder,Kass, Ellrod, Ramirez LLP or
any agent or employee of Manning&Marder, Kass,Ellrod,Ramirez LLP, unless you have
complied with all the terms and provisions of this contract.
$
Robert B. Garcia, Chief of Police
October 28, 2009 MANNING MARDER
Page 4 KASS, ELLROD, RAMIREZ Lu.
8. Insurance Disclosure. This firm does maintain errors and omissions
insurance coverage applicable to the services to be rendered.
9. Arbitration. In any dispute arising out of, or related to, a claimed breach of this
Agreement, the professional services rendered by us, or your failure to pay fees for professional
services and other expenses specified, or any other disagreement of any nature, type or
description regardless of the facts or the legal theories which may be involved, such dispute shall
be resolved by binding arbitration by an arbitrator mutually agreed upon by the parties. In the
event that the parties cannot agree, each party shall choose an arbitrator, and those two arbitrators
shall then select a single neutral arbitrator who will hear the dispute.Discovery for this binding
arbitration shall be limited to that which is allowed in the California Courts of limited
jurisdiction, including all rights and remedies thereunder. The arbitration shall take place in the
County of Los Angeles unless otherwise agreed upon in writing. Except as mentioned in
Paragraph 7 above, each party shall bear its own attorney fees and costs.
10. Survival. In the event that any provision of this Agreement is deemed to be
illegal or unenforceable, such determination shall not affect the validity or enforceability of the
remaining provisions hereof, all of which shall remain in full force and effect.
11. Received by Client. Client's signature acknowledges receipt of this Agreement
and assent to its terms. Please review this Agreement carefully and, after signing it,return the
document to the firm.
We are pleased that you have selected Manning&Marder, Kass,Ellrod,Ramirez LLP as
your counsel in this matter.
The undersigned has read this Retainer Agreement by Manning &Marder,Kass, Ellrod,
Ramirez LLP and agrees to be bound by its terms.
We will assume you assent to the terms of this retainer,whether signed or not, if you
accept our legal services without objecting to any of the terms of this retainer in writing.
12. Entire Agreement. This writing constitutes the entire agreement between the
parties concerning the engagement described in Paragraph 2. It supersedes all prior agreements
and understandings, written or oral, and no representations by the parties, written or oral, are
binding unless expressly stated in this Retainer Agreement. The Retainer Agreement may be
modified only in a writing signed by all the parties to this Retainer Agreement.
Robert B. Garcia, Chief of Police
October 28,2009 MANNING &MARDER
•
Page 5 KASS, ELLROD, RAMIREZ Li,r
•
• CITY OF AZUSA
Dated: , 2009 By:
Signature
Print Name
•
Print Title
MANNING &MARDER
is
KASS, ELLROD,RAMIREZ LLP
Dated: /64 2009 B
U
Managing Pa er
1
1147)s a"
44
I 1—
,zus,,
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR
VIA: F.M. DELACH, CITY MANAGER /\9
DATE: DECEMBER 7, 2009 l� �'
SUBJECT: CLASS SPECIFICATION REVISIONS
RECOMMENDATION
The Personnel Board recommends, pursuant to the City of Azusa Civil Service Rules Section 3.3, that
the City Council adopts the revised class specifications for the following positions:
• Park Maintenance Worker I, II, III
• Water Distribution Worker I, II, III
• Facilities Maintenance Worker I, II, III
• Street Maintenance Worker I, II
• Street Maintenance Worker III/Equipment Operator
BACKGROUND
In reviewing the class specifications for the Park Maintenance Worker series, Human Resources
recognized that a change should be made to more clearly define a requirement of this series. Due to the
limited number of Park Maintenance Workers, all levels of the Park Maintenance Worker series are
required to have the ability to drive the entire fleet of department vehicles, some of which require a
Class B California driver's license with a Tank Combination Endorsement. This same requirement exists
throughout the City in all departments.
Currently the language regarding the Class B California driver's license requirement states: "Possession
of or ability to obtain a Class B California driver's license with a Tank Combination and a satisfactory
driving record." What is not clear is the time frame for obtaining the Class B license (except for the
Water Distribution series which does specify the probationary period). Further, in reviewing similar
classifications, listed above, in other City departments it was clear that the same clarification would be
appropriate for the above listed classifications. Human Resources, with the approval of the Department
Directors, recommended clarification of the period of time an employee has to obtain the required Class
B California driver's license with a Tank Combination Endorsement.
Therefore, the Personnel Board recommends the class specifications be changed to state:
(1) Satisfactory driving record
(2) Prior to the completion of the 6 month probationary period, the employee must obtain and
maintain a Class B California driver's license with a Tank Combination Endorsement.
The approval of this recommended change (to obtain during probation and maintain) will more
clearly define the license requirement of these series and provide consistency with all positions with
similar license/certification requirements across the City.
FISCAL IMPACT
None. This is an administrative process.
CITY OF AZUSA
PARK MAINTENANCE WORKER I
PARK MAINTENANCE WORKER II
DEFINITION
Under general supervision, performs a variety of unskilled, semi-skilled and skilled tasks in the
construction, maintenance, and servicing of City parks, trees, and facilities; performs related duties as
required.
CLASS CHARACTERISTICS
Park Maintenance Worker I: This is the entry level class in the Park Maintenance Worker series and
incumbents in this class normally perform a variety of unskilled and semi-skilled tasks; trucks and other
power driven equipment may be operated on a training basis or for tasks which are repetitious in nature.
Park Maintenance Worker I's are normally trainee positions with the incumbents advancing to Park
Maintenance Worker II as the difficulty and complexity of their duties increase.
Park Maintenance Worker II: This is the journey level class in the Park Maintenance Worker series.
Incumbents in this class are expected to perform all park maintenance work and to operate light and
moderately heavy power-driven equipment as assigned. All positions allocated to this class require that
an incumbent be able to work independently and assist in training and directing the work of less
experienced personnel.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position is to be filled, the
essential functions will be noted in the announcement of position availability.
1. Using power and hand tools, edges, and weeds lawns, flower beds, and other landscaped areas; cuts
and plants sod; spreads seed and fertilizer; plants or removes flowers; operates, maintains, and
repairs in-ground sprinkler systems; cleans walks, parking areas, and other areas of leaves and other
debris; removes trash; operates power mowers, blowers, sweepers, edgers, hedge trimmers, clippers,
sprayers, and other equipment or vehicles; makes minor repairs such as sharpening blades; performs
routine maintenance and equipment safety inspection.
2. Trims and prunes trees and shrubs; cleans surrounding areas; utilizes various hand/power tools and
equipment such as pruners, hedgers, clippers, chain-saws, and chipper; removes trees that are dead,
diseased, or causing damage to concrete.
3. Plants trees; prepares ground; assists in determining which species of tree of plant and where to
plant; waters and fertilizes new tree; uses auger for tree planting.
4. Maintains athletic fields and play ground equipment; assists in setting up, breaking down, and
general maintenance for City sponsored events.
5. Sweeps, cleans and stocks rest rooms with supplies; cleans courts, walks, and other recreational
equipment and facilities; may assist in setting up tables and chairs for recreational activities.
6. Performs various building maintenance tasks and minor plumbing, carpentry, and electrical repairs;
prepares interior and exterior surfaces for painting.
7. May be required to perform work on weekends and/or answer emergency calls from the public and
other agencies taking appropriate action such as placing barricades, removing fallen trees and limbs,
and emergency repair of irrigation systems.
Class Specification
Park Maintenance Worker 11/III
8. Operates pickup and dump trucks, tractors, backhoe, aerial lift truck and other maintenance
equipment; participates in the control of traffic; sets out cones, signs, or barricades; may direct at the
work site.
MARGINAL FUNCTIONS: These are position functions which may be changed, deleted or
reassigned to accommodate an individual with a disability.
QUALIFICATIONS GUIDELINES - Education and/or Experience: Any combination of education
and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job
performance. Example combinations include
Park Maintenance Worker I: some experience with grounds and parks maintenance.
Park Maintenance Worker II: one year of experience and satisfactory job performance as a Park
Maintenance Worker I or any combination of education and/or experience that has provided the
knowledge, skills, and abilities necessary for satisfactory job performance.
Knowledge and Skill Levels
Park Maintenance Worker I - Working knowledge of grounds maintenance methods and techniques;
plants, flowers, and shrubs; operation and maintenance of tools and equipment used in grounds
maintenance; grounds caretaking equipment operation and maintenance. Skill in the operation power
tools and equipment.
Park Maintenance Worker II - Considerable knowledge of grounds maintenance methods and
techniques; trees, plants, flowers, and shrubs; operation and maintenance of tools and equipment
used in grounds maintenance; grounds caretaking equipment operation and maintenance. Skill in the
operation power tools and equipment.
Ability Level
Ability to understand and carry out oral and written directions; keep accurate records; perform
unskilled, semi-skilled and skilled tasks using a variety of tools and equipment; perform heavy
manual labor; lift 90 pounds on a regular basis; repair irrigation and sprinkler systems; operate
vehicles and stationary mechanical equipment; respond to emergency and problem situations in an
effective manner; communicate effectively with a variety of personnel and establish/maintain
effective working relationships; understand and apply policies and procedures; work independently;
work safely; perform light carpentry, plumbing, and masonry work; pour and mix concrete; perform
a variety of building maintenance.
Special Requirements
Satisfactory driving record.
Prior to the completion of the 6 month probationary period, the employee must obtain and maintain a
Class B California driver's license with a Tank Combination Endorsement.
•
CITY OF AZUSA
PARK MAINTENANCE WORKER III
DEFINITION
Under general supervision, performs a variety of semi-skilled and skilled tasks in the construction,
maintenance, and servicing of City parks, trees, and facilities; learns to lead the work of crews and
supervise employees; performs related duties as required.
CLASS CHARACTERISTICS
This is the advanced journey level class in the Park Maintenance Worker class series. Incumbents
perform the more complex and difficult park maintenance and construction work. In addition,
incumbents train the less experienced staff on maintenance/construction tasks and act as crew leaders in
their absence.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position is to be filled, the
essential functions will be noted in the announcement of position availability.
Using power and hand tools, edges, and weeds lawns, flower beds, and other landscaped areas; cuts and
plants sod; spreads seed and fertilizer; plants or removes flowers; operates, maintains, and repairs in-
ground sprinkler systems; cleans walks, parking areas, and other areas of leaves and other debris;
removes trash; operates power mowers, blowers, sweepers, edgers, hedge trimmers, clippers, sprayers,
and other equipment or vehicles; makes minor repairs such as sharpening blades; performs routine
maintenance and equipment safety inspection.
Trims and prunes trees and shrubs; cleans surrounding areas; utilizes various hand/power tools and
equipment such as pruners, hedgers, clippers, chain-saws, and chipper; removes trees that are dead,
diseased, or causing damage to concrete.
Plants trees; prepares ground; assists in determining which species of tree of plant and where to plant;
waters and fertilizes new tree; uses auger for tree planting.
Maintains athletic fields and play ground equipment; assists in setting up, breaking down, and general
maintenance for City sponsored events.
Sweeps, cleans and stocks rest rooms with supplies; cleans courts, walks, and other recreational
equipment and facilities; may assist in setting up tables and chairs for recreational activities.
Performs various building maintenance tasks and minor plumbing, carpentry, and electrical repairs;
prepares interior and exterior surfaces for painting.
May be required to perform work on weekends and/or answer emergency calls from the public and other
agencies taking appropriate action such as placing barricades, removing fallen trees and limbs, and
emergency repair of irrigation systems.
Operates pickup and dump trucks, tractors, backhoe, aerial lift truck and other maintenance equipment;
participates in the control of traffic; sets out cones, signs, or barricades; may direct at the work site.
Class Specification
Park Maintenance Worker III
Learns to assign work to crew members; ensures work of crew is performed in a safe and efficient
manner; assists in training subordinates in work methods and safety practices; prepares and submits
reports concerning work performed, material and equipment usage, safety and other related matters.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and
abilities necessary for satisfactory job performance. Example combinations include two years of
experience and satisfactory job performance as a Park Maintenance Worker II or any combination of
education and/or experience that has provided the knowledge, skills, and abilities necessary for
satisfactory job performance.
Knowledge, Skills and Abilities
Considerable knowledge of grounds maintenance methods and techniques; trees, plants, flowers, and
shrubs; operation and maintenance of tools and equipment used in grounds maintenance; grounds
care taking equipment operation and maintenance. Skill in the operation power tools and equipment.
Ability to understand and carry out oral and written directions; keep accurate records; perform
unskilled, semi-skilled and skilled tasks using a variety of tools and equipment; perform heavy
manual labor; lift 90 pounds on a regular basis; repair irrigation and sprinkler systems; operate
vehicles and stationary mechanical equipment; respond to emergency and problem situations in an
effective manner; communicate effectively with a variety of personnel and establish/maintain
effective working relationships; understand apply policies and procedures; work independently;
work safely; perform light carpentry, plumbing, masonry work; pour and mix concrete; perform a
variety of building maintenance and learn to supervise, assign work and train crew members.
Special Requirements
Satisfactory driving record.
Prior to the completion of the 6 month probationary period, the employee must obtain and maintain a
Class B California driver's license with a Tank Combination Endorsement.
•
CITY OF AZUSA
WATER DISTRIBUTION WORKER I, II & III
DEFINITION
Under general supervision, performs a variety of semi-skilled and skilled tasks in the upkeep,
maintenance, and repair of water distribution systems and related facilities; performs related duties as
required.
CLASS CHARACTERISTICS
Water Distribution Worker I: This is the entry and training level class in the Water Distribution Worker
series. Duties are performed under close supervision and in a learning capacity. Incumbents perform a
wide range of construction and maintenance tasks, some of which may be semi-skilled in nature.
Incumbents assigned to this class perform with greater independence and discretion as knowledge and
abilities are acquired. Possession of a Grade Dl Water Distribution System Operator Certificate issued
by the California Department of Public Health is required. Water Distribution Worker II positions that
are vacant may be filled at the Water Distribution Worker I level.
Water Distribution Worker II: This is the journey level class in the Water Distribution Worker series.
Positions in this class are normally filled by advancement from the lower level class of Water
Distribution Worker I, or when filled from the outside, require highly skilled and technical work
experience. Appointment to the higher class requires that the employee be performing substantially the
full range of skilled and technical duties, meet the minimum qualifications for the class and a higher
level certification: Grade D2 Water Distribution Worker System Operator Certificate issued by the
California Department of Public Health.
Water Distribution Work III: This is the advanced level class in the Water Distribution Worker series.
This class may be filled by advancement from the journey level class or from the outside provided that
the minimum requirements are met for this position. This position requires the skills of the journey level
position, plus additional experience and a higher level certification: Grade D3 Water Distribution
System Operator Certificate issued by the California Department of Public Health.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position is to be filled, the
essential functions will be noted in the announcement of position availability.
Installs, removes, and repairs large and small services.
Cuts, fits, lays and repairs water mains; cleans and flushes water mains; repairs mains, valves and
hydrants.
Inspects, tests, and operates valves, fittings and related water distribution equipment.
Operates trucks and construction equipment such as backhoe and trenching machine; performs minor
servicing to truck and reports mechanical or other problems; keeps truck stocked with supplies and
materials.
Performs repairs to fire hydrants and flow tests related equipment.
Class Specification
Water Distribution Worker I, II, II
Participates in water system maintenance and repair work; locates, excavates and repairs water lines and
related facilities; inspects water projects for leaks, decayed pipes, spillages and pump malfunctioning.
Installs barricades and routes traffic in a safe manner.
May operate a jackhammer; pours and finishes concrete and blacktop.
Assists in training less experienced personnel.
Maintains routine records.
MARGINAL FUNCTIONS: These are position functions, which may be changed, deleted or
reassigned to accommodate an individual with a disability.
QUALIFICATIONS GUIDELINES - Education and/or Experience: Any combination of education
and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job
performance. Example combinations include
Water Distribution Worker I: High school graduation or equivalent, and one year of experience in
the installation, repair, and maintenance of water mains, meters, valves, hydrants, and related
facilities, and possession of a Grade D1 Water Distribution System Operator Certificate issued by
the California Department of Public Health.
Water Distribution Worker II: High school graduation or equivalent, and three years of experience
in the installation, repair, and maintenance of water mains, meters, valves, hydrants, and related
facilities or two years of experience as a Water Distribution Worker I in the City of Azusa, and
possession of a Grade D2 Water Distribution System Operator Certificate issued by the California
Department of Public Health.
Water Distribution Worker III: High school graduation or equivalent, and five years of experience
in the installation, repair, and maintenance of water mains, meters, valves, hydrants, and related
facilities, at least three years in a journey level Water Distribution Worker position, and possession
of a Grade D3 Water Distribution System Operator Certificate issued by the California Department
of Public Health.
Knowledge and Skill Levels
Water Distribution Worker I: Working knowledge of the equipment and procedures involved in
the installation, maintenance, and repair of water systems; related laws, ordinances, rules,
regulations, policies, and procedures.
Water Distribution Worker II: Considerable knowledge of the equipment and procedures
involved in the installation, maintenance, and repair of water systems; related laws, ordinances,
rules, regulations, policies, and procedures.
Class Specification
Water Distribution Worker I, II, III
Water Distribution Worker III: Advanced knowledge and experience with the equipment and
procedures involved in installation, maintenance, and repair of water distribution systems;
related laws, certifications, ordinances, rules, regulations, policies, and procedures.
Ability Level
Ability to perform a variety of construction, repair and maintenance tasks; work under routine and
emergency conditions; work efficiently and safely with others; understand and follow instructions
and directions; work with others in a harmonious and respectful manner; perform a wide variety of
physically strenuous tasks; respond to public inquiries and complaints in a tactful and courteous
manner; safely operate heavy construction and repair equipment; operate and properly repair valves,
fittings and hydrants; read, interpret and understand blueprints and construction drawings; assist in
training personnel; maintain records; maintain and repair equipment and tools.
Special Requirements:
Water Distribution Worker I: Possession of a Grade Dl Water Distribution System Operator
Certificate issued by the California Department of Public Health.
Water Distribution Worker II: Possession of a Grade D2 Water Distribution System Operator
Certificate issued by the California Department of Public Health.
Water Distribution Worker III: Possession of a Grade D3 Water Distribution System Operator
Certificate issued by the California Department of Public Health.
Satisfactory driving record.
Prior to the completion of the 6 month probationary period,the employee must obtain and maintain a
Class B California driver's license with a Tank Combination Endorsement.
CITY OF AZUSA
STREET MAINTENANCE WORKER I
STREET MAINTENANCE WORKER II
DEFINITION
Under general supervision, performs a variety of skilled, semi-skilled or unskilled tasks in the
construction, maintenance, and servicing of City streets, sewers, traffic systems, signs, sidewalks, storm
drains, and equipment; performs related duties as required.
CLASS CHARACTERISTICS
Street Maintenance Worker I: This is the entry level class in the Street Maintenance Worker series an
incumbents in this class typically perform a variety of unskilled and semi-skilled tasks. Trucks and
other power driven equipment may be operated on a training basis or for tasks which are repetitive in
nature. Street Maintenance Worker I are normally trainee positions, with the incumbents advancing to
Street Maintenance Worker II as the difficulty of their duties increase.
Street Maintenance Worker II: This is the journey level class in the Street Maintenance Worker series.
Incumbents are expected to perform assigned activities without detailed instructions as to specific
procedures to be followed. Positions in this class may also be expected to assist in the supervision and
training of less experienced personnel.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position is to be filled, the
essential functions will be noted in the announcement of position availability.
Sets, forms, pours, and finishes concrete to repair curbs, gutters, driveways, and sidewalks; performs
street repairs and patching; lays asphalt; clears roadside and other City properties by cutting brush,
raking and hoeing; sets up traffic safety devices and barricades as necessary.
Assists in the repair of storm drains, catch basins, and storm drain pipes.
Maintains sewers; operates maintenance equipment such as sewer rodder, hydraulic jet cleaner, vac-all,
front loader, compressor, power wench, etc; installs and repairs underground pipes and removes
blockages from lines.
Removes, replaces, and repairs street signs, performs minor traffic striping on streets, crosswalks, and
curbs; manufactures special signs for special events.
Answers emergency calls from the public and other agencies taking appropriate action such as placing
barricades, removing fallen trees and limbs, replacing street signs and emergency patching of streets,
repairing sewer lines.
Operates pickup and dump trucks, tractors, and other maintenance equipment; performs routine
maintenance on equipment.
Classification Specification
Street Maintenance Worker I& II
May perform routine building maintenance tasks when assisting skilled maintenance personnel in
carpentry, heating, plumbing or electrical work.
Pours and finishes concrete for monuments and plaques.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities
necessary for satisfactory job performance. Example combinations include
Street Maintenance Worker I: one year of experience with grounds, street and/or building maintenance.
Street Maintenance Worker II: One year of experience and satisfactory job performance as a Street
Maintenance Worker I in the City of Azusa or two years of education and/or experience that has
provided the knowledge, skills, and abilities necessary for satisfactory job performance.
Knowledge and Skill Levels
Street Maintenance Worker I: Working knowledge of common tools and equipment used in
construction and maintenance work; basic safety precautions and procedures.
Street Maintenance Worker II: Considerable knowledge of common tools and equipment used in
construction and maintenance work; basic safety precautions and procedures; traffic laws, ordinances
and rules related to truck and heavy equipment operations; standards relating to the proper installation
and maintenance of street signs and pavement markings. Skill in the operation of a variety of equipment
and vehicles; use of hand and power tools.
Skill Level
Ability to understand and carry out oral and written directions; keep accurate records; use a variety of
tools and equipment; perform heavy manual labor; lift 90 pounds on a regular basis; perform unskilled
and semi-skilled task in a variety of construction and maintenance activities; operate vehicles,
equipment and stationary mechanical equipment; respond to emergency and problem situations in an
effective manner; communicate effectively with a variety of personnel and establish/maintain effective
working relationships; apply policies and procedures; work independently; work safely; pour and mix
concrete; read and interpret basic maps and blueprints.
Special Requirements
Satisfactory driving record.
Prior to the completion of the 6 month probationary period, the employee must obtain and maintain a
Class B California driver's license with a Tank Combination Endorsement.
CITY OF AZUSA
STREET MAINTENANCE WORKER III/
EQUIPMENT OPERATOR
DEFINITION
Under general supervision, operates heavy construction and maintenance equipment to excavate, grade,
trench and load materials; performs a variety of semi-skilled and skilled tasks in the performance of a
variety of maintenance and construction work; performs related duties as required.
CLASS CHARACTERISTICS
This is the advanced journey level class in the Maintenance Worker class series. Incumbents perform
the more complex and difficult construction and maintenance work and are required to operate a variety
of equipment on a regular basis. In addition, incumbents train the less experienced staff on equipment
operation and maintenance/construction tasks.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position is to be filled, the
essential functions will be noted in the announcement of position availability.
Operates heavy construction equipment such as backhoe, roller, scraper, grader, and front end loaders to
maintain, construct or repair streets, sidewalks, curbs and gutters; uses concrete cutting and breaking
equipment; operates a jack hammer; pours and finishes concrete; constructs concrete forms and
performs rough carpentry.
Assists the Crew Supervisors with the daily supervision of personnel and the completion of assigned
tasks; provides guidance and training to less experienced maintenance staff
Performs sewer maintenance duties including the operation of sewer rodder, hydraulic jet cleaner, vac-
all, front loader, compressor, power wench, boom truck; repairs and maintains main and auxiliary
pumps; clears sewer blockages; installs and repairs pipes.
Inspects ditches, drainage areas and roadside shoulders for weeds; removes weeds; clears and maintains
storm drains.
Paints traffic markings on streets, crosswalks, parking lots, and curbs; installs, manufactures and repairs
signs; designs and manufactures special signs.
Sets up traffic safety devices and barricades; uses proper and safe work methods; performs routine
maintenance on equipment and tools; maintains inventory of traffic safety supplies.
Drives motor sweeper on an assigned route; performs special sweeps for glass in roadway, cement spills,
and other debris; makes minor adjustments along the route to chains, gears, brooms, sprinkler, or other
auxiliaries reporting any breakage and the need for more complicated adjustments or repair; cleans and
washes sweeper; greases sweeper; changes gutter brooms on weekly basis; may assist mechanics with
repairs.
Reads and interprets maps and blueprints.
As assigned, performs emergency street, sewer, storm drain and other public service maintenance work.
Street Maintenance Worker III-Equipment Operator
Class Specification
MARGINAL FUNCTIONS:
These are position functions which may be changed, deleted or reassigned to accommodate an
individual with a disability.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and
abilities necessary for satisfactory job performance. Example combinations include completion of
the twelfth grade or equivalent and three years of experience comparable to that of a Street
Maintenance Worker II in the City of Azusa.
Knowledge and Skill Levels
Considerable knowledge of equipment operation, techniques, and methods used in the construction
and maintenance area of streets, sidewalks, signs, and storm drains; safe work practices; uses and
purposes of general construction tools and equipment; traffic laws, ordinances and rules involved in
truck and heavy equipment operation; standards relating to the installation, location and required
maintenance of traffic signs and pavement markings; applications of pesticides and herbicides. Skill
in operating equipment used in work performed; reading and interpreting blueprints, work sketches
and specialized maps; performing journey level skilled tasks in the construction and maintenance of
public works facilities. Ability to operate a variety of heavy and light power-driven equipment; keep
accurate records; perform skilled maintenance, construction and repair work; use hand tools and
power tools safely; read and interpret maps and blueprints; assist in training personnel on unit
activities, procedures and regulations; lift 90 pounds on a regular basis; perform heavy manual work;
respond to emergency and problem situations in an effective manner; communicate effectively with
a variety of personnel and establish/maintain effective working relationships; understand, explain
and apply policies and procedures; work safely; understand and follow verbal and written directions;
work independently.
Special Requirements
Satisfactory driving record.
Prior to the completion of the 6 month probationary period, the employee must obtain and maintain a
Class B California driver's license with a Tank Combination Endorsement.
1111:1. of
ticiii* —
AZUSA
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY BOARD
I.
Nir
FROM: KURT CHRISTIANSEN, ECONOMIC & COMMUNITY DEVELOPMENT
DIRECTOR ��,,AA
VIA: F.M. DELACH, EXECUTIVE DIRECTOR;�(t,.2
DATE: DECEMBER 7, 2009 L�� ��
SUBJECT: AZUSA REDEVELOPMENT AGENCY FIVE-YEAR IMPLEMENTATION
PLAN 2009-10 THROUGH 2013-14
RECOMMENDATION
It is recommended that the Agency Board adopt the attached Resolution approving the Five-Year
Implementation Plan for Fiscal Years 2009-10 through 2013-14.
BACKGROUND
Assembly Bill 1290 (AB 1290), entitled the Community Redevelopment Law Reform Act of
1993, took effect on January 1, 1994, and added Section 33490 to the Health and Safety Code.
Section 33490 mandates that each redevelopment agency adopt a five-year implementation plan
commencing with the initial plan for projects adopted prior to January 1, 1994; to be adopted that
calendar year. The Five-Year Implementation Plan for Fiscal Years 2009-10 through 2013-14 is
the fourth Implementation Plan adopted by the Azusa Redevelopment Agency.
This Implementation Plan identifies potential Agency-related redevelopment programs and
projects, and housing activities targeting low- and moderate-income households, for the Azusa
Redevelopment Project (the "Project," or the "Project Area," as appropriate) during the five-year
period beginning in fiscal year 2009-10, and ending in fiscal year 2013-14 It is generally
intended as a policy statement rather than a specific course of action. It identifies priorities for
potential programs and projects, and demonstrates how such programs and projects will address
essential near-term revitalization objectives for the Project Area. This Implementation Plan is
not intended to restrict the Agency to the programs and projects identified herein, since
conditions, values, expectations, resources, and the needs of the community may change during
the term of this Implementation Plan.
It is important to emphasize that the Agency is a mature agency with many years of experience
in implementing a broad range of redevelopment activities and programs. The preparation and
adoption of an Implementation Plan does not mean that the Agency must undertake a sudden
change in direction, set new goals, or discontinue on-going activities and programs.
Accordingly, the emphasis of this Implementation Plan is on maintaining a continuity of actions
and consistency with established policies while remaining cognizant of potential activities that
may arise or become feasible during the five-year term of this Implementation Plan.
The 2010-2014 Implementation Plan, prepared pursuant to CCRL Sections 33490(a)(1) and
33413(b)(4), contains the following:
• Agency accomplishments during the Preceding Implementation Plan term;
• Agency goals, objectives, programs, and projects for the next five years;
• Estimated revenue and expenditures to enable implementation of Agency programs and
projects
• An explanation of how the Agency's goals and objectives, programs, and expenditures
will eliminate blight within the project areas;
• An Affordable Housing Production Plan that outlines how the Agency will meet its
affordable housing obligations pursuant to CCRL requirements over the next five years;
and
• An estimate of the number of units to be provided over the next five and ten years to meet
the Agency's 15%inclusionary housing requirements.
AGENCY ACCOMPLISHMENTS
Since adoption of the preceding Implementation Plan, the Agency has engaged in a number of
successful projects and programs aimed at economic revitalization, blight reduction, and
affordable housing production. Many of the key accomplishments during the last five years
involve the assembly of property for projects, the recruitment of development partners, and the
preparation of Exclusive Negotiating Agreements and/or Disposition and Development
Agreements. While the planning and/or construction of projects such as the Target Store and
Citrus Crossing were completed in the last five years, others such as Downtown North, Blocks
36 and 37, Arrow& Azusa, and D-Club will be carried over to the next five-year period.
HOUSING COMPLIANCE
Redevelopment Law also requires the Agency to adopt a housing compliance plan as part of the
Implementation Plan. It must describe how the Agency intends to expend monies in the Low-
Moderate Income Housing Fund ("LMI Fund"), identify all residential construction or
substantial rehabilitation that has occurred within the Project Area since adoption of the
Redevelopment Plan, and document the projects/programs the Agency has pursued (and will
pursue) in order to meet its affordable housing production obligations.
The Housing Compliance Plan is a ten-year plan that encompasses both the previous five-year
Implementation Plan period as well as the next five-years. The projects and programs outlined in
the Plan must address the Agency's Inclusionary Housing requirements and its regional housing
obligations as defined in the City's Housing Element.
The LMI Housing Fund is projected to experience negative fund balances during the next two
years. This is due in part to the Agency's aggressive efforts to address the blight conditions in the
Atlantis Gardens neighborhood. It is important that a development partner be recruited to assist
in the rehabilitation of Atlantis Gardens and that supplemental funding sources be developed.
FISCAL IMPACT
Adoption of the attached Resolution will not, in and of itself, have any fiscal impact on the
Agency. However, the Implementation Plan identifies several significant financial issues that
will be addressed in the next five years:
• Land Sales - From an Agency cash flow perspective, it is important to note that the five-
year financial plan relies heavily on the sale of current Agency land assets in the next
three years to balance the budget. The analysis assumes that certain parcels being held for
resale that are associated with the Downtown North project (Foothill/Dalton and the
Lewis project east of the Target site), the Arrow & Azusa project, the D-Club site, and
Block 36 will be sold to developers as part of either a Disposition and Development
Agreement or an outright sale.
These parcels, along with the recent sales proceeds from the Target acquisition, are
anticipated to generate some $14.3 million in the next three years.
• Long-Term and Short-Term Loans - Another financial issue facing the Agency is the
status of outstanding loans due to the City and its Light & Water Utility. In order to
address cash flow requirements, it has been necessary over the past several years to delay
payments on these loans or limit the payments to interest only. The Implementation Plan
envisions that Agency payments on these loans will need to be deferred for the next five-
years. To the extent that sufficient Agency funds become available on a year-to-year
basis, the principal amounts of these debts should be paid down.
• SERAF — The state-mandated Supplemental Education Revenue Augmentation Fund
(SERAF) shift for the Azusa Redevelopment Agency in 2009-10 is estimated at
$2,489,504 with another $512,545 in 2010-11 for a two-year total of over $3 million.
Since the California Redevelopment Association was successful in litigating the 2008
ERAF shift, and since the CRA has filed similar legal action against the SERAF shift,
staff has not programmed these takings into the Agency's cash flow analysis. However, if
the CRA's legal challenge against these shifts is unsuccessful, the Agency will need to
reexamine these financial assumptions and amend the Implementation Plan accordingly.
Attachments
1. A Resolution of the Redevelopment Agency of the City of Azusa Adopting the 2010-
2014 Five-Year Implementation Plan for the Amended and Restated Central Business
District and West End Merged Project and the Ranch Center Project
2. Azusa Redevelopment Agency Five-Year Implementation Plan for Fiscal Years 2009-
10 Through 2013-14
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA ADOPTING THE 2010-14 FIVE-YEAR
IMPLEMENTATION PLAN FOR THE AMENDED AND
RESTATED CENTRAL BUSINESS DISTRICT AND WEST END
MERGED PROJECTS AND THE RANCH CENTER PEOJECT.
WHEREAS, the Redevelopment Agency of the City of Azusa (the
"Agency") is a duly constituted public body, corporate and politic, established
pursuant to Community Redevelopment Law of the State of California (Section
33000 et.seq.of the Health and Safety Code);and
WHEREAS, pursuant to Article 16.5, section 33490 of the State Health
and Safety Code, the Agency shall adopt after a public hearing, an
Implementation Plan containing specific goals and objectives of the Agency,and
the specific programs and expenditures proposed to be made during the next five
years;and
WHEREAS, the Implementation Plan shall explain how the proposed
goals and objectives, programs and expenditures will eliminate blight and
implement the requirements of Sections 33334.2, 33334.4, 33334.6, and 33413
for each Project Area;and
WHEREAS, the Implementation Plan shall provide details about the Ten-
Year Redevelopment Housing Compliance Plan including the AB 315 Production
Plan pursuant to Section 33413;and
WHEREAS,the Board of Directors has held a public hearing and provided
the opportunity for public input pursuant to Section 33490 of the State Health and
Safety Code.
NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the
Redevelopment Agency of the City of Azusa take the following actions:
SECTION 1. Adopt the 2010-14 Five-Year Implementation Plan and Ten-
Year Housing Compliance Plan.
SECTION 2. The Agency Secretary shall certify the adoption of this
resolution.
PASSED AND APPROVED this 7th day of December,2009.
Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly passed,
approved, and adopted by the Board of Directors of the Redevelopment Agency
of the City of Azusa, at a regular meeting of said Board held on the 7th day of
December, 2009, by the following vote of the Board:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
Secretary
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CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, NOVEMBER 16, 2009 —8:50 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the
above date and time in the Azusa Auditorium, 213 E. Foothill Blvd., Azusa CA.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES, CARRILLO, HANKS, ROCHA
ABSENT: DIRECTORS: MACIAS
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads, Secretary Mendoza, Deputy Secretary Toscano.
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PSA 606
REAL PROPERTY LOCATED AT 606 GLENFINNAN AVENUE (BARRIENTOS). Glenfinnan
Economic and Community Development Director Christiansen addressed the item stating that this is K. Christiansen
similar to the other purchase and sale agreements recently adopted and staff realized this one was missed. Comments
Moved by Director Carrillo, seconded by Director Gonzales and unanimously* carried to authorize the PSA 606
Executive Director to execute a Purchase and Sale Agreement("PSA")for the acquisition of real property Glenfmnan
located at 606 Glenfinnan Avenue (APN: 8612-001-063). Approved
Director Carrillo offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res. 09-R57
PURCHASE AND SALE AGREEMENT WITH BARRIENTOS FAMILY TRUST FOR THE PSA approved
PURCHASE OF 606 GLENFINNAN AVENUE(APN 8612-001-063)IN ITS ENTIRETY WITHIN THE Barrientos Family
MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT
AREA.
Moved by Director Carrillo, 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, CARRILLO, HANKS, ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: MACIAS
The CONSENT CALENDAR consisting of items F-1 and F-2, was approved by motion of Consent Cal.
Director Carrillo, seconded by Director Hanks and unanimously* carried. Approved
1. Minutes of the regular meeting of November 2, 2009, were approved as written. Min appvd
2. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. No. 09-R58
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants
AGENCY FUNDS.
Spec Call Items
SPECIAL CALL ITEMS
None
None.
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT:8:51 P.M.
SECRETARY
NEXT RESOLUTION NO. 09-R59
*Indicates Mayor Pro-Tem Macias absent.
11/16/09 PAGE TWO
6iFopus
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY T ASURER
DATE: DECEMBER 7, 2009
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S
STATEMENT OF CASH BALANCES FOR THE MONTH OF OCTOBER 2009
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 October 2009.
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 October 2009. 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 $5,176,397.90. Cash received totaled
$7,055,515.90, and disbursements of$1,879,118.00 were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$20,669,362.95,Wells Fargo Bank,the fiscal agent,held$8,550,841.55 on behalf of
the Agency. These funds are restricted for payment of debt service on the bonds and special bond-
funded projects. The remaining$12,118,521.40 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.
Prepared by: Roseanna.l.Jara,Sr.Acct.-Redevelopment
MH:RJJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
OCTOBER 2009
Beginning Cash Balance $15,492,965.05
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 7,055,515.90
Disbursements (1,879,118.00)
Ending Cash Balance $20,669,362.95
(All Restricted and Unrestricted Accounts & Investments)
(f (
Marcery'e Hamilton, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
OCTOBER 2009
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 $7,345,060.85 FDIC up to$100,000.00 Ongoing 0.000% $7,345,060.85
>$100,000 collaterized by 110%in govn't securities
Local Agency Investment Fund(LAIF) $20,000,000.00 4,773,460.55 Backed by faith&credit of the State of California Ongoing 0.646% 4,780,910.07
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $12.118,521.40 $12,125,970.92
Interest Collections: $9,397.10
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Protect Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 0.00 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.00
2003A Interest Account
AIM Gov't Portfolio No limit 0.81 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.81
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
AIM Gov't Portfolio No limit 1,086,244.64 Investments in direct obligations of the U.S.Treasury Ongoing 0.050% 1,086,244.64
2003 Merged Project Tax Allocation Bonds Subtotal: $1,086,247.42 $1,086,247.42
Interest Collections: $43.76
2005 Merged Protect Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt No limit $21.91 N/A Ongoing 0.000% $21.91
2005 Interest Account
Wells Fargo Advantage Gov't Mmkt No limit 0.20 N/A Ongoing 0.000% 0.20
2005 Redevelopment Fund
AIM Institutional Prime-Cash Mgmt/MMk No limit 50,367.03 N/A Ongoing 0.080% 50,367.03
2005 Reserve Account
Wells Fargo Advantage Gov't Mmkt No limit 869,259.17 N/A Ongoing 0.010% 869,259.17
2005 Merged Project Tax Allocation Bonds Subtotal: $919,648.31 $919,648.31
Interest Collections: $10.56
2007A Merged Protect Tax Allocation Bonds
•
2007A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $1.58 N/A Ongoing 0.000% $1.58
•
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 I�
2007A Merged Project Tax Allocation Bonds Subtotal: $1.58 $1.58
Interest Collections: $0.00
2007B Merged Protect Tax Allocation Refunding Bonds
2007B Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $8.58 N/A Ongoing 0.000% $8.58
2007B Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
OCTOBER 2009
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
2007B Principal Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007B Reserve Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit 325,042.50 N/A Ongoing 0.010% 325,042.50
2007B Merged Project Tax Allocation Bonds Subtotal: $325,051.08 $325,051.08
Interest Collections: $2.67
2008A Merged Protect Tax Allocation Bonds
2006A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.62 N/A Ongoing 0.000% $0.62
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 $8,967.23 >$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 8,967.23
2008A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $3,670,201.13 N/A Ongoing 0.010% $3,670,201.13
2008A Merged Project Tax Allocation Bonds Subtotal: $4,334,409.74 $4,334,409.74
Interest Collections: $30.17
2008B Merged Project Tax Allocation Housing Bonds
2008B Bond Fund
Wells Fargo Advantage Government Mmkt No limit $1.43 N/A Ongoing 0.000% $1.43
2008B 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 $23,863.84 >$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 23,863.84
20088 Low&Moderate Income Housing Fund
Reliance Trust Co.Cash Equivalent Mmkt No limit 0.02>$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 0.02
Wells Fargo Advantage Government Mmkt No limit $738,135.63 N/A Ongoing 0.010% 738,135.63
2008B Merged Project Tax Allocation Bonds Subtotal: $1,885,483.42 $1,885,483.42
Interest Collections: $21.51
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $8,550,841.55 $8.550,841.55
Total-Azusa Redevelopment Agency
Cash and Investments: $20,669,362.95 $20.676,812.47
Total Interest Collections: $9,505.77
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.09
FISCAL YEAR 2009-10
WARRANTS DATED 11/01/09 THROUGH 11/15/09pe-45 ,
FOR REDEVELOPMENT AGENCY MEETING OF 12-07-09
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:
80-1 10-REDEVELOPMENT ADMINISTRATION FUND $ 6,742.09
80-125-CBD CAPITAL PROJECTS FUND 19,876.76
80-135-WED CAPITAL PROJECTS FUND
80-185-RANCH CAPITAL PROJECTS FUND
81-165-626-2008B HSG TAX ALLOCATION BONDS
81-155-TAX INCREMENT SET-ASIDE FUND 979.00
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 27,597.85
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 2009.
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 2009.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 11/25/09 OPEN H O L D DB LISTING Byn/Entity Nacre Ppa�ces 1
WED, NJV 25, 2009, 12:52 RM ---req: ROSE leg: GL JL---lcc: BI-TE2H---job: 707282 #J1158---pgn: CH400 <1.34> ipt id: C F'L1R02
SELECT FUD Codes: 80-82 ; Check Issue Rtes: 110109-111509
PF; ID PE Narre ACCT NCMBER / 1C&3 N.MBFIZ Invoice Nugoer Description St Disc. Ant. Dist. Arrt.
V11440 ADVANTAGE CWUP 8000000000-2724 60201 FLEX ALMIN PROC PD 0.00 6.82
PElU d: 0.00
Paid: 6.82
Total : 6.82
V00363 AZ1SA CHAMBER OF 8010110000-6630 963 FY 09/10 AZUSP C PD 0.00 3,000.00
PEii i) unpaid: 0.00
PPaaiid: 3,000.00
Total : 3,000.00
V01305 AZUSA CITY FED C 8000000000-3035 2610/0901022 PY#22/09 PD 0.00 284.06
PEJIJ ihnid: 0.00
Paid: 284.06
Total : 284.06
V10604 AZUSA MILLE MN 8000000000-3020 2618/0901022 PY#22/09 PD 0.00 30.00
PE1D Lh- id: 0.00
Paaiid: 30.00
Total: 30.00
V05782 AZUSA, CITY OF 8110155000-6815/505320-6815 101309RDEV CLEAN-A-LC7T/BLEI PD 0.00 328.00
PIKED Unpaid: 0.00
Paid: 328.00
Total: 328.00
V05804 BEST BEST & KRIE 8010110000-6301 614155 9/09 TC4,-STAFF M PD 0.00 777.00
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 614155 9/09 TCS,-STAFF M PD 0.00 2,753.80
V05804 BEST BEST & KRIE 8010125000-6301/505900-6301 614155 9/09 TGT,-STAFF M PD 0.00 21.00
V05804 BEST BEST & KRIE 8010125000-6301/505825-6301 614157 9/09 TGT,-TART PD 0.00 2,563.04
V05804 BEST BEST & KRIE 8010125000-6301/505900-6301 614160 9/09 TCS,-FOWLER PD 0.00 4,652.72
V05804 BEST BEST & KRIE 8010125000-6301 614156 9/09 LGL-FWY PD 0.00 1,050 .00
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 614156 9/09 LGL-FWY E UR PD 0.00 308.70
V05804 BEST BEST & KRIE 8010125000-6301/505825-6301 614156 9/09 LGL-FWY PER PD 0.00 21.00
V05804 BEST BEST & ERIE 8010125000-6301/505800-6301 614158 9/09 LGL-CI DI ET R) 0.00 1,017.69
V05804 BEST BEST & ERIE V05804 BEST BEST & ERIE 81110155000-6301/5053320-6301 614154 9/09 LGL-ATLNIS PD 0.00 651.00
City of Azusa HP 9000 11/25/09 OPEN HOLD DB LISTING By P�Entity Narre Page 2
WFD, EEN 25, 2009, 12:52 1M ---req: ROSE leg: GL JL---loc. BI-TECH---jab. 707282 431158---pjn: 00 <1.34> rpt id: CHFTTR02
SELECT FUND Ctdes: 80-82 ; Check Issue Dates: 110109-111509
PE ID PE Narre ACCX1NT NUM3ER / JCB UMBER Invoice Number Description St Disc. Ant. Dist. Ant.
- --------- PEID d: 0.00
Paid: 14,739.35
Total: 14,739.35
V01432 BUSINESS T,TfE; Mk 8010110000-6601 201016 MARKEITNEVEUSINE PD 0.00 812.50
PEUJ d: 0.00
rOid: 812.50
Total : 812.50
V06783 =STREET 8000000000-3010 1310/0901022 PY=22/09 PD 0.00 264.60
V06783 =STREET 8000000000-3010 2310/0901022 PY=22/09 PD 0.00 557.45
V06783 (21'11SIREET 8000000000-3010 2315/0901022 PY=22/09 PD 0.00 124.71
L'FJDUrpaid: 0.00
Paid: 946.76
Total: 946.76
V00348 CCNSEEO HEALTH I 8000000000-3054 2435/0901022 PY#22/09 PD 0.00 20.21
PE_1D d: 0.00
Paid: 20.21
Total: 20.21
V06892 CUSIUVI SIGNS INC 8010125000-6625/505825-6625 6901 3 Project Signs- PD 0.00 5,598.49
PEID Lbpaid: 0.00
Paid: 5,598.49
Total: 5,598.49
V00331 FEDERAL EXPRESS 8010125000-6625/505825-6625 936702401 117052788/ .COPE PD 0.00 25.78
V00331 FEDERAL EXPRESS 8010125000-6625/505825-6625 936702401 117052788/1Uabk PD 0.00 25.78
V00331 FEDERAL EX RESS 8010125000-6625/505825-6625 938282815 117052788/KATY R PD 0.00 17.79
V00331 FEDERAL EXPRESS 8010125000-6625/505825-6625 937509040 117052788/ .OJIE PD 0.00 58.64
V00331 FECAL FSS 8010125000-6625/505825-6625 937509040 117052788/J.1110PD 0.00 17.79
V00331 FEDERAL EX RESS 8010110000-6521 937509040 117052788/DIV AC PD 0.00 23.60
V00331 FOAL EXPRESS 8010110000-6521 937509040 117052788/K.BURNPD 0.00 19.88
V00331 FEDERAL EXPRESS 8010125000-6625/505825-6625 938282815 117052788/A.C7PE PD 0.00 58.64
PEIDd: 0.00
Paid: 247.90
Total: 247.90
City of Azusa HP 9000 11/25/09 OPEN H OLD DB LISTING By 1/Entity Nacre Page 3
WED, NW 25, 2009, 12:52 FM ---req: ROSE leg: GL JL---loc: BI-TF]}I---job: 707282 #J1158---pgm CH400 <1.34> rpt id: OHFLTR02
SEM FUND Cedes: 80-82 ; Check Issue Utes: 110109-111509
PE IU PE Nacre ACCOUNT N[I / JOB NNIBER Invoice NLi±er Description St Disc. Ant. Dist. Ant.
V03126 LINOCIMATIONAL 8000000000-3010 .62
V03126 LIlLN NA'IICNAL 8000000000-3010 23255/0901022 PY#22/09 PD 0.00 360901022 PY#2209 PD 0.00 5.00
PEE) Nil
0.00
PPaaiid: 433.62
Total: 433.62
V01582 NEXIEL CUM= 8010110000-6915 635925025088 635925025088/CEL PD 0.00 21.15
PEIDd: 0.00
Paid: 21.15
Total: 21.15
V01440 OVERLAND PACIFIC 8010125000-6399/505900-6399 0909292 REUXN SVC-FCWLE PD 0.00 762.50
PE1Ud: 0.00
Paid: 762.50
Total: 762.50
V04138 RELIASIAR LIFE I 8000000000-3054 2410/0901022 PY=22/09 PD 0.00 1.97
V04138 RELIA.SI'AR LIPB 18000000000-3053 2215/0901022 PY=22/09 PD 0.00 2.62
PE1Dd: 0.00
�d: 4.59
Total: 4.59
V10053 S- D INS[JRAN 8000000000-3044 1221/0901022 PY#22/09 PD 0.00 132.59
PEE) Ur .id: 0.00
Paid: 132.59
Total: 132.59
V00876 WASHMUICIT MJIU" 8000000000-3010 1330/0901022 PY422/09 PL) 0.00 13.92
V00876 WAS1RLMTMURA 8000000000-3010 23350901022 32.59
V00876 MUIU 8000000000-3010 2330/0901022 PY422/09 PD09 0.00 0.00 182.80
PEI!) Uru id: 0.00
Paid: 229.31
Total : 229.31
City of Azusa HP 9000 11/25/09 OPEN HOLD DB LISTING By /Entity Narre Page 4
WED, NUJ 25, 2009, 12:52 FM ---rte: ROSE leg: GL 0L---lox: BI-1ECH---job: 707282 #J1158---p n: C -1400 <1.34> rpt id: OHFIJIR02
SECT FUND Cis: 80-82 ; check Issue Dates: 110109-111509
PE ID PE Narre ACt.M1T NUMBER / JOB NUMBER Invoice Number Inscription St Disc. Amt.. Dist. Amt
--- ---- --- - -------GRAND TOTALd: 0.00
d: 27,597.85
Total: 27,597.85
ORDINANCE NO. ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE
RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION
WITH CODE ENFORCEMENT ACTIVITIES
WHEREAS, the City of Azusa ("City") is authorized by California Constitution, Article
XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the lack of compliance with the Azusa Municipal Code by reluctant
property owners within the City continues to persist as a problem for the City; and
WHEREAS, with increasing population, the demands on the City to enforce its codes
continues to grow and the City continually devotes significant personnel hours to code
enforcement efforts; and
WHEREAS, code enforcement is complex and,therefore, there is a need for many tools,
including cost recovery tools, to help and maintain effective, efficient, and responsive
enforcement of the City's codes; and
WHEREAS, recovery of attorney's fees from code violators, where appropriate, will
enable the City to replenish resources needed to meet the increasing demands on code
enforcement; and
WHEREAS, California Government Code Section 38773.5 authorizes the City to enact
an ordinance providing for the recovery of attorneys' fees in any action or proceeding to abate a
nuisance, provided that, among other things, such ordinance allows for the recovery of attorneys'
fees by the prevailing party in such action or proceeding, not just the City; and such attorneys'
fees may not exceed the reasonable attorneys' fees incurred by the City in the action or
proceeding; and
WHEREAS, the City intends for this ordinance to apply to all new and existing judicial
actions, administrative proceedings,and special proceedings as provided by this ordinance.
WHEREAS, all other prerequisites to the adoption of this Ordinance have properly taken
place.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the Recitals of this
Ordinance are true and correct and are hereby incorporated into this Ordinance as though fully
set forth herein.
SECTION 2. New Section 1-35_ is hereby added to Chapter 1 of the Azusa Municipal
Code to read as follows:
"Sec. 1-35 Recovery of Attorneys' Fees
(a) Recovery Authorized. Any violation of this Municipal
Code is hereby determined to constitute a public nuisance. The
prevailing party in any judicial action, administrative proceeding,
or special proceeding to abate a nuisance may recover its incurred
attorneys' fees, provided that the City elected, at the initiation of
such individual action or proceeding, to recover its own attorneys'
fees. In no judicial action or administrative proceeding shall an
award of attorneys' fees to a prevailing party exceed the amount of
reasonable attorneys' fees incurred by the City in the judicial
action or administrative proceeding. A judicial action includes, but
is not limited to, any civil or criminal action, inspection or
abatement warrant, administrative proceeding, or appeal from an
administrative proceeding. Any recovery of attorneys' fees for
abatement of a nuisance shall be in accordance with this section."
SECTION 3. Section 14-425 of Article XIV of Chapter 14 of the Azusa Municipal Code
is hereby deleted in its entirety and restated to read as follows:
"Section 14-425. Additional Actions.
(a) Nothing in this article shall be deemed to prevent the city
council from ordering the city attorney to commence any
appropriate civil action to abate a nuisance in addition to, as an
alternative to, or in conjunction with the proceedings set forth in
this article; nor shall anything in this article be deemed to prevent
the city from commencing a criminal or other action with respect
to the nuisance in addition to, alternative to, or in conjunction with
the proceedings set forth in this article.
(b) If the city council orders the city attorney to commence any
appropriate action to abate a nuisance, the city may recover its
costs and attorney's fees as part of the judgment which may be
recorded as an assessment against the property and constitute a lien
thereon. This section grants specific authority to any court of
competent jurisdiction to grant an award of costs pursuant to law,
and award attorneys' fees pursuant to Section 1-35 of this code.
Failure of a court to award attorneys' fees as part of a judgment
does not preclude the city from assessing costs against the property
pursuant to procedures set forth in this article."
SECTION 4. If any section, subsection, sentence, clause, phase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 5. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in.
physical change to the environment, directly or indirectly.
SECTION 6. This Ordinance shall become effective thirty(30) days after its adoption.
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and shall cause
the same to be posted as required by law.
PASSED,APPROVED,AND ADOPTED this day of 2009.
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk