HomeMy WebLinkAboutAgenda Packet - July 7, 2009 - CC -- -e„
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AGENDA
REGULAR MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM TUESDAY,JULY 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
1. Presentation of Certificates of Recognition to Kids Come First Golf Tournament Sponsors as follows: Vulcan
Materials,Athens Services,Jan's Towing,Tierra West Advisors,Rich Development Co.,Waste Management,
Canyon City BBQ, Veolia Environmental Services, and Best Best& Krieger.
CLOSED SESSION
07/07/09 - 1 -
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. Address: 246 N. Azusa Avenue
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency/Jakes Hotdogs and
Sausages/EDLP (Tenants)
2. PUBLIC EMPLOYMENT (Gov. Code Sec. 54957)
Title: Utilities Director
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION(Gov.Code Sec.ail. One case.
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. -REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag
3. Invocation— Bishop Timothy Bradbury Monzello of the Church of Jesus Christ of Latter-Day Saints
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time,subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty(60) minutes time.)
B. REPORTS, UPDATES,AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending
September 30,2009, for the following:
3 positions Architectural Barriers Commission
1 position Cultural and Historical Preservation Commission
2 positions Human Relations Commission
1 position Library Commission
1 position Personnel Board
2 positions Planning Commission
Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill
Boulevard,City Library,729 N.Dalton Avenue,Light&Water Department,729 N.Azusa Avenue,Police
07/07/09 -2 -
Department, 725 N. Alameda,Azusa,and at: www.ci.azusa.ca.us, for interested residents.Applications
will be accepted through August 27,2009. For further information please call: (626) 812-5271.
2. Discussion regarding consideration of canceling City Council meetings in August.
3. Mayor Rocha- a. Request for proclamation for Sgt.Patrick Flanery,for 35 years of service as a soldier;to
be presented July 18. b. Request for a proclamation for the Loraine Center, at New Harvest Church, for
their 15th anniversary, to be presented July 26.
C. SCHEDULED ITEMS
1. PUBLIC HEARING—SCHEDULE OF FEES AND CHARGES.
RECOMMENDED ACTION:
Open Public Hearing;receive testimony,close Hearing. Formally ratify adoption of the City's Schedule of
Fees and Charges by adopting Resolution No. 09-053, establishing a User Fee Schedule for Various
Municipal Activities and Resolution No. 09-054, establishing certain Development Project Fees and
Service Charges
2 PUBLIC HEARING — APPEAL OF MINOR USE PERMIT MUP 2008-18 PLANNING
COMMISSION DENIAL OF A MINOR USE PERMIT APPLICATION TO ALLOW THE
OPERATION OF A LARGE FAMILY DAY CARE HOME PROVIDING CARE FOR UP TO 14
CHILDREN
RECOMMENDED ACTION:
Open the Public Hearing;receive testimony,close the Hearing. The Planning Commission denied Minor
Use Permit 2008-18.
3. PUBLIC HEARING — TO CONSIDER AN ORDINANCE GRANTING ELECTRICAL
DISTRIBUTION FRANCHISE TO THE SOUTHERN CALIFORNIA EDISON COMPANY
RECOMMENDED ACTION:
Open public hearing;receive testimony on ordinance to grant Southern California Edison a franchise in the
City of Azusa, close public hearing and conduct first reading by title only of following Ordinance:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,GRANTING TO
SOUTHERN CALIFORNIA EDISON COMPANY,ITS SUCCESSORS AND ASSIGNS,A FRANCHISE
TO USE AND TO CONSTRUCT AND USE,POLES,WIRES,CONDUITS AND APPURTENANCES,
INCLUDING COMMUNICATION CONDUITS AND CIRCUITS NECESSARY OR PROPER
THEREFORE,IN,ALONG,ACROSS,UPON,OVER AND UNDER THE PUBLIC STREETS,WAYS,
ALLEYS AND PLACES, AS THEY MAY NOW OR HEREAFTER EXIST, WITHIN THE CITY OF
AZUSA.
4. PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY
(MTA)CONGESTION MANAGEMENT PROGRAM(CMP)LOCAL DEVELOPMENT REPORT
07/07/09 - 3 -
RECOMMENDED ACTION:
Open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt
Resolution No. 09-055, adopting the 2009 Local Development Report and self-certification.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 15,2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules
and applicable Memorandum of Understanding(s).
3. CITY TREASURER'S REPORT AS OF MAY 31,2009.
RECOMMENDED ACTION:
Receive and file the Report.
4. ADOPTION OF A RESOLUTION FOR THE POLICE DEPARTMENT TO ENTER INTO A
STANDARD AGREEMENT CONTRACT ACCEPTING A GRANT AWARD FROM THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL.
RECOMMENDED ACTION:
Adopt Resolution No.09-056,authorizing the Chief of Police to enter into the Standard Agreement contract
with the Department of Alcoholic Beverage Control(ABC)accepting$27,251 from the Grant Assistance to
Local Law Enforcement Agencies Project.
5. ADOPTION OF A RESOLUTION APPROVING A DISTRIBUTION POLICY FOR TICKETS IN
THE FURTHERANCE OF THE CITY'S REASONABLY DEFINED PUBLIC PURPOSES.
RECOMMENDED ACTION:
07/07/09 -4 -
Adopt Resolution No. 09-057, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,ADOPTING A
DISTRIBUTION POLICY FOR TICKETS IN THE FURTHERANCE OF THE CITY'S REASONABLY
DEFINED PUBLIC PURPOSES.
6. APPROVE EXECUTION OF AGREEMENT FOR THE CITY OF AZUSA TO ENTER INTO
CONTRACT SERVICES WITH ALL CITY MANAGEMENT CROSSING GUARD SERVICES
(ACMS)
RECOMMENDED ACTION:
Approve the agreement between the City and ACMS for crossing guard services.
7. APPROVE EXECUTION OF AGREEMENT FOR THE POLICE DEPARTMENT TO ENTER
INTO CONTRACT SERVICES WITH N2VEINS.
RECOMMENDED ACTION:
Approve the attached professional services agreement between the City and N2Veins for mobile blood
collection for investigative purposes.
8. AWARD OF CONTRACT TO MORRISON HEALTH CARE,INC.FOR ON SITE COOKING FOR
SENIOR NUTRITION PROGRAM.
RECOMMENDED ACTION:
Accept the bid by Morrison Health Care, Inc. for on site cooking for the Senior Nutrition Program and
award the contract respectively.
9. NOVELL SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AND LICENSING.
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with the Azusa Municipal Code Section 2-523 section B,computer
software maintenance services and approve the software maintenance support and licensing from CDW-G,
in the amount of$18,750.
10. SIRSI LIBRARY COMPUTER SOFTWARE ANNUAL MAINTENANCE AGREEMENT.
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer
07/07/09 - 5 -
software maintenance services and 2-523 section C,no competitive market,and approve the annual software
maintenance and support agreement from SIRSI corporation, in the amount of$24,802.59.
11. MATRIX SOFTWARE ANNUAL MAINTENANCE AND SUPPORT AGREEMENT.
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with the Azusa Municipal Code Section 2-523 section B,computer
software maintenance services and 2-523 section C, no competitive market, and approve the software
maintenance and support contract from Matrix Imaging , in the amount of$12,929.00.
12. MOTOROLA MOBILE COMPUTER DISPLAY SOFTWARE MAINTENANCE AGREEMENT.
RECOMMENDED ACTION:
Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer
software maintenance services and 2-523 section C, no competitive market and approve the software
maintenance and support agreement from Motorola Inc, in the amount of$22,840.00.
13. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-058.
E. JOINT CITY AND AGENCY ITEM.
1. REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY.
RECOMMENDED ACTION:
City Council/Agency Members approve Resolutions authorizing an advance of$1,550,085 from the
City's General Fund to the Redevelopment Agency, and authorize execution of the Note.
Adopt Resolution No. 09-R36, (Agency) Requesting Loans from the City of Azusa for Purposes of the
Merged Redevelopment Project Area.
Adopt Resolution No.09-059,(City)Authorizing Loans for Purposes of the Merged Redevelopment Project
Area.
F. AGENCY SCHEDULED ITEMS
1. PURCHASE AGREEMENT FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED
AT 830 N. AZUSA AVENUE
RECOMMENDED ACTION:
07/07/09 - 6 -
Adopt a Resolution No. 09-R37, approving the Purchase and Sale Agreement for the acquisition of the
property located at 830 N.Azusa Avenue,commonly known as Los Angeles County Assessor's Parcel No.
8608-025-013.
G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 15, 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF MAY 31,2009.
RECOMMENDED ACTION:
Receive and file the Report.
3. MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE
FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING FUND (20% SET ASIDE)
RECOMMENDATION
Adopt Resolution No.09-R38, making a finding that the planning and administrative expenses to be funded
from the low-to-moderate income housing fund in fiscal year 2009/10 are necessary for the production,
improvement or preservation of the community's supply of low and moderate income housing.
4. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-R39.
H. ADJOURNMENT
1. Adjourn in memory of Gloria Ortiz and Lino Sausedo Salse.
07/07/09 - 7 -
UPCOMING MEETINGS:
July 20, 2009,City Council Meeting—6:30 p.m. (Auditorium)
July 27, 2009, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room)
July 30, 2009, City Hall on the Move—7:00 p.m. in conjunction with Concerts in the Park(Memorial Park)
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by
members of the public at the following locations: Azusa City Clerk's Office-213 E.Foothill Boulevard,Azusa
City Library- 729 N.Dalton Avenue,and Azusa Police Department Lobby- 725 N.Alameda,Azusa,California.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city
meeting,please contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting
when special services are needed will assist staff in assuring that reasonable arrangements can be made to
provide access to the meeting.
07/07/09 - 8 -
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PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ALAN KREIMEIER,DIRECTOR OF ADMINISTRATIVE SERVICES/CFO
VIA: F. M. DELACH, CITY MANAGER ,V.9
DATE: JULY 07, 2009
SUBJECT: RESOLUTION ADOPTING 2009/10 FISCAL YEAR SCHEDULE OF FEES AND
CHARGES
RECOMMENDATION
It is recommended that the City Council formally ratify adoption of the City's Schedule of Fees and
Charges by approving the attached Resolutions.
BACKGROUND
Each year the City Council is requested to consider and approve updates and revisions of the City's
fees charges for costs "reasonably borne". The fee schedule has been circulated for departmental
review as part of the annual budget process. The attached resolution enacts the"User Fee Schedule
for Various Municipal Activities and Services". A separate resolution is required to formally enact
"Development Project Fees and Service Charges". Under law it is necessary to first consider the
Development Project Fees at a Public Hearing. This hearing has been noticed and scheduled for
tonight to coincide with consideration of this resolution.
FISCAL IMPACT
Where applicable the Fees & Charges Schedule reflects the increase in the consumer price index
from April 2008 to April 2009 for the Los Angeles Metro Area as reported by the Federal Bureau of
Labor Statistics. As the consumer price index has been essentially flat during the relevant period,
most fees have remained at the last year's level.
Attachments:
1. Resolution of Adoption; User Fee Schedule for Various Municipal Activities and Services.
2. Resolution of Adoption; Development Fees and Service Charges
3. Proposed Schedule of Fees and Charges FY 2009-2010
RESOLUTION NO.09-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA,ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES
AND SERVICE CHARGES
WHEREAS,Chapter 8(commencing with section 66016)of Division 1 of Title 7 of the
California Government Code establishes a procedure for adopting fees or service charges for
development projects;and
WHEREAS,the City Council of the City of Azusa has determined that the cost of providing
certain facilities or services is not of general benefit,but of special benefit to the applicant seeking to
process a development application;and
WHEREAS,the City Council has further determined that developer contribution in the form
of development impact fees is necessary to offset the impact of future development on already-
established community facilities and services and to maintain the current levels of services for these
public facilities;and
WHEREAS,the City is authorized to impose fees which will cover but do not exceed the
estimated reasonable cost of providing the service or facility for which the fee is imposed;and
WHEREAS,current fees charged for community development services or facilities do not
fully recover the actual cost of providing the such services;and
WHEREAS,Government Code sections 66016 and 66018 provide that the City may adopt
new fees or increase existing fees after providing notice and holding a public hearing;and
WHEREAS,notice of a public hearing on the establishment of new and increase fees was
published in accordance with provisions of section 6062a of the California Government code;
WHEREAS,notice of public hearing was mailed to all interested parties who filed a written
request for a mailed notice with the City;
WHEREAS,on July 7,2009,at the time and place specified in the published and mailed
notices, the City Council held a public hearing as required by law to allow oral or written
presentations prior to levying new fees or service charges and prior to approving an increase in
existing fees or service charges;and
WHEREAS,at least ten(10)days prior to the commencement of the hearing,there was
made available to the public a report containing the cost,or estimated cost,of providing the service
for which the fee or service charge will be levied,and the revenue sources for providing such
services;and
WHEREAS,based upon evidence provided,the City Council hereby determines that the fees
set forth in the Schedule of Fees and Charges for Fiscal Year 2009/2010 attached hereto and
incorporated herein by reference will not exceed the estimated reasonable cost of providing the
community development services and facilities for which the fee is charged;and
WHEREAS, the proposed fees are statutorily and categorically exempt from the
requirements of the California Environmental Quality Act since citing these fees fits within the
statutory exemptions for local agency decisions involving the adoption and collection of rates,tolls
and other charges,pursuant to Public Resources Code Section 21080(bx8)and Section 15273 of the
California Environmental Quality Act Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA,DOES FIND AND DECLARE THAT:
SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fee schedule
for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2009/2010 attached
hereto and incorporated herein by reference.
SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth
herein.
SECTION 3. Effective Date. This resolution shall become effective sixty(60)days from its
adoption.
PASSED,APPROVED AND ADOPTED ON July 7,2009.
Joseph R. Rocha, Mayor
I HEREBY CERTIFFY that the foregoing Resolution No. 08-C60, was duly adopted at a
regular meeting of said City Council on the 7th day of July 2009, by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk
RESOLUTION NO. 09-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS
MUNICPAL ACTIVITIES AND SERVICES
WHEREAS,the City of Azusa is empowered to impose reasonable service fees for a variety
municipal benefits and services;and
WHEREAS,the City Council of the City of Azusa has determined that the users of these
services should be charged fees to cover the City's expenses for providing these services; and
WHEREAS,the City Council has determined that it is necessary to adopt a Schedule of Fees
and Charges which sets forth charges for these services; and
WHEREAS, it is the intention of the City Council that the fees set forth herein shall cover,
but not exceed,the estimated reasonable cost of providing the service for which the fee is charged,
except for such fees that may legally generate revenue; and
WHEREAS,based upon evidence provided,the City Council hereby determines that the fees
cover,but do not exceed,the reasonable cost of providing the services for which the fee is charged;
and
WHEREAS,the schedule of Fees and Charges is statutorily and categorically exempt from
the requirements of the California Environmental Quality Act since citing these fees fit within the
statutory exemptions for local agency decisions involving the adoption and collection of rates,tolls
and other charges,pursuant to Public Resources Code Section 21080(b)(8)and Section 15273 of the
California Environmental Quality Act Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA,DOES FIND AND DECLARE THAT:
SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fees schedule
for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2009/2010 attached
hereto and incorporated herein by reference.
SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth
herein.
SECTION 3. Effective Date. This resolution shall become effective upon its adoption.
PASSED,APPROVED AND ADOPTED ON July 07, 2009.
Joseph R. Rocha, Mayor
I HEREBY CERTIFFY that the foregoing Resolution No. 09-XXX,was duly adopted at a
regular meeting of said City Council on the 7th day of July 2009, by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk
CITY OF AZUSA
PROPOSED
SCHEDULE OF FEES AND CHARGES
Fiscal Year 2009 -2010
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City of Azusa
Schedule of Fees and Charges(Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC&COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F.Avg. S.F.Avg.
S-1 BUILDING VALUATION
APARTMENT HOUSES:
Type I or II F.R. $104.85 $104.85
Good $129.08 $129.08
Type V-Masonry
(or Type III) $85.58 $85.58
Good $104.85 $104.85
Type V-Wood Frame $75.42 $75.42
Good $96.93 $96.93
Type I-Basement Garage $44.21 $44.21
AUDITORIUMS:
Type I or II F.R. $123.88 $123.88
Type II-1 hour $89.72 $89.72
Type II-N $84.87 $84.87
Type III-1 hour $94.33 $94.33
Type III-N $89.48 $89.48
Type V-1 hour $90.19 $90.19
Type V-N $84.16 $84.16
BANKS:
Type I or II F.R. $175.06 $175.06
Type II-1 hour $128.96 $128.96
Type II-N $124.83 $124.83
Type III-1 hour $142.32 $142.32
Type III-N $137.24 $137.24
Type V-1 hour $128.96 $128.96
Type V-N $123.53 $123.53
BOWLING ALLEYS:
Type II-1 hour $60.29 $60.29
Type II-N $56.27 $56.27
Type III-1 hour $65.60 $65.60
Type III-N $61.35 $61.35
Type V-1 hour $44.21 $44.21
CHURCHES:
Type l or II F.R. $117.26 $117.26
Type II-1 hour $88.06 $88.06
Type II-N $83.69 $83.69
Type III-1 hour $95.75 $95.75
Type III-N $91.49 $91.49
Type V-1 hour $89.48 $89.48
Type V-N $84.16 $84.16
CONVALESCENT HOSPITALS:
Type I or II F.R. $164.54 $164.54
Type II-1 hour $114.19 $114.19
Type III-1 hour $117.02 $117.02
Type V-1 hour $110.29 $110.29
Page 2 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit- 1
ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
DWELLINGS:
Type V- Masonry $89.48 $89.48
Good $114.54 $114.54
Type V-Wood Frame $79.55 $79.55
Good $109.23 $109.23
Basements -
Semi-Finished $23.76 $23.76
Good $27.42 $27.42
Unfinished $17.26 $17.26
Good $20.92 $20.92
FIRE STATION:
Type I or II F.R. $135.23 $135.23
Type II - 1 hour $89.01 $89.01
Type II - N $83.93 $83.93
Type III - 1 hour $97.40 $97.40
Type III - N $93.26 $93.26
Type V- 1 hour $91.37 $91.37
Type V- N $86.65 $86.65
HOMES FOR THE ELDERLY:
Type I or II F.R. $122.58 $122.58
Type II - 1 hour $99.53 $99.53
Type II - N $95.27 $95.27
Type III - 1 hour $103.67 $103.67
Type III - N $99.41 $99.41
Type V- 1 hour $100.12 $100.12
Type V- N $96.69 $96.69
HOSPITALS:
Type I or II F.R. $192.91 $192.91
Type III - 1 hour $159.70 $159.70
Type V- 1 hour $152.37 $152.37
HOTELS AND MOTELS:
Type I or II F.R. $119.39 $119.39
Type III - 1 hour $103.43 $103.43
Type III - N $98.58 $98.58
Type V- 1 hour $90.07 $90.07
Type V- N $88.30 $88.30
INDUSTRIAL PLANTS:
Type I or II F.R. $67.26 $67.26
Type II - 1 hour $46.81 $46.81
Type II - N $43.03 $43.03
Type III - 1 hour $51.54 $51.54
Type III - N $48.58 $48.58
Tilt-up $35.46 $35.46
Type V- 1 hour $48.58 $48.58
Type V- N $44.45 $44.45
Page 3 of 43
City of Azusa
Schedule of Fees and Charges(Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
JAILS:
Type I or II F.R. $188.07 $188.07
Type III - 1 hour $171.99 $171.99
Type V- 1 hour $128.96 $128.96
LIBRARIES:
Type I or II F.R. $137.59 $137.59
Type II - 1 hour $100.71 $100.71
Type II - N $95.75 $95.75
Type III - 1 hour $106.39 $106.39
Type III - N $101.07 $101.07
Type V- 1 hour $99.88 $99.88
Type V- N $95.75 $95.75
MEDICAL OFFICES:
Type I or tl F.R. $141.26 $141.26
Type II - 1 hour $108.99 $108.99
Type II - N $103.55 $103.55
Type III - 1 hour $118.21 $118.21
Type III - N $110.05 $110.05
Type V- 1 hour $106.62 $106.62
Type V- N $102.84 $102.84
OFFICES
Type I or II F.R. $126.24 $126.24
Type II - 1 hour $84.52 $84.52
Type II - N $80.50 $80.50
Type III - 1 hour $91.26 $91.26
Type III - N $87.24 $87.24
Type V- 1 hour $85.46 $85.46
Type V- N $80.50 $80.50
PRIVATE GARAGES:
Wood Frame $28.72 $28.72
Masonry $32.39 $32.39
Open Carports $19.62 $19.62
PUBLIC BUILDINGS:
Type I or II F.R. $145.87 $145.87
Type II - 1 hour $118.21 $118.21
Type II - N $113.01 $113.01
Type III - 1 hour $122.70 $122.70
Type III - N $118.44 $118.44
Type V- 1 hour $112.30 $112.30
Type V- N $108.28 $108.28
Page 4 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit - 1
ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
PUBLIC GARAGES:
Type I or II F.R. $57.80 $57.80
Type I or II Open Parking $43.38 $43.38
Type II - N $33.10 $33.10
Type III - 1 hour $43.74 $43.74
Type III - N $38.89 $38.89
Type V- 1 hour $39.84 $39.84
RESTAURANTS
Type Ill - 1 hour $115.13 $115.13
Type III - N $111.23 $111.23
Type V- 1 hour $105.44 $105.44
Type V- N $101.30 $101.30
SCHOOLS:
Type I or II F.R. $131.45 $131.45
Type II - 1 hour $89.72 $89.72
Type III - 1 hour $95.98 $95.98
Type III - N $92.32 $92.32
Type V- 1 hour $89.95 $89.95
Type V- N $85.82 $85.82
SERVICE STATIONS:
Type II - N $79.43 $79.43
Type III - 1 hour $82.86 $82.86
Type V- 1 hour $70.57 $70.57
Canopies $33.10 $33.10
STORES:
Type I or II F.R. $97.40 $97.40
Type II - 1 hour $59.58 $59.58
Type II - N $58.28 $58.28
Type III - 1 hour $72.46 $72.46
Type III - N $67.97 $67.97
Type V- 1 hour $60.99 $60.99
Type V- N $56.38 $56.38
TOWN HOMES
Type V- Masonry $102.38 $102.38
Type V-Wood Frame $97.63 $97.63
Garage-Wood Frame $39.84 $39.84
Garage- Masonry $44.21 $44.21
THEATERS:
Type I or II F.R. $129.79 $129.79
Type III - 1 hour $94.56 $94.56
Type III - N $90.07 $90.07
Type V- 1 hour $89.01 $89.01
Type V- N $84.16 $84.16
Page 5 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
WAREHOUSES
Type I or II F.R. $58.39 $58.39
Type I or V- 1 hour $34.63 $34.63
Type I or V- N $32.51 $32.51
Type III - 1 hour $39.24 $39.24
Type III - N $37.35 $37.35
EQUIPMENT:
AIR CONDITIONING
Commercial $4.96 $4.96
Residential $4.14 $4.14
SPRINKLER SYSTEMS $3.07 $3.07
OTHER VALUATIONS
REROOF
Asphalt and Comp- per square foot of material $190.19 $190.19
Built-up - per square foot of material $201.38 $201.38
Light-weight tile- per square foot of material $520.23 $520.23
Concrete Tile or Slate Tile - per square foot of material $626.51 $626.51
Metal Shingles - per square foot of material $396.04 $396.04
Wood Shake - per square foot of material $240.54 $240.54
Wood Shingle- per square foot of material $231.59 $231.59
Rolled Roofing - minimum 300 sq.ft. allowed on patio covers only $1,118.77 $1,118.77
Tear off and re-sheath - per square foot of material $111.88 $111.88
TENANT IMPROVEMENTS
General Commercial $29.09 $29.09
Restaurants $33.56 $33.56
Medical Offices $34.68 $34.68
RETAINING WALLS-Concrete Block
6" $8.68 $8.68
8" $9.61 $9.61
12" $11.77 $11.77
MASONRY FIREPLACE-Minimum Valuation $3,546.50 $3,546.50
FOUNDATION PERMITS - based on 1/3 the overall valuation of the bldg
These figures shall be used when the applicant does not have a valuation, or
if the valuation given is obviously low.
FACTORY BUILT FIREPLACE- Minimum Valuation $1,182.54 $1,182.54
Page 6 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC&COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F.Avg. S.F. Avg.
SIGNS
1 SIDE
Painted $45.87 $45.87
Electrical $88.38 $88.38
2 SIDES
Painted $53.70 $53.70
Electrical $111.88 $111.88
POLE/Lineal Foot plus square foot of sign:
3" 0 $38.04 $38.04
4" 0 $53.70 $53.70
6" 0 $69.36 $69.36
8" 0 $86.15 $86.15
10" 0 $101.81 $101.81
12" 0 $116.35 $116.35
SWIMMING POOLS
Valuation based on actual construction cost. Permit fees same as Building Permits.
Minimum Valuation: $14,767.77 $14,767.77
SPAS
Minimum Valuation
Prefabricated $2,953.55 $2,953.55
Gunite $5,929.48 $5,929.48
SURCHARGE FEES
Optical Records System - Per Permit $12 $12
General Plan Maintenance- 10% permit surcharge to recover 50% of costs Variable Variable
Permit Automation Fee $24 $24
Page 7 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F.Avg.
S-2 BUILDING PERMIT FEES
Permit Issuance $73 $73
TOTAL VALUATION
$1.00 to$500.00 $27.78 $27.78
$ 501.00 to $2,000.00 $27.78 $27.78
For the 1st$500.00 plus$3.33 for ea. additional $100.00,
or fraction thereof, to and including $2,000.00
$2,001.00 to$25,000.00 $81.86 $81.86
For the 1st$2,000.00 plus $15.28 for ea. additional $1,000.00,
or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00 $462.48 $462.48
For the 1st$25,000.00 plus$11.02 for ea. additional $1,000.00,
or fraction thereof, to and including $50,000.00
$50,001.00 to$100,000.00 $760.95 $760.95
For the 1st$50,000.00 plus$7.64 for ea. additional$1,000.00,
or fraction thereof, to and including $100,000.00
$100,001.00 to $ 500,000.00 $1,174.67 $1,174.67
For the 1st$100,000.00 plus$6.11 for ea. additional $1,000.00,
or fraction thereof, to and including $500,000.00
$500,001.00 to$1,000,000.00 $3,822.49 $3,822.49
For the 1st$500,000.00 plus$5.18 for ea. additional$1,000.00,
or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up $6,629.89 $6,629.89
For the 1st$1,000,000.00 plus$3.44 for ea. additional $1,000.00,
or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours (per hour') I $55.56 $55.56
(minimum charge-two hours)
2. Reinspection fees accessed under provisions of Section 305.8 (per hour') $55.56 $55.56
3. Inspections for which no fee is specifically indicated (per hour') $55.56 $55.56
(minimum charge -one-half hour)
4. Additional plan review required by changes, additions or revisions to plans I $55.56 $55.56
(per hour') (minimum charge -one-half hour)
5. For use of outside consultants for plan checking and inspections, or both I Actual costs2 Actual costs2
Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include
supervision,overhead,equipment,hourly wages and fringe benefits of the employee involved.
2Actual costs include administrative and overhead costs.
Page 8 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC&COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F.Avg.
S-3 ELECTRICAL PERMIT FEES
Area Fee Rate- Single Family Dwellings (Rate x area/sq ft) $0.0880 $0.0880
Unit Fee Schedule (note: does not include Permit Issuance Fee)
Receptacle, Switch and Lighting, or other.
For receptacle, switch lighting, smoke detectors, or other outlets, at which
current is used or controlled except services, feeders and meter:
First 20, each $1.33 $1.33
Additional outlets, each $0.88 $0.88
(NOTE: For multi-outlet assemblies,each 5 ft.or fraction maybe considered as I outlet.)
LIGHTING FIXTURES
For lighting fixtures, sockets, or other lamp holding devices:
First 20, each $1.33 $1.33
Additional fixtures, each $0.88 $0.88
For pole or platform mounted lighting fixtures, each $1.33 $1.33
For theatrical-type lighting fixtures or assemblies each $1.33 $1.33
RESIDENTIAL APPLIANCES
For fixed residential appliances or receptacle outlets for same, including wall-
mounts electric ovens, counter-mounted cooking tops, electric ranges, self-
contained room, console, or through-wall air conditioners, space heaters, food
waste grinders, dishwasher $6.21 $6.21
(NOTE:For other types of air conditioners and other motor-driven appliances having larger
electrical ratings,see Power Apparatus)
TEMPORARY POWER SERVICE
For a temporary service power pole or pedestal, including all pole or pedestal
mounted receptacle outlets and appurtenances, each $26.59 $26.59
For a temporary distribution system and temporary lighting and receptacle
outlets for construction sites, decorative lighting, Christmas tree sales lots,
firework stands, sales booths, additional pole, etc., each $12.41 $12.41
NON-RESIDENTIAL APPLIANCES
For residential appliances and self-contained, factory-wired, non-residential
appliances not exceeding one(1) horsepower(HP), kilowatt (KW), or kilovolt-
ampere (KVA) in rating, including medical and dental devices, food, beverage,
and ice cream cabinets $7.09 $7.09
Page 9 of 43
City of Azusa
Schedule of Fees and Charges(Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F.Avg. S.F.Avg.
POWER APPARATUS
For motors, generators, transformers, rectifiers, synchronous converters,
capacitors, industrial heating, air conditioners and heat pumps, cooking or
baking equipment, and other apparatus, as follows:
Rating in horsepower(HP), kilowatts (KW), kilovolt-amperes (KVA), or kilovolt-
amperes-reactive (KVAR)
Up to and including 1, each $7.09 $7.09
Over 1 and not over 10, each $12.41 $12.41
Over 10 and not over 50, each $31.92 $31.92
Over 50 and not over 100, each $63.83 $63.83
Over 100, each $106.38 $106.38
NOTE: 1.For equipment or appliances having more than one motor,transformer,heater,etc.,
the sum of the combined rating maybe used.
NOTE:2. These fees include all switches,circuit breakers,contractors,thermostats,relays and
other directly related control equipment.
BUSWAYS
For trolley and plug-in type busways, each 100 feet or fraction thereof $17.73 $17.73
(NOTE:An additional fee will be required for lighting fixtures,motors and other appliances that
are connected to trolley and plug-in type busways.)
SIGNS, OUTLINE LIGHTING,AND MARQUEES
For signs, outline lighting systems, or marquees supplied from one branch
circuit, each $26.59 $26.59
For additional branch circuits within the same sign outline lighting system, or
marquee, each $8.86 $8.86
SERVICES, SWITCHBOARDS, SWITCHBOARD SECTIONS, MOTOR
CONTROL CENTERS AND PANELBOARDS
For services, switchboards, switchboard sections, motor control centers and
panelboards of 600 volts or less & not over 200 amperes in rating, ea. $26.59 $26.59
For services, switchboards, switchboard sections, motor control centers and
panelboards of 600 volts or less and not over 200 amperes 1,000 amperes in
rating, each $53.20 $53.20
For services, switchboards, switchboard sections, motor control centers and
panelboards over 600 volts or over 1,000 amperes in rating, each $124.12 $124.12
MISCELLANEOUS APPARATUS, CONDUITS AND CONDUCTORS
For electrical apparatus, conduits and conductors for which a permit is
required but for which no fee is herein set forth $26.59 $26.59
(NOTE:This fee is not applicable when a fee is paid for one or more services,outlets,fixtures,
appliances,power apparatus,busways,signs or other equipment.
Page 10 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit- 1
ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
PRIVATE SWIMMING POOLS
For new private, residential, inground swimming pools for single, or multi-
family occupancies, including a complete system of necessary branch circuit
wiring, bonding, grounding underwater lighting, water pumping and other
similar electrical equipment $53.20 $53.20
For other types of swimming pools, therapeutic whirlpools, spas, hot tubs and
alterations to existing swimming pools, each $35.47 $35.47
CARNIVALS AND CIRCUSES
Carnivals, circuses and other traveling shows or exhibitions utilizing
transportable-type rides, booths, displays and attractions.
For electrical generators and electrical driven rides, each $26.59 $26.59
For mechanically driven rides and walk-through attractions or displays having
electric lighting, each $10.64 $10.64
For a system of area and booth lighting, each $10.64 $10.64
For permanently installed rides, booths, displays, and attractions $10.64 $10.64
OTHER INSPECTIONS
For inspection of electrical equipment for which no fee is herein set forth, the
fee shall be determined by the Building Official
S-4 PLUMBING FEES
Each plumbing fixture or trap or set of fixtures on one trap (including drainage,
vent, water piping and backflow prevention devices therefore) $10.64 $10.64
Each permanent type dishwasher whether individually trapped or not $10.64 $10.64
Each industrial waste pretreatment interceptor including it's trap &vent, except
kitchen type grease interceptors functioning as fixtures traps $10.64 $10.64
Each swimming pool drainage trap & receptor whether connected to a building
drain or building sewer(water supply for pool not included) $10.64 $10.64
Each gas piping system of 1 to 5 outlets or alteration or retest of existing gas
piping system $10.64 $10.64
Each additional outlet over five $2.66 $2.66
Each gas pressure regulator other than appliance regulators $3.55 $3.55
Each water heater and/or vent $10.64 $10.64
Each solar potable water heating system, including water heater/vent $35.47 $35.47
For repair or alteration of drainage and/or vent piping $10.64 $10.64
Each piece of water-treating equipment and/or water piping installed without
accompanying plumbing $10.64 $10.64
Lawn sprinkler systems on 1 meter including backflow prevention devices $10.64 $10.64
Backflow prevention devices on unprotected water supplied, pools, tanks,
vats, etc. (including incidental water piping) 1 to 5 $10.64 $10.64
Any swimming pool piping associated wit the construction, remodeling or
repair of a swimming pool, spa and hot tub $29.55 $29.55
Each additional device over five (5) $2.66 $2.66
Page 11 of 43
City of Azusa
Schedule of Fees and Charges(Fund 101-Developer Only)
2009-2010
Exhibit-1
ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F.Avg. S.F.Avg.
S-4 PLUMBING FEES
Each building drain installed without accompanying plumbing $10.64 $10.64
For connection of a house sewer to a public sewer or the extension of a house
lateral onto a lot for future use $30.14 $30.14
For each house sewer manhole $30.14 $30.14
Each installation of a section of house sewer for future use $19.50 $19.50
For the connection of each additional bldg. or work to house sewer $19.50 $19.50
For the connection of a house sewer to a private sewage disposal system $19.50 $19.50
For each private sewage disposal system (septic tank& seepage pit or pits
and/or drainfield) $62.06 $62.06
For each cesspool, overflow seepage pit, percolation test pit, swimming pool
drywell, or drainfield extension or replacement $30.14 $30.14
For disconnection, abandonment, alteration or repair of any house sewer or
private sewage disposal system or part thereof $19.50 $19.50
S-5 MECHANICAL PERMIT FEES
Installation, alteration or relocation of each refrigeration compressor or
absorption unit, & each fuel burning furnace, heater, boiler, and vented
decorative appliance including vents attached thereto:
Up to & including 100,000 BTU $17.73 $17.73
More than 100,000 BTU to & including 1,000,000 BTU $35.47 $35.47
More than 1,000,000 BTU $88.65 $88.65
For each air inlet& air outlet served by any air conditioning system $3.11 $3.11
For each 1,000 sq.ft. or fraction thereof of conditioned area $24.83 $24.83
Note:When a permit is applied for and the total number of air inlets&air outlets is unknown,the
fees shall be based on the sq.ft of conditioned area.
For the installation, relocation or replacement of each appliance vent installed
and not included in an appliance permit $8.86 $8.86
For the installation or alteration of each air handling unit for air conditioning
including ducts attached thereto:
Up to & including 2,000 CFM - Each unit up to 10 $8.86 $8.86
Each unit over 10 $2.66 $2.66
More than 2,000 CFM to and including 10,000 CFM $26.62 $26.62
More than 10,000 CFM $44.33 $44.33
Note:This fee shall not apply to an air handling unit which is a portion of a factory assembled air
conditioned appliance for which a permit is required elsewhere in this Code.
For each evaporative cooler other than portable type $14.19 $14.19
For required ventilation fans which serve a single register:
Each fan up to 10 $10.64 $10.64
Each fan over 10 $3.55 $3.55
For each required ventilation system which is not a portion of any air
conditioning system for which a permit is required elsewhere in this Code $21.28 $21.28
Page 12 of 43
City of Azusa
Schedule of Fees and Charges (Fund 101-Developer Only)
2009-2010
Exhibit- 1
ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT
BUILDING AND SAFETY
Approved Proposed
Area 2008-2009 2009-2010
Item Description Cost Per Cost Per
S.F. Avg. S.F. Avg.
S-5 MECHANICAL PERMIT FEES
For the installation or each commercial kitchen hood or spray booth served by
mechanical exhaust, including the fans and ducts attached thereto $44.33 $44.33
For the installation of each fire damper $7.09 $7.09
Alteration of existing duct system where a permit is not required elsewhere $17.73 $17.73
Note: 1)for refrigeration system rating one horsepower,one ton,or 12,000 BTU per hour shall
mean the same quantity
Note:2)for steam boilers rated in boiler horsepower, one horsepower shall equal 50,000 BTU
per hour
PLAN CHECK FEES
Building Plan Check Fee - 85% of Permit Fee -$15.00 minimum
Electric Plan Check Fee- 80% of Permit Fee-$15.00 minimum
Energy Plan Check Fee - 10% of Building Permit Fee
Mechanical Plan Check Fee - 80% of Permit Fee -$15.00 minimum
Plumbing Plan Check Fee - 80% of Permit Fee -$15.00 minimum
Page 13 of 43
City of Azusa
Schedule of Fees and Charges Developer Only
2009-2010
Exhibit 1.2
BUILDING AND SAFETY
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-045 Grading Plan Check Fee Variable Variable Variable
50% of Grading Permit Fee
S-046 Grading Inspection Variable Variable Variable
Fee is 1 1/2% of estimated construction costs
Grading Permit Fee- Based on Cubic Yards $126 $130 $130
Permit Fee for Changes to Original Permit:
$80 $83 $83
$20,001 to$50,000 $80 $83 $83
$50,001 to$75,000 $108 $112 $112
$75,001 to$100,000 $166 $171 $171
$100,001 to $200,000 $217 $224 $224
$200,000 to $500,000 $280 $289 $289
$500,001 and up $343 $354 $354
Special Site Inspection $63 $65 $65
Commercial - Minimum 2 hours $126 $130 $130
Residential - Minimum 2 hour $126 $130 $130
Residential(non-habitable space)-Min. 2 hours $120 $124 $124
Occupancy Inspection Fee:
0-1 to 15,000 sq ft-1/2 hour of technical staff time $34 $35 $35
15,000 sq.ft. on - 1 hour of technical staff time $63 $65 $65
Bonds for Sign(s) - Refundable $189 $195 $195
Demolition Permit Fee- Minimum 1 hour $74 $76 $76
Deputy Inspection Registration Fee-Deputy $34 $35 $35
Emergency Inspection Fee- Minimum 1 hours $103 $106 $106
Hearing Officer Actual Cost Actual Cost Actual Cost
Pre-Plan Check Submittal- Minimum 2 hours $131 $135 $135
Reinspection Fee-Minimum 1 hour $69 $71 $71
Room Addition Plan Check Fee-Minimum 2 hours $131 $135 $135
Trailer Coach $126 $130 $130
Trash Enclosure-$10 for additional enclosure $51 $53 $53
Relocation of Buildings:
0 to 2,000 sq.ft. $296 $306 $306
2,001 to 5,000 sq.ft. $555 $573 $573
5,001 sq.ft. and up $800 $826 $826
Page 14 of 43
City of Azusa
Schedule of Fees and Charges Developer Only
2009-2010
Exhibit 1.2
BUILDING AND SAFETY
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
Plan Checking Fee:
Staff rates assessed against deposit.
Executive Staff- per hour $114 $118 $118
Professional Staff- per hour $81 $84 $84
Technical Staff(Plan Checker/Inspector)-per hour $69 $71 $71
On-site Improvement Inspections:
$2,000 deposit required for parking lot paving and
Professional Staff- per hour $69 $71 $84
Rates applied against deposit
Technical Staff - per hour $63 $65 $71
Rates applied against deposit
Page 15 of 43
City of Azusa
Schedule of Fees and Charges -Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-001 Zoning Clearance $54 $56 $56
S-002 Minor Design Review(over the counter) $349 $360 $360
S-003 Staff Level Design Review $1,386 $1,431 $1,431
Reduced to$350 for modifications to existing structures
S-004 Major Design Review(Deposit) $6,100 (D) $6,100 (D) $6,100 (D)
S-005 Use Permit
Major UP $4,120 $4,255 $4,255
Minor UP $1,007 $1,040 $1,040
S-006 UP Modifications
Modifications to Major UP $1,865 $1,926 $1,926
Modifications to Minor UP $441 $455 $455
S-008 Minor Variance $715 $738 $738
S-009 Variance $4,245 $4,384 $4,384
$850 when Single Family Structure is involved
S-010 Zone Change $5,000 (D) $5,000 (D) $5,000 (D)
S-012 Development Agreement $8,100 (D) $8,100 (D) $8,100 (D)
Annual Monitoring $4,000 (D) $4,000 (D) $4,000 (D)
Deposit for charges at fully allocated hourly rates. All costs recovered.
S-013 General Plan Amendment $10,200 (D) $10,200 (D) $10,200 (D)
Deposit for charges at fully allocated hourly rates. All costs recovered.
S-014 Specific Plan $8,200 (D) $8,200 (D) $8,200 (D)
Deposit for charges at fully allocated hourly rates. All costs recovered.
S-015 Specific Plan Amendment $4,000 (D) $4,000 (D) $4,000 (D)
S-016 Tentative Parcel Map $1,985 $2,050 $2,050
S-017 Tentative Tract Map
5-20 lots $2,969 $3,066 $3,066
20-50 lots $3,599 $3,717 $3,717
50-100 lots $5,024 $5,189 $5,189
100+ lots $6,448 $6,660 $6,660
Page 16 of 43
City of Azusa
Schedule of Fees and Charges-Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-018 Reversion to Acreage $1,294 $1,336 $1,336
S-019 Lot Merger $486 $502 $502
S-020 Environmental Categorical Exemption Rev. $103 $106 $106
S-021 Environmental Initial Study $1,002 $1,035 $1,035
S-023 Environmental Impact Report Review $4,500 (D) $4,500 (D) $4,500 (D)
Deposit for charges at fully allocated hourly rates. All costs recovered.
S-024 Mitigation Monitoring -CEQA Monitoring $280 $289 $289
Plus $85 hourly rate when applicable
S-025 Annexation $6,300 (D) $6,300 (D) $6,300 (D)
Deposit for charges at fully allocated hourly rates.
All costs recovered.
S-026 Condominium Conversion Map $4,961 $5,124 $5,124
S-027 Minor Sign Review $57 $59 $59
S-028 Major Sign Review $464 $479 $479
S-030 Temporary Occupancy Review $407 $420 $420
S-031 Temporary Use Permit $452 $467 $467
25% discount for Azusa based non-profit organizations
S-032 Continuance Processing $527 $544 $544
S-033 Time Extension Review- Staff $355 $367 $367
S-034 Time Extension Review- Planning Commission $527 $544 $544
S-035 Appeal To Planning Commission $463 $478 $478
S-036 Appeal To City Council $703 $726 $726
S-15 Preliminary Plan Review $229 $237 $237
Nonconforming Use Time Extension $681 $703 $703
S-037 Certificate of Compliance $898 $927 $927
Page 17 of 43
City of Azusa
Schedule of Fees and Charges-Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-038 Street Name Processing W/O Map $887 $916 $916
S-039 Street Re-Name Processing $1,511 $1,561 $1,561
S-040 Building Address Processing W/O Map $309 $319 $319
S-041 Building Re-Address Processing $435 $449 $449
S-044 Special Building Inspection $206 $213 $213
5-047 Public/Private Improvement Plan Check Variable Variable Variable
2.5% of estimated construction costs
S-048 Public/Private Improvement Inspection Variable Variable Variable
2.5% of estimated construction costs
S-049 Final Parcel Maps: $1,430 $1,477 $1,477
City Fee $777 County Fee$700
S-050 Final Maps: Map Analysis for Tracts:
1 - 5 Lots
City Fee$963 County Fee$710 $1,620 $1,673 $1,673
6 - 10 Lots
City Fee$1,001 County Fee $915 $1,855 $1,916 $1,916
11 -25 Lots
City Fee$1,079 County Fee $1,350 $2,352 $2,429 $2,429
26- 50 Lots
City Fee$1,234 County Fee$2,200 $3,325 $3,434 $3,434
51 - 100 Lots
City Fee $1,434 County Fee$3,300 $4,584 $4,734 $4,734
101 - 150 Lots
City Fee$1,743 County Fee $5,000 $6,529 $6,743 $6,743
151 or more Lots
City Fee$2,035 County Fee $6,600 $8,361 $8,635 $8,635
S-051 Easement Checking for Tract Maps $543 $561 $561
City Fee$351 County$210
Easement Checking for Parcel Maps $504 $521 $521
City Fee$346 County$175
S-052 Monument Inspection each $321 $332 $332
City Fee$207 County$125
S-053 Bond Processing $143 $148 $148
City Fee$73 County$75
Page 18 of 43
City of Azusa
Schedule of Fees and Charges -Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-054 Tax Clearance Processing:
5 yr history (provided by County) $772 $797 $797
City Fee$172 County$625
S-055 Lot Line Adjustment $1,018 $1,051 $1,051
S-056 Street/ROW Abandonment Proc. $1,265 $1,307 $1,307
S-057 Sidewalk/Curb/Gutter:
Up to 75 LF $177 $183 $183
Additional 75 LF, no deposit $57 $59 $59
Driveway Approach/Street Cut:
Up to 100 SF $177 $183 $183
Additional 100 SF, no deposit $57 $59 $59
S-058 Obstruction Permit $63 $65 $65
S-059 Transportation Permits (oversized and/or overweight trucks):
Single Trip/Rider $18 $18 $18
Fee set by state
Annual Permit $98 $98 $98
Fee set by state
S-060 House Moving Permit $224 $231 $231
S-061 Sewer Saddle $235 $243 $243
Sewer Dye Test See Exhibit 7 - Utility
Sewer Blockage Check See Exhibit 7 - Utility
S-062 Blueprint/Map Copy Service, per sheet $18 $19 $19
S-063 Real Property Records Report
Condominium/Townhouses $29 $30 $30
Vacant/Unimproved Land $138 $143 $143
Single Family Dwellings $138 $143 $143
Multi-Family Dwelling -per parcel (plus$8 for add'I unit) $138 $143 $143
Commercial Properties $138 $143 $143
S-064 Residential Rental Housing Registration and Inspection:
Per parcel - includes first unit (plus $8 for add'I unit) $52 $54 $54
S-065 Lien Release $63 $65 $65
Page 19 of 43
City of Azusa
Schedule of Fees and Charges - Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-066 Admin. Hearing Appeal $195 $201 $201
City Fee$176 Court$25
Project Plans/Specifications- Plus $10 if mailed $46 $48 $48
S-3.1 Block Wall Permit
Verification of Conditions:
County $167 $172 $172
City $143 $148 $148
Agreement and/or Improvement Security, each $189 $195 $195
Extension Time for Improvement Agreement, each $258 $266 $266
Fourth Submittal Originals/Prints $355 $367 $367
Sixth Submittal or Originals/Prints $1,247 $1,288 $1,288
Eighth and each subsequent submittal of originals/prints $1,487 $1,536 $1,536
Minor Land Divisions:
Lot Split $527 $544 $544
Recording Fee:
First Sheet $7 $7 $7
Additional sheets, each $2 $2 $2
LDMA Surcharge (County maps only):
Tract Map $355 $367 $367
Parcel Map $120 $124 $124
Overtime:
Tract Map $1,190 $1,229 $1,229
Parcel Map $830 $857 $857
S-6.3 Staff Rates:
Director of Public Works -per hour $139 $160 $160
City Engineer- per hour $121 $140 $140
Principal City Engineer-per hour N/A $120 $120
Assistant City Engineer- per hour $104 $107 $107
Associate City Engineer-per hour $94 $97 $97
Public Works Inspector-per hour $84 $87 $87
Consultant(Invoice+ 36% Overhead) Variable Variable Variable
S-6.5 Code Compliance Fee $34 $35 $35
S-7 Landscape Design Standards (Over the Counter Sales) $6 $6 $6
Page 20 of 43
City of Azusa
Schedule of Fees and Charges-Developer Only
2009-2010
Exhibit 2
PLANNING AND ENGINEERING
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-18 City-provided Tree Planting - One 15 gallon Tree $97 $100 $100
City-provided Tree Planting - One 24" Box Tree $167 $172 $172
S-95.1 Recovery & Storage of Abandoned Shopping Carts $11 $11 $11
Page 21 of 43
City of Azusa
Schedule of Fees and Charges Developer Only
2009-2010
Exhibit 3
FIRE SAFETY
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-1.1 Fire Safety- Fee per Hour:
Fire Plan Check $93 $96 $96
Fire Alarm System $93 $96 $96
Fire Extinguisher Service $93 $96 $96
Flammable Storage $93 $96 $96
Hood System $93 $96 $96
Spray Booths $93 $96 $96
Subdivision Plan Checking $93 $96 $96
Fire Permit Fees
Occupancy Inspection-per hour $93 $96 $96
Christmas Tree Lot Inspection - per hour $93 $96 $96
Circus/Carnival Inspection - Minimum 2 hours $186 $192 $192
Flammable Liquid Tank Site Inspection - Minimum 3 hours $278 $287 $287
Liquid Petroleum Gasses-per hour $93 $96 $96
Magnesium Working-Minimum 2 hours $186 $192 $192
Motor Vehicle Repair Garages-per hour $93 $96 $96
Oxygen System Installation -Minimum 2 hours $186 $192 $192
Storage/Handling Flammable Liquids- Minimum 2 hours $186 $192 $192
Underground Tank Installation - Minimum 4 hours $372 $384 $384
Underground Tank Removal- Minimum 3 hours $278 $287 $287
Fireworks Stands-Minimum 1/2 hour $47 $49 $49
Metal Foundry- Minimum 2 hours $186 $192 $192
Places of Assembly-Minimum 2 hours $186 $192 $192
Pyrotechnical Special Effects- per hour $93 $96 $96
Public Rifle/Gun Ranges- Minimum 2 hours $186 $192 $192
Tire Storage Areas in Excess of 1,000 cu. ft. -per hour $93 $96 $96
Automobile Dismantling/Storage Yards- Minimum 2 hours $186 $192 $192
Commercial Woodworking Facilities with Dust Collection
Systems Greater than 25 gallons- Minimum 2 hours $186 $192 $192
Educational/Daycare Centers-Minimum 3 hours $278 $287 $287
Miscellaneous Fire Fees-per hour
Residential Inspection per Sec. 13146.2 of H&S Code $93 $96 $96
Engine Company Standby $93 $96 $96
Hazardous Materials Response $93 $96 $96
Special Inspections $93 $96 $96
Weed Abatement (Processing & Referral) $93 $96 $96
Page 22 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 3A
ADULT BUSINESSES
Area Approved Proposed
Item Description 2008-2009 2009-2010
Fee/Unit Fee/Unit
Business Licenses
1. Adult-oriented business license See Business License See Business License
Partial Payment of Fees - Additional Charge $15 $15
2. Adult Business License Application Fee $174 $174
Partial Payment of Fees - Additional Charge $15 $15
3. Initial Business License Fee See Business License See Business License
Partial Payment of Fees - Additional Charge $15 $15
4. Annual Renewal Fee $35 $36
Partial Payment of Fees - Additional Charge $15 $15
5. Adult Business License Appeal Fee $2,319 $2,319
Partial Payment of Fees - Additional Charge $15 $15
6. Live Entertainer License Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $2,500 initial deposit against $2,500 initial deposit
7. Figure Model License Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $2,500 initial deposit against $2,500 initial deposit
8. Live Entertainer/Figure Model License Renewal Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $2,500 initial deposit against $2,500 initial deposit
Planning
1. Interim Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $5,000 initial deposit against $5,000 initial deposit
2. Final Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $5,000 initial deposit against $5,000 initial deposit
3. Extension of Amortization Actual time spent at hourly rate Actual time spent at hourly rate
of involved City Staff, charged of involved City Staff, charged
against $5,000 initial deposit against $5,000 initial deposit
Page 23 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 4
POLICE
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-067 Noise Disturbance Response Variable Variable Variable
Full cost recover after 2nd response
S-068 Alarm registration $25 $25 $25
Renewal $16 $16 $16
False Alarm Response-Registered alarm Variable Variable Variable
1st free,$50,$250,$500 thereafter
False Alarm Response-Unregistered alarm Variable Variable Variable
1st free,$50,$250,$500 incrementally
S-069 DUI Accident Response Investigation $1,123 $1,160 $1,160
S-070 Equipment Citation Verification(Azusa PD) No Charge No Charge No Charge
Equipment Citation Verification(Citation by other PD) $12 $12 $15
S-071 Vehicle Verification(Azusa PD) $34 $35 $35
Vehicle Verification(Citation by Other PD) $34 $35 $35
S-072 Public Safety at Special Events:
Office-per hour $106 $109 $109
Reserve Officer $34 $35 $35
S-073 Entertainment Permit-Temporary $242 $250 $250
Entertainment Permit-Regular $242 $250 $250
Entertainment Permit-Renewal $242 $250 $250
S-074 Dance Permit-One Time $39 $40 $40
DancePermit-Annual $39 $40 $40
Pawn Shop Permit $39 $40 $40
S-075 Vehicle Impound Fees $67 $69 $75
S-076 Repossessed Vehicle Release $12 $12 $12
S-077 Police Records Check/Clear Letter $23 $24 $24
S-078 Immigration Letters $23 $24 $24
S-079 Public Safety Application Background Check $28 $29 $29
S-081 Police Photo Reproduction-plus cost of photos $56 $58 $58
Photo CD Reproduction $5 to$10 $5 to$10 $5 to$10
S-082 Video/Audio Tape/CD Reproduction $73 $75 $75
Page 24 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 4
POLICE
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-083 Police Report Copy Variable Variable Variable
.50 first page+.15 each additional page
No charge if report is 4 pages or less. Regulated Fee
S-084 Special Computer Search - per hour $78 $81 $81
S-085 Civil Subpoena Processing Variable Variable Variable
No change to current fee of$20 plus reproduction costs
and $150/day deposit+travel. Regulated Fee
S-086 Duces Tecum Subpoena Processing Variable Variable Variable
Fees are set by State law
S-087 Animal Regulation, as per Ordinance:
Program under review for cost savings
Dog License- Regular- 1 year license $40 $40 $40
Dog License- 3 year license $120 $120 $120
Dog License- Neutered - 1 year license $20 $20 $20
Dog License- Neutered - 3 year license $60 $60 $60
Senior/Low Income- 1 Dog License Free Free Free
Lifetime with Implanted Microchip $155 $155 $155
Duplicate $10 $10 $10
Late Payment Processing Fee,-50% of License Fee
Voluntary Cat Licenses
3-year License $32 $35 $35
Lifetime with Implanted Microchip $54 $55 $55
S-019 Business Inspection:
Carnival Worker License $34 $35 $35
S-020 Vehicle Code Enforcement Per Court Per Court Per Court
S-021 Parking Enforcement Per Court Per Court Per Court*
S-022 General Code Enforcement Actual Cost Actual Cost Actual Cost
DUI Impound $199 $206 $210
Impound & Collision Tow Service-per hr. (minimum 1 hr.) Variable Variable Variable
Storage Fees - Per Day
Automobiles and Light Trucks $40 Max $40 Max $40 Max
Trucks over 1 Ton $50 Max $50 Max $50 Max
Semi-Truck and Trailer $50 Max $50 Max $50 Max
Motorcycle $46.75 Max $46.75 Max $46.75 Max
S-025 Accident Report Investigation. Fee set by State Law. $19 $20 $20
Page 25 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 4
POLICE
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-027 Alarm Monitoring Service Actual Cost Actual Cost Actual Cost
S-028 Jail $101 $104 $104
5-032.1 Court Order Custody Reimbursement Fee per 24-hour $101 $104 $104
period or fraction thereof
Incident Report $22 $23 Variable
.50 first page+.15 each additional page
S-032.4 Paramedic Service Actual Cost Actual Cost Actual Cost
S-032.5 Weed Abatement Inspection (Processing& Referring) $291 $301 $301
Traffic Collision Report -- Injury $22 $23 $23
Traffic Collision Report -- Non-injury $11 $11 $11
Comm Srvc Officer Special Event Fees per Hour $42 $43 $43
Police Aide Special Event Fees per Hour $12 $13 $13
15.00 per violation increase pursuant to SB1407
Page 26 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 5
RECREATION
Approved Approved Proposed
Service 2008-2009 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-33 Aquatics Program:
Swimming Lessons- Children/Group (25 min/40 min) $30 $30 $30/$40
Swimming Lessons-Children Private $30 $30 $30
Swimming Lessons -Adult/Group (25 min/40 min) $30 $30 $30/$40
Swimming Lessons -Adult/Private $30 $30 $30
Swimming Team $50 $50 $50
(Additional Child-same family) $45 $45 $45
Lap Swim $2 $2 $2
Water Exercise -Adults $30 $30 $30
Water Exercise-Seniors(per class period) $0.50 $0.50 $0.50
Lifeguard Training Class $125 $125 $125
Jr. Lifeguard Class $80 $80 $80
S-34 Recreation Swimming:
12 years old & under includes slide $0.50 $0.50 $0.50
Teens up to 17 includes slide $2 $2 $2
Seniors 50 years and older $1 $1 $1
Adults 18 and older includes slide $2 $2 $2
S-35 Swimming Pool Rental - Minimum of 2 hours/security deposit(refundable)
1-100 people $325/$200 $325/$200 $350/$200
101-250 people $425/$200 $425/$200 $450/$200
251-350 people $525/$200 $525/$200 $550/$200
Additional -Water Slide $100/$50 $100/$50 $100/$50
S-36 Leisure Classes Varies Varies Varies
S-38 Adult Sports Programs:
Adult Baseball $400 $400 $400
Adult Softball $350 $350 $350
Adult Basketball $300 $300 $300
Adult Volleyball $185 $185 $185
Adult Softball Tournaments $200 $200 N/A
Golf Tournament $100 $100 $100
S-41 Youth Sports Programs:
Pony Baseball Fee $65 $65 $65
(Additional Child-same family) $60 $60 $60
Winter Pony Baseball $40 $40 $40
(Additional Child-same family) $35 $35 $35
Mighty-Mite Baseball (T-Ball/Coach Pitch) $40 $40 $40
(Additional Child-same family) $35 $35 $35
Mighty-Mite Basketball $40 $40 $40
(Additional Child-same family) $35 $35 $35
Mighty-Mite Flag Football $40 $40 $40
Page 27 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 5
RECREATION
Approved Approved Proposed
Service 2008-2009 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
(Additional Child-same family) $35 $35 $35
Mighty-Mite Soccer $40 $40 $40
(Additional Child-same family) $35 $35 $35
Flag Football (T Shirt Uniforms) -$25 new: $20 returning $25/$20 $25/$20 $25/$20
(Additional Child-same family) $20/$15 $20/$15 $20/$15
Basketball (T Shirt Uniforms) -$25 new: $20 returning $25/$20 $25/$20 $25/$20
(Additional Child-same family) $20/$15 $20/$15 $20/$15
Summer Basketball $45 $45 $45
(Additional Child-same family) $40 $40 $40
Volleyball (T Shirt Uniform) - $30 new: $25 returning $30/$25 $30/$25 $30/$25
(Additional Child-same family) $25/$20 $25/$20 $25/$20
Soccer(T Shirt Uniform) -$25 new: $20 returning $25/$20 $25/$20 $25/$20
(Additional Child-same family) $20/$15 $20/$15 $20/$15
Canyon City Girls Fast Pitch Softball $45 $45 $45
(Additional Child-same family) $40 $40 $40
S-41.1 Ball Diamond Rental
Drag, Line and Water Field-Prepared $20 $20 $25
Staff, scorekeeping- per hour $15 $15 $15
Use of Scoreboards $15 $15 $15
Field Rental-No Lights $20 $20 $25
Field Rental-With Lights $30 $30 $35
Use of Bases $15 $15 $15
Deposit for Use of Bases $200 $200 $200
Use of Strike Zone Mat $15 $15 $15
Athletic Field Charge: (Green Space)
Memorial Park-per hour(lights not included) $60 $60 $60
Northside South Field Area-per hour(lights not included) $60 $60 $60
Zacatecas Park $60 $60 $60
Gladstone Park- per hour(lights not included) $30 $30 $30
Lights Included
S-43 Golden Days Special Events:
2K/5K Run/Walk: Youth Price/Pre-registration/Day of the event $10/$15 $10/$15 $10/$15
2K/5K Run/Walk: Adult Price/Pre-registration/Day of the event $15/$20 $15/$20 $15/$20
S-44 Children's Day Camp($85/75 per week)($17/$15 per day x 5 days/week)
Weekly Fee- Discount$2.00 for 2nd child in family
Registration fee (one time) $20 $20 $20
Summer Day Camp (per day) $17/$15 $17/$15 $17/$15
S-47 Recreation Special Events:
Haunted House Dance $10 $10 $10
Back to School Dance $10 $10 $10
Winter Wild Dance $10 $10 $10
Tournament of Champion Dance $10 $10 $10
Page 28 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 5
RECREATION
Approved Approved Proposed
Service 2008-2009 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
Spring Thing Dance $10 $10 $10
Summer Is Here Dance $10 $10 $10
Trunk or Treat Car Show vendor $25 $25 $25
Tournament of Champions Finals at APU Events Center(Adult) $3 $3 $3
(Student) $2 $2 $2
(Child 3-11) $1 $1 $1
Volleyball Clinic $25 $25 $25
Junior Olympic Track (per school) $100 $100 $100
Cinco De Mayo Food Vendor $30-$50 $30-$50 $30-$50
Winter Fiesta Food Vendor $75 $75 $75
Memorial Park Facilities
Meeting Room - normal operating hours $30 $30 $30
- outside normal hours $40 $40 $40
- Non-Resident Fee (Flat) $50 $50 $50
Gym or Main Room - normal operating hours $40 $40 $40
-outside normal hours $60 $60 $60
- Non-Resident Fee (Flat) $125 $125 $125
Kitchen (Flat Fee) $50 $50 $50
- Non-Resident Fee (Flat) $25 $25 $25
Cleaning (Flat Fee) $50 $50 $50
Cinco de Mayo (Novelty and Craft Vendor Fees) $50 $50 $50
Holiday Crafts (Vendors Fees) $35 $35 $35
Girls Night In $20 $20 $20
Bounce House Application Usage $20 $20 $20
Non-Resident Fee:(Flat) $20 $20 $20
Picnic Shelter Application Rental (Gladstone Park)
Area# 1 $20 $20 $20
Area#2 $20 $20 $20
Area#3 $20 $20 $20
Non-Resident Fee:(Flat) $20 $20 $20
Picnic Shelter Application Rental (Memorial Park)
Single Shelter(Area#2,3,4 & 5) $20 $20 $20
Double Shelter(Area# l&6) $30 $30 $30
Non-Resident Fee:(Flat) $20 $20 $20
Picnic Shelter Application Rental (Northside Park)
S-Leg Area# 1 $20 $20 $20
S-Leg Area#2 $20 $20 $20
S-Leg Area# 3 $20 $20 $20
S-Leg Area#4 $20 $20 $20
S-Leg Area#5 (includes serving table) $30 $30 $30
Non-resident fee (flat) $20 $20 $20
Picnic Shelter Application Rental (Pioneer Park)
Page 29 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 5
RECREATION
Approved Approved Proposed
Service 2008-2009 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
NE Section Area# 1 (double shelter) $30 $30 $30
NE Section Area#2 $20 $20 $20
NE Section Area# 3 $20 $20 $20
Non-Resident Fee:(Flat) $20 $20 $20
Gazebo Shelter Area #4 $40 $40 $40
Page 30 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 6
LIBRARY
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-097 Inter-Library Loan Processing $1.50 $1.50 $1.50
Plus Postage
S-098 Book Reservation per Item $0.50 $0.25 $0.25
S-099 Lost Library Card Processing $5 $5 $5
S-100 Processing Overdue Material:
Per item per day-Adult $0.20 $0.20 $0.20
Per item per day-Child $0.10 $0.10 $0.10
S-101 Lost/Damage Library Material Processing $10 $10 $10
S-102 Passport Application $30 $25 $25
Rate set by Fed. Govt.
S-103 DVD Rental per Item (for two days) $1.50 $1.50 $1.50
S-104 Rental of Library Auditorium
For Profit-during business hours-per hour(minimum 3 hours) $20.00 $20.00 $20.00
For Profit-outside business house-per hour(minimum 3 hours) $20.00 $20.00 $20.00
Non-Profit Organizations-per hour-outside Azusa (min. 3 hours) $15.00 $15.00 $15.00
-During business hours $15.00 $15.00 $15.00
-Outside business hours Variable Variable Variable
Resident Non-Profit&Government(minimum 3 hours) No Charge No Charge No Charge
Library Cards No Charge No Charge No Charge
Personal Computer Usage- per Hour No Charge No Charge No Charge
S-52 Filing Special Materials per Item Request No Charge No Charge No Charge
S-53 Photocopy Charges per Page(Rate set by concessionaire) Variable N/A N/A
Black&White Copies N/A 0.15 0.15
Color Copies N/A 0.25 0.25
Page 31 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 7
Utilities
Approved Proposed
Area 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit
Utility Services
S-105 New Utility Account Setup
Connect Fee-Apt. Owners $35 N/A
Connect Fee-All Others $41 $42
S-106 Utility Delinquent Turn Off/On
7 am-spm $35 $35
5pm-12am $119 $123
Late Payment Penalty:
$7.50 or 5% of total outstanding balance,whichever is greater
Standby after hours charge, Fri+Sat until 8 pm $119 $123
S-107 Theft of Water/Light Investigation $230 $238
Damages and estimated usage will also be billed
S-108 Water Pressure Test $59 $61
1st test free
S-109 Water Meter Test
Charge fully allocated hourly rate
S-110 Water Quality Test $106 $109
Plus lab costs
S-111 Flow Test $354 $366
S-112 Temporary Meter Rental Services Variable Variable
$100 per meter plus$1,000 deposit
S-113 New Water Meter Installation $219 $226
plus material costs
S-114 New Water Service Installation
3/4"- 1" $2,477 $2,558
Deposit
2" $2,950 $3,047
Deposit
3" $6,606 $6,823
Deposit
4" $7,196 $7,432
Deposit
6" $9,084 $9,382
Deposit
S-115 New Backflow Device Inspection Review $354 $366
S-116 Annual Backflow Device Inspection Review $119 $123
Page 32 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 7
Utilities
Approved Proposed
Area 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit
Utility Services
S-117 Water Service Various Various
No change to various rates based on service size and usage
S-118 Sewer Blockage Check $354 $354
Minimum charge plus fully allocated hourly rates
No charge, if City fault.
S-119 Sewer Dye Test $200 $200
S-120 Emergency Sewage Spill Response Actual Actual
Fully allocated hourly rate for all responding personnel
S-121 Wastewater Service
City to perform study to determine recovery of system replacement costs.
S-122 Electric Meter Test
First test in six months
Second test in six months
Residential $178 $182
Commercial $337 $348
Industrial $497 $513
S-123 Total Electrical Service Re-Install $497 $513
Plus materials
S-124 Additional Electric Span Install $497 $513
Plus materials
S-125 Temporary Electric Installation
Overhead <100 ft
Underground <50 ft
All $497 $513
Plus material
S-126 Temp Single Phase Transformer Installation $3,000 $3,098
Minimum plus material costs
S-127 Temp Three Phase Transformer Installation $6,000 $6,200
Minimum plus material costs
S-128 Electric Line Extension/Upgrade Actual Actual
Fully allocated hourly rates
S-129 Electric Services Various Various
Various rates depending on type of services and usage, time of year and time of day.
Page 33 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 7
Utilities
Approved Proposed
Area 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit
Utility Services
S-130 Banner Installation $450 $465
S-131 After Hours Standby/Call Out Actual Actual
Full allocated hourly rates with a two hour minimum.
Water System Development Fees:**(1)
Residential:
Single family residential=$9.916.44/acre, $1,652.81/dwelling unit $9,916.44/$1,652.81 $10,521.34/$1,753.63
Multi-family residential = $16,938.04/acre, $1,058.64/dwelling unit $16,938.04/$1,058.64 $17,971.26/$1,123.22
Commercial/Industrial:
Commercial =$7,600.79/acre, $0.76/sf $7,600.79/$0.76 $8064.44/$0.80
Industrial = $8,179.98/acre, $0.32/sf $8,179.98/$0.32 $8,678.96/$0.34
Park/School:
School, per acre or unit $6,406.16 $6,796.94
Park, per acre or unit $2,931.62 $3,110.45
Water System Annexation Fees:**(1I
Residential:
Single family residential =$4,320.55/acre, $720.17/dwelling unit $4,320.55/$720.17 $4,584.10/$764.10
Multi-family residential =$7,380.25/acre, $461.27/dwelling unit $7,380.25/$461.27 $7,830.45/$489.41
Commercial/Industrial:
Commercial = $3,311.42/acre, $0.32/sf $3,311.42/$0.32 $3,513.42/$0.34
Industrial = $3,564.26/acre, $0.13/sf $3,564.26/$0.13 $3,781.68/$0.14
Park/School:
School, per acre or unit $2,791.26 $2,961.53
Park, per acre or unit $1,277.56 $1,355.49
**Approved by City Council on 08/07/06
(1)Increase per Engineering News Record Construction Cost Index adjustment of 6.1%or 1.061
Page 34 of 43
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Page 35 of 43
City of Azusa
•
Schedule of Fees and Charges
2009-2010
Exhibit 8
BUSINESS LICENSES
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-20010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-133 Application Fee-New Business
Outside Contractor $69 $71 $71
Reinstate Outside Contractor $69 $71 $71
Rental Business $69 $71 $71
All Others $143 $148 $148
Partial Payment of Fees-Additional Charge N/A $15 $15
First offense administrative penalty for business license
related violations N/A N/A $250
S-134 Home Occupation Permit $64 $66 $66
S-135 New Taxi/Tow Truck Permit $571 $590 $590
S-136 Massage Parlor Technician Permit $188 $194 $194
S-137 Application Fee-Renewal $34 $35 $36
Partial Payment of Fees-Additional Charge N/A $15 $15
S-138 Business License Duplicates $12 $12 $12
S-139 Printouts of Business License Lists $11 $11 $11
S-140 Solicitor Permit-All
1st Solicitation $51 $53 $53
Each Additional Permit $34 $35 $35
S-141 Yard Sale Permit Not required*Not required* Not required*
S-142 Bingo Permit $194 $200 $200
S-143 Fireworks Stand Permit $268 $277 $277
Field Collection Fee on Delinquent Accounts-plus penalties $57 $59 $59
S-96 Filming or Other Use of City Facilities-per day $1,188 $1,227 $1,227
25%Discount for Azusa-based nonprofit organizations
Filming on Private Property $343 $354 $354
S-97 Registration Fee for Non-profit Businesses within a $40 $41 $41
Commercial Building,i.e.banks,schools,etc.
Ordinance No.07-05,approved by Council on 05/07/07
Page 38 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 9
ADMINISTRATIVE PROCESSING COSTS
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-144 Returned Check Processing- 1st Check/2nd Check $25/$35 $25/$35 $25/$35
Fees set by State Code
S-145 Re-issuance of lost checks $80 $83 $83
S-146 Document Reproduction $0.54 $0.56 $0.56
$.15 each additional sheet
No charge if the report is 4 pages or less
Legal Size-per page
Letter Size- per page
S-146.1 Documents reproduced on CD-Charge for Media N/A N/A $10 per CD
S-147 Document Certification $34 $35 $36
S-148 Audio Tape Copy Service $2 $3 $3
S-149 Candidate Processing $25 $25 $25
Fee set by State Code
S-150 Notary Service $10 $10 $10
Fee set by State Code
Project specifications and plans $46 $48 $48
$10.00 additional if mailed
S-88.1 Processing of Payroll Garnishments per Transactions-set by $5 $5 $5
Court Order
S-89 Map and Publication Production Sale
To Azusa Residents-maximum $5 $5 $5
Blueprint Reproduction $11 $11 $11 •
S-91 Code Updating-annual $195 $201 $201
S-93 Records Research Service:
15 minutes or less $18 $19 $19
Over 15 minutes- per 1/4 hour or part thereof $23 $24 $24
S-94 Bond Issuance and Administration- (includes extra$50 per hour) $343 $354 $354
S-48.1 Rental of Civic Center Auditorium
During City's normal business hours until 4:00pm-per hour $40 $40 $50
After 4:00 p.m.,weekends or holidays- per hour $50 $50 $100
Non-resident groups-Additional fee per event $40 $40 $50
(25% discount for Azusa-based non-profit organizations)
Page 39 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 10
TRANSPORTATION
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
Monthly Foothill Transit Passes
Senior/Disabled $18/$15 $20/$17 $20/$17
Student K-12 $25/$19.75 $30/$24.75 $30/$24.75
CollegeNocational $251$19.75 $30/$24.75 $30/$24.75
Local Lines $55/$41 $66/$52 $66/$52
Silver Streak $80/$60 $96/$76 $96/$76
Express 4 Discontinued Discontinued Discontinued
Commuter Express $130/$110 $155/$135 $155/$135
Discounted passes are available to eligible users and on a first come-first serve basis.
Dial-A-Ride Transit(one-way)
Medical and Social Services:
Azusa, Covina, Duarte, Glendora $0.50 $0.50 $0.50
Baldwin Park, Monrovia, San Dimas,West Covina $1.50 $1.50 $1.50
Non-medical appointments limited to City limits $0.50 $0.50 $0.50
Senior Lunch Program $0.25 $0.25 $0.25
Available to eligible users
Metrolink Monthly Passes
City residents save$25 on monthly passes Variable Variable Variable
Employees of Azusa businesses receive$15 or a match of
the amount offered by the employer up to a limit of$25. Variable Variable Variable
Page 40 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 11
WOMAN'S CLUB AND SENIOR CENTER
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-48 Woman's Club Rental to Public Coordinated by Contractor:
Weekdays Meetings-8 a.m. - 5 p.m. (add'I hours$75 each) $250 $250 $250
Friday Evening Event $300 $300 $300
Saturday Afternoon Event(until 5p.m.) $400 $400 $400
Saturday Afternoon Event(past 5p.m.) $500 $500 $500
Saturday Evening $600 $600 $600
Sunday Event-Anytime $400 $400 $400
Event Liability Insurance $150 $150 $150
Security Deposit $300 $300 $300
Refundable, deposit to hold date
Patio Wedding Ceremony $300 $300 $300
Fee split between City and Contractor
Additional time > 5 Hours $250 $250 $250
Per hour, fee split between City and Contractor
Quincinera-Anytime $700 $700 $700
Cleaning fee $100 $100 $100
Decorating fee outside normal hours of operation (per hour) $15 $15 $15
Woman's Club-For Azusa based Non-Profit Organizations
Building Rental (per hour including setup and clean up time) $50 $50 $50
Kitchen (flat fee) $75 $75 $75
Damage Deposit $300 $300 $300
Staffing (per hour) $15 $15 $15
Cleaning Fee $100 $100 $100
Event Liability Insurance $150 $150 $150
Alcohol Liability Insurance $300 $300 $200
Gazebo at City Hall $300 $300 $300
S-48.3 Rental of Senior Center, North Recreation Center and Former Armory
Small Class Rooms:(non-profit)/(profit) per hour $30/$50 $30/$50 $30/$50
Large Room:(non-profit)/(profit) per hour $60/$100 $60/$100 $60/$100
Kitchen:(non-profit)/(profit)flat fee $50/$75 $50/$75 $50/$75
Staffing:(after hours only)(non-profit)/(profit) minimal per hour $30/$30 $30/$30 $30/$30
Cleaning Fee:flat fee $225 $225 $225
Security Deposit: $200 refundable deposit $200 $200 $200
Non-Resident Fee (flat) $50 $50 $50
Decoratingfee outside normal hours of operation (per hour) $15 $15 $15
S-48.2 Special Event Insurance (Actual Cost of Coverage) -depending $145 $145 $125
on activity and Certificate of Insurance- per hour
Alcohol Liability Insurance $200
Senior Lunch Program (suggested) donation $1.85 $1.85 $1.85
Page 41 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 12
GIS MAPS
Approved Approved Proposed
Area 2007-2008 2008-2009 2009-2010
Item Description Fee/Unit Fee/Unit Fee/Unit
S-16.1 Paper Map Products Price List
1. Public Access Terminal-Screen Viewing No Charge No Charge No Charge
2. City Map Books $12 $12 $12
3. A Size Plot; 8.5 X 11 $12 $12 $12
4. A Size Plot: 8.5 x 11 with photo $18 $19 $19
5. B Size Plot: 11 x 17 $12 $12 $12
6. B Size Plot: 11 x 17 with photo $18 $19 $19
7. C Size Plot: 17 x 22 $29 $30 $30
8. C Size Plot: 17 x 22 with photo $40 $41 $41
9. D Size Plot: 34 x 22 $57 $59 $59
10. D Size Plot: 34 x 22 with photo $75 $77 $77
11. E Size Plot: 34 x 46 $91 $94 $94
12. E Size Plot: 34 x 46 with photo $148 $153 $153
13. Zoning Citywide Book(11 x 17 sheets) $57 $59 $59
14. City General Plan Land Use or Zoning Map(3 x 5 ft.) $29 $30 $30
15. City General Plan Land Use or Zoning Map(6 x 6 ft.) $57 $59 $59
16. Hourly Charge for Custom Mapping Work $75 $77 $77
Page 42 of 43
City of Azusa
Schedule of Fees and Charges
2009-2010
Exhibit 13
Redevelopment
Approved Approved Proposed
Service 2007-2008 2008-2009 2009-2010
Area Description Fee/Unit Fee/Unit Fee/Unit
S-480 Loan Subordination Fee $228 $235 $235
Loan Fee Processing
Page 43 of 43
4 .
411171.
AZUSA
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER V
DATE: JULY 7, 2009
SUBJECT: APPEAL OF MINOR USE PERMIT MUP 2008-18 PLANNING COMMISSION .
DENIAL OF A MINOR USE PERMIT APPLICATION TO ALLOW THE
OPERATION OF A LARGE FAMILY DAY CARE HOME PROVIDING CARE
FOR UP TO 14 CHILDREN
RECOMMENDATION
The Planning Commission denied Minor Use Permit 2008-18.
BACKGROUND
On May 13, 2009, the Planning Commission denied, by a 4-0 vote (Commissioner Giles was absent),
Minor Use Permit MUP 2008-18 to allow the operation of a Large Family Daycare Home. Staff had
recommended approval of the project as indicated in the Planning Commission staff report (see
Exhibit A). The resolution of denial from that public hearing is attached as Exhibit B. On June 2,
2009, the applicant appealed the Planning Commission's decision stating that under California Law,
the City is prohibited from considering health and safety conditions when deciding whether to grant
an application for a Minor Use Permit to operate a large family daycare home and that the strict
application of the Azusa Municipal Code Minor Use Permit standards for Large Family Daycare
Homes violates State Law. The appeal documents are attached as Exhibit C and staff's response to
the allegations that the City was prohibited from denying the application is contained in the
conclusion section of this report.
HISTORY
On December 11, 2008, the applicant, Laura E. Diaz, applied for a Minor Use Permit to allow her to
obtain a business license with the City of Azusa for the operation of a Large Family Daycare Home,
providing care for up to 14 children. Ms. Diaz has been operating a Family Daycare Home at the
I
(W:\2009 gc\0709\PlanningCC-StaffReport.doc
subject address without a City of Azusa business license for several years. Although Ms. Diaz has
been licensed by the State of California Department of Social Services to operate a Large Family
Daycare Home at 526 E. Russell Street, she is also required to obtain a Business License and Minor
Use Permit from the City of Azusa. The City of Azusa Business License Division initially notified
Ms. Diaz that she would need to obtain a City Business License and any additional necessary City
permits.
A Small Family Daycare Home providing care for eight or fewer children would not require the
applicant to obtain a City of Azusa business license, nor would Ms. Diaz be required to obtain a
Minor Use Permit. The applicant is aware of the difference between the Large and Small Family
Daycare Home requirements, and has expressed the desire to obtain a permit for a Large Family
Daycare Home.
A letter was received on April 6, 2009, in response to a public notice sent out to property owners
within 300 feet of the subject property. That letter requested a public hearing and expressed the
property owner's desire for the application to be denied.
A second letter from another resident was received on May 6,2009, in response to a second public
notice sent to property owners within 300 feet,providing notice for the public hearing scheduled for
May 13,2009. That letter expressed concern over a potential increase in noise,traffic,the small size
of the home, potential decrease in his/her property value, and potential signs.
The staff report from the May 13, 2009, Planning Commission meeting including the resolution,
conditions of approval, the report provided by the Police Department, and the letters submitted by
surrounding property owners are attached as Exhibit A.
CONCLUSION
The applicant's appeal documents state that the Planning Commission's resolution violates State
Law, citing that the City must permit the operation of large family day care homes in residential
neighborhoods if those homes comply with reasonable standards, restrictions and requirements
concerning(1)spacing and concentration,(2)traffic control,(3)parking,and(4)noise control. The
Planning Commission's decision to deny the proposed large family daycare home was based on a
review of site photos provided,in which the applicant's personal vehicles and a recreational vehicle
were observed occupying the entire driveway area, thus resulting in traffic control and parking
issues. The Planning Commission based its denial on the finding that the proposed Large Family
Daycare home lacks the two off-street parking spaces required to be provided exclusively for
dropping off and Picking up children. The Commission also found that the proposed use will impact
the properties in the vicinity with an increase in street traffic as well as an undue increase in noise
during hours of operation. Lastly, the Commission found that the small size of the home was
incompatible with its use as a large family day care home housing up to 14 children.
Notwithstanding our original support of the application,it is staff's opinion that these denial findings
are within the scope of review authority by the Planning Commission according to State Law.
The applicant is requesting that the Council, as the body designated to hear appeals of Planning
Commission decisions, review the provided information and determine if the Planning
Commission's denial should be upheld or if the project should be approved. A Resolution for denial
and the required findings of fact are attached. Should the City Council approve the application, an
appropriate resolution will be brought back to the Council at the next meeting.
2
(W:\2009 gc\0709\PlanningCC-staffReport.doc
ATTACHMENTS:
Resolution of Denial
Exhibit A - May 13, 2009 Planning Commission Staff Report and all related documents
provided in Planning Commission packets.
Exhibit B - Planning Commission Resolutions
Exhibit C - Appeal Documents
3
(W:\2009_gc\0709\PlanningCC-StaffReport.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DENYING MINOR USE PERMIT MUP-2008-18, A
REQUEST TO ALLOW THE OPERATION OF A LARGE FAMILY
DAYCARE HOME PROVIDING CARE FOR UP TO 14 CHILDREN,
LOCATED AT 526 E. RUSSELL STREET, AZUSA.
WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law
and held a public hearing on the application of Laura Diaz with respect to the requested Minor Use
Permit MUP-2008-18 to allow the operation of a Large Family Daycare Home located at 526 E.
Russell Street; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the staff
report offered in the case as presented at the public hearing; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1: In accordance with City of Azusa Municipal Code Section 88.51.032 and based
on the staff report and other such written and oral evidence as presented to the
City Council regarding the Minor Use Permit MUP-2008-18, the City Council
finds and determines that the proposed Variance:
(a) The design, location, size, and operating characteristics of the
proposed activity are not compatible with the existing and future
land uses in the vicinity.
The location and operating characteristics of the proposed activity are
incompatible with the existing and future land uses in the vicinity due to
parking and access issues and the lack of exclusively delineated parking
spaces for drop off and pick up areas. Evidence at the hearing showed
that the driveway was used for residential parking, limiting its use for
drop off and pick up, and resulting in a lack of the required delineated
parking spaces.
There was also evidence that the small size of the home is incompatible
with its use as a large family day care home housing up to 14 children.
Furthermore, the proposed use will result in an intensification of the
residential use and impact properties in the vicinity with an increase in
traffic to and from the home and the potential to generate additional
noise during hours of operation.
(b) Granting the permit would be detrimental to the public interest,
health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity and zoning
district in which the property is located.
Foothill Center Mixed Use Project/TTM 68355/CC/ResoDR2006-103
The proposal does not satisfy safety concerns due to the presence or
possible presence of a parolee at the day care facility and the difficulty to
enforce Conditions of Approval related to the parolee, who was
discovered sleeping in the residence on Dec. 23, 2008 during an
inspection conducted by the State Department of Social Services. The
parolee has provided the Azusa Police Department Booking officers with
a home address of 526 E. Russell Street, Azusa, CA. It would be
difficult to enforce any Conditions of Approval related to prohibiting the
parolee from being present at the day care facility until the parole period
is over. Due to the nature of the crime, which involved a threat of death
or great bodily injury, and the conclusion of the State Department of
Social Services that the parolee poses an imminent risk to the children,
the concern for the safety and welfare of the children is very great.
Section 2. Based on the aforementioned findings, the City Council does hereby deny Minor
Use Permit No. MUP 2008-18 for the property located at: 526 E. Russell Street,
Azusa, California.
Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and certify
to the passage and adoption of this Resolution.
ADOPTED, SIGNED, AND APPROVED this 7th day of July, 2009, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Joe Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
City Attorney
Foothill Center Mixed Use Project/TTM 68355/CC/ResoDR2006-103
EXHIBIT A
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zusAi
ECONOMIC AND C ONLMITSI COMMUNITY DEVF,T ,OPMENT DEPARTMENT
REPORT TO
THF PLANNING COMMISSION
AGENDA ITEM
TO: CHAIRMAN AND PLANNING COMMISSIONERS
FROM: KIMBERLY PILMF,R, ASSISTANT PLANNER
Vr
VIA•
. KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: MAY 13 , 2009
SUBJECT: MINOR USE PERMIT MUP 2008- 18 FOR 526 E RUSSELL ST.
APPLICANT: LAURA E. DIAZ
REQUEST.. Approval of a Minor Use Permit MUP 2008- 18 to allow the operation of a Large
Family Daycare Home, providing care for up to 14 children within the neighborhood
General 3 Low Density Residential Zone.
ADJACENT LAND USES AND ZONING:
LAND USE: ZONING:
. NG3-Low eighborhood General 3 —Low
SITE: Single Family ResidentialDensity Residential)
NG3-Low (Neighborhood General 3 —Low
NORTH: Russell Street DensityResidential)
NG3-Low (Neighborhood General 3 —Low
SOUTH: Single Family Residential DensityResidential)
)
NG3-Low (Neighborhood General 3 —Low
EAST: Single Family Residential DensityResidential)
)
. NG3-Low eighborhooensitydential)General 3 —Low
WEST: Single Family Residential Resid
MUP 2008-18
May 13,2009
Page 2 of 7
GENERAL PLAN DESIGNATION: Low Density Residential Med Use(0-8 DU/Acre)
REDEVELOPMENT PROJECT AREA: YES: _ NO: X
ENVIRONMENTAL DETERMINATION:
X Categorical exemption
Negative declaration
Environmental impact report
RECOMMENDATION:
Based on substantial compliance with provisions of the Development Code and the Minor Use Permit
Findings of Fact as well as conformance with the General Plan and CEQA guidelines, staff
recommends that the Planning Commission adopt the attached resolution approving Minor Use
Permit MUP-2008-18 based on the findings of fact and subject to the Conditions of Approval listed in
the attached Exhibit A.
BACKGROUND:
On December 11, 2008, the applicant, Laura E. Diaz submitted an application for a Minor Use
Permit to allow the operation of a large family daycare, providing care for up to 14 children at a
single family residence within the NG3-Low zone. The existing business has been in operation for 4
years, and has an active Family Child Care License (No. 198009860) on file with the State of
California Department of Social Services. The Child Day Care license was fist issued by the State
on January 7th, 2004.
On April 2, 2009, sixty two (62) notices were sent out to the property owners within three hundred
(300)feet of the site notifying them of the proposal and providing 10 days for any interested person
to request a public hearing for the item prior to approval by the Zoning Administrator.
On April 7, 2009 a letter requesting a public hearing was received by the Zoning Administrator and
is attached as Exhibit "C".
The subject property is located in the Neighborhood General 3-Low Density Residential(NG3-Low)
zone. The property is a single-family residence with lot dimensions of 100' x 60.85' totaling
approximately 6,085 square feet in area.
On May 1, 2009, sixty (62) notices of the Planning Commission public hearing were sent out to the
property owners within 300 feet of the subject property and notification was sent to the San Gabriel
Valley Tribune to be published by Friday May 1St, 2009. The mailing list includes the property
owners directly adjacent to the subject parcel. On May 6, 2009, a letter requesting a public hearing
was received by the Zoning Administrator and is attached as Exhibit"C".
2
MUP 2008-18
May 13,2009
Page 3 of 7
This project is Categorically Exempt under the California Environmental Quality Act, Section
15301, Class 1 —Existing Facilities.
DISCUSSION:
The applicant, Laura Dias has been operating a Large Family Daycare Home from the subject location
for approximately 4 years. Ms.Diaz obtained a license from the State Department of Social Services
to operate a child daycare for 14 children, and says she was unaware that she needed to obtain a
permit from the city as well.
The City's Business License Division became aware of existing Large Family Daycare homes within
the city that were operating without city business licenses, and sent out notices to these businesses,
informing them of the city's licensing requirements. Ms. Diaz is now applying for the necessary
permits in order to legally operate her Large Family Daycare Home.
Staff's recommendation of approval is based largely on the Police Department's review as well as
Community Improvement's review of the application because this is a sensitive use involving the care
of young children. The Police Department and Community Improvement Division's review has
identified any potential safety issues and any existing code violations.
The Community Improvement Division has not identified any issues with the property;however,the
Police Department did conduct an investigation into an individual who is on active State parole,and
was using 526 E. Russell Street as his place of residence. The Police Department's investigation
resulted in the State Department of Social Services conducting an on-site inspection of the home, at
which time they did find that individual in the home. The applicant was issued a civil penalty and
was informed that the individual on parole poses an imminent risk to the children and is prohibited to
reside at the home. Ms. Diaz informed State Social Services that the individual would no longer
reside at the home. The Police Department's conclusion is that as long as the applicant complies with
the State Department of Social Services,there are no other public safety issues of concern for a large
family daycare home as long as public parking and municipal code laws are not violated. Police
Department comments are attached as Exhibit"D".
ANALYSIS:
The City's Development Code requires that,in determining whether to approve a Minor Use Permit
for Child Day Care Facilities, the decision making body shall consider each of the following
standards:
1. Location requirements. In order to avoid the concentration of intensive,non-residential land
uses in residential neighborhoods, maintain residential character, and compatibility with
adjacent residential uses,no large family daycare home shall be located within 500 feet of an
existing large family daycare home, or child daycare center. In no case shall a residential
property be directly abutted by a large family daycare center on two or more sides.
3
MUP 2008-18
May 13, 2009
Page 4 of 7
The proposed location of the Large Family Daycare Home is not located within 500 feet of
an existing Large Family Daycare Home or any child daycare center. Additionally, a small
family daycare home providing child care for up to 8 children is a permitted use within this
zone, and does not require any permit other than a business license and State license.
2. Parking, drop-off area.
a. At least two off street parking spaces shall be provided exclusively for dropping off and
picking up children. The driveway may be used to provide the off-street parking
required by Section 88.34 (Parking),if the parking will not obstruct any required drop-
off and pick up areas nor block any sidewalks or other public access. Alternative
parking and drop-off arrangements may be required by the review authority based on
traffic and pedestrian safety considerations.
The existing driveway area in front of the home provides the required two off-street
drop-off/pick-up parking spaces, without blocking any sidewalks or other public access.
The single-family home has an existing two-car garage, which provides adequate
parking for the occupants of the home and enables the driveway area to be utilized as a
drop-off/pick-up area without impacting street circulation.
b. A home located on a street with a speed limit of 30 miles per hour or greater shall
provide a drop-off/ pick-up area designed to prevent vehicles from backing onto the
street (e.g., circular driveway, or, where approved by the city, a green curb with a 20-
minute parking limitation).
The home is located on a residential street with speed limit of 25 miles per hour, so a
circular driveway and/or green curb parking area is not necessary for the proposed
location.
c. A 60-inch high wall or fence shall be provided to separate each area used or occupied by
children from a parking lot, driveway, or other area that would be used by motor
vehicles, except within a front setback.
Fences separating the rear yard area from the front yard, driveway and parking areas
exist, and are at least 5 feet in height.
3. Outdoor activity areas.
a. Any side or rear setback areas intended for day care use shall be enclosed with a fence or
wall to separate the children from neighboring properties.
Perimeter fences currently exist on the property, separating the rear and side yard areas
from neighboring properties.
4
MUP 2008-18
May 13,2009
Page 5 of 7
b. Outdoor recreation equipment over eight feet in height shall not be located within a
required side setback, and shall be setback a minimum of five feet from a rear property
line.
No outdoor playground equipment is visible on site.
4. Noise. Noise generated from the large family daycare home shall not exceed the standards
in Section 88.31.020 (Noise).
A Condition of approval has been included for the approval of the Large Family Daycare
Home, so that if the noise level generated from the home exceeds that permitted within a
residential zone, the Minor Use Permit may be subject to revocation.
5. Additional standards. Each large family daycare home shall comply with applicable building
and fire codes, and standards adopted by the State and Social Services Department licensing
requirements (California Code of Regulations, Title 22, Division 2).
The existing Child daycare home has been licensed by the State of California Department of
Social Services since January 7, 2004, and has an active Family Child Care License No.
198009860.
General Plan & Development Code Conformance
1. Public and Institutional Uses Goal #7: "Ensure that the public and institutional uses such as
government and administrative offices recreational facilities,cultural centers,and educational
uses adequately support the existing and future population." Policy #7.4 Calls for the
development of new child care facilities.
2. With approval of the Minor Use Permit application and Compliance with State Department of
Social Services requirements,the proposed Large Family Daycare Home would meet all of the
applicable requirements of the City's Development Code.
MINOR USE PERMIT FINDINGS OF FACT:
Pursuant to Section 88.51.040.F of the Azusa Municipal Code, the following findings are made in
support of the requested Minor Use Permit:
1. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Development Code and the Municipal Code:
A large family daycare is allowed in the NG3-Low (Neighborhood General 3-Low Density)
zone with a Minor Use Permit. The Development Code defines a large family daycare as:
"Large Family Daycare Home. As defined by the Health and Safety Code Section 1596.78,a
5
MUP 2008-18
May 13,2009
Page 6 of 7
day care facility in a single-family dwelling where an occupant of the residence provides family
day care for seven to 14 children,inclusive of children under the age of 10 years who reside in
the home." The proposed site for the large family daycare is a single family residence located
on a street with a majority of single family homes. The proposed site meets all of the land use
standards of Chapter 88.42.060- Child Day Care Facilities of the City of Azusa Development
Code.
2. The proposed use is consistent with the General Plan and any applicable specific plan:
The General Plan Land Use designation of the subject property is Low Density Residential;
there is no specific plan applicable to the subject property.
Public and Institutional Uses Goal #7: ENSURE THAT THE PUBLIC AND
INSTITUTIONAL USES SUCH AS GOVERNMENT AND ADMINISTRATIVE OFFICES,
RECREATIONAL FACILITIES, CULTURAL CENTERS, AND EDUCATIONAL USES
ADEQUATELY SUPPORT THE EXISTING AND FUTURE POPULATION. POLICY#7.4
calls for the development of new child-care facilities.
The proposed large family daycare business provides the neighborhood and community with a
service which supports the existing and future population. This use directly provides a new
child-care home which will help to meet General Plan Goal #7 and Policy # 7.4.
3. The design,location, size, and operating characteristics of the proposed activity are compatible
with the existing and future land uses in the vicinity:
The design and operating characteristics of the proposed day care facility use is compatible
with the site and with the existing land uses in the vicinity. The site is a single family
residence on an individual lot with ingress and egress into the property provided by a driveway
approach off a residential street. An existing fence separates the rear yard area from the front
yard and parking areas.
4. The site is physically suitable for the type, density and intensity of use being proposed,
including access, utilities, and the absence of physical constraints:
The subject property is an existing single family residence with a fenced in yard and adequate
room for the proposed use. The existing driveway approach provides adequate access to
single family residence and provides two off street parking spaces,which are required for drop
off and pick up location.
5. Granting the permit would not be detrimental to the public interest,health,safety,convenience,
or welfare, or materially injurious to persons, property, or improvements in the vicinity and
zoning district in which the property is located:
6
MUP 2008-18
May 13, 2009
Page 7 of 7
Granting the Minor Use Permit to allow the family day care business with up to 14 children
would help the neighborhood and community. This use will contribute to the wellbeing and
sustainability of Azusa's growing population by providing this service to those in need of
childcare.
CONCLUSION:
Staff has analyzed the proposal and concludes that the proposed Large Family Day Care Home merits
approval due to its substantial compliance with the Development Code land use standards for Child
Day Care Facilities (Chapter 88.42.060). Additionally,Planning Staff recommends approval of the
application based on The Police Department's review of the application and its conclusion that
assuming the applicant complies with the State Department of Social Services; there are no public
safety issues of concern for the family daycare home to operate.
RESPECTFULLY SUBMITTED:
- I
i
MBEILMER, ASSISTANT PLANNER
Attachments:
Exhibit A - Conditions of Approval
Exhibit B - Draft Resolution
Exhibit C - Public hearing requests
Exhibit D - Police Department Comments
Exhibit E - Site Photos
Exhibit F - Site Plan
7
Exhibit"A"
Conditions of Approval 5/13/09
Case No: MUP 2008-18(Laura E.Diaz)
Address: 526 Russell Street
A.P.N.: 8613-007-039
Project: To allow a large-family daycare business, up to 14 children, at a
single-family residence.
These conditions of approval shall be printed on or attached to working
drawings submitted to the Building Division for approval.
A. All requirements of the Planning Division shall be met, including but not
limited to the following:
1. The Minor Use Permit shall be exercised within six (6) months after its
approval,or said permit shall expire and be subject to revocation,unless an
extension of time is approved in compliance with Section 88.52.040 of the
Development Code. The permit shall not be deemed "exercised"until the
applicant has commenced operation of the use.
2. Within 10 calendar days from the date of approval the applicant/property
owner shall provide the following to the Planning Division:
1. Sign and return the Owners Acceptance form provided by the
Planning Division.
2. Submit a check for$75 payable to the Los Angeles County Clerk
for filing of a Notice of Exemption with the County of Los Angeles.
3. All uses shall comply with Section 88-1750 for Home Occupation
Performance Standards of the Azusa Municipal Code.
4. All necessary permits shall be obtained at the State and Local level.
5. Applicant shall comply with all State Department of Social Services
requirements and shall comply with H&S 1596.871(a). At no time may any
individual on State parole be present at the residence during operation of a
child day care home.
6. All uses shall be in substantial conformance with the approved plot plan.
7. At least two off-street parking spaces shall be provided exclusively for
dropping off and picking up children. The driveway shall be used to provide
this required off street parking. The required drop off and pick up area shall
not obstruct any sidewalks or public access.
8. Parking of vehicles on areas other than paved surfaces or in garages is
prohibited.
9. Landscaping shall be adequately maintained at all times including,but not
limited to, irrigation,weeding,and/or replacement when necessary.
10. The premises shall be maintained in a clean and acceptable condition at all
times. All buildings and walls shall be maintained in good repair at all times.
Any offensive markings shall be removed immediately. Any graffiti shall be
painted over within forty-eight(48)hours to match existing wall in color and
tone.
MUP 2008-18
May 13, 2009
Page 2 of 3
11 . Noise generated from the large family day care home shall not exceed the
City's noise standards for interior and exterior noise within residential zones
per code section 88.31 .030 Noise Standards. If Noise originating from the
business exceeds that permitted within neighborhood zones, this Minor Use
Permit may be subject to revocation.
12. Signs advertising the large family day care business shall not be displayed
on the premises unless a sign permit application for a residential sign is
submitted and approved by the Planning Division.
13. If it becomes necessary for the City to take any legal action or commence
any administrative proceedings against the applicant or any successor in
interest in order to enforce any of the conditions of approval set forth herein,
the City shall recover from the applicant or successor in interest reasonable
attorney's fees and other reasonable costs incurred in such action or
proceeding, provided that the City obtains a judgment in its favor in any
portion of such action or proceeding.
14. The applicant or successor in interest shall be the real party in interest and
shall assume primary responsibility for the defense of any legal action or
proceeding commenced against the City to challenge the City's approval of
Land Use Entitlements and/or the City's approval related to such land use
approval. The applicant or successor in interest shall reimburse the City for
all reasonable attorneys' fees and other reasonable costs incurred by the
City in defending such action or proceeding.
15. By accepting approval of the Land Use Entitlements subject to the conditions
set forth herein, the applicant or successor in interest shall be deemed to
have agreed to the terms and conditions set forth herein and the City shall
have the right to enforce in its sole discretion such terms and conditions by
pursuing any and all available legal and equitable remedies.
B. All requirements of the Building Division shall be met, including but not
limited to the following:
1 . Project and plans shall comply with the 2007 California Building
Standards Code; including the 2007 California Building Code, 2007
California Electrical Code, 2007 California Plumbing Code, 2007
California Mechanical Code, 2007 California Energy Code, and the City of
Azusa Municipal Code.
2. All plan check fees shall be paid at the time of plan check submittal. Once
plan check is completed and approved, applicant shall be responsible to
pay in full all other appropriate development fees (i.e. school district fees,
water reimbursement, and park fees) prior to issuance of any building
permit.
3. Applicant shall submit 2 copies of foundation, framing, floor and elevation
plans for plan check .
(P.`1Planning'F_ntitlementsIJ1 MinorUsePermitt2008WIUP 2008-18 526 Ruse11 St(daycare)IRevised Exhihtt A.doc
MUP 2008-18
May 13,2009
Page 3 of 3
4. Prior to issuance of a permit, the applicant shall submit approval from the
Los Angeles County Fire Department.
5. Applicant recognizes that approval granted is for planning and zoning
only and the owner is obligated to meet all applicable Building Division
requirements.
6. Plans as submitted are not acceptable for Building Division submittal.
7. If building's occupancy is being changed, building must comply with all
provisions of new occupancy as required under the 2007 codes.
8. Building must comply with all 2007 C.B.C. + 2008 Los Angeles Fire Code
requirements for a Large Family Daycare Home.
C. All requirements of the Police Department shall be met, including but not
limited to the following:
1. Any individual on State parole shall not reside at the subject address 526
Russell Street at anytime during the operation of a family daycare home.
The presence of an individual on State parole at the home during the
operation of a family day care home is a violation of 1596.871 (a) H&S.
D. All requirements of the Business License Division shall be met, including
but not limited to the following:
1. A Business License shall be obtained for the home occupation use.
(P.11PlamvingiEntltlementsl11 M,norUsePermi(2008\MUP 2008-18 526 Ruse11 St(daycare)Revised Exhibit A.dnc
RESOLUTION NO. 2009-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA APPROVING
MINOR USE PERMIT NO. MUP 2009-18, A REQUEST TO ALLOW THE OPERATION OF A
LARGE FAMILY DAYCARE HOME,PROVIDING CARE FOR UP TO 14 CHILDREN WITHIN
THE NEIGHBORHOOD GENERAL 3 LOW DENSITY RESIDENTIAL ZONE, AT 526 E.
RUSSELL ST.
WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof as
required by law, held a public hearing on the application of Laura E. Diaz with respect to the
requested Minor Use Permit No. MUP 2009-18 to allow the operation of a Large Family Daycare
Home, providing care for up to 14 children at 526 E. Russell St.
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and
the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to California Environmental Quality Act, Section 15301, Class 1 —
Existing Facilities, this project is categorically exempt.
SECTION 2: That in accordance with Section 88.51.050.F of the Azusa Development Code,
the Planning Commission hereby approves said Minor Use Permit No. 2009-18 based on the
following findings:
1. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Development Code and the Municipal Code:
A large family daycare is allowed in the NG3-Low (Neighborhood General 3-Low
Density) zone with a Minor Use Permit. The Development Code defines a large family
daycare as: "Large Family Daycare Home. As defined by the Health and Safety Code
Section 1596.78, a day care facility in a single-family dwelling where an occupant of the
residence provides family day care for seven to 14 children, inclusive of children under the
age of 10 years who reside in the home." The proposed site for the large family daycare is a
single family residence located on a street with a majority of single family homes. The
proposed site meets all of the land use standards of Chapter 88.42.060- Child Day Care
Facilities of the City of Azusa Development Code.
2. The proposed use is consistent with the General Plan and any applicable specific plan.
The General Plan Land Use designation of the subject property is Low Density Residential;
there is no specific plan applicable to the subject property.
Public and Institutional Uses Goal #7: ENSURE THAT THE PUBLIC AND
INSTITUTIONAL USES SUCH AS GOVERNMENT AND ADMINISTRATIVE OFFICES,
RECREATIONAL FACILITIES,CULTURAL CENTERS, AND EDUCATIONAL USES
ADEQUATELY SUPPORT THE EXISTING AND FUTURE POPULATION. POLICY#7.4
calls for the development of new child-care facilities.
Exhibit B
Resolution No. 2008-
May 13, 2008
MUP 2008-01
Page 2 of 3
The proposed large family daycare business provides the neighborhood and community with a
service which supports the existing and future population. This use directly provides a new
child-care home which will help to meet General Plan Goal #7 and Policy # 7.4.
3. The design,location,size, and operating characteristics of the proposed activity are compatible
with the existing and future land uses in the vicinity.
The design and operating characteristics of the proposed day care facility use is compatible
with the site and with the existing land uses in the vicinity. The site is a single family
residence on an individual lot with ingress and egress into the property provided by a
driveway approach off a residential street. An existing fence separates the rear yard area from
the front yard and parking areas.
4. The site is physically suitable for the type, density and intensity of use being proposed,
including access, utilities, and the absence of physical constraints.
The subject property is an existing single family residence with a fenced in yard and
adequate room for the proposed use. The existing driveway approach provides adequate
access to single family residence and provides two off street parking spaces, which are
required for drop off and pick up location.
5. Granting the permit would not be detrimental to the public interest,health,safety,convenience,
or welfare, or materially injurious to persons, property, or improvements in the vicinity and
zoning district in which the property is located:
Granting the Minor Use Permit to allow the family day care business with up to 14 children
would help the neighborhood and community. This use will contribute to the wellbeing and
sustainability of Azusa's growing population by providing this service to those in need of
childcare.
SECTION 3: Based on the aforementioned findings,the Planning Commission does hereby
approve Minor Use Permit No. MUP 2009-18 for the property located at: 526 E. Russell St. Azusa,
California.
SECTION 4: The Secretary shall certify to the adoption of this resolution.
ADOPTED AND APPROVED the 13th day of May, 2009.
AZUSA PLANNING COMMISSION CHAIRMAN
Resolution No. 2008-
May 13, 2008
MUP 2008-01
Page 3 of 3
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Azusa at a regular meeting thereof held on the 13th day of May, 2009,
by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
AZUSA PLANNING COMMISSION SECRETARY
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Mr Arthur Wilson
370 S Scott Ave
(.2-Z>) - - q kc,r Azusa,CA 91702-5039
Exhibit C
May 4, 2009
Azusa City Planning Commission RECEIVED
213 E. Foothill Blvd.
Azusa, CA 91702 CITY CSF AZUSA
Dear Sirs: PLANNING DIVISION
This is in reply to "Minor Use Permit Application, MUP -2008-18" at 526 E. Russell
Street,Azusa for a Large Family Daycare Home permit.
Hive at
1.1111 Right now, I have no problem with the"Small Daycare Home'
However, I am concerned with making it larger. My
concerns are as follows:
1. Increase in noise.
2. Increase in traffic in the morning and evening when dropping off and picking
up the children.
3. Decrease in my home value.
4, Signage—Are they going to be allowed to put up a sign? If so,that is REALLY
bad for our neighborhood.
5. Is this small 3 bedroom home large enough to accommodate 14 children in
cold weather?
I will be out of town on May 13, due to a prior commitment, so I cannot address these
concerns in person.
Thank you for considering these concerns,as they really apply to the whole
neighborhood.
Thank you for your kind consideration.
Sincerely,
RECEIVED
CITY OF AZUSA
PLANNING DIVISION
MEMORANDUM
Date: January 8, 2009rif
To: Kim Pilmer, Assistant Planner /
4'
ted,
From: Rick Sanchez, Administrative Corporal
Subject: Minor Use Permit, Large Family Daycare
526 E. Russell St., Azusa \ ;1
I initiated a local records check for police activity at 526 E. Russell Street. The check
revealed calls for service between November of 2006 to November of 2008. There
were no significant public safety issues of concern (i.e., parking problems,
disturbances, loud music, or criminal activity).
I conducted a check of our Department's arrest history for any persons that may be
residing at the address in violation of 1596.871 (a) H&S, Criminal Records History
Clearance (fingerprints from DOJ). Which means that "An individual shall be
required to obtain either a criminal record clearance or a criminal record exemption
from the State Department of Social Services before his or her initial presence in a
child day care facility. "
The arrest history indicated that , CDL.
#B6111397 was booked twice at the Azusa Police Department Jail as a Narcotic
Registrant on 11-05-08 and again on 06-25-08. -provided the Azusa P.D.
Booking Officers with a home address of 526 E. Russell Street, Azusa, CA.
A C.L.E.T.S. (California Law Enforcement Telecommunication System) check
indicated that is on active State Parole until 08-18-09, for 422 P.C.,
Threaten: Death or Great Bodily Injury. I contacted California Sate Parole Agent
Charlee James-Mejia from the San Gabriel State Parole Unit. She confirmed that
was using 526 E. Russell Street,Azusa, as his place of residence.
I contacted Licensing Program Analyst Daniel Mena of the Sate of California
Department of Social Services and advised him of the circumstances. Mena
said the licensee, Laura Diaz has an active Family Child Care License#198009860.
Mena said that based on background he poses an imminent risk to the
children and is prohibited to reside at the residence. Mena said that representatives of
the Department of Social Service (Los Angeles Regional Office, Ph. 323-854-5353)
will soon be inspecting the residence to confirm if— is residing at the child
care residence.
Exhibit D
On 12-23-08, I received a call from Mena. Mena told me that on 12-23-08 he
conducted an inspection of the Diaz Family Child Care at 526 E. Russell Street,
Azusa. Mena located sleeping in one of the bedrooms. Mena advised
that he is not allowed to be staying in the residence.
voluntarily left, but he refused to speak to Mena. Laura Diaz told Mena that
111.would no longer be staying there. Mena assessed Laura Diaz with a $500.00
civil penalty per: 1596.871 (a) H&S.
Based on the aforementioned information, the Licensee Laura Diaz is in violation of
1596.871 (a) H&S, and she shall not to allow to reside in a residential
child care center; otherwise, there is no public safety issues of concern for this family
child care center to operate granted that public parking and municipal code laws are
not violated.
If you have any further questions or concerns, please contact me at ext. 3211.
Rick Sanchez, Corporal
Administrative Division
2
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• Exhibit E
P -ling Sketch
Borrower/Client Diaz •
Property Address 526 E.Russell Street
City Azusa County Los Angeles State CA Zip Code 91702
Lender Mortgage International,Inc.
Covered Patio
38.0
Living Room
Bedroom Bedroom
Dining r= Bath
Area
c Bath
Kitchen
LJ r 1°R Bedroom
16.0
L C
2 Car Garage
J L
21 0
Comments:
Scale: 1.16
AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN
Code Descdpbon Slur Toted Breakdown Sublolala
01A3 rirst Floor 1091.00 1018.00 First Floor
GM Garage 613.00 483.00 23.0 a 31.0 674.00
8.0 a 16.0 166.00
5.0 it 12.0 60.00
TOTAL LIVABLE (rounded) 1078 3 Areas Total(rounded) 1078
Form SKT.BIdSkI IX"WinTOTAL'appraisal software by a la mode,inc.iX 1.800-ALAMODE
Exhibit F
EXHIBIT B
RESOLU T ION NO. 2009- 1 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA DENYING MINOR
USE PERMIT NO. MUP 2008-18, A REQUEST TO ALLOW THE. OPERATION OF A LARGE FAMILY
DAYCARE HOME, PROVIDING CARE FOR UP TO 14 CHILDREN WITHIN THE. NEIGHBORHOOD
GENERAL 3 LOW DENSITY RESIDENTIAL ZONE, AT 526 E. RUSSELL ST.
WHEREAS, the Planning Commission of the City of Azusa, having given notice as required by law,
held a public hearing on the application of Laura Diaz for Minor Use Permit No. MUP 2008-18 to allow the
operation of a Large Family Daycare Home within a single-family home located within the NG3- Low
(Neighborhood General 3 Low Density Residential) zoneat 526 E.. Russell St., Azusa; and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony, documents, the
staff report, and other information offered in the case as presented at the public hearing
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1 : Pursuant to California Environmental Quality Act, Section 15301 , Class 1 -- Existing
Facilities, this project is categorically exempt.
SECTION 2: That in accordance with Section 88.51 .040.F of the Azusa Development Code, the
Planning Commission hereby denies Minor Use Permit MUP No. 2008-18, based on the following findings:
A. The design, location, size, and operating characteristics of the proposed activity are not compatible
with the existing and future land uses in the vicinity
The location and operating characteristics of the proposed activity are incompatible with the existing
and future land uses in the vicinity due to parking and access issues and the lack of exclusively
delineated parking spaces for drop off and pick up areas. Evidence at the hearing showed that the
driveway was used for residential parking, limiting its use for drop off and pick up, and resulting in a
lack of the required delineated parking spaces.
There was also evidencethat the small size of the home is incompatible with its use as a large family
day care home housing up to 14 children. Furthermore, the proposed use will result in an
intensification of the residential use and impact properties in the vicinity with an increase in traffic to
and from the home and the potential to generate addlional noise during hours of operation.
B. Granting the permit would be detrimental to the public interest, health, safety, convenience, or welfare,
or materially injurious to persons, property, or improvements in the vicinity and zoning district in
which the property is located:
The proposal does not satisfy safety concerns due to the presence or possible presence of a parolee at
the day care facility and the difficulty to enforce Conditions of Approval related to the parolee, who
was discovered sleeping in the residence on Dec. 2.3, 2008 during an inspection conducted by the State
Department of Social Services. The parolee has provided the Azusa Police Department Booking
Officers with a home address of 526 E. Russell St, Azusa, CA. It would be difficult to enforce any
Conditions of Approval related to prohibiting the parolee from being present at the day care facility
until the parole period is over. Due to the nature of the crime,which involved a threat of death or great
bodily injury, and the conclusion of the State Department of Social Services that the parolee poses an
imminent risk to the children,the concern for the safety and welfare of the children is vey great.
Resolution No. 2009-
May 13,2009
MUP 2008-18
Page 2 of 2
SECTION 3: Based on the aforementioned findings,the Planning Commission hereby denies Minor
Use Permit No MUP 2008-18 for the property located at526 E. Russell St., Azusa, California
SECTION 4: The Secretary shall certify to the adoption of this resolution.
ADOPTED AND DENIED the 13th day of May, 2009.
sl
' . .p.z..,..40 \ . \'''' ‘Q..4),4_,.
AZUSA PLANNING COMMISSION CHAIRMAN
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Azusa at a reguir meeting thereof held onthe I311'day of May,2009, by the
following vote of the Planning Commission:
AYES: ALVA, RENSTCHLER, DODSON, ROSALES
NOES: NONE
ABSENT: GI S
AB••T IN: N N .
\�
AZUSA PLANNING COMMISSION SECRETARY
EXHIBIT C
•
05/27/2009 13: 58 6263345b,1 CHEK CASHING PAGE 02
'` •
��... • . •r ,. . . • • •
r---------
NOTICE OF APPEAL "
:,,..,_.:• ' r 6-A,TrYgik. -=o :� :dv= THE CITY COUNCIL
C)TYOF
C.
IZU51� rr of THE CITY OF AZUSA FROM ACTION OF •
THE AZUSA PLANNING COMMISSION
The undersigned hereby appeals to the city Council of the City of
Azusa, California , from a decision made by the Azusa Planning
Cor ni,eSioni and petitions for a public hearing on said decision. •
•
Whereas the Azusa Planning Commission on the date of u 13 2_n
• in reference to Case Nuuber l.1t�;p_ lob �-- l , •
by Planning Commission Resolution Number u i'\1,,. h c Ni e\ ,
tcsok the following action:
• d t.v\i'ea A•$ i am's (I\t)\rGI Dt u I (-el, \- -For n Mor
Ow_ kirm‘4-' --c '01 e di.Ak. a free FMi\9 Lin.\ (ctrl Pa -c1vii,
• And, whereas the undersigned believes that the Planning
CD commission did,, (a) err in its findings and/or decision: (b)
CD failed to conform to the requirements of the Zoning Chapter of
LLJ �- the Azusa Municipal Code as follows:
eL See . O 1( '<e(1 1t-- r C c -q.J c.
>-
F.-- c.,,
U
•
Ge, And, whereas by the granting of this appeal, the public
t� nadessity, convenience, welfare, or good planning practice would
,, , be served as follows :
ee cOtadld k tib" -[-pr Ael--ci (ks ,
•
•
Therefore , the undersigned does hereby respectfully request the
City Cotlncil of the City of Azusa , California, to hear this
appeal , and take action to: /'
�p o 01
099�icavit's
a0Yt on .
„.24?
-IJn-E 2, 100 1 Signed: „ �. rC�—' .
(Date) J
• Addrease 2fp e-,. 4l�tcse \` S 1''
A Zorn Cf q L .7-o2.
r
- Relationship of Appellant to said Action:
✓ Applicant Resident
• Owner Other ,
(Specify )
r•"' To be filed in triplicate in tho Office of. t e ity Clerk
'. of the City of Azusa. An appeal fee of , "� : 11
be required. ,,
BGHRD OF DIRECTORS
TANYA M.ACKER OFT7CER5 OF THE BOARD
Gomalsant MARTIN, ZOHN'
JONATHAN H.ANSCHELL 1 Chairperson
CBS Television Prosknuer Rose LLP
.RANDS APRIL"' rn STEPHEN E.PICKETT'
Skadden,Arps,Slate,Mmgher B Flom LLP W '� a:..•"'s Vice Chairperson
WAYNE M.BARSKY•' L A W CENTER N T E R Southern California Edison
Gibson,Dunn B Crutcher LLP MARTHA B.JORDAN'
(AMIE BRODER THE PUBLIC INTEREST LAW OFFICE OF THE LOS ANGELES COUNTY AND BEVERLY HILLS BAR ASSOCIATIONS Secremr+
Paul,Hasng,)anofskv B Walker LLP Latham&Watkins LLP
RICHARD J.BURDGE,JR The Southern California Affiliate of The Lawyers'Committee for Civil Rights Under Law MATTHEW T.HEARTNEY'
Hower LLP Treasurer
MORGAN CHU' Arnold&Porter LLP
LKARLY. PLEITEZDANIECVNER• HERNAN D.VERA
Sim Thacker Bartlett LLP
PHIL1nPECOOxB (213)385-2977 ext. 132 President/CEO
lona Dat ELIZABETH BLUESTEIN
CORY COPELAND kpleitez@publiccounsel.org Genal Counsel
LerisNeds
o PAUL L FRE.SE,1R
DYAN A DECKER Director of Litigation&Advocacy
Priceuaterho seCoopers LLP
MARK H.EPSI UN
Munger,Toles&Olson LLP
GREGORY EVANS
Milbank,Tweed,Hadley&McClw LLP
MICHAEL I.FINNEGAN
Pilshun WinthropD Shaw Pimnan LLP
WILLIAM FLUMENBAUM
The Cappetral croup Camtan,ei Inc.
LAURENCERGOLDMAN June 2 2009
Fluid and Goldman,APLC t
KARLENE GOLLER"'
Los Angeles Tones
JAMES GORTON'
Latham&Watkins LLP
DAN HATCH
Major,Lindsey&Africa
MELISSA D.INGALLS
Kirkland&Elis LLP
DAVIDG.IOHNSOm Re: APPEAL to City Council of Minor Use Permit Denial to allow the operation of
The)oFasson-Roessler Campam
LOUIS A.KARASIK
Alston&Bird LLP a Large Family Day Care Home at 526 E. Russell Street.
PETER J.KENNEDY
Reed Smith LLP
EDWARD P.LAZARUS
Akin Gump Strauss Hauer&Feld LLP
IEROMEL.LEVINE Dear Members of the Azusa City Council:
Holland B Knight LLP
DAVID IL LIRA
Girardi&Kase
SALVADOR MENDOZA
Ctrs MARC nMARMARO" This letter is submitted in support of Mrs. Laura Diaz's appeal (hereinafter Mrs. Diaz) of the
Jeff,,,Mange:,Burin&
Mannar,LLP
MARTIN R MELONE May 13, 2009 resolution of the Azusa Planning Commission denying her a Minor Use
ROBERT A_MEYER
Loeb OLON
E N.MILLER'Loeb Permit (MUP) to operate a large family child care home at 526 E. Russell Street in the City
THEODORE
Sidles Austin LLP
CHRISTOPHER A.MURPHY' of Azusa.
DIRECTV
RONALD J.NESSIM
Bird 14.4.Baur,Wotpert Nnshm Uaolw N Lina<abng
STEVEN A.NISSEN
NBC Universal I. Facts and Procedural Background
THOMAS J.NOLAN
Skadden,Arps,Slate,Meagher B Flom LLP
DAVID E.NOLTE
Fulcrum Inquiry
HEIL ogan H'HANL
Hogan On October 8, 2008, Mrs. Diaz received a letter from the City of Azusa informing her that a
B Hanson LLP
KENNETH W.ODER"
WILLIAM Wg.rOXLEY Minor Use Permit and Home Occupation Business License are required to operate a large
LAURAHR PEIROFFoI e LLP
Winston B Straum LLP family child care facility within the City. On November 20, 2008, Mrs. Diaz submitted an
BARRY PORTER
Clarity Partners
ANTHONY L PRESS application to obtain a MUP along with a fee of$1,158.
Morrison 8Foemer LLP
WILLIAM T.QUICKSILVER'
Manan,Phelps B Philips,LLP
Lau,Offices of bona Raskin KIN On April 29, 2009, the City of Azusa mailed Mrs. Diaz a "Notice of Public Hearing"with
Lau,
PHILIP R.RECHT
RICKI&ROTHIe NMaw LLP respect to her application for a MUP, which was to take place on May 13, 2009. On May
Bingham ORE A.RUSSELL
en LLP
THEODORE RUSSELL 14, 2009, Mrs. Diaz received a letter from the City stating that her MUP application was
Fa EntertainmentC Group,Inc
MARKA.SAMLJELS denied and that she has until June 2, 2009 to appeal this decision. (See Exhibit A). The
O'Melven.&Myers LLP
ALLAN L SCHARE
McDermott Wil&Erne,.LLP letter did not state whyMrs. Diaz's MUP application was denied.
DAVID L SCHRADER pP
Morgan,Levans H Bockius LLP
ROBERT L SCHUCHARD
Davis Wright main LLP
Tre
IEFFB-SCOTT After receiving the denial letter, Mrs. Diaz followed up with City of Azusa planners to
Gee ober€Trmrtig.LLP
ROBERTF.SCOUTAR• request a written explanation of the MUP denial. On May 21, 2009, Kim Pilmer—the City
Sonnemchcin Nath B Rosenthal LLP
ROMAN M.SILBERFELD•'
Rulams,Kaplan,Miler B Cirri LLP. s
PATRICIASINCLAIR of Azusa Assistant Planner—responded in written form and explained that Mrs. Diaz's
Plata Vista
DARRYL SNIDER MUP request was denied because:
Sl<ppard Mullin,Richter&Hampton LLP
MICHAEL S.SPINDLER
Delairre Financial Advisory Services LLP
MICHAEL H.STEINBERG
Sullivan BCromwell LLP 1. The Planning Commission believed that granting the permit would be detrimental
BRIAN R STRANGE'
Strange F.AN
&Carprnter
RAN to the public health, safety, convenience and welfare due to safety concerns
DALL I.SUNSHINE
Liner Yankeleviro Sunshine®Regenrreif LLP
PAUL W.SWEENEY,JR'
KBLGates LLP related to the presence or possible presence of the parolee at the day care facility
GAIL MIG DAL TITLE'
Kamm Machin Rosenman LLP and the difficulty of enforcing conditions of approval related to the parolee; and
FELIX A.URENA,IR-
The
RKS. ate WALLACEBanknFireoGroup 2. The design, location, size and characteristics of the activity would be incompatible
MARK S. LACE
Stumm,Tremor&Giant
ROBERT S.WOLFE with the existing and future land uses in the vicinity due to parking and access
Cal ornia Coum of Appeal
TRAVERS D.WOOD
White&Case LLP
KENNETH ZIFFREN
Ziffrrn Ikinenham LLP
DAPHNA EDWARDS ZIMAN
Edwards Entertainment Intl
Executive Committee Member
"Past Chairperson
MAIL:P.O.BOX 76900•LOS ANGELES,CA 900760900•TEL 213.385.2977 FAX 213.385.9089•WWW.PUBLICCOUNSEL.ORG
"There is no greater justice than equal justice."
issues and the lack of exclusively delineated parking spaces for drop-off and pick
up areas.
II. California Law Encourages Family Child Care and Protects Applicants such
as Mrs.Diaz from Arbitrary Action
The California Child Day Care Act(California Health&Safety Code Sections 1596.70,et
seq.)(the'Act")significantly limits the power of municipalities to regulate family child care
homes. The Act provides,in relevant part:
• It is the intent of the Legislature that family day care homes for children should be
situated in normal residential surroundings so as to give children the home
environment which is conducive to healthy and safe development. It is the public
policy of this state to provide children in a family day care home the same home
environment as provided in a traditional home setting.
• The Legislature declares this policy to be of statewide concern with the
purpose of occupying the field to the exclusion of municipal zoning,building
and fire codes and regulations governing the use or occupancy of family day
care homes for children,except as specifically provided for in this chapter,
and to prohibit any restrictions relating to the use of single-family
residences for family day care homes for children except as provided by this
chapter. (Health&Safety Code Section 1597.40(a)(emphasis added).)
In order to ensure that local agencies advance this important policy,the California
Legislature has removed most of the discretion that municipalities might otherwise have to
regulate Family Day Care Homes. Pursuant to the provisions outlined in the Act,cities
must permit the operation of large family day care homes in residential
neighborhoods if those homes comply with reasonable standards,restrictions and
requirements concerning(1)spacing and concentration,(2)traffic control,(3)
parking,and(4)noise control. See Health&Safety Code Section 1597.46(a)(3).
A city ordinance that imposes restrictions beyond those allowed by those particular
provisions of the Health&Safety Code is invalid and subject to judicial review by writ of
mandate. See Angelheart v.City of Burbank,232 Cal.App.3d 460(1991).
Unless the City's ordinance relating to large family day care homes is applied in a manner
which is consistent with the requirements of the Health&Safety Code,it is invalid and will
not withstand judicial scrutiny.
Ill. The Planning Commission's Denial of Mrs.Diaz's MUP Application to
Operate a Large Family Child Care Program Violates State Law
According to the written response by Assistant Planner Pilmer,Mrs.Diaz's MUP
application to operate a Large Family Child Care Program was denied due to:1.concerns
Page 2
over public health and safety; and 2. parking and access concerns. These concerns are
not valid legal reasons for denying Mrs. Diaz's request for a MUP.
1. Concerns Over the Public Health, Safety, Convenience and Welfare of the
City
At the May 13, 2009 Planning Commission hearing, Commissioners stated they were
concerned to grant Mrs. Diaz's MUP to operate a Large Family Child Care application
because her son, Mike Diaz, posed a public health and safety risk due to his previous
criminal record.
Under California law, the City is prohibited from considering health & safety conditions
when deciding whether to grant an application for a large family day care MUP. As stated
above, the California Child Day Care Act promotes family child care homes in normal
residential surroundings which are conducive to the health and safe development of
children. The City may only impose reasonable standards, restrictions, and requirements
regarding (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise
control, See Health & Safety Code Section 1597,46(a)(3). This means that the City
cannot deny a MUP on the basis of health and safety considerations.
While it is commendable that the City is concerned with health and safety issues, we want
to assure the City that this is a regulatory issue that the California Community Care
Licensing Division takes very seriously. Mrs. Diaz would not be licensed to operate a child
care facility if her son was living in her home and/or posed a safety issue to any of the
children.
Lastly, even if the City of Azusa could consider these supposed health and safety issues,
Mrs. Diaz's son does not live in the home here at issue. (See Exhibit B, proof that that
Mrs. Diaz's son—Mike Diaz—is living in La Puente, California.)
2. Parking and Access Issues
The Planning Commission also found that the design, location, size and characteristics of
the large family day care would be incompatible with the existing and future land uses in
the vicinity due to parking and access issues and the lack of exclusively delineated parking
spaces for drop-off and pick up areas.
Diaz Day Care is located at 526 E. Russell Street in Azusa, which is a lightly traveled
residential street. Mrs. Diaz has never received complaints from her neighbors regarding
parking and access issues. This is evidenced by the fact that in response to Mrs. Diaz's
MUP application to operate a Large Family Child Care program, ONLY one neighbor
expressed concerns that increasing the size of the family day care home would increase
traffic in the morning and evening when children are dropped off and picked up. in short,
parking has never been an issue mentioned by any of the neighbors.
Page 3
City planners have informed Mrs. Diaz that in order to operate a Large Family Child Care
Program, she would need to have two open parking spots, one in her driveway and one on
the street right by her house. Mrs. Diaz is able to and happy to comply with these
requirements. (See Exhibit C, pictures demonstrating that there is plenty of street parking
surrounding the home at issue). Because there is adequate parking on the street and in
Mrs. Diaz's driveway, Diaz Day Care does not pose the parking and access issues stated
during the May 13, 2009 hearing.
IV. The Strict Application of the Azusa Municipal Code MUP Conditions to
Family Child Care Home MUPs Violates State Law
The City's Municipal Code with regard to MUPs clearly does not take into consideration the
Child Day Care Act. As applied to family child care, the Azusa Municipal Code's MUP
conditions violate State law. Therefore, these conditions are inapplicable when deciding
an application for a large family day care MUP.
Article X, Section 88.42,100B(a) of the Azusa Municipal Code sets forth home occupation
performance standards. "Home occupations, as defined in Article XIV(Definitions) of this
Chapter, are uses that generally do not interrupt or interfere with the general nature or
residential character of the residential neighborhood. Any low-intensity use is permitted as
a home occupation, provided that the use complies with all of the following performance
standards:
1. A business license shall be obtained for the home occupation use;
2. The primary use of the unit shall be as a dwelling;
3. No person, other than a resident of the dwelling unit, shall be engaged in
commercial use or employed in the home occupation;
4. No sign shall be displayed on the premises advertising the business conducted
in the dwelling;
5. No mechanical equipment shall be used other than that necessarily, ordinarily,
and customarily used for household or leisure purposes;
6. No commodities or products shall be sold on the premises;
7. No outside storage, display of materials or products, or operations shall occur
on the premises;
8. No alteration of the residential appearance of the premises shall be allowed;
9. No processes shall be used which pose potential hazards to public health,
safety, or general welfare;
10. Visitors, customers, or deliveries shall not exceed that normally and
reasonably occurring for a residence;
11. The home occupation shall not displace nor impede use of parking spaces
required by this Chapter for the residential use;
12. Activities conducted and equipment and materials used shall not change the
fire safety or occupancy classification of the premises;
13. No offensive odors shall be emitted;
Page 4
14. Compliance with the noise performance standards contained in Article IV,
Section 88.31.020 of this Chapter shall be required; and
15. Any required garage parking area shall not be converted into a work area or
storage area for the home occupation.
In California, municipalities are restricted from using such discretion in deciding whether or
not to grant a MUP to operate a large family child care home. As stated above, the
California Child Day Care Act promotes family child care homes in normal residential
surroundings which are conducive to the healthy and safe development of children. The
City may only impose reasonable standards, restrictions and requirements regarding (1)
spacing and concentration, (2)traffic control, (3) parking, and (4) noise control. See
Health & Safety Code Section 1597.46(a)(3).
V. The City Council Must Grant Mrs. Diaz's MUP Application
California State Law is clear: Family day care homes for children should be situated in
normal residential surroundings so as to give children the home environment which is
conducive to healthy and safe development. It is the public policy of California to provide
children in a family day care home the same home environment as provided in a traditional
home setting. In order to ensure that local agencies advance this important policy, the
California Legislature has removed most of the discretion that municipalities might
otherwise have to regulate Family Day Care Homes. Cities must permit the operation of
large family day care homes in residential neighborhoods if those homes comply with
reasonable standards, restrictions and requirements concerning (1) spacing and
concentration, (2) traffic control, (3) parking, and (4) noise control. Mrs. Diaz's MUP
application does not pose concerns regarding these four issues. Therefore, we
respectfully request that Mrs. Diaz's MUP application be granted.
Lastly, it is in the City of Azusa's best interest to grant Mrs. Diaz's MUP application. The
City has a vital need for Diaz Day Care. According to the Child Care Needs Assessment
Tool, the City of Azusa has a shortage of over 700 child care spaces. See
http://qismap.co.la.ca.us/childcare/. By granting Mrs. Diaz's MUP application the City of
Azusa will be moving closer to meeting the child care needs of families in the City of
Azusa.
For any further inquiries, please do not hesitate to contact me at the number above.
Sincerely,
Karla Y. Pleitez
Staff Attorney
Early Care & Education Law Project
Page 5
EXHIBIT A
05115/• 2009 14 : 13 6263345561 CHEK CASHING PAGE 09
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The Canyon City Gateway to the American Dream • • • •• ••-;
May 14 , 2009
Ms. Laura E . Diaz
526 E. Russell St.
Azusa, CA 91702
Re: Minor Use Permit MUP 2008-18— Minor Use Permit to allow the operation of a
Large family Daycare Home, providing care for up to 14 children within the
Neighborhood General 3-Low Density Residential Zone located at 526 E. Russell
Street
Dear Ms , Diaz:
During their regular meeting of May 13, 2008, the Planning Commission did not approve
your request for a Minor Use Permit to allow the operation of a Large Family Daycare
Home at 526 E. Russell St.
There is a twenty-day waiting period in which you or anyone else may appeal this action to
the City Council . If It is not appealed by June 2 , 2009 , before 5.30 p . m . , the action of the
Planning Commission will become final and a new proposal will be required in order to
approve the request. The fee for an appeal to the City Council is $726.00.
If you should have any questions relative to this matter, please feel free to call this office at
.(626) 812- 5289 .
Sin - rely,
Kimberly ismer
Assistant Planner
cc: Kurt Christiansen , Director of Economic and Community Development
Conal Mcnamara , Assistant Community Development Director
1>•\1Pbnnine\F,ptil,crricrtitr\1 t MirwrUset'erm1I\2oB1MUP 2300-10 526 Ru:oll SI(d3ycnrn}1PC Deritaf tuliw-up lolter.do•c
EXHIBIT B
- 05/29/2009 10 : 42 6263345! CHEK CASHING PAGE 03
•
SHEET METAL PENSION PLAN
OF SOUTHERN CALIFORNIA * ARIZONA NEVADA
P . O . B30X 10067
MANHATTAN BEACH , CA 90266--8367
ANNUAL PENSION STATEMENT
YEAR ENDING 12/2008
Please examine the following fora carafu
i s Incorrect ? ,r ��. Q correct
If �: r�g of the information
�: nt the correct Inf'ormati. cn next to tthsinformation in and return one copy of
this form to the .address shown above .
MIKE DIAL UNIGUE MEMBER Ip
722 SANDS5FR INt,S DR SM 1 3; 5 18`�
DA
LA FUEI�ITE CA 91746 'i E OFBIRTH
1 / 1341'778
LOCAL. UNION NUMBER : , 105
CONTRIB.ITIONS
PEN YR . END HOURS WORKED f N (A prior to Jan . i 73 1 ) CF
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2OC��, 363 . 5'0 2 r42 . 73
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TOTAL FUTURE CREDITS = C-
PAST 1 I r? CREDITS : 00C?
Contributions r,,{ less than 600 hours in any calendar gear from Jan , 1931
to Dec , 1 ,35 will not apply toward ! our pension benefit ,
benef . fi , C
ort ihut : a
n s ,fash than 37 _ hours fon calendar wears to 931 andfrom8through
I ^4Z will rnL appu to uour benefit .
Contributions of less than ;OO hours
r^r 17,2c7 r'1 d forward will n C7 'G
qpF iu tow a '.d ou
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If !Jou h a vn T WOconsecutive calendar years less than 37*
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Separat, � �?s� in Service , � you .mai ha ��� su � {.� at, t?ed a
The above stat omen . i s for
toe 5 notguar guarantee theh neri, •t;. ohcc�r r•�ctrt information only N andredits shownhs�r��e have not. been approved
and are5- s ; of information . Pension
approval by the roars of Trustees subjecttoRic�cli. fJ modification
a P P l 1 r a t i o r1 for Pension IH the '� 2. t*l�_ that a i•. n r. t'� 1
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05/29/2009 10: 48 6263345r CHEK CASHING PAGE 02
Sheet Metal Workers' Pension .Plan
OF SOUTHERN CAI,1FORNfA. ARIZONA & NEVADA
P.O. BOX 10067
MANHATTAN BEACH, CA 90206-8567
PHONE: (800) 947-4338
PHONE: (310) 798-8572
FAX: (310) 798-5092
To-: ll-Artive-PEri Atrn-PhrrrPartiriparrts---- - -- - ...-..- . . _. . . - .
Enclosed is your Annual Pension. Statement for hours reported to the Sheet Metal Workers' Pension Plan of
Southern California, Arizona and Nevada. Schedules for calculating Future Service Credit for different periods
are shown below:
flours Required from Hours Required Hours Required Hours Required Hours Required Future
Contribution Ante to Between Between Between Between Service
January 1981 1981 and 1985 1986 and 1991 ,I.992 and 1996 January 1997 - Credit
Less than 375 Less than 600 Less than 375 Less than 300 Less than 300 None
375- 562 600. 899 375-.562 300-599 300-649 One Quarter
563-937 900- 1,1.99 563 -937 600--899 650-999 Two Quarters
938- 1,499 1.200- 1,499 938- 1,499 900- 1.199 1,000- 1,349 Three Quarters
1,500 or more 1,500 or more 1,500 or more 1,200 or more 1.350 or more One year
Thank you,
Pension .Department
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PUBLIC HEARING ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: JOSEPH HSU, UTILITIES DIRECTOR
ys-
VIA: F.M. DELACH, CITY MANAGER ) '
DATE: JULY 7, 2009 / "
SUBJECT: ORDINANCE GRANTING ELECTRICAL DISTRIBUTION FRANCHISE TO
THE SOUTHERN CALIFORNIA EDISON COMPANY
RECOMMENDATION
Staff recommends that the City Council: (1) open public hearing and receive testimony on
ordinance to grant Southern California Edison a franchise in the City of Azusa; and (2) close
public hearing and conduct first reading by title only of following Ordinance:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, POLES, WIRES,
CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CONDUITS AND
CIRCUITSNECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER
AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THEY MAY
NOW OR HEREAFTER EXIST, WITHIN THE CITY OF AZUSA.
BACKGROUND
The Los Angeles County Board of Supervisors granted a Franchise to Southern California Edison
(SCE) for a period of 50 years from and after the effective date of December 28, 1956, to erect,
construct, operate, alter, maintain and use an electric distribution and transmission system, upon,
in, under and across highways and streets in Los Angeles County. The Franchise provides that if
any highway or street comes under the supervision and control of any city or public entity, that city
or public entity shall succeed all rights reserved to the County by the Franchise. As a result, the
City of Azusa has succeeded the County with respect to the Franchise to SCE and because the
current Franchise term has lapsed, SCE has requested an extension or new grant of franchise.
SCE applied to the City for a franchise extension on December 6, 2006, and on December 18,
2006, an extension was granted with the understanding that: (1) SCE would pay the City the
franchise fees under the expired franchise; and (2) that parties would continue to negotiate terms
and conditions of a new franchise. SCE originally sought a franchise with an indefinite term,
however, parties have negotiated changes and a proposed 30 year term is now presented to the City
Council for consideration.
State law requires this type of franchise to be granted by an ordinance at a duly noticed public
hearing not less than 20 days and not more than 60 days after the date of the passage of a
resolution setting the date of the public hearing. The City Council adopted said resolution on June
15, 2009 to set public hearing date for July 7, 2009, and staff advertised this public hearing in
accordance with the directions included in the adopted resolution.
Because the ordinance is a statutory requirement that is one time in nature, the City Attorney's
office has prepared the ordinance as an "uncodified" ordinance, meaning that it will not be
incorporated into specific sections of the Azusa Municipal Code (AMC) and so the ordinance is
absent any AMC code references. The ordinance must go through a first and second reading
before it can be formally adopted. SCE must submit written acceptance of the Franchise within 30
days of adoption of the ordinance by the City Council for the franchise to become effective.
The terms and conditions of the attached ordinance have been reviewed by both the City and SCE.
In general, the ordinance would continue to allow SCE to operate in Azusa much as it has done in
the past and to continue to serve some customers not served by the City's own public utility. The
franchise requires SCE to pay a 2% franchise fee on all gross receipts arising from the operation of
facilities in Azusa, except on sales of electricity within the city, which will be subject a fee of not
less than 1% of gross annual receipts.
The ordinance requires SCE to file an annual report of receipts for each calendar year. Some other
provisions include such things as an indemnity obligation for SCE; standards for making
improvements, installing and removing facilities, and making non emergency and emergency
repairs; communication procedures; a surety bond requirement; and franchise approval and
acceptance requirements.
FISCAL IMPACT
All costs associated with granting SCE the franchise will be paid by SCE. The fee revenues from
this franchise have averaged about $28,000 annually during the past three years.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, GRANTING TO SOUTHERN
CALIFORNIA EDISON COMPANY, ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE TO USE AND TO
CONSTRUCT AND USE, POLES, WIRES, CONDUITS
AND APPURTENANCES, INCLUDING
COMMUNICATION CONDUITS AND
CIRCUITSNECESSARY OR PROPER THEREFOR, IN,
ALONG, ACROSS, UPON, OVER AND UNDER THE
PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS
THEY MAY NOW OR HEREAFTER EXIST, WITHIN THE
CITY OF AZUSA.
WHEREAS, Southern California Edison Company (SCE) is a California
corporation and a public utility transmitting and distributing electricity by means of poles,
wires, conduits and appurtenances, including communication circuits, subject to the
Public Utilities Code of the State of California and the jurisdiction of the California Public
Utilities Commission(CPUC);and
WHEREAS, SCE wishes to construct, operate, maintain, upgrade, repair, replace
and use poles, wires, conduits, and appurtenances, including communication circuits,
necessary or proper therefor,in,along,across,upon,over and under the streets within the
City of Azusa,for the purpose of transmitting or distributing electricity through the City of
Azusa,and serves a limited number of retail,wholesale,resale or other electric customers
located within the City of Azusa;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Findings.
The City Council of the City of Azusa hereby finds and determines that the
recitals contained above are true and correct.
SECTION 2: Definitions.
Whenever in this Ordinance the words or phrases hereinafter in this section
defined are used, it is intended that they shall have the respective meanings assigned
to them in the following definitions (unless, in the given instance, the context wherein
they are used shall clearly import a different meaning):
ORANGE\AM ORR IS\42009.20
A. The word "Grantee" shall mean the corporation to which the Franchise
contemplated in this Ordinance is granted, Southern California Edison Company,
and its lawful successors or assigns.
B. The word "City" shall mean the City of Azusa, a municipal corporation of
the State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
C. The word "Streets" shall mean the public streets, ways, alleys and places
as the same now or may hereafter exist within the City.
D. The phrase "poles, wires, conduits and appurtenances" shall mean poles,
towers, supports, wires, conductors, cables, guys, stubs, platforms, cross arms,
braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-
outs, switches, appliances, attachments, appurtenances and any other property
located or to be located along, across, upon, over or under the Streets of the City
and used or useful, directly or indirectly, for the purpose of transmitting or
distributing electricity and intelligence by electrical means for all lawful purposes,
pursuant to agreements between Grantee and third parties.
E. ' The phrase "construct and use" shall mean to lay, construct, excavate,
encroach, erect, install, reinstall, operate, maintain, use, repair, modify, replace,
relocate, or remove any Facilities used for transmitting and distributing electricity
for all purposes within the Streets.
F. The term "Facilities" shall mean the poles, wires, conduits and
appurtenances, or any of them, of any kind installed or constructed by Grantee
as described in section (d) above.
G. The word "Franchise" shall mean and include any authorization granted
• hereunder in terms of a franchise, privilege, permit, license or otherwise to
construct and use poles, wires, conduits and appurtenances, including related
communication conduits and circuits, for transmitting and distributing electricity
for any and all lawful purposes in, along, across, upon, over, and under Streets
within the City.
SECTION 3: Right to Serve
As authorized by the California Constitution and by statute, City owns, operates
and maintains a publicly-owned electric utility. As of the adoption of this Franchise,
City's electric utility provides service to most areas and consumers within the City. In
addition to owning, operating and maintaining today or in the future Facilities that are
used to transmit and deliver electric power to end use customers located outside the
City, Grantee provides retail service to the areas of the City and customers not served
by City's own utility. City acknowledges that some of the areas it does not serve are part
2
ORANGEAMORR IS142009.20
of Grantee's service territory as authorized by the California Public Utilities Commission
(CPUC) and are the areas and customers that are the subject of this Franchise.
SECTION 4: Grant of Franchise.
(a) Pursuant to and in accordance with the provisions of the Franchise Act of
1937, Public Utilities Code §§6201 , et seq., the City hereby grants to Grantee and its
lawful successors and assigns a Franchise to construct and use Facilities for the
purposes of transmitting and distributing electricity for any and all lawful purposes,
within the City, upon poles, wires, conduits and appurtenances, including
communication conduits and circuits, and secondary uses of excess available capacity
of Facilities as authorized by Grantee's Certificate of Public Convenience and
Necessity, tariff and/or any final decision or order of the California Public Utilities
Commission, pursuant to agreements between Grantee and third parties, necessary or
proper therefor, along, across, upon, over and under the Streets within the City of
Azusa.
The City may issue a blanket fee permit to Grantee for all work activities of
Grantee in public right-of way, in lieu of City's standard permitting process, in order to
reduce administrative costs of both City and Grantee. Such blanket fee permit shall be
in a form provided by Grantee to City, but subject to the reasonable review and approval
of City. Notwithstanding the foregoing, City shall be under no obligation whatsoever to
issue such blanket fee permit.
(b) Nothing in this Franchise in any way affects or otherwise requires Grantee
to provide, report or otherwise disclose to the City or its agents or other third parties,
any documents, maps, Facilities information, transmission/distribution systems,
generating plants, apparatus inventories, or other records that are considered
confidential, privileged, are otherwise protected or classified as "protected materials"
under Federal Energy Regulatory Commission (FERC) or CPUC Policies, or are defined
as Critical Energy Infrastructure Information (CEII) pursuant to 18 C.F.R. §
388.113(c)(1).
(c) This Franchise is granted in lieu of all other franchises owned by Grantee,
or by any successor of Grantee to any rights under this Franchise, for transmitting and
distributing electricity within the limits of the City, as said limits exist at the time of the
granting of this Franchise, and the acceptance of the Franchise hereby granted shall
operate as an abandonment of all franchises within the limits of the City of Azusa, as
such limits now or may hereafter exist, in lieu of which this Franchise is granted.
SECTION 5: Franchise Term.
This Franchise term shall be for a period of thirty (30) years from the effective
date as set forth in Section 17, provided that either party may notify the other in writing
of a desire to reopen franchise negotiations to address changes in applicable law which
3
ORANGE\AMORR IS\42009.20
affect the franchise, and/or the invalidity or unenforceability of any material provision
hereof. Pending resolution of those negotiations, the existing ordinance shall remain in
effect for two years following the date of notice of the reopened franchise negotiations.
SECTION 6: Franchise Fee.
(a Grantee shall pay to the City the sum provided by law, which is presently
two percent (2%) of the gross annual receipts of Grantee arising from the use, operation
or possession of the Franchise; except that this payment shall not be less than one
percent (1%) of the gross annual receipts derived by Grantee from the sale of the
electricity within the City.
(b) In the event the California Legislature amends the Franchise Act of 1937
or enacts any other state law which increases the electric franchise payment to cities to
a level greater than that provided in this Section 6, the City shall have the option of
prospectively employing the new legislative formula, which shall apply for the remaining
term of the Franchise. If the City exercises this option, the new legislative formula shall
be prospectively applied hereto either (at the City's sole option) on the effective date of
the legislation, or on some date subsequent to the effective date of the legislation.
SECTION 7: Verified Statement of Gross Receipts.
(a) The Grantee shall file with the City Clerk of the City of Azusa within three
(3) months after the expiration of the calendar year, or fractional calendar year,
following the date of the granting of this Franchise, and within three (3) months after the
expiration of each calendar year thereafter, a verified statement substantially in the form
attached hereto as exhibit "B" showing in detail the following:
(1) The total gross receipts of the Grantee during the preceding
calendar year, or such fractional calendar year, from the sale of electricity within
the City;
(2) The total gross receipts of the Grantee during the preceding
calendar year, or such fractional calendar year, from the use, operation or
possession of this Franchise; and
(3) The method and supporting calculations used to calculate the
franchise fees which are payable to the City in accordance with this Franchise,
including any municipal public lands use surcharge payable pursuant to Sections
6350 et seq. of the California Public Utilities Code,
(b) The Grantee shall pay to the City within fifteen (15) days after the time for
filing said statement, in lawful money of the United States, the aforesaid percentage of
its gross receipts for the calendar year or fractional calendar year, covered by said
statement. Any neglect, omission or refusal by Grantee to file said verified statement, or
to pay said percentage at the times or in the manner herein before provided, unless
4
GRAN GE\AMORR 1S\42009.20
promptly cured following notice, shall constitute grounds for the declaration of forfeiture
of this Franchise and of all rights of Grantee hereunder.
(c) The City Financial Officer, or any qualified person designated by the City
of Azusa, upon not less than sixty (60) days' prior written notice to Franchisee, may
make examination at the Franchisee's office or offices at any reasonable time during
regular business hours of such books and records of Franchisee, as are reasonably
necessary to verify the accuracy of Franchisee's franchise fee calculation for the prior
filing year, set forth in the annual statement required herein, subject to the following
terms and conditions:
(1) All books and records subject to examination by the City Financial
Officer, or other qualified person designated by the City of Azusa, shall be made
available within the Franchisee's office where they are maintained.
(2) Records need not be made available unless and until the City of
Azusa executes and delivers to Franchisee written confirmation that the City's
request to examine the books and records is made pursuant to its audit rights
herein and written confirmation that City of Azusa shall use the information
obtained only for purposes of the audit, shall not disclose any information it
obtains to third parties without the prior written consent of Franchisee, and that it
shall maintain the confidentiality of any information reasonably designated by the
Franchisee as confidential. Nothing herein shall be construed to require
Franchisee to make available information which constitutes private or confidential
information pertaining to specific customers of Franchisee, without the prior
written consent of the customer(s) involved.
(3) City of Azusa shall provide Franchisee with comprehensive, written
results of its audit. In the event City's audit reveals an error in the Franchise fee
amount set forth in the statement being audited, the following provisions shall
apply:
(i). If the audit determines that additional Franchise fees are due,
and if Franchisee agrees with such determination, the additional Franchise fees
shall be paid within fifteen (15) business days after City's written demand
therefor. Failure to pay such charge shall be grounds for forfeiture of the
Franchise.
(ii). If the audit determines that additional franchise fees are due,
but Franchisee disagrees with such determination, payment of the additional
Franchise fees shall be stayed pending Franchisee's appeal of the
determination to the City Council, which appeal shall be filed by Franchisee
within thirty (30) days of Franchisee's receipt, from City, of the written
determination that additional Franchise fees are due.
5
ORANGEIAMORR IS142009.20
(iii). If the audit determines that an overpayment of the Franchise
fee occurred, then City shall refund or apply funds as a credit to future franchise
fees due, the amount of the overpayment within fifteen (15) business days after
Franchisee's written demand therefor.
(4) In the event of a disagreement between the parties, each party shall have
all of the rights and remedies provided by the Franchise and by law.
SECTION 8: Publication Expenses.
The Grantee of this Franchise shall pay to the City a sum of money sufficient to
reimburse it for all publication expenses incurred by it in connection with the granting of
this Franchise, within thirty (30) days after the City shall have furnished Grantee with a
written statement of such expenses. The City Clerk shall cause this Franchise to be
published and posted within fifteen (15) days after its passage in three (3) public places
within the City as required by law.
SECTION 9: Conformity to Rules and Statutory Requirements.
The Grantee shall construct and use its Facilities in accordance and in
conformity with applicable statutory requirements and regulatory requirements of the
California Public Utilities Commission, all of the ordinances and rules adopted by the
City Council in the exercise of its police power and not in conflict with the paramount
authority of the State or the United States, and, as to state highways, subject to the laws
relating to the location and maintenance of such Facilities therein.
Grantee shall construct, install, replace and maintain its facilities in accordance
with the rules and regulations adopted by the California Public Utilities Commission,
State and Federal Laws, and as to state highways, subject to the laws relating to the
location and maintenance of such facilities. Before the work of constructing any poles,
wires, conduits, and appurtenances by the Grantee, Grantee shall file with the City
Engineer plans showing the location thereof, such construction shall be approved by the
City Engineer, which shall not be unreasonably withheld.
SECTION 10: Removal or Relocation of Facilities.
(a) The Grantee shall remove or relocate any Facilities installed, used and
maintained under the Franchise if and when made necessary by any lawful change of
grade, alignment or width of any public Street, way, alley or place, including the
construction of any subway, viaduct, pedestrian tunnel, traffic signal, street lighting
facility, or any other public works construction projects undertaken by the City and as
provided in the Public Utilities Code. Such removal or relocation shall be performed by
Grantee without expense to the City. However, Grantee shall not be required to bear the
expense of any removal or relocation made at the request of the City on behalf of or for
the benefit of, any developer or other third party. City will make good-faith efforts to
minimize the occurrence and frequency of projects requiring relocation of Facilities at
6
ORANGE\AMORRIS142009.20
Grantee's expense which have been relocated at Grantee's expense within the previous
seven (7) years.
(b) City shall endeavor to assist the Grantee with access and a right of entry
to private streets within gated communities located within the City and to all of Grantee's
facilities therein, but City shall have no obligation or responsibility to commence any
action in law or equity to compel any homeowners' association or other entity controlling
access to private streets within gated communities. By accepting this Franchise,
Grantee shall be deemed to have acknowledged that private streets in gated
communities that have not been dedicated or offered for dedication to the City shall not
be considered Streets for the purpose of this Franchise.
SECTION 11: Indemnification.
Grantee shall indemnify and hold harmless the City and its officers, agents and
employees from all liability for damages proximately resulting from any operations under
this Franchise, and shall be liable to the City for all damages proximately resulting from
the failure of Grantee to comply with each and every provision of this Franchise and the
Franchise Act of 1937.
SECTION 12: [RESERVED]
SECTION 13: Repairs, Excavation and Restoration.
The Grantee shall make all repairs to public property made necessary as a direct
result of the operations of the Grantee under the franchise.
In the event it is necessary to excavate a street for the purpose of maintaining,
replacing or installing Grantee's facilities, the resulting trench shall be repaired in
accordance with the rules and regulations adopted by the California Public Utilities
Commission, State and Federal Laws, and as to state highways, subject to the laws
relating to the location and maintenance of such facilities. Grantee shall also comply
with the pavement restoration standards attached hereto as Exhibit "A", which shall not
be amended except upon the mutual written agreement of the City and Grantee. The
rules and regulations adopted by the California Public Utilities Commission, State and
Federal Laws, and the requirements of Exhibit "A" shall collectively be known as the
"Pavement Standards".
If the trench repair work set forth above becomes defective meaning that such
repair work does not comply with the Pavement Standards and the failure or defect of
such repair is not due to ordinary wear and tear, City and Grantee shall utilize the
following repair protocol.
7
O R AN G E\AM OR R I S 142009.20
(a) Non Emergency Repairs.
City shall provide Grantee with written notice of the defect ("Notice of
Defect"). Such Notice of Defect shall include the exact location of the defect in
question. Thereafter, Grantee shall complete a commercially reasonable
temporary repair of the defect. Such temporary repair shall. be completed within
five (5) days receipt of the Notice of Defect. Grantee shall then be required to
complete a permanent repair of the defect within forty-five (45) days from
Grantee's receipt of the Notice of Defect. Nothing set forth herein shall be
construed so as to prohibit Grantee from completing a permanent repair in the
time frame set forth for a temporary repair or in any way preventing the City from
extending the repair period in the reasonable exercise of its discretion, provided
that City shall have no obligation to do so.
(b) Emergency Repairs.
For the purpose of this Subsection, an "Emergency Defect" shall mean a
defect in previously repaired or restored trench consisting of a three quarters inch
(3/4") or more separation in grade of the pavement and/or a pavement crack of
any length that is three quarters inch (3/4") in width. To the extent of an
Emergency Defect, City shall provide Grantee with a Notice of Defect.
Thereafter, Grantee shall complete a commercially reasonable temporary repair
within forty-eight (48) hours from receipt of the Notice of Defect. Grantee shall
then be required to complete a permanent repair within thirty days from receipt of
the Notice of Defect. Nothing set forth herein shall be construed so as to prohibit
Grantee from completing a permanent repair in the time frame set forth for a
temporary repair or in any way preventing the City from extending the repair
period in the reasonable exercise of its discretion, provided that City shall have
no obligation to do so.
(c) Coordination/Compaction Standards.
Grantee shall coordinate its repair activities taken pursuant to this Section
with the City by providing advance notice of any excavation of, or repair to City
streets. City shall have the right to have an inspector present to monitor such
repair work and to review and approve compaction tests prior to the completion
of said work.
(d) Self Help.
If Grantee believes that it will be unable to complete necessary repairs in
the specified time periods, Grantee may request that the City meet and confer
with Grantee prior to the expiration of the applicable time period to determine the
cause for the delay. If in the City's reasonable opinion, the work could not have
been completed within the applicable time period due to unusual or unforeseen
8
ORANGE\AM ORR IS\42009.20
circumstances, and the work is being reasonably prosecuted towards completion,
the City may extend the repair time periods. Alternatively, if Grantee has not
completed repair work as of the expiration of the applicable time period, City shall
have right to complete the necessary repairs that would have been required of
Grantee under the applicable requirements set forth above and Grantee shall
reimburse the City for the cost of the repairs.
SECTION 14: Sale, Transfer, Assignments, Lease of Franchise.
The Grantee shall file with the City within thirty (30) days after any sale, transfer,
assignment, or lease of this Franchise or any part hereof, or any of the rights or
privileges granted by this Franchise, written evidence of the transaction certified by
Grantee or its duly authorized officers. Payment of any fees due pursuant to Franchise
Fee payment provisions shall not be unreasonably withheld or delayed.
SECTION 15: Value of Franchise; Eminent Domain.
(a) This Franchise shall never be given any value before any court or other
public authority in any proceeding of any character in excess of the cost to the Grantee
of the necessary publication and any other sum paid by the City at the time of
acquisition.
(b) This Franchise shall not in any way or to any extent impair of affect the
right of the City to acquire the property of Grantee installed or constructed pursuant to
this Franchise, either by purchase or through the exercise of the right of eminent
domain, and nothing in this Franchise shall be construed to contract away or to modify
or abridge the City's right of eminent domain with respect to Grantee.
SECTION 16: Noncompliance.
The City, by its City Council, may declare this Franchise forfeited, if the Grantee
fails, neglects or refuses to comply with any of the provisions or conditions of this
Franchise, and does not within thirty (30) days after written demand for compliance
begin the work of compliance, or after such beginning, does not prosecute the work with
due diligence to completion. Provided, however, that Grantee shall be afforded due
process including reasonable notice and reasonable opportunity to cure any
noncompliance prior to the commencement of any termination proceedings.
The City may sue in its own name for the forfeiture of this Franchise, in the event
of noncompliance with any of the provisions or conditions thereof by Grantee.
SECTION 17: Written Acceptance Required.
This Franchise shall become effective when Grantee files written acceptance
hereof with the City Clerk which shall be within thirty (30) days after the adoption of this
Ordinance. Such written acceptance shall constitute a continuing agreement by the
Grantee that if and when the City later annexes, or consolidates with, additional
9
ORANGEIAMORR 1S\42009.20
territory, all franchises, rights and privileges owned by the Grantee therein shall be
deemed abandoned and subsumed by this Ordinance within the limits of the additional
territory.
SECTION 18: Bond.
The Grantee shall file within thirty (30) days after the date of the granting of the
Franchise and at all times during the life of this Franchise keep on file, with the City
Council a corporate surety bond running to the City, in the penal sum of Five Thousand
Dollars ($5,000.00) conditioned that the Grantee shall well and truly observe, fulfill and
perform each and every term and condition of this Franchise, and that in the case of any
breach of condition of the bond, the whole amount of the penal sum therein named shall
be recoverable from the principal and surety upon the bond. If the bond is not so filed,
or does not receive the approval of the City Council, the Franchise may be refused or
forfeited and any money paid to the City in connection therewith shall be retained by the
City. Grantee shall reinstate the bond limit or provide a replacement bond in the original
amount within 30 days after notice from the City that any amount has been recovered
from the bond.
SECTION 19: Municipal Public Lands Use Surcharge.
In addition to, and not in lieu of, payment of the franchise fee pursuant to Section
6 herein, Grantee shall collect and remit any applicable surcharge applied to electricity
transported over the Facilities, pursuant to Sections 6350 et seq. of the California Public
Utilities Code.
SECTION 20: Notices and Communications.
All notices, demands, approvals, consents, or other communications required or
desired to be given under this Ordinance shall be mailed, delivered or transmitted to the
party involved at the address indicated below:
If to Grantee: Southern California Edison Company
Local Public Affairs
C/o Franchise Department
2244 Walnut Grove Avenue
GO 1 , Quad 4C
(626) 302-4904 (626) 302-6870 (fax)
If to City: City Clerk
City of Azusa
P. O. Box 1395
Azusa, CA 91702-1395
(626) 812-5229 (626) 812-5155 (fax)
10
ORAN GE\AM OR R IS\42009.20
Each such notice, demand, approval, consent or other communication shall be
deemed effective and given (i) upon receipt, if personally delivered, (ii) upon being
transmitted, if sent by electronic form, such as email, telegram, telex or telecopy, if a
copy of the notice is also sent by United States Certified Mail and provided receipt is
confirmed by a transmission report or otherwise, (iii)two(2) business days after deposit
in the United States mail, certified and postage prepaid, properly addressed to the part
to be served or(iv)upon receipt if sent in any other way. Any part hereto may from time
to time, by written notice to the other, designate a different address than that set forth
above for the purposes of notice, provided however, that no notice of a change of
address shall be effective until actual receipt of the notice.
SECTION 21: 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 22: This Ordinance shall become effective thirty (30) days after
its adoption.
SECTION 23: 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:
BEST BEST&KRIEGER LLP,CITY ATTORNEY
11
ORANGE\AMORRIS\42009.20
Exhibit A
Pavement Restoration Standards
[Attached behind this page.]
12
ORANGE\AMORRIS\42009.20
The California Inter-Utility
Site Restoration Committee
Site Restoration Guidelines
M
Pleacific icGasti
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Gas Ca.,'„'
A k'Serngra Energy'oxry
SOUTHERN CALIFORNIA
\-/--- EDISON PACLFIC BELL
Ve, ' Z er) An EDISON INTERNAT?ONAL°M Company
SDGE
iiiiiiie $* SOUTIIIIEST
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A mpTzi Lncrgy-ctwvs:sa
. August, 2001
I
1
Table of Contents
Sections Page No.
CALIFORNIA INTER-UTILITY SITE RESTORATION STANDARDS COMMITTEE II
COMMITTEE MEMBERS II .
INTRODUCTION TO THE SECOND EDITION II
PUBLIC UTILITIES USE OF STREETS & HIGHWAYS III
OBJECTIVES IV
• 1.0 REQUIREMENTS 1
2.0 DEFINITIONS • 1
3.0 . EXCAVATION 3
4.0 BACKFILL — GENERAL 3
5.0 NARROW TRENCHES 5
6.0 MECHANICALLY COMPACTED BACKFILL 6
7.0 BACKFILL COMPACTION REQUIREMENTS 6
8.0 BEDDING 7
9.0 BASE 8
10.0 PAVEMENT RESURFACING 8
FIGURE 1 - PAVEMENT RESTORATION 11
08/15/2001 California Inter-Utility Site Restoration Guideline Page II
i •
California Inter-Utility Site Restoration Committee
• Committee Members
Contact Company Phone
Steve Patino Pacific Bell (805) 546-7367
Chris Tran Southern California Edison (626) 302-2612
Rich Stockand Pacific Gas & Electric Company (415) 973-0500
Bruce Booking Southern California Gas Company (213) 244-4290
Ron Scott San Diego Gas & Electric Company (858) 654-8256
Bill Warren Verizon (909) 307-2649
Larry Copeland Southwest Gas Corporation (702) 364-3558
ii
INTRODUCTION TO THE SECOND EDITION
The Site Restoration Plans and associated text depicted in this guideline conforms to the
current edition of the Standard Specifications For Public Works Construction, (Greenbook).
This guideline is coordinated and prepared by the California Inter-Utility Trench Restoration
Committee, a working subcommittee of the Inter-Utility Coordinating Committee (IUCC). The
IUCC is comprised of active members from major utilities in California (Pac Bell, SoCal
Edison, SoCal Gas, PG&E, SDG&E, Southwest Gas Corporation, and Verizon).
This document provides the basic guideline for uniform restoration of excavations within
highways or streets in accordance with the Greenbook Standards. It is the responsibility of the
contractor or organization performing the excavation on, or adjacent to, a roadway to restore
the excavation to an as-like or better condition which is necessary to provide safe passage for
the traveling public.
This guideline is not intended to establish or create a legal standard. The criteria for site
restoration, methods and procedures are furnished solely for the purpose of information and
guidance and to make available a uniform and easy to use publication.
This guideline will be updated as required to conform with any future changes in the Fede(al
Department of Transportation (D.O.T.) and. Greenbook publications.
•
08/15/2001 California Inter-Utility Site Restoration Guideline Page III
PUBLIC UTILITIES USE OF STREETS & HIGHWAYS
Pacific Bell, and Verizon, as telephone utilities, have been granted by the State the right to
use public streets. This grant, known as the state franchise is found in Section 7901 of the
California Public Utilities Code. Section 7901 provides that:
"Telegraph or telephone corporations may construct lines of telegraph or telephone lines
along and upon any public road or highway, along or across any of the waters or lands within
this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires,
and other necessary fixtures of their lines, in such manner and at such points as not to
incommode the public use of the road or highway or interrupt the navigation of the waters."
Southern California Edison, San Diego Gas & Electric and Pacific Gas & Electric
Companies, as electric utilities, have been granted by cities and counties the right to use
public streets. This grant, known as the city or county franchise is found in Section 6265 of
the California Public Utilities Code. Section 6265 provides that:
".., and every electric franchise so granted confers upon the grantee thereof the right to use,
or to construct and use, poles, wires or conduits and appurtenances for the purpose of
transmitting and distributing electricity for all purposes, under, along, across, or upon the
public streets, ways, alleys, and places as they now or hereafter exist within the municipality."
San Diego Gas & Electric, Southwest Gas Corporation and Pacific Gas & Electric
Companies, as gas utilities, have been granted by cities and counties the right to use public
streets. This grant, known as the city or county franchise is found in Section 6265 of the
California Public Utilities Code. Section 6265 provides that:
"Every gas franchise granted pursuant to this chapter confers upon the grantee the right to
use, or lay and use, gas pipes and appurtenances for the purpose of transmitting and
distributing gas, every oil franchise so granted confers upon the grantee thereof the right to
use, or lay and use, oil pipes and appurtenances for the purpose of transmitting and
distributing oil or products thereof; every industrial gas franchise so granted confers upon the
grantee the right to use, or lay and use, industrial gas pipelines and appurtenances for the
purpose of transmitting and distributing industrial gas;... and every electric franchise so
granted confers upon the grantee thereof the right to use, or construct and use, poles, wires or
conduits and appurtenances for the purpose of transmitting and distributing electricity for all
purposes, under, along, across, or upon the public streets, ways, alleys, and places as they
now or hereafter exist within the municipality."
Southern California Gas Company, as a gas utility, has been granted by cities and counties
the right to use public streets. This grant, known as the city or county franchise is found in
Section 6265 of the California Public Utilities Code. Section 6265 provides that:
"Every gas franchise granted pursuant to this chapter confers upon the grantee the right to
use, or lay and use, gas pipes and appurtenances for the purpose of transmitting and
distributing gas, every oil franchise so granted confers upon the grantee thereof the right to
use, or lay and use, oil pipes and appurtenances for the purpose of transmitting and
distributing oil or products thereof; every industrial gas franchise so granted confers upon the
grantee the right to use, or lay and use, industrial gas pipelines and appurtenances for the
purpose of transmitting and distributing industrial gas;
08/15/2001 California Inter-Utility Site Restoration Guideline Page IV
•
OBJECTIVES •
The members of the Inter-Utility Coordinating Committee (IUCC) recognize their obligation to
restore all streets, lanes, and highways to the condition they were in prior to being opened
and to inspect excavation sites after the necessary repairs have been made. This guideline
has been developed to ensure that all member utilities of the Inter-Utility Coordinating
Committee have a means, as part of their operating procedures, a recognized, uniform
guideline and associated procedures for backfill, compaction and resurfacing public ways.
The guidelines are consistent with and conducive to the fundamental State policy of
ensuring uniform and efficient utility services to the public.
The public's perception of the quality of work performed by the utility industry is very
important to the California Inter-Utility Trench Restoration Committee members and
respective companies. The goal is to preserve and enhance the quality and consistency of
work performed by the industry. One step in improving workmanship and performance was the
development of the Site Restoration Guidelines.
By each company adopting and adhering to the same minimum restoration guidelines the
IUCC has accomplished this goal.
Overview:
I. The utility companies that represent the California Inter-Utility Trench Restoration
Committee have adopted and implemented the use of the Site Restoration Guideline
{l _ as a minimum guideline for their company. •
II. These same guidelines apply to contractors performing work for the utility companies.
III. The guideline provides the minimum restoration requirements to ensure the
performance of the restored site.
IV. The guideline provides consistency and uniformity of site restoration.
V. The guideline eliminates excessive or unnecessary pavement removal and
restoration.
VI. The guideline provides a process for inspection to ensure quality and conformance to
uniform guidelines.
VII. By adopting and adhering to these guidelines, we develop a benchmark to evaluate
performance of restorations, and to ensure that best practices are incorporated.
VIII. The guideline provides uniformity of engineered drawings.
08/15/01 California Inter-Utility Site Restoration Guideline Page 1 of 11
Purpose
To provide guidelines for general site restoration Effective Date: 09-96
requirements including attainment of relative soil Last Review Date: 09-98
compaction densities. It also provides guidelines for Last Revision Date:
restoration of road structures including pavement Edition: 2
resurfacing.
Current Status: 08//01
•
1.0 Requirements
All work shall be in compliance with the State of California standards as they pertain
to utility street excavations and repairs unless modified by these guidelines.
Prior to commencing any planned excavation, the location of subsurface installations
owned and operated by utility companies, municipalities or other governmental
agencies shall be verified by calling Underground Service Alert (USA). It is
recommended to contact the owners of subsurface facilities if they are, not members
of USA. Each utility company shall contact USA at least 2 working days, but not more
than 14 calendar days, prior to commencing any non-emergency excavation. In an
emergency, each utility company should make a reasonable attempt to contact USA
and any known facility owners that may have subsurface installations in area prior to
the excavating.
For specific locating and marking requirements, refer to the USA South
(http://www.digalert.org/) or USA North (http://www.usanorth.org/) websites for surface
delineation and mark-out guidelines.
2.0 Definitions
2.1. Backfill — a material (usually that processed during the excavation operation)
used to fill. excavations. Or the process of filling excavations.
2.2. Bedding - Bedding shaft be defined as that material supporting, surrounding
and extending to a minimum of six-inches (152 mm) compacted material
above the pipe or conduit. For purposes of this procedure, bedding shall
include shading.
2.3. Clay- very finely textured soil which, when moist, forms a cast which can be
handled freely without crumbling/breaking; that exhibits plasticity; and when
dried, breaks into very hard lumps (i.e., high dry strength) and is difficult to
pulverize into a soft, flour-like powder.
2.4. Cold Patch (or temporary bituminous resurfacing) - a bituminous concrete
made with slow curing asphalts and used primarily as a temporary patching
material.
2.5. Compaction - densification of suitable material and gravel that has been used
to backfill an excavation by - mechanical tamping to within a specified
f'
08/15/01 California Inter-Utility Site Restoration Guideline Page 2 of 11
percentage of maximum dry density as determined by the modified Proctor
test in accordance with AASTHO T180 or ASTM D-1557.
2.6. Controlled Low Strength Material (CLSM) —a processed fill that does not
require compaction, and is used instead of compacted aggregates and other
materials as a backfill material.
2.7. Gravel - coarse to very coarse-grained soil ranging from approximately 0.1
inch to 3.0 inches. Gravel exhibits no plasticity.
•
2.8. Narrow Trench - a trench that is 6 inches (152 mm) wide (or less).
2.9. Organic Soil - soil high in organic content, usually dark (brown or black) in
color. When considerable fibrous material is the principal constituent, it is
generally classified as "peat." Plant remains or a woody structure may be
recognized and the soil usually has a distinct odor. Organic soil may exhibit
little (or a trace of) plasticity.
•
2.10. Plasticity - that property of soil that allows it to be deformed or molded
without crumbling (e.g., like dough or soft rubber). This property reflects the
•
capacity of soil to absorb moisture.
2.11. Poorly Graded - soil that contains a large percentage of its constituent
particles within a relatively narrow range; also referred to as "uniform" soil.
2.12. Sand - coarse grained soil in which the individual grains can be visually
detected. When moist it forms a cast, which will crumble when lightly
touched; when dry, it will not form a cast and will fall apart when confining
pressure is released. Sand exhibits no plasticity.
•
2.13. Sand Slurry — shall consist of portland cement, sand, and water (e.g., "one
sack" slurry consists of one sack (941bs.) of cement mixed with enough sand to
form one cubic yard. Water is added until desired strength and flowability is
• achieved).
2.14. Silt - finely textured soil. When moist, it forms a cast, which can be freely
handled; when wet, it readily puddles; when dry, it may be cloddy and readily
pulverizes into powder with a soft flour-like feel (i.e., low dry strength). Silt
exhibits little or no plasticity.
2.15. "Standard Specification For Public Works Construction, (Greenbook)" - a
publication promulgated to provide consistent and workable standards for the
construction industry. The publication is adopted and used by hundreds of
cities, counties and other agencies.
2.16. Well Graded - soil having its constituent particles within a wide range. Also
• referred to as "non-uniform" soil.
•
08/15/01 California Inter-Utility Site Restoration Guideline Page 3 of 11
3.0 Excavation
3.1. The surface of a roadway to be excavated for utility work shall be cut in
reasonably straight and parallel lines using a jack hammer, saw or other
accepted method to insure the least amount of damage to the roadway
surface. The pavement, including reinforcing steel on concrete roadways,
shall be cut the full depth of surfacing. The excavation shall only be between
these lines. The cutting operation shall not be done with a backhoe, gradall or
any type of ripping equipment.
4.0 Backfill — General
In keeping with waste management practices and being in conformance with
prevailing legislation, the Utilities prefer backfilling with the spoil removed from
excavation activities. However, the Utilities reserve the option to use alternate backfill
methods where job conditions or economics warrant. When this option is utilized, the
Utilities will take measures to assure, when possible, spoil removal to landfill is
avoided. Consideration will be taken to coordinate these practices with
municipalities, and agencies.
4.1. Backfill shall be considered as starting a minimum of six-inches (152 mm)
above the pipe or conduit, or at the top of concrete bedding over the pipe or
conduit. All material below this point shall be considered bedding.
4.2. All backfill shall be placed as specified in section 6.0, Mechanically
Compacted Backfill , and compaction requirements shall be in accordance
with section 7.0, Backfill Compaction Requirements .
4.3. Rocks greater than 6 inches (152 mm) in any dimension will not be permitted
in backfill placed between a minimum of six-inches above the top of any pipe
or conduit and 1 foot (305 mm) below pavement subgrade.
4.4. Rocks greater than 2-1/2 inches (64 mm) in any dimension will not be
permitted in backfill placed within 1 foot (305) mm of the pavement subgrade,
4.5. In restoring municipal streets, lanes and highways, utilities may utilize
approved native backfill material compacted to achieve soil density values
required by the "Greenbook" Standard Specifications For Public Works
Construction (latest edition).
4.6. Suitability of Backfill
The following subsections provide general guidelines and criteria to
determine whether a soil is suitable as backfill for utility excavations in
roadways. The ultimate objective is to obtain a finished road surface repair
which will undergo settlements only within acceptable performance limits as
defined within these guidelines for the functional life of the existing road.
Suitable backfill material is free of construction debris, trash, frozen soil and
• other foreign material. It consists of the following:
4.6.1. Well graded gravel and sand;
08/15/01 California Inter-Utility Site Restoration Guideline Page 4 of 11
4.6.2. Poorly graded gravel and sand;
4.6.3. Gravel-sand mixtures with a small amount of silt;
4.6.4. Gravel-sand mixtures with a small amount of silt and trace amounts of
clay.
•
4.6.5. Unsuitable backfill materials consist of the following:
4.6.5.1. Inorganic silts and clays;
4.6.5.2. Organic silts;
4.6.5.3. Organic soils including peat, humus, topsoil, swamp
soils, mulch, and soils containing leaves, grass, branches, and
other fibrous vegetable matter.
4.7. Evaluation of Excavated Soil
4.7.1. The soil removed from an excavation shall be evaluated by
experienced personnel to determine whether or not it is suitable as
backfill material in accordance with 4,6 Suitability of Backfill.
4.7.2. An excavated soil that has been evaluated as suitable backfill material
may be reused provided its moisture content has been determined to
be "suitable" in accordance with 4.8 Field Determination of Moisture
Content.
4.7.3. An excavated soil that has been evaluated as unsuitable backfill
material shall be removed from the site and disposed of properly. New
• material, which meets the requirements of 4.6 Suitability of Backfill,
shall be brought in to replace excavated soil found to be unsuitable.
4.8. Field Determination of Moisture Content
Optimum moisture content in suitable backfill soils is necessary for obtaining
required compaction.
4.8.1. Experienced personnel will conduct a field test of moisture content.
The test may be conducted using a moisture meter or, the following
"soil ball" test, or other industry approved methods.
08/15/01 California Inter-Utility Site Restoration Guideline Page 5 of 11
J '
4.8.1.1. Take a handful of the particular soil from beneath the
surface of a stockpile that has been removed from the
excavation and then;
4.8.1.2. squeeze the sample firmly making a closed fist;
4.8.1.3. open the hand and observe the condition of the soil
ball;
4.8.1.4. if the soil ball is loose and crumbly, the soil is too dry
• for compaction; •
4.8.1.5. if the soil ball drips water, the soil is too wet for
compaction;
4.8.1.6. if the soil ball holds together firmly or breaks into large
chunks, the soil has suitable moisture content for compaction.
4.8.2. Corrective treatment will be taken when moisture content is not
suitable.
4.8.2.1. After the remedial treatment, the soil shall be tested
again to assure optimum moisture level has been achieved.
4.8.2.2. If optimum soil moisture cannot be achieved, the soil
shall be removed from the site and replaced with an
acceptable backfill material.
5.0 Narrow Trenches
5.1. When narrow trenches are backfilled using trench backfill slurry (see
definitions, 2.8) the material may be placed in a single lift, using minimum
vibration to obtain consolidation.
5.2. Precautions shall be taken to prevent the pipe or substructure from floating or
becoming displaced.
5.3. The top of the trench backfill slurry shall be placed flush with top of the
pavement when steel plates are not placed over narrow trenches,
•
5.4. The trench backfill slurry shall be cut back to a minimum of 1 inch (25mm) •
but no greater than 8 in (200mm) below the existing pavement prior to placing
permanent paving.
5.5. For trenches 6 inches (150mm) or less in width, the compacted thickness of
asphalt concrete shall be 3 inches (75mm).
•
5.6. Mechanically compacted backfill in narrow trenches shall be placed per
Greenbook 306-1.3.1 and 306-1.3.2, except as modified herein.
5.6.1. Backfill shall not have any rocks greater in any dimension, than 1/4 the
width of the trench.
08/15/01 California Inter-Utility Site Restoration Guideline Page 6 of 11
5.6.2. Mechanically compacted backfill shall meet the relative compaction
requirements of Greenbook 306-1.3.6.
6.0 Mechanically Compacted Backfill
.6.1. Backfill shall be mechanically compacted by - tamping rollers, vibrating
rollers, stompers (impact-type pavement breakers), wackers, or other hand held
mechanical tampers.
•
6.2. Prior to mechanically compacting backfill, determine proper moisture content
of soil. Refer to 4.8 Field Determination of Moisture Content.
6.3. Material for mechanically compacted backfill shall be placed in horizontal
layers of thickness or lifts, which, prior to compaction shall not exceed the
thickness specified below for the various types of mechanical equipment used.
6.3.1. Hand-directed mechanical tampers and walk-behind vibratory plates -
, maximum uncompacted lift thickness of 4 inches (102 mm).
6.3.2. Rolling equipment, including sheepsfoot (both vibratory and (non-
vibratory), grid, smooth-wheel; (non-vibratory), pneumatic-tired and
• segmented wheels - maximum uncompacted lift thickness of 1 foot
(305 mm).
6.3.3. Vibratory equipment, including vibratory plates, and smooth-wheel
rollers attached to backhoe equipment - maximum uncompacted lift
thickness of 2 feet (610 mm).
6.3.4. Impact, free-fall, or stomping equipment - maximum uncompacted lift
thickness of 3 feet (914 mm).
6.4. Mechanically compacted backfill shall be moistened or dried as specified in
4.8 to obtain optimum moisture level. Each layer shall be evenly spread and
compacted until the specified relative compaction has been attained.
6.5. Verification of relative compaction during the backfill process will be made
with an industry acceptable compaction measuring device or method.
7.0 Backfill Compaction Requirements 2
Backfill shall be densified to the following minimum relative compaction (ref. to
Figure 1):
7.1. 85% Relative Compaction:
7.1.1. In the bedding zone.
Section 306-1.3 Standard Specifications for Public Works Construction.(2000 edition)
2 Ibid., Subsection 306-1.3.6
08/15/01 California Inter-Utility Site Restoration Guideline Page 7 of 11
7.1.2. Outside the traveled roadway, shoulders and other paved areas.
7.1.3. Under sidewalks.
7.2. 90% Relative Compaction:
7.2.1. From the pavement surface (or finish grade if there is no pavement).
within the existing or future traveled roadway, shoulders, and other
paved areas (or areas to receive pavement).
7.2.2. Within engineered embankments.
7.2.3. Where lateral support is required for existing or proposed structures.
7.3. 95% Relative Compaction:
7.3.1. Within State Highways.
7.3.2. Where pavement is placed directly on the compacted backfill, the top
6 inches (152mm) immediately under the pavement shall meet this
requirement. 3
7.4. All utility lines shall be properly bedded with materials and in depths as
specified by the appropriate utility prior to backfilling to obtain compaction
values of 85% modified Proctor density.
7.5. Care should be exercised when compacting near a buried facility to avoid •
damage to the facility.
7.6. Compaction verification shall be performed in accordance with the following
to assure that modified Proctor density has been achieved:
7.6.1. The compaction of the lift above the bedding and the last lift shall be
verified using industry approved methods.
7.6.2. Field personnel performing backfill and compaction operations shall
be experienced in the compaction verification method used. •
8.0 Bedding
8.1. Bedding shall be defined as that material supporting, surrounding and
extending to six-inches (152 mm) above the facility.
'Ibid.,Subsection 301-1.3
08/15/01 California Inter-Utility Site Restoration Guideline Page 8 of 11
8.2. Except where otherwise specified, bedding material shall be sand, gravel,
crushed aggregate, native free-draining granular material having a sand
equivalent of not less than 20 or having a coefficient of permeability greater
than 1.4 inches/hour.
9.0 Base
9.1. Base material shall be reconstructed to the same dimensions (thickness etc.)
and with the same type materials used in the original work.
9.2. Where the original thickness is 6 inches (152 mm) or less, the base material
may be compacted in one layer. Where the original thickness is more than 6
inches (152 mm) the base material shall be compacted in two or more lifts of
approximately equal thickness and the maximum compacted thickness of any
one layer shall not exceed 6 inches (152 mm).
9.3. The relative compaction of each layer of compacted base material shall not
be less than 95%. 5
10.0 Pavement Resurfacing
10,1. Temporary Resurfacing 6
10.1.1. Unless permanent pavement is placed immediately, temporary
pavement shall be placed immediately after backfilling. • Temporary
bituminous resurfacing 2 inches (51 mm) thick shall be placed and
maintained wherever excavation is made through pavement or
driveways. In sidewalk areas the temporary cold patch resurfacing shall
be at least 1 inch (25 mm) thick; in all other areas it shall be at least 2
inches (51 mm) thick. At major intersections and other critical
locations, a greater thickness may be required.
10.2. Permanent Resurfacing - General '
10.2.1. The Utility shall be responsible to replace all pavement disturbed by
work under the Permit with homogeneous and in-kind pavement,
unless otherwise stipulated, to the original strength and condition.
10.3. Asphalt Pavement
.10.3.1. Pavement repair depths shall equal or exceed adjoining pavement
depths. When existing pavement depths are greater than 2 inches,
pavement repairs shall be made utilizing Type I, binder course in the
underlying patch courses. The wearing surface shall be a minimum
°Ibid., Subsection 306-1.2.1
5 Ibid., Subsection 301-2.3 •
•
e Ibid., Subsection 306-1.5.1
7 Ibid.,Subsection 302-5.6.2.306-1.5 2.
08/15/01 California Inter-Utility Site Restoration Guideline Page 9 of 11
1.5 inches of Type I, surface course. Pavement courses shall not
exceed two inches. All pavement courses shall be thoroughly
compacted prior to placement of subsequent courses.
10.3.2. All surface pavement damaged or removed as a result of the
excavation work shall be reconstructed to the same dimensions,
except for pavement thickness below, and with the same type material
used in the original work, resurfacing shall be 1 inch (25 mm) greater
in thickness than existing pavement. Typically not to exceed 6
inches.
10.3.3. When the pavement remaining between an excavation and the edge
of the roadway is less than two feet, the remaining area shall be
removed and replaced in conjunction with the permanent pavement
repair. Edges of the surface surrounding a patch repair must be free of
water, foreign material, or dust:
10.3.4. The prepared edges shall be tack coated to ensure a bond between
them and the patch material. Enough time should be allowed for the
emulsion to "break" and most of the water to dry out before the patch-
mix is placed. 8
10.3.5. Asphalt pavement shall be compacted to a density of 95%. To,
ensure a good surface seal along the cut (joint) line, a 4 inch (102
mm) wide band of emulsion shall be applied over the joint at the
surface level, covered with a light coating of sand.
10.3.6. Upon completion the pavement shall be true to grade and cross
section. When a 10 foot (3.05 meter) straightedge is laid on the
finished surface parallel or perpendicular to the centerline of the
excavation, the surface shall not vary from the edge of the
straightedge more than 1/8 inch (3.17 mm).
10.3.7. All leak detection holes (i.e. bar holes) shall be filled with appropriate
asphalt filler to a depth equal to the surrounding pavement depth.
10.4. Concrete Streets
10.4.1. Concrete will be reconstructed with the same type of material used in
the original work.
10.4.2. Concrete shall be placed on a subgrade sufficiently dampened to
ensure that no moisture will be absorbed from the fresh concrete.
10.4.3. Immediately after being mixed, the concrete shall be deposited on the
subgrade to the required depth over the entire width of the section.
f,
8 Asphalt in Pavement Maintenance.Asphalt institute.MS-16,March 1983 Edition
08/15/01 California Inter-Utility Site Restoration Guideline Page 10 of 11
10.4.4. The concrete surface shall be finished true to grade and cross section.
Upon completion the surface shall be free of any unevenness greater
than 1/8 inch (3.17 mm) when checked with a 10-foot (3.05 meter)
straightedge placed on the surface of the pavement. 9
10.5. Sidewalks and Driveways
10.5.1. A sidewalk area that is disturbed shall be restored in kind. Sidewalks
shall be replaced in full panels. Cold joints or monolithic
sidewalk/curb areas shall be sawcut.
10.5.2. At driveways, the sidewalk shall be 6 inches in depth.
Ibid.,Subsection 302-6.4.1
•
08/15/01 California Inter-Utility Site Restoration Guideline Page 11 of 11
AC Pavement
(existing+1")
Pavement
Base(if existing)or lop 6
inches of backfill
95%Relative Compaction
See Note*I
Backfill
Backfill,90%
Relative Compaction
• Bedding
Utility Bedding,85%
Relative Compaction
•
Figure 1 -Site Restoration with Asphalt
Concrete Pavement
Note:
1.Overall cover(depth),utitty clearances,and construction are governed by
the Cliff ornia Public Utilities Commission.
Figure 1 - Pavement Restoration
. _
Exhibit B
Verified Statement of Gross Receipts
[Attached behind this page.]
13
ORAN GE\AM OR R IS\42009.20
di" dil/ii°41 --44.
6
tri
.• Lus •
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
e
FROM: KURT CHRISTIANSENG,ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGERA
DATE: JULY 7, 2009
SUBJECT: ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY(MTA)
CONGESTION MANAGEMENT PROGRAM(CMP) LOCAL DEVELOPMENT
REPORT
RECOMMENDATION:
Staff recommends that the City Council adopt the 2009 Local Development Report and self-certification
resolution.
BACKGROUND:
The Congestion Management Program (CMP) was mandated as a result of a voter-approved initiative
(Proposition 111) in 1990 and requires all cities and counties to adopt measures designed to reduce
traffic congestion in their region. The state legislature required the Metropolitan Transportation
Authority (MTA) to annually monitor local jurisdictions and determine that they are in compliance with
the CMP. A self-certification process was established by the MTA to simplify the process for both the
local jurisdictions and the MTA.
In June of 1994,the City's Planning Division began tracking development projects pursuant to the CMP
Deficiency Plan process. The MTA had implemented a system of debits and credits that assign point
values to development projects (debits) and congestion relief/transportation improvement measures
(credits). The purpose of this system was to make local governments aware of, and responsible for, the
traffic congestion and air quality consequences of their land use decisions. Local governments were
required to balance their debit and credit points on an annual basis. Failure to comply with the CMP
requirements could result in the loss of the City's Section 2105 gas tax money — approximately
$215,495 in FY 2009-2010.
Since the inception of the CMP,the City has been able to maintain a positive credit balance. The balance
was arrived at by subtracting the debit points for new construction from credit points. The credit points
July 7,2009
The Honorable Mayor and City Council
Re: Annual MTA Congestion Mgmt.P&$gram Local Dev.Report
Page 2 of 2
included the sum of the current year credit claims and adjustments(demolition)and any credit carryover
from previous years.In the past,credit points were received when a city implemented a transportation
improvement or mitigation project from the CMP"Toolbox of Strategies"such as the construction of the
San Gabriel Canyon Road median improvements,the City website and the City's transit fare subsidy
program.
In August 2003,the MTA Board adopted the 2003 Short Range Transportation Plan. As one of the
elements of this plan, the Board directed MTA staff to conduct a Nexus Study to determine the
feasibility of implementing a countywide impact fee to meet the CMP Deficiency Plan. While this study
is underway, the CMP Countywide Deficiency Plan requirement for maintaining a positive credit
balance is suspended. As a result,the cities do not have to report their transportation improvement
strategies for the 2009 cycle (credits). However, cities must still continue to report their new net
development activity (debits)just as in prior years. Although cities are required to report any net
development activity,neither the debits accrued from the development activity nor any credits earned
will be allocated to the cities. All credit/debit balances for the cities are temporarily frozen at the 2003
levels.
Attached is a copy of the City's 2009 Local Development Report and Deficiency Plan Summary for the
reporting period of June 1,2008 to May 31, 2009. This report documents the number of residential
dwelling units constructed (3 single-family residential units), the square footage of
commercial/industrial construction(23,000 square feet) and any demolition that occurred in the City
(New Development Adjustments — 11 residential dwelling units and 23,000 square feet of non-
residential buildings).
With the approval of the attached report and the accompanying Resolution, the City will be in
compliance with the Congestion Management Program requirements of the MTA.
FISCAL IMPACT:
Compliance with the Congestion Management Program requirements of the MTA will insure that
the City will continue receiving its gas tax money without penalties.
Attachments: Resolution
2009 CMP Local Development Report and Deficiency Plan Summary
RESOLUTION NO.
A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING
THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089
WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation
Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles
County, to annually determine that the County and cities within the County are conforming
to all CMP requirements; and
WHEREAS, LACMTA requires submittal of the CMP Local Development Report as close to
September 1 of each year as possible; and
WHEREAS,the City Council held a noticed public hearing on July 7, 2009.
NOW, THEREFORE,THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City has taken all of the following actions, and that the City is in
conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA
Board on July 22, 2004.
By June 15, of odd-numbered years, the City will conduct annual traffic counts and
calculated levels of service for selected arterial intersections, consistent with the
requirements identified in the CMP Highway and Roadway System chapter.
The City has locally adopted and continues to implement a transportation demand
management ordinance (Azusa City Ordinance #93-09), consistent with the minimum
requirements identified in the CMP Transportation Demand Management chapter.
The City has locally adopted and continues to implement a land use analysis program,
consistent with the minimum requirements identified in the CMP Land Use Analysis Program
chapter.
The City has adopted a Local Development Report, attached hereto and made a part
hereof, consistent with the requirements identified in the 2004 CMP. This report lists traffic
congestion impacts due to growth within the City and demonstrates that the City is meeting
its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board
adopted 2003 Short Range Transportation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall
forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation
Authority.
ADOPTED this 7nd day of July, 2009.
JOSEPH ROCHA, MAYOR
1 HEREBY CERTIFY that the foregoing Resolution No. was dulyty adopted by the City
Council of the City of Azusa at a regular meeting thereof, held on thej_day of July, 2009, by
the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
APPROVED AS TO FORM:
City Attorney
NIED I'
7 �4KIFbRMP
►ZUS
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,JUNE 15,2009—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.
CEREMONIAL Ceremonial
Council Member Gonzales and Mayor Pro-Tem Macias presented Certificates of Recognition to Cert of Recog
the members of the Girls Varsity Softball Team of Gladstone High School. Council Member Gladstone High
Hanks announced the names of Certificates of Recognition to members of the Girls Jr. Varsity Girls Varsity
Softball Team of Gladstone High School. Coach Randy Noriega acknowledged his Assistant Softball Team
Coach Jimmy Sanford and presented team members with their CIF patches.
Council Member Carrillo presented Certificate of Appreciation of Northrop-Grumman for Cert of Apprec
Household Hazardous Waste Round Up Event and announced and thanked the Certified Used Oil Northrop-
Collection Centers as follows:Jiffy Lube,Dick's Auto Supply, Kragen Auto Parts, Y Tires, and Grumman
Firestone. HHWR
CLOSED SESSION Closed Sess
The City Council recessed to Closed Session at 6:55 p.m.to discuss the following: Recess
1. CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec.54957.6)
Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Kreimeier
Organizations IBEW
2. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec.54956.8) Real Prop
Agency Negotiators:City Manager Delach and Assistant City Manager Makshanoff Negotiations
Under Negotiation: Price and Terms of Payment
a. CBS BILLBOARD CBS Billboard
Address: 809 N.Azusa
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency/CBS Outdoor
(aka Viacom Outdoor)
b. NEC AZUSA/ARROW
Address: 17511 E.Arrow Hwy Azusa/Arrow
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency/Fowler
Address: 17525 E.Arrow Hwy
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
c. ATLANTIS GARDEN PROJECT Atlantis Gardens
Address: 611 East Lime Avenue(8612-001-040)
Negotiating Parties: James Youngstrom
Address: 610 East 6t°Street(8612-001-018)
Negotiating Parties: Ernesto&Elena Castruita
Address: 670 East 6th Street(8612-001-024)
Negotiating Parties: Ernesto&Elena Castruita
d. DOWNTOWN NORTH(A-2&A-3 SITES)
Address: 858 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment
Address: 832 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: Alexios&Tashia Vagenas
Address: 826 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Address: 830 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: Donna M.Matson
Address: 812 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment
Address: 801 N.Alameda Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment
Address: 810 N.Alameda Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment
Address: 803 N.Dalton Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Address: 805 N.Dalton Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
e. TARGET SITE Target Site
Address: 110—190 West 9th Street,Azusa,CA 91702
Negotiating Parties: City and City of Azusa Redevelopment Agency
Address: 802 N.San Gabriel Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Address: 809 N.Azusa Avenue,Azusa,CA 91702
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
Address: MTA Site-APN#8608-024-900
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency
f. Address: 624-630 North San Gabriel Avenue 624-630 N.San
Negotiating Parties: City and City of Azusa Redevelopment Agency/WIC and Diapers 4 Less Gabriel
(Tenants)
g. Address: 229 S.Azusa Avenue(APN 8614-014-058) 229 S.Azusa Ave
Negotiating Parties: City and City of Azusa Redevelopment Agency/Rogers Lillie M.
Address: 229 S.Azusa Avenue(APN 8614-014-056)
Negotiating Parties: City and City of Azusa Redevelopment Agency/Rogers Lillie M.
Address: (APN 8614-014-057)-No Address
Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency/Rogers Clifton
&Lillie/Roger C&L/tr
The City Council reconvened at 7:36 p.m.City Attorney Richardson advised that there was no reportable Reconvened
action taken in Closed Session. No Reports
Mayor Rocha called the meeting to order. Call to Order
Director of Utilities Joseph F.Hsu led in the Flag salute. Flag Salute
INVOCATION was given by Pastor Woody Calvary of Praise Chapel Azusa Invocation
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorneys Richardson and Hull, City Manager Delach, Assistant City Manager Makshanoff, Azusa
Police Chief Garcia, Director of Public Works/Assistant City Manager Haes, Economic Development
Director Christianson, Library Director Tovar, Administrative Services Director-Chief Financial Officer
Kreimeier, Assistant City Librarian Shahsavari, Director of Utilities Hsu, Administrative Technician
Cawte, Assistant to Director of Utilities Kalscheuer, 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: meeting at Slauson School regarding M.Lee
graffiti and huffing, success of Flag Day celebration,LA Lakers, Mountain Cove Congressional Comments
candidates' forum and Glendora School District, and he wished good luck to Mr. Hsu and Mr. Tovar on Various
their retirement.
Ms. Blanch Weir addressed Council announcing the success of the Wheel Chair Day event held in April B.Weir
and thanked all who participated,with special thanks to Israel Del Toro and Martin Quiroz,Azusa staff. Comments
06/15/09 PAGE TWO
Executive Director of the Azusa Chamber of Commerce Irene Villapania provided an update on Chamber I.Villapania
of Commerce Events. Chamber
Ms.Madelyn Payne announced the upcoming Library Book Sale to be held on June 20,2009, from 10:00 M.Payne
a.m.to 3:00 p.m.at Slauson Park. She also announced that on Wednesday at the Azusa Armory they will Comments
be donating books to soldiers who have gone to Kosovo in 2008.
Mr.Jorge Rosales addressed Council with questions on items F-1,F-2,and F-3,regarding the PSA for the J.Rosales
Atlantis Gardens.He asked about compliance with State Law,Government Code,Health and Safety Code Comments
with regard to appraisals,cost,etc.
Mr.Leo Abrazaldo addressed Council requesting information and clarifying regarding rental housing as he L.Abrazaldo
owns property in Azusa. Comments
Mr. Robert Steele addressed Council regarding the Water Rate Increase stating he is not opposed to the R.Steele
increase but is opposed to the increase to the meter service charge. Comments
Mr. Richard Deem of Save Our Canyon, addressed Council expressing his opposition to the Vulcan plan R.Deem
as he has read on line and stated he will be presenting his findings at 7 p.m.at the Senior Center. Comments
City Manager Delach responded to questions posed regarding Mountain Cove students going to Glendora City Mgr
schools,the City has no jurisdiction over that type of situation,with regard to Relocation act there are no Response
tenants in occupancy at the properties being purchased at Atlantis Gardens. City Attorney Hull also
responded stating that the acquisition units are vacant,plus there have been tenant waivers,etc.Discussion
was held regarding process. Mr.Abrazaldo was asked to call City Manager regarding rental housing.
REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/cncl
Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Macias and unanimously carried to Cert of Rec
approve certificates of recognition for the sponsors of the Kids Come First Golf Tournament held on June Kids Come First
5, 2009, as follows: Vulcan Materials, Athens Services, Jan's Towing, Tierra West Advisors, Rich Sponsors
Development Co.,Waste Management,Canyon City BBQ,Veolia Environmental Services,Best,Best&
Krieger.
Leila Hassen, Youth Services Librarian from the Azusa Cit Library, L.Hassen
y announced this year's Summer L.
Reading Program:Be Creative @ Your Library,to be conducted from June 22nd through August 4th.
City Manager Delach provided an update on the feasibility of a drop off and pick up zone for students in City Mgr
front of Lee School,stating that the City has received a Safe Route to Schools Grant and will dedicate it to Lee School
the area around Lee School,it has to be used for street improvement,but is not certain of the full plan yet. Drop Off
Mayor Pro-Tern Macias wished a happy birthday city employees Linda Vasquez, Ruby Toledo, Tina Macias
Cravens and James Makshanoff. Comments
Councilmember Hanks congratulated Human Relations Commissioner Diana Williams for receiving Hanks
a meritorious service award by the City of Los Angeles Board of Public Works. He provided an update on Comments
the Gold Line as follows: Last week MTA Board met and will delay a vote for the Long Range
Transportation Plan to July. There are funds transfer from Measure R into the Gold Line Project of$10
million in the first year and progresses on through the year 2017,which may be sufficient to allow the
construction of the track to Azusa by the year 2013; he encouraged them to move operational money
forward.
Councilmember Gonzales thanked the staff of Slauson for hosting the tagging/huffing workshop held last Gonzales
week presented by the Azusa Police Department. He talked about huffmg issue and asked if the City could Comments
consider an ordinance which prohibits possession of aerosol cans used for huffmg. City Attorney
responded he would look into the constitutionality of such an ordinance. Councilmember Gonzales then
congratulated graduates of Gladstone,Sierra and Azusa high schools and wished fathers a Happy Father's
Day and all a safe 4th of July.
Councilmember Carrillo warned the public about the dangers of the river in the canyon and announced the Carrillo
cooling centers in Azusa, i.e. Senior Center, Library, and Recreation Center. He also reminded all that Comments
there will be more kids out on the street now that school is out. He provided his thoughts on huffing and
congratulated both Little leagues, all graduates of Azusa schools and wished fathers a Happy Fathers day.
Mayor Rocha asked the meeting be adjourned in memory of Lucy Dominguez Naranjo and Mario Rocha
Martinez. He talked about the success of the Flag Day Ceremony and asked that the servicemen be kept in Comments
prayer with special thanks and congratulated all graduates. He wished all a Happy Father's Day,
announced the Summer Splash on Saturday at 11 a.m.,Memorial Park Anniversary on July 25th and the
beginning of Summer Concerts in the Park. ,
06/15/09 PAGE THREE
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - WATER RATE ADJUSTMENTS FOR JULY 1, 2009 AND JULY 1, 2010. Public Hrg
Director of Utilities Hsu presented the report on the proposed Water Rate Increase stating that notice was Water Rate Inc
provided to all property owners,staff provided the 45 day notice as required,three protest letters were J.Hsu
received and one in person. He presented the reasons for the increase as follows: Downturn in Economy- Presentation
reduced Expected Growth in retail Water Sales, 17.8% Reduction in Consumption due to Conservation-
Reduced Revenues,Sub-Meter charge Deleted in 2008 reducing revenues by$750,000 and increased Debt
Service Obligations-$3 million annually. He presented and detailed the following: Financial Summary
which included Funding Shortfall and Proposal, a Rate Adjustment Plan, the Rate Adjustment Option
Selected, Monthly Meter Services Charges, Alternative 3 - Conservation Schedule Commodity Rates
(FY'09-10), Emergency Rate Structure Rates &Tier Breakpoints (FY'09-10),2009 Water Rate Survey-
B i-Monthly rates,Monthly Cost for 12 ccf, Consumer Costs- 17CCF, and Outcome of New Rates which
would Maintain a Viable Water Utility Operation, Meet Minimum Debt Coverage Ratio in 2 years &
maintain Good Credit Ratings, continue to Finance Water Capital Improvements from Operating Incomes
and Help Maintain Reserve for Emergency.
The Mayor declared the Hearing open. City Clerk Mendoza advised that there was a Certificate of Mailing Hrg open
which was mailed on April 28,2009,and advised that three letters of protest have been received.
Testimony was received from Mr. Jorge Rosales who stated that he has reviewed the proposal and it is Testimony
reasonable and fair because the Utility Department will be absorbing much of the cost of the increases with J.Rosales
its reserves and the consumer will absorb approximately one third.
Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried Hrg Closed
to close the Public Hearing.
After Council comments the following motion was made: Moved by Councilmember Hanks,seconded by Discussion
Councilmember Gonzales and unanimously carried adopt Resolution No, 09-C46, approving two rate
increases, one effective July 1, 2009, to increase revenues by 18%over last year's revenues; and second
effective July 1,2010,to increase revenues by 15.6%.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, TO ADOPT NEW WATER Res.09-C46
RATES EFFECTIVE JULY 1,2009,AND JULY 1,2010. Increase Appvd
Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mayor Pro-Tem Macias requested that staff provide him with information regarding the budget Information
reductions from Light and Water;it will be provided to all Councilmembers. to Cncl
PUBLIC HEARING — REFUSE RATE ADJUSTMENT. Assistant to the Director of Utilities Pub Hrg
Kalscheuer addressed Council presenting the Refuse Rate Adjustment in accordance with the Exclusive Refuse Rate
Franchise Agreement with Athens Services for refuse collection and recycling services. He noted the Adjustment
Consumer Price Index change which was a reduction of-0.9% and the per ton landfill rate increase of
$4.40,he detailed the calculations and impacts to residential and commercial customers. He responded to
questions posed stating that the average increase per year for residential is two to three percent.
The Mayor declared the Hearing open. The City Clerk advised that the notice of Hearing was mailed to Hrg open
residents in English and Spanish and no protests have been received. Testimony/none
Moved by Councilmember Carrillo,seconded by Councilmember Gonzales and unanimously Hrg Closed
carried close public hearing.
Moved by Councilmember Gonzales,seconded by Councilmember Carrillo and unanimously carried to Amendment
adopt Resolution No.09-C47, approving amendment number thirteen to the Exclusive Franchise Approved
Agreement with Athens Services.
Councilmember Gonzales offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE Res.09-C47
THIRTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH Refuse Rate
ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF Amendment
JULY 1,2009 THROUGH JUNE 30,2010.
06/15/09 PAGE FOUR
Moved by Councilmember Gonzales, seconded by Councilmember Carrillo to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION TO SCHEDULE PUBLIC HEARING FOR JULY 7,2009,TO CONSIDER EXTENSION Sched PH Extend
OF THE ELECTRICAL DISTRIBUTION FRANCHISE TO THE SOUTHERN CALIFORNIA EDISON Franchise
COMPANY. Director of Utilities Hsu addressed Council presenting item stating that it is seeking Edison
approval to hold a public hearing to consider granting an Electric Franchise to Southern California
Edison.He provided a brief history and background of the Edison Franchise and responded to questions
regarding confidential utility maps,underground alert,and Edison customers within the City boundaries.
Councilmember Carrillo offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,DECLARING Res.09-C48
ITS INTENTION TO GRANT AN ELECTRIC FRANCHISE TO SOUTHERN CALIFORNIA EDISON PH Edison
Franchise
Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Macias to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
The CONSENT CALENDAR consisting of Items D-1 through D-12 was approved by motion of Consent Calendar
Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried with the Approved D-10
exception of item D-10 which was considered under the Special Call portion of the Agenda. Spec Call
1. The minutes of the regular meeting of June 1,2009,were approved as written. Min appvd
2. Human Resources Action Items were approved as follows: HR Action Items
Merit Increase and/or Regular Appointments: N.Covarrubias,Police Officer.
Reclassification: S.Ovrom,Senior Management Analyst.
Separation: A.Tovar,effective June 30,2009.
3. Approval was given for the Police Department to purchase one used, unmarked four door Pur of vehicles
sedan for our special enforcement team (S.E.T.) task force, in the amount of$18,625.31 Police Dept
(inclusive of tax,title and license fees)from CARMAX located in the City of Duarte.
4. Approval was given for the renewal of the Operating Contract for the Azusa City Jail with the Wackenhut Corp
Wackenhut Corporation for another five year term and to authorize the City Manager to sign Contract
agreement. Jail Operation
5. Approval was given to support Senate Bill 484 which will require a prescription prior to the sale of Support Senate
products containing pseudoephedrine. Pseudoephedrine is the key ingredient in the manufacture of Bill 484
methamphetamine.
6. Approval was given to approve FRJ&Associates to administer the City's Single Family Housing Agmt FRU&
Rehabilitation Program,and authorize execution of the agreement,which is renewable annually up Assoc.Hsg
to three years. Rehab
7. In accordance with Section 2-523(d), under Article VII, Bidding and Contracting, of the Azusa Pur Street Lights
Municipal Code,approval was given for the issuance of a purchase order to purchase Street Lights Rosedale Dev
for the Rosedale Development in an amount not to exceed$42,172,to Wesco Receivables Corp.,
of Santa Fe Springs,CA.
8. In accordance with Sections 2-523 and 2-524,under Article VII, Bidding and Contracting, Blanket P.O.'s
of the Azusa Municipal Code, approval was given for the issuance of Blanket Purchase
Orders,in an amount of$10,000 or more,detailed on the schedule.
9. The Mayor was authorized to sign the MOU between jurisdictions and the City of Los Angeles for MOU JAG
the Recovery Act—Edward Byrne Memorial JAG program.The grant award for the City of Azusa is program
$93,571.53.
10. SPECIAL CALL ITEM. Spec Call
11. Approval was given to execute the agreement with LA Works for Fiscal Year 2009/10 in an amount LA Works
not to exceed$57,087. Agreement
06/15/09 PAGE FIVE
12. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.09-C 49
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
SPECIAL CALL ITEMS Spec Call Items
Councilmember Camilo addressed the item D-10 regarding purchase and installation of furniture, Carrillo
asking if the City is bound by law to take the lowest bidder if the bid is very close in amount and if Comments
consideration can be given if the company is in Azusa. City Attorney Richardson responded Purchase&
stating that the City is bound by State Law unless the bid is less than 1 percent. Moved by Install Furniture
Councilmember Carrillo, seconded by councilmember Gonzales and unanimously carried to award the Approved
D&R
contract to D&R Office Works of El Monte in an amount of$22,986.69 for the purchase and Works
Office
installation of furniture.
Works
THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:33 P.M. Convene jntly
TO CONSIDER THE FOLLOWING:
JOINT PUBLIC HEARING - ON THE FIRST AMENDMENT TO THE 2008 DISPOSITION AND Jnt Pub Hrg
DEVELOPMENT AGREEMENT WITH TARGET CORPORATION FOR THE DEVELOPMENT OF A Amend DDA
TARGET STORE AT 809 NORTH AZUSA AVENUE. Target
Economic and Community Development Director Christianson addressed the Joint Public Hearing stating K.Christianson
that this is the first amendment to the DDA with Target and the three adjustments are as follows: Comments
Developer shall obtain the CEC (Capital Expenditure Committee)Commitment no later than October 16,
2009, the Developer shall have thirty-five days from the date of the written notice to obtain the CEC
Commitment and open the Escrow and if Developer fails to obtain CEC Commitment and open the Escrow
during the said thirty-five days the Agency may terminate this Agreement and pursue any other
development project or disposition of the property without liability to the Developer; City Attorney Hull
detailed. Mr.Karem Ali,representative of Target addressed the Public Hearing and responded to questions
posed.
The Mayor/Chairman declared the Joint Public Hearing open. The City Clerk/Secretary read the affidavit Hrg open
of proof of publication of notice of said hearing published in the Azusa Herald on June 4,2009.Testimony Testimony/none
was solicited but none was received.
Moved by Mayor Pro-Tem Macias, seconded by Councilmember Carrillo and unanimously carried to Hrg closed
Close the Joint Public Hearing.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.09-050
A FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT Appvg Amend
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET DDA Target
CORPORATION.
Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Director Gonzales offered a Resolution entitled:
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE Res.09-R31
CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE 2008 Appvg Amend
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT DDA Target
AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION.
Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt. Resolution
passed and adopted by the following vote of the Agency:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT CRA Convene
9:42 P.M. THE CITY COUNCIL RECONVENED AT 9:47 P.M. Cncl reconvened
06/15/09 PAGE SIX
It was consensus of Councilmembers adjourn in memory of Pastor Sahlen Velasquez of Jesus Is Lord Adjourn in
Church in Azusa and Mr.Mario Martinez. Memory of
Pastor Sahlen
Velasquez and
TIME OF ADJOURNMENT: 9:48 P.M. Mario Martinez
CITY CLERK
NEXT RESOLUTION NO.2009-051.
NEXT ORDINANCE NO.2009-03.
06/15/09 PAGE SEVEN
OF
ZUSAJ
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 'i,/'
DATE: JULY 7,2009 l`
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa
Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On June 23,2009,the Personnel Board confirmed the following Department Head recommendations regarding the following
Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
PD Lauren Ferrari Police Officer Merit Increase 6101/2
05/21/2009 $5523.18
PD Seth Chapman Police Officer Merit Increase 6101/4
05/23/2009 $6095.12
PD Christopher Grant Police Officer Merit Increase 6101/4
05/23/2009 $6095.12
PD Sam Jauregui Jail, Fleet and Facilities Merit Increase 9164/3
Coord. 06/17/2009 $3871.22
PD Lauren Police Dispatcher Regular Appt. 9166/2
Santamaria 06/23/2009 $3838.61
UTL Ramon Office Specialist II Reg. Appt/Merit 4143/2
Lomingkit, II Inc. 06/03/2009 $3064.87
UTL Catherine Ruiz Office Specialist II Reg. Appt/Merit 4143/2
Inc. 06/08/2009 $3064.87
UTL Brandi Customer Service Merit Increase 5164/3
Bommarito Representative II 05/30/2009 $3864.00
PW Richard Gardea Public Works Inspector Reg.ApptlMerit 4194/4
Inc. 04/20/2009 $5499.89
B. NEW CLASSIFICATION — The following new classification, Engineering Assistant II, has been approved in the •
2009/2010 Budget,has been requested by the department head and is being made in accordance with the City of Azusa
Rules of the Civil Service System.Class Specification attached.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE
DATE BASE MO. SALARY
PW New Classification Engineering Assistant II 07/01/2009 TBD
$4827.08-$5898.38
C. RECLASSIFICATION—The following reclassifications have been requested by the department head and are being made
in accordance with the City of Azusa Rules of the Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO. SALARY
PW Christina Curiel From:Engineering Assistant 07/01/2009 TBD/4
To: Engineering Assistant II $5617.50
UTL Steven Yang From: Administrative Analyst 07/01/2009 3306/5
To: Senior Management $6171.57
Analyst
LIB Leila Hassen From: Librarian 07/01/2009 4185/3
To: Senior Librarian $4766.82
FISCAL IMPACT
There is no fiscal impact,as positions listed are funded in approved department budgets.
CITY OF AZUSA
ENGINEERING ASSISTANT II
DEFINITION
Under limited supervision, performs a variety of field and office sub-professional civil engineering work; plans,
designs,and reviews the construction of public works,traffic,and subdivision projects;performs technical studies;
performs related duties as required.
CLASS CHARACTERISTICS
Incumbents of this class perform sub-professional to professional engineering assignments and are responsible for
independent engineering analysis and recommendations. Incumbents work under the direction of a Principal
Engineer to perform routine to moderately difficult professional engineering work.
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.
Performs contract administration of public works projects including the technical review and approval of project
plans, designs, and construction;evaluates public works project proposals and recommends award of contract.
Performs inspections of construction projects;meets with contractors to resolve items of non-compliance.
Investigates complaints,conducts technical studies and prepares reports and recommendations related to civil
engineering projects, such as traffic,transportation,capital improvement projects, and other specialized studies.
Participates in reviews and plan checks of proposed residential,commercial,and industrial developments by
checking site plans and tentative and final subdivision maps for compliance with appropriate regulations;
prepares conditions of approval.
Provides support for the design and preparation of plans, specifications, and cost estimates for capital
improvement and public works projects including street, storm drain, sewer,traffic signals,and related projects:
researches project design requirements,publications,and industry information sources;performs calculations
and makes estimates of time and material costs.
Performs inspections of construction projects to verify conformance with plans and specifications.
Participates in the plan check,review,and processing of plans for private developments affecting city streets,
sewers,drains,and related public works facilities and ensures that they meet all City-imposed requirements;
prepares conditions of approval.
Conducts field surveys and operates survey equipment; measures distances and establishes elevations;prepares
survey reports.
Class Specification
Engineering Assistant II
Assists in the preparation of traffic engineering reports; conducts traffic studies; investigates complaints of
traffic safety issues and makes recommendations.
Assists developers contractors, and citizens at the public counter; issues right-of-way encroachment and
transportation permits; calculates permit fees.
Maintains a variety of maps related to the sewer and storm drain systems; revises design plans to reflect as-built
status.
Prepares capital improvement project plans, specifications, and estimates for a variety of public works projects.
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 an associate of
science degree or equivalent, with major work in civil engineering or closely related field and two years of
progressively responsible professional experience in civil engineering or a closely related field.
Knowledge and Skill Levels: Considerable knowledge of engineering principles and practices as applied to public
works, including planning and development, design, and construction; methods and techniques utilized in the
preparation of public works project designs and related plans,specifications,and cost estimates;related federal and
state laws,ordinances,and regulations. Working knowledge of the methods and techniques of supervision. Ability
to communicate clearly and concisely, both orally and in writing; keep accurate records; analyze data and
information and draw logical conclusions;perform sub-professional engineering work;use and care of engineering
and drafting instructions and equipment; conduct inspections of public works projects; perform engineering
calculations;conduct traffic surveys;prepare engineering plans;communicate effectively with a variety of personnel
and establish/maintain effective working relationships; explain and apply policies and procedures; interpret and
apply rules, regulations, legislation, and policies; understand and follow verbal and written directions; work
independently; perform survey work and use surveying instruments; operate a computer and use a variety of
computer software.
Special Requirements: Possession of or ability to obtain a Class C California driver's license and a satisfactory
driving record. Possession of or ability to obtain an Engineer in Training License issued by the State of California.
ir' eir-„, , _e -- - - 3
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aui.awexewemA:%
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCJ
,
( - !
FROM: MARCENE HAMILTON, CITY TREASURER 7 lam/--f
DATE: JULY 7, 2009
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF MAY 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 May 2009.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of May 2009. City investments are made in accordance with
the City's Investment Policy adopted and approved with Resolution No. 05 — Cl 6
dated, October 6, 2008 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.
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit May 31,2009
Held in Wells Fargo Bank
'repared 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 1,464,296.00
1.231% Overland Sweep Account DDA XXX-XXX1244 5,687,597.58
Worker's Compensation Checking XXXX-XX0318 0.00
Flexible Reimbursement XXXX-XX5036 21,276.13
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 30,835.12
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 313,886.67
1,975,001 04/07/07 3.748% Certificate of Deposit XXX-XXX2840 2,329,691.82
Covington Endowment
Money Market Mutal Funds WFB XXXX7554 115,847.51
100,000 06/29/09 4.200% Certificate of Deposit-25467JG21 WFB 25467JG21 100,000.00
TOTALS 10,063,619.95
CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS May 31, 2009
Prepared by: Marcene Hamilton, Treasurer
Coupon Maturity Settlement Market Price
Broker Face Amount Description "
Rate Date AcctlCusip No. Date Principal* (Changes Market Value
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Wells Fargo Sec 2,000,000.00 FHLB 4.300 07/14/09 4.300% 07/14/09 3133XCDQ3 07/14/05 2,000,000.00 100.469000 2,009,380.00
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, 101.938000 2,038,760.00
Wachovia Sec 1,000,000 00 ,FFCB 3.950 07/15/11 , 3.950% 07/15/11 _ 31331Y3E8 07/15/08 1,000,000.00 102.063000 1,020,630.00
Higgins Capital 2,000,000.00 FHLB 5.250 05/29/12 5.250% 05/29/12 3133XKUL7 OB/22/07 1,999,500.00 100.031000 2,000,620.00
Wachovia Sec 4,000,000.00 FHLB 3.450 5/14/12 3.450% 05/14/12 , 3133XQTD4 05/14/08 4,000,000.00 102.188000 4,087,520.00
Gilford Sec 2,000,000.00 FHLB 4.150 06/18/12 4.150% 06/18/12 , 3313XRGT1 06/18/08 2,000.000.00 100.156000 2,003,120.00
Gilford Sec 2.000,000.00 FHLB 3.87511/10/11 3.875% 11/10/11 31331GEG0 11/10/08 2,000,000.00_ 101.156000 2,023,120.00
Wachovia Sec 2.000,000.00 FHLB 2.375 07/09/12 2.375% 07/09/12 3133XSRF7 01/09/09 , 2,000,000.00 100.125000 2,002,500.00
Wachovia Sec 2,000,000.00 FHLB 2.350 02/06/12 2.350% 02/06/12 3133XSXQ6 02/06/09 2.000,000.00, 100.188000 2,003,760.00
Gilford Sec 2,000,000.00 _FHLB 2.550 02/24/12 , 2.550% . 02/24/12 3133XT2P0 02/24/09 2,000,000 00 100.906000 2,018,120.00
Wachovia Sec 2,000,000.00 FFCB 2.250 02/17/12 , 2.250% 04/13/12 31331GND7 03/16/09 , 1,999,000.00 101.375000 2.027,500.00
Wachovia Sec 1,000,000.00 .FHLB 2.250 04/13/12 2.250% 04/13/12 3133XTAW6 03/16/09 999,500.00 101.438000 1,014,380.00
Higgins Capital 2,000,000.00 FHLMC 2.500 04/08/13 2.500% 04/13/13 3128X8TZ5 04/08/09 2,000,000.00, 99.765000 1,995,300.00
Gilford Sec 2,000,000 00 FFCB 2.550 10/09/12 2.550% 10/09/12 31331GSD2 04/09/09 2,000.000.00 100.219000 2,004,380.00
Gilford Sec 2,000,000.00 FFCB 2.875 05/6/13 2.875% 05/06/13 31331GUE7 05/06/09 2,000.000.00 100.219000 2,004,380.00
Gilford Sec 2,000,000.00 FFCB 2.500 5/20/13 , 2.500% 05/20/13 31331 GVS5 05/20/09 2,000.000.00 99.781000 1,995,620.00
Wachovia Sec 2.000.000.00 FHLB 3.125 11/17/11 3.125% 11/17/11 3133XSM70 11/17/08 2,000,000.00 102.313000 2,046,260.00
Wachovia Sec 2,000,000 00 FFCB 3.375 11/18/11 3 375% 11/18/11 31331GEW5 11/18/08 2,000.000.00 101.063000 2,021.260.00
TOTALS 36,000,000.00 35,998,000.00 36,316,610.00 :
WFB -CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.250% N/A N!A N/A 1,552,500.00 100.000000 1,552,500.00
Light &Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds
Wachovia 3,000,000.00 FHLB 4.150 01/29/13 , 4.150% 01/29/13 3133XNZC6 , 01/29/08 3,000,000.00 102.406000 3,072,180.00
Wachovia 3,000.000.00 ,FHLB 2.350 02/06/12 2.350% 02/06/12 3133XSX06 02/06/09 3,000,000.00 100.188000 3,005,640.00
Higgins 1,215,000 00 FHLB 2.100 09/06/11 2.100% 09/06/11 3133XTA97 03/06/09 1,215000.00 101.688000 1,235,509.20
Higgins 2,000,000.00 FNNA 2.250 02/24/12 2.250% 02/24/12 3136FHCF0 02/27/09 2,000,000.00 101.188000 2,023,760.00
TOTALS 9,215,000.00 9,215,000.00 9,337,089.20
WFB -L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.250% N/A N/A N/A 83.24 100.000000 83.24
LAIF -CITY LOCAL AGENCY INVESTMENT FUND 1.530% N/A N/A N/A 13,830,664.55 1100.000000 13,830,664.55
TOTAL INVESTMENTS IN FEDERAL AGENCIES, WFB INSTITUTIONAL TRUSTS, and LAIF 60,596,247.79 61,036,946.99
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1, 2008) 2,620,525.44
*The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security.
**The"Market Value" is the current price at which a security can be traded or sold.
Treasurer Report May 2009.xIs 6/18/2009 8:12 PM
CITY OF AZUSA TREASURER'S REPORT
INVESTMENT INTEREST EARNINGS Thru May 31,2009
Prepared by: Marcene Hamilton,Treasurer
Scheduled Scheduled Interest
Coupon Maturity Acct/Cusip No. Payment 2008/2009 Semi-Annual Received
Face Amount Net Amount
Rate Date Schedule Interest Payment Fiscal Year
Earnings Amount to Date*
City of Azusa Investments - AAA Rated Federal Agency Bonds
1.000,000 1,000,000.00 4.850% CALLED 31331YKD1 12/27&6/27 2,694 2,694 2,694.44
2,000,000 2,000,000:00 5.200% CALLED 31331X4V1 10/3&4/3 52,000 26,000 52,000.00
2,000,000 2,006,891:67 5.250% CALLED 3133XHET5 10/14&4/14 52500 26,250 52,500.00
1,000,000 1,000 000.00 5.200% CALLED 3128X6PZ3 10/17&4/17 26,000 13,000 26,000.00
1,000,000 999;000:00 5.000% CALLED 3133XMN00 10/24&4/24 25,000` 12,500 '25,000.00
2,000,000 2,006,094.44 4.750% CALLED 31331X6X5 10/15&4/15 56,472 28,236 56,472.20
2,000,000 1,995,000.00 5.125% CALLED 3133XKVSI 11/24&5/24 51.250 25,625 51,250.00
1,000,000 1,000,000.00 4.625% CALLED 3133XNJ26 12/19&6/19 23,125 11,563 23,125.00
1,000,000 1,000,000.00 5.000% CALLED 3133XNT58 12/18&6/18 25,000 12,500 ' 25,000.00
2,000.000 2,000,000.001 4.200% CALLED 3133XQMN9 10/24&4/24 57517 28,758 57;516.66
2,000,000 2,000,000:00 5.000% CALLED 3133XRJSO 12/26&6/26 50,000 25,000 50;000.00
2.000,000 2,000,000.00 3.440% CALLED 3133XQSTO 7/23&1/23 51,600 25,800 51,600.00
2,000,000 2,000,000.00 3.550% CALLED 3133XPD43 7/30&1/30 71,000 35,500 71,000.00
2,000,000 2,000,000.00 4.200% CALLED 3133XP6L3 7/29&1/29 84,000 42,000. 84,000.00
2,000,0005, 2,000,000.00 4.350% CALLED 3133XNYL7 7/30&1/30 87,000 43,500 r 87,000.00
2,000,000 2,014,723.33 5.250% CALLED 3128X4N56 8/24&2/24 105,000 52,500 105,000.00
2,000,000 1,999,000.00' 4.125% CALLED 3133XPPY4 8/20&2/20 82,500 <' 41,250 82,500:00
1,000,000 1,000,000:00 4.000% CALLED 3133XRFE5 12/17&6/17 40,000' 20,000 30,000.00
2,000,000 2,000,000.00 5.125% CALLED 3133XKD44 9/30&'3/30 102,500 51,250 102,500.00
2,000,000 2,000,000.00 4.250%' CALLED 3133XPY40 9/13&13/13 85,000 42,500 85,000.00
2,000,000 2,000,000.00 3.550% CALLED 3133XQU83 10/24&4/24 71,000 35,500 71,000.00
4,000,000 4,000,000:00 4.000% CALLED 3133XSHL5 10/20&4/20 80;000 80,000 80,000.00
2,000 000 2,000,000.00 5.250/ 05/21/12 3133XKWM3 11/21&5/21'' 105;000 52,500 105,000:00
2,000,000 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7/14&1/14 86,000 43,000 86,000.00
2,000,000 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 42,000.00
1,000,000 1,000,000.00 3.950% 07/15/11 31331Y3E8 7/15&1/15 19,750 19,750 19,750.00
2,000,000 2,000,000.00 3.875% 11/10/11 31331GEG0 11/10&5/10 38,750 38,750 `' 38,750.00
2,000,000 2,000,000.00 3.125/ 11/17/11 3133XSM70 11/17&5/17 31,250 31,250 '' 31,250.00
2,000,000 2,000,000.00 3.375/ 11/18/11 31331GEW5 11/18&5/18 33,750 33,750 33;750:00
2,000,000 2,000,000.00 2.350% 02/06/12 3133XSXQ6 8/6&2/6 0 0 0.00
2,000,000 2,000,000.00 2.550% 02/24/12 3133XT2P0 8/24&2/24 0 0 0.00
4,000,000 4,000,000.00 3.450% 05/14/12 3133XQTD4 11/14&5/14 138,000 69,000 138,000.00
1,000,000 999,500.00 2.250% 04/13/12 3133XTAW6 9/16&3/16 0 0 1,687.50
2,000,000 1,999,000.00 2.250% 12/17/12 31331GND7 9/16&3/16 0 0 -3,625.00
2,000,000 2,000,000.00 2.500% 05/20/13 31331GVS5 11/20&5/20 0 0.00 0.00
2,000,000 2,000,000.00 2.875% 05/06/13 31331GUE7 11/6&5/6 0 0.00 0.00
2,000,000 2,023,708.33 5.250/ 05/29/12 3133XKUL7 11/29&5/29 105,000 52,500 105,000.00
2,000,000 2,000,000.00 4.150% 06/18/12 3133XRGT1 12/18&6/18 83,000 41,500 41,500.00
2,000,000 2,000,000.00 2.375% 07/09/12 3133XSRF7 7/9&1/9 0 0 0.00
2,000,000 2,000,000.00 2.500% 04/08/13 3128X8TZ5 10/8&4/8 0 0 0.00
2,000,000 2,000,000.00 2.550% 10/09/12 31331GSD2 10/8&4/9 0 0 0.00
36,000,000 ACTIVE INVESTMENTS 2,005,658' 1,105,926 1,910,221
CITY-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
1,552,500,00 0.250% n/a N/A Monthly Per Balance and Rate 46,953.03
Light&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds
3,000,000.00 3,000,000.00 3.550% CALLED 3133XPD43 7/30&'1/30 106,500 00'' 53,250.00 106,500.00
3,215,000,00 3,215,000.00 4.000% CALLED 3133XPKV5 8/20&2/20 128,600.00 64,300.00 129,671.56
3,000,000.00 3,000,000.00 2.350% 02/06/12 3133XSXQ6 8/6&2/6
2,000,000.00 2,000,000.00 2.250% 02/24/12 3136FHCF0 8/24&2/24 -375.00
1,215,000.00 1,215,000.00 2.100% 09/06/11 3133XTA97 9/6&3/6
3,000,000.00 3,000,000.00 4.150% 01/29/13 3133XNZC6 7/29&1/29 124,500.00 62,250.00 124,500.00
9,215,000.00 ACTIVE INVESTMENTS 359,600.00 179,800.00' 360,296.56
Light&Water Stablization-Wells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
83.2411' 0.250% N/A N/A Monthly Per Balance and Rate 903.69
CITY-Local Agency Investment Fund-Liquid Asset
13,830,664,55 1.530% N/A N/A Quarterly Per Balance and Rate 302 151.36
Fiscal Year: July 1-June 30 TOTAL INTEREST EARNED YTD 2,620,525.44
4,
.frw
u5 .
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER Av
DATE: JULY 7,2009
SUBJECT: ADOPTION OF A RESOLUTION FOR THE POLICE DEPARTMENT TO
ENTER INTO A STANDARD AGREEMENT CONTRACT ACCEPTING A
GRANT AWARD FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Chief of
Police to enter into the attached Standard Agreement contract with the Department of Alcoholic
Beverage Control (ABC)accepting$27,251 from the Grant Assistance to Local Law
Enforcement Agencies Project.
BACKGROUND
The Department of ABC announced they were set to award grants for Fiscal Year 2009/2010 to
local law enforcement agencies in the State of California to fight alcohol-related crime. The
grants are part of an ABC program to provide grant assistance to local law enforcement agencies
to target liquor license locations that generate alcohol-related crime problems in their
communities. This year, the Azusa Police Department submitted a grant application/proposal to
ABC and was notified in mid-June that the Department was awarded $27,251.
The objectives of the Azusa Police Department under this grant are to provide education and
training to the businesses and citizens of Azusa, to provide education regarding the enforcement
of ABC laws to officers and to implement pro-active overt and covert enforcement strategies. A
1
copy of the Standard Agreement contract and the referenced exhibits(Exhibit A through Exhibit
E)are available in the City Clerk's office for review.The term of the agreement is from July 1,
2009 through June 30,20W.
The grant funds will reimburse the City for officers that will work these pro-active overt and
covert operations on an overtime basis,provides for"buy money,"and reimburses for identified
equipment(i.e.laptop computer)and for designated officers to attend an ABC conference.
FISCAL IMPACT
The payment(s)of approved reimbursable costs outlined in the contract/exhibits are drawn down
from the $27,251 grant award via the State Controller's Office on a monthly basis, but are
initially borne by the City's general fund.
Prepared by:
Lieutenant Mike Bertelsen
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE CHIEF OF
POLICE TO ENTER INTO THE ATTACHED STANDARD AGREEMENT CONTRACT WITH THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ACCEPTING $27,251 FROM THE GRANT
ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES PROJECT.
WHEREAS, THE: City of Azusa Police Department desires to undertake a certain project to address
problematic alcohol-related crime and enhance the working relationship with the Alcoholic Beverage Control
(hereafter referred to as ABC) to be funded from funds made available through the Grant Assistance to Local
Law Enforcement Agencies Project administered by ABC in the amount of$27,251 ; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa authorizes the Chief of
Police, on its behalf to sign and execute the attached State of California Standard Agreement contract
(Agreement Number 09G-LAO 1), including any extensions or amendments thereof and any subsequent
contract with the State in relation thereto.
FURTHERMORE: It is agreed that any liability arising out of the performance of this contract, including
civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The
State of California and ABC disclaim responsibility for any such liability.
FURTHERMORE: Be it further resolved that grant funds received from this contract shall not be used to
supplant expenditures controlled by this body.
FURTHERMORE: It is also agreed that this award is not subject to local hiring freezes.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2009.
Joseph R. Rocha, Mayor Date
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa
at a regular meeting thereof held on the 7th day of July, 2009, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk Date
VTE OF CALIFORNIA
'ANDARD AGREEMENT AGREEMENT NUMBER
213(Rev 06/03) 09G-LA01
REGISTRATION NUMBER
This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Department of Alcoholic Beverage Control
CONTRACTOR'S NAME
City of Azusa through the Azusa Police Department
The term of this July 1,2009, through June 30,2010
Agreement is:
The maximum amount $ 27,251.00
of this Agreement is:
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mad
a part of the Agreement:
Exhibit A - Scope of Work/Project Narrative 6 pages
Exhibit B - Budget Estimate 1 page
Exhibit C - General Terms and Conditions GTC 307*
Exhibit D - Payment Provisions 2 pages
Exhibit E - Special Terms and Conditions 1 page
Items shown with an Asterisk(*)are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.documents.dgs.ca.gov/ols/GTC-307.doc
WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
'TRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.)
ty of Azusa through the Azusa Police Department
(Authorized Signature) DATE SIGNED(Do not type)
NTED NAME AND TITLE OF PERSON SIGNING
.bert B. Garcia, Chief
DRESS
5 N. Alameda Avenue
;usa, CA 91702
STATE OF CALIFORNIA
3NCY NAME
partment of Alcoholic Beverage Control
(Authorized Signature) DATE SIGNED(Do not type)
'TED NAME AND TITLE OF PERSON SIGNING El Exempt per
Jimenez,Assistant Director, Administration
)REss GC 14616
Z7 Lennane Drive, Suite 100
zramento, CA 95834
• Exhibit A
During the 2006-2007 Grant Assistance Prograrn(GAP),the Azusa Police Department and
the Department of Alcoholic Beverage Control conducted operations which included Minor
Decoys,Shoulder Taps, Impact Inspections and other Task Force Operations. During the
grant year there were 17 bookings and 53 citations issued. All of our grant objectives were
met and to this day the Azusa Police Department and the Monrovia District Office continue
have a strong working relationship in curbing underage drinking and other alcohol related
issues.
In April 2007,with the financial assistance of the GAP grant,the Azusa Police Department
and the Department of Alcoholic Beverage Control identified a specific location in the City
of Azusa as a disorderly premises and a drain on our Police resources. A joint operation
was conducted at"D-Club"and numerous citations and arrests were made during the
operation. The Monrovia District Office filed an accusation for a"disorderly house"and a
hearing occurred several months later. Due to the very thorough investigation,a
recommendation of license revocation has been issued in the first few months of 2009,
pending possible further appeals.
In 2008,the Azusa Police Department and Monrovia District Office also conducted
controlled narcotics buys and a"b-girl operation"at El Palenque Bar. This was in
response to recent complaints of the sales of narcotics and prostitution occurring at the
location. Just outside the bar,one of its patrons was murdered by two violent Azusa 13
gang members. The hearing against El Palenque Bar and the murder trial are still pending
as of this writing.
Also during 2008,it was discovered that a gun and swords used during an assault with a
deadly weapon were dropped off at Eddie's Liquor in Azusa. From a previous IMPACT
inspection,the officers were aware that there was a loaded weapon stored behind the front
counter.When Officers entered the location,they contacted the person behind the register
and discovered he was on Parole.The loaded handgun was located behind the counter
within reach of the parolee. The subject was arrested for being a convicted felon with a
firearm and the other gun and sword were located in a duffle bag behind the counter.This
crime as well as a sales to a minor case that was made by the Monrovia office,secured
the forced transfer of the license to a new licensee.
Since late 2007,AZPD and ABC's Monrovia Office have only been able to conduct one
Minor Decoy Operation due to staffing shortfalls. This one operation resulted in several
citations,prosecutions and administrative hearings for the involved establishments.
Additionally,a Shoulder Tap operation was conducted,and several citations were issued
to adults for furnishing alcohol to minors,as well as other criminal offenses.The Monrovia
District Office has also utilized our Police Explorers to conduct minor decoy operations in
not only Azusa,but in other cities as well in a cooperative effort.
The City of Azusa has long had a history of alcohol related crimes due to the number of
licensed locations and the abundance of large residential parties. With the rapid continued
growth of APU and Citrus College on its border,the underage drinking population is only
going to continue to expand.
AZPD has explored many ways to enforce alcohol related laws. In addition to working with
the ABC on occasion,we currently participate in two multi-agency DUI task forces and
hold an"Avoid"grant from the Office of Traffic Safety for DUI checkpoints.
Exhibit A
AZPD also has a working relationship with APU Campus Safety and contacts this office to
report students involved in alcohol related offenses as well as other crimes. In turn, APU
takes corrective action against their students. Since APU is a Christian-based university,
they frown upon their students being involved in any criminal offenses, and are not
opposed to taking swift disciplinary action.
AZPD enjoys the support of the citizens of Azusa and city government in the enforcement
of traffic and alcohol related offenses. In the event AZPD receives this grant, the project
supervisor will be the Operations Captain.
PROBLEM STATEMENT
Currently, the City of Azusa serves approximately 45,000 residents in a 9.5 square mile
area. The City of Azusa has also annexed a portion of land in the northeast portion of the
city, in which a housing project of approximately 1250 homes, a few parks and a K-8
school are currently being constructed.
The Azusa Unified School District has a student population of approximately 11 ,650
students. Azusa Pacific University (APU) has an approximate total student population of
8,200. In addition, Citrus College, a public junior college, is located directly on the border
of Azusa and has a total student population of approximately 12,000. As a result, the
underage drinking population is abundant within the city limits.
The department has received numerous complaints on problematic premises for sales of
alcohol to minors, particularly to APU students_ There are a lot of students in possession of
false identification, which hinders the store clerk's ability to refuse the sales of alcohol. A
new approach, perhaps ABC's "Cops in the Shop" program, may be the tool needed to
deter these underage students from purchasing alcohol. LEAD training is also needed for
our store clerks and servers so that they can be more informed on how to properly check
valid identifications.
AZPD often receives calls for service in regards to large parties with alcohol being
consumed at the off-campus student housing located within the city. Unfortunately, the
resources available to the department do not allow for the officers to do anything other
than break the party up or issue warnings. AZPD would like to coordinate a TAPPED
program to respond specifically to tdesthe 2006-07 grant, and weee aparties, and serve as a rrent ble toor the future.
break up some
We conducted these operations unr
large underage parties with several citations and/or bookings.
The City of Azusa also has a large Hispanic gang known as "Azusa 13" which frequents
licensed establishments and creates a challenge to law enforcement. These gang
members are known to frequent and Ioiser around Market AZPD hasome ofs also dentur tliedcations such a few other as
Benny's Liquor, El Palenque and Jerry
problem premises in the city, which are known for selling alcohol to underage gang
members.
Azusa Canyon, located on the northern most border of the city, leads into the Angeles
National Forest. This canyon has many recreational sites including a gun range, hiking
areas and a four wheel drive recreational area. Unfortunately, this is also the destination
of many illegal street racers, motorcycle gangs and teenagers looking to get intoxicated.
Exhibit A
Azusa Canyon has a history of alcohol related tragedies with many teenagers purchasing
•
alcohol and driving up Azusa Canyon Road. Although the majority of Azusa Canyon is
patrolled by the Los Angeles Sheriffs Department; AZPD is usually called for assistance
since there is normally only one patrol unit covering the entire canyon.
A great amount of the alcohol being consumed in the Azusa Canyon is purchased within
the city of Azusa. Currently, the city has 98 premises licensed by the Department of
Alcoholic Beverage Control; 50 on-sale and 48 off-sale premises.
In addition to the underage drinking problem, Azusa has a couple of problematic premises
that involve "B-girl's" and narcotics. The locations have been worked by ABC in the past,
with successful operations, but have since gone back to violating the law. These premises
need to be brought back into compliance with the assistance of ABC and their expertise in
undercover operations.
As previously stated, the Azusa Police Department has always taken alcohol related crime
seriously. AZPD employs 63 police officers and 23 civilian positions. However over 10 of
these officers have been hired after our last ABC grant and require ABC training. AZPD
has a history of being able to retain its personnel, but due to recent and near future
retirements, a high percentage of experienced officers are retiring. Regrettably, this
change in personnel is leaving the department inexperienced and unable to participate in
ABC enforcement strategies.
With the addition of grant assistance, AZPD will have the funding necessary to be
proactive in enforcement of the ABC Act. In addition to enforcement, we have specific
objectives such as training officers to recognize and document ABC violations and training
civilian staff to forward appropriatereports
to the re{ationsnand programs uring theonrovia ABC Office. !s course of the
nt would
serve as a foundation for enhanced
grant period and beyond.
PROJECT OBJECTIVES
The project emphasizes prevention through the process of education, training and
enforcement. The City of Azusa desires to be a resource for responsible citizens,
businesses and the youth within the community.
AZPD intends to accomplish the following objectives:
1. Develop and implement a structured ABC training program for sworn personnel in the
area of identifying problematic premissdocumentation.
effective enforcement tactics and
emphasizing the necessity for proper
The goal is to have ABC provide training to sworn personnel in a briefing setting.
Additional training will be provided to sergeants and corporals in order for them to
effectively supervise monitor and act as a department resource in the area of ABC
violations and enforcement.
ing
rts
Non-sworn personnel will also receive training to meet the eff efficient flowriteria of of information, pot rno
ABC per 24202 B&P. This will allow for a more
will improve the enforcement of the ABC Act through the criminal court system and also
assist ABC in taking appropriate action in an administrative setting.
Exhibit A
This objective will be measurable by the number
ed to ABC aftenthe establishment oflthe
trained as well as the number of reports forty
new criteria.
2. Educate the community, APU, Azusa Unified School District and licensed locations
about the project goals and seek their input and support.
This will be an ongoing objective, utilizing a Department representative who currently
attends community meetings such as Chamber of Commerce, Kiwanis and Rotary
meetings. The goals of the project will be discu ssed and input will be sought.
Additionally, press releases will be done notifying the public of the grant and its objectives
as well as the results of enforcement actions to ken during the grant's time period.
APU Campus Safety will also play a role in
accomplishing
�drgoals by assising educafing thein student in e
dissemination of information of alcohol related problems, a
population.
To educate retail locations we will work in conjunction with ABC in coordinating ABC
IMPACT and ROSTF programs. This will give the retail location the opportunity to be
directly informed and educated of their obligations of complying with ABC regulations.
IMPACT reports will be completed and the licensee will receive a copy of this report, and
the PD will maintain a copy of this report for their records. LEAD training schedules will
also be furnished to establishments who wish to have their employees receive further
training.
This objective will be measurable by the number of ABC premises inspected; the number
of violations that were corrected upondof brochures dissembnated by APUlandes;
•
number of community meetings; and number
AUSD to their respective student population.
3. Conduct proven and effective enforcement operations usingtions oualcoholsing
estoby lishedsby
ABC, resulting in the reduction of availability and subsequent
and
resulting in the reduction of B-girl activity and narcotic violations at problematic premises.
Enforcement operations will be coordinated witPPB D operations.will
cude, but not
b ee limited to
the MINOR DECOY, SHOULDER TAP, and TA
enforcement operations such as COPS IN SHOP ronne
and UNDEwCl be ERnR OPERATIONS
ed m A in
will
be utilized if warranted by circumstances. Sworn p
el ese
programs, and learn the various techniques and programs unique to the ABC in the
enforcement of alcohol related violations.
er
Other enforcement operations will be coordinated gc activity. Sworn personnelC to conuct rywill
operations in locations known to harborgi land narcotic
work in conjunction with the ABC investigators
bring assistsuch in pdebtfyingrolem rknown problem
into
compliance by providing necessary documentation,
persons and locations, and assisting with the arrests of suspects.
This objective will be measurable by the number of or detained during thearrest and/or citations loperat onsssued nand
these operations; the number of persons contacted
the percentage of successful criminal prosecutions.
Exhibit A
METHOD OF PROCEDURE
Once the grant is funded the Operation Captain (or his Lt. Designee) will direct all grant
activities. A sergeant will oversee the program, organize AZPD's immediate support in
ABC related enforcement efforts, and designate an "ABC Liaison" to the El Monte District
Office.
This grant will be staffed on an overtime basis by personnel from the Patrol Division and
from the Detective Bureau.
Quarter 1:
Attend Grant Conference
ABC roll call training
ABC training to non sworn personnel
Community meeting / involvement
Press releases
IMPACT / ROSTF / LEAD
Quarter 2:
Implement ABC enforcement techniques
MINOR DECOY OPERATION
SHOULDER TAP
TAPPED
UNDERCOVER OPERATIONS
Continue training
Continue community meetings
Press releases
Quarter 3:
Attend Mid-Year Conference
Access progress of project
IMPACT / ROSTF I LEAD
Community meeting l involvement
Press releases
Continue enforcement activities as needed
Quarter 4:
Continue enforcement activities as needed
Provide additional education and training as needed
Begin Final report in accordance with ABC requirement specified
Report to be completed and submitted to ABC June 30, 2010
Exhibit A
METHOD OF EVALUATION
A statistical analysis will be done comparing the number of citations/arrests and incidents
at licensed locations during the period of the grant. Information will also be gathered from
debriefings,community meetings,APU and from AUSD to further evaluate the project.
In summary,these are the major questions that need evaluation at the end of the project.
• Did the average AZPD patrol officer and average AZPD supervisor become better
trained at understanding and enforcing ABC violations?
• Based on training and enforcement actions,were the majority of prosecutions and
administrative actions successful?
• Is the community better informed and educated to act as a resource in the future?
• Are the ABC establishments better informed and trained so they can act as more
responsible businesses in the community?
• Department wide,was there an increase in the number of alcohol-related citations
&/or arrests compared to previous years?
• Was there an increase in the number of reports taken and forwarded to the ABC
district office per 24202 B&P?
ABC LIAISON
The Azusa Police Department and ABC have jointly conducted Minor Decoy Operations,
Shoulder Tap and undercover operations in the City of Azusa. The department enjoys a
strong working relationship with the Monrovia District Office. The department has also
worked together on the previously stated investigations which resulted in several citations,
a pending revocation and a forced transfer of an off sale license.
Based on the past experiences between the agencies and previous success in the
programs,the grant is predisposed to a successful outcome. We believe this grant will
further enhance the already strong relationship between the agencies and help support our
cooperative efforts against alcohol related violations.
STATEMENT OF INTENT
The City of Azusa is committed to maintaining and furthering the relationship with ABC
personnel as we address issues arising in our ever changing community. The Department
knows the only effective method of addressing,community problems is to bring together a
variety of resources to establish coalitions dedicated to resolving issues.
This grant will enable this department to utilize ABC's expertise in the enforcement of the
ABC Act. This partnership will provide department personnel with training,and a better
understanding of a variety of techniques used in investigating ABC violations, This grant
will also educate the community as well as provide education to the-ABC licensees. This
partnership has already proven successful in the past,and the department hopes to
effectively work together with ABC during the time period of the grant and beyond.
Exhibit B
BUDGET ESTIMATE
BUDGET CATEGORY AND LINE-ITEM DETAIL COST
(Round budget amounts
A. Personnel Services (straight time salaries, overtime, and benefits) to nearect dollar)
A.1 Straight Time w/Benefits Sergeant-$96.81/Corporal$84.72/Officer$80.96
A.2 Overtime Sergeant -OT=$79.21 /Corporal—OT= $68.03/Officer OT=$66.92
Police Officer at O/T Rate of$66.92 per hr x Est. 256 hours= $17,132 $17,132
Sergeant at O/T Rate of$79.21 per hr x Est. 52 hours = $4,119 $4,119
A.3 Benefits (Included in Straight Time Rate)
TOTAL PERSONNEL SERVICES $21,251
B. Operating Expenses (maximum $2,500)
Decoy Operations, Shoulder Tap Operations and Narcotics Investigation"buy money" $500.00
TOTAL OPERATING EXPENSES $500.00
C. Equipment (maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
Laptop Computer with software programs $2,500.00
TOTAL EQUIPMENT $2,500.00
D. Travel Expense/Registration Fees (maximum $3,000)
(Registration fee for July 2009 GAP Conference attendees is $200 each) $600.00
Travel, per diem, and Lodging for the July GAP Conference $2,400.00
TOTAL TRAVEL EXPENSE $3,000.00
TOTAL BUDGET ESTIMATE, ALL CATEGORIES $27,251.00
Exhibit D
Payment Provisions
1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget
Estimate attached) shall be in arrears and made via
a formatspecified bye rth Office.ae. Failureetsoshall
be submitted in duplicate on a monthly basis in
submit invoices and reports in the required format shall relieve the State from obligation of
payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor
performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs
last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-
3036, Budget Act Statutes of 2009.
2. Revisions to the "Project Narrative" and the "Budget Estimate" may be requested by a change
request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance
Program Narrative and/or Budget Estimate supersede and replace the previous documents
bearing those names. A contract amendment will be required to implement any such changes
with the exception that changes in a budget line item of expense not to exceed five percent (5%)
of the line item may be authorized without requiring a contract amendment if the total amount of
the contract remains unchanged.
3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to
Contractor which are later disallowed by the State after audit or inspection of records maintained
by the Contractor.
4. Only the costs displayed in the "Budget Estimate" are authorized for reimbursement by the State
to Contractor under this agreement. Any other costs incurred by Contractor in the performance
of this agreement are the sole responsibility of Contractor.
5. Title shall be reserved to the State for any State-furnished or State-financed property authorized
by the State which is not fully consumed in the performance of this agreement. Contractor is
responsible for the care, maintenance, repair, and protection of any such property. Inventory
records shall be maintained by Contractor and submitted to the State upon request. All such
property shall be returned to the State upon the expiration of this contract unless the State
otherwise directs.
6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per
diem shall be at rates set in accordance with Department of Personnel Administration rates set
for comparable classes of State employees. No travel outside of the State of California shall be
authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without
prior authorization by the State.
Exhibit D
7. Prior authorization by the State in writing is required before Contractor will be reimbursed for
any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or
services to be purchased by Contractor and claimed for reimbursement. Contractor must justify
the necessity for the purchase and the reasonableness of the price or cost by submitting three
competitive quotations or justifying the absence of bidding.
8. Prior approval by the State in writing is required for the location, costs, dates, agenda,
instructors, instructional materials, and attendees at any reimbursable training seminar, workshop
or conference, and over any reimbursable publicity or educational materials to be made available
for distribution. Contractor is required to acknowledge the support of the State whenever
publicizing the work under the contract in any media.
9. It is understood between the parties that this contract may have been written before ascertaining
the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the contracts were executed after that
determination was made.
10.BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of
the current year and/or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no further force
and effect. In this event, the State shall have no liability to pay any funds whatsoever to
Contractor or to furnish any other considerations under this Agreement and Contractor
shall not be obligated to perform any provisions of this Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either cancel this Agreement with no liability
occurring to the State, or offer an agreement amendment to Contractor to reflect the
reduced amount.
Exhibit E
Special Terms and Conditions
1. Disputes: Any dispute concerning a question of fact arising under this contract which is
not disposed of by agreement shall be decided by the Director, Department of Alcoholic
Beverage Control, or designee, who shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the Contractor. The decision of the Department shall
be final and conclusive unless, within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the State a written appeal addressed to the
Director, Department of Alcoholic Beverage Control. The decision of the Director of
Alcoholic Beverage Control or his duly authorized representative for the determination
of such appeals shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection
with any appeal proceeding under this clause, the contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, Contractor shall proceed diligently with the performance
of the contract and in accordance with the decision of the State.
2. Termination Without Cause: Either party may terminate this agreement at any time for
any reason upon ten (10) days written notice. No penalty shall accrue to either party
because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if approved by the Office
of Legal Services, State Department of General Services, if required, and if adequate
funds are appropriated in Item 2100-101-3036, Budget Act of 2009, for the purposes of
this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance
with the provisions of CCC 307, Standard Contractor Certification Clauses. This
document may be viewed at: www.dgs.ca.gov/contracts.
5. If the State determines that the grant project is not achieving its goals and objectives on
schedule, funding may be reduced by the State to reflect this lower level of project
activity.
,
t7) arc t
111,8-84;71111:4
U
I,h
Z I'S
CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SONIA CARVALHO, CITY ATTORNEY
VIA: F.M. DELACH, CITY MANAGER AlVvi
DATE: JULY 7, 2009
SUBJECT: ADOPTION OF A RESOLUTION APPROVING A DISTRIBUTION POLICY FOR
TICKETS IN THE FURTHERANCE OF THE CITY'S REASONABLY DEFINED
PUBLIC PURPOSES
RECOMMENDATION
It is recommended that City Council adopt the proposed Resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
ADOPTING A DISTRIBUTION POLICY FOR TICKETS IN THE FURTHERANCE OF THE
CITY'S REASONABLY DEFINED PUBLIC PURPOSES
BACKGROUND
From time to time, the City receives tickets or passes from third party sources, both public and private.
In order for the City to continue distributing these tickets or passes to public officials, without it
constituting a gift to the receiving public official, the Fair Political Practice Commission ("FPPC")
now requires the City to adopt a duly written policy that identifies the legitimate public purpose for
which the ticket or pass was distributed. The policy must also contain a provision prohibiting public
officials from transferring any ticket and/or pass distributed under this policy to any other person,
except to members of the official's immediate family for their personal use.
The Resolution adopting the proposed ticket distribution policy, and the policy itself, are attached
hereto as Exhibit "A".
DISCUSSION
The Fair Political Practice Commission("FPPC")recently amended California Code of Regulations,
Title 2,Section 18944.1 to clarify that tickets and passes may be gifts to the benefiting public official,
when adequate consideration is not provided in return,or a statutory exception does not apply. (Gov.
Code§82028,subd.(a).). Public officials must report all gifts on their Statement of Economic Interest
("Form 700"),and are prohibited from accepting gifts from a single source during the calendar year
exceeding four-hundred and twenty dollars($420.00). (Gov.Code§89503,subd.(a);Code of Regs,
tit.2,§18940.2.).
Section 18944.1, as amended, provides methods by which public officials may continue to accept
tickets and passes without the tickets or passes constituting a gift to the public official. Section
18944.1 provides that public officials may receive or use complimentary tickets and/or passes if they
are disseminated in accordance with a duly written city policy that states the legitimate public
purpose(s) for which the ticket and/or pass was distributed. Tickets and passes are defined as
admission to a facility,event,show or performance for an entertainment,amusement,recreational,or
similar purpose. In accordance with Section 18944.1,we have prepared a written policy and resolution
for your review and consideration.
Furthermore, Section18944.1 now prohibits public officials from transferring any ticket and/or pass
distributed under the written policy to any other person,except to members of the official's immediate
family for their personal use.
Failure to adopt or comply with the written policy or an amended policy will cause a public official to
be subject to individual disclosure requirements for the purposes of an official's Form 700.The value
of any such ticket and/or pass will be subject to annual gift limits.
FISCAL IMPACT
There is no significant financial impact associated with the adoption of the proposed resolution and
policy.
ENVIRONMENTAL IMPACT
Not applicable.
Attachments : Exhibit"A"-Proposed Resolution and Policy
RESOLUTION NO. -
PAGE 4
EXHIBIT A
CITY OF AZUSA
TICKET DISTRIBUTION POLICY
1.0 Purpose of Policy.
1.1 The purpose of this Policy is to ensure that all Tickets the City receives from
public and private entities and individuals are distributed in furtherance of governmental
and/or public purposes.
2.0 Application of Policy.
2.1 Types of Tickets: This Policy applies to Tickets which provide admission to or
use of a facility or event for an entertainment, amusement, recreational or similar
purpose, and are either:
a) gratuitously provided to the City by an outside
source;
b) acquired by the City by purchase;
c) acquired by the City as consideration pursuant to
the terms of a contract for the use of a city venue; or
d) acquired and distributed by the City in any other manner.
2.2 Policy Applicable to Tickets Only: This Policy shall only apply to the City's
distribution of Tickets to, or at the behest of, a City Official. This Policy does not apply to
any other item of value provided to the City or any City Official, regardless of whether
received gratuitously or for which consideration is provided.
2.3 This Policy, together with the procedures established pursuant to Section 4.4
below, shall supersede and replace any prior City policy governing Tickets to which this
Policy applies.
3.0 Definitions.
Unless otherwise expressly provided herein, words and terms used in this Policy
shall have the same meaning as that ascribed to such words and terms in the California
Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same
may from time to time be amended) and the Fair Political Practices Commission
("FPPC") Regulations (Title 2, Division 6 of the California Code of Regulations, Sections
18110 et seq., as the same may from time to time be amended).
ORANGE\NSTUBBS\57900.1 4
RESOLUTION NO. -
PAGE 5
3.1 "City" or "City of Azusa" shall mean and include the City of Azusa, the Azusa
Redevelopment Agency, any other affiliated agency created or activated by the Azusa
City Council, and any departments, boards and commissions thereof.
3.2 "City Official" shall mean and refer to the City's "public officials," as that term
is defined by Government Code Section 82048 and FPPC Regulation 18701. Such term
shall include, without limitation, any City board, commission, or committee member or
other appointed official or employee required to file an annual Statement of Economic
Interests (FPPC Form 700).
3.3 "FPPC" shall mean and refer to the California Fair Political Practices
Commission.
3.4 "Immediate family" shall mean and refer to the spouse and dependent
children.
3.5 "Policy" shall mean and refer to this Ticket Distribution Policy.
3.6 "Ticket" shall mean and refer to a "ticket or pass" as that term is defined in
FPPC Regulation 18944.1, as amended from time to time, but which currently defines a
"ticket or pass" as admission privilege to a facility, event, show or performance for an
entertainment, amusement, recreational, or similar purpose.
4.0 General Provisions.
4.1 No Right to Tickets: The use of complimentary Tickets is a privilege extended
by the City and not the right of any person to which the privilege may from time to time
be extended.
4.2 Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant
to this Policy shall not be transferred to any other person, except to members of such
City Official's immediate family solely for their personal use.
4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No
person who receives a Ticket pursuant to this policy shall sell or receive reimbursement
for the value of such Ticket.
4.4 Implementation of Policy: The City Manager shall have the authority, in his or
her sole discretion, to establish procedures for the distribution of Tickets in accordance
with this Policy. All requests for Tickets which fall within the scope of this Policy shall be
made in accordance with the procedures established by the City Manager.
4.5 Designation of Agency Head: The City Manager or his/her designee shall be
the "Agency Head" for purposes of implementing the provisions of this Policy and
completing and posting the FPPC California Form 802.
ORANGE\NSTUBBS157900.1 5
RESOLUTION NO. -
PAGE 6
4.6 No Earmarking of Ticket to City: No Ticket gratuitously provided to the City by
an outside source and distributed to, or at the behest of, a City Official pursuant to this
Policy shall be earmarked by the original source for provision to a particular City Official.
5.0 Conditions Under Which Tickets May be Distributed.
Subject to the provisions of this Policy, complimentary Tickets may be distributed
to City Officials under the following conditions:
5.1 The City Official reimburses the City for the face value of the Ticket(s).
5.2 The City Official treats the Ticket(s) as income consistent with applicable
federal and state income tax laws.
5.3 The distribution of the Ticket(s) to, or at the behest of, the City Official
accomplishes a governmental and/or public purpose. The following list of governmental
and/or public purposes the City may accomplish through the distribution of Tickets is
illustrative rather than exhaustive:
a) Facilitating the performance of a ceremonial role or
function by a City Official on behalf of the City at an event.
b) Facilitating the attendance of a City Official at an event
where the job duties of the City Official require his or her
attendance at the event.
c) Promotion of intergovernmental relations and/or
cooperation and coordination of resources with other
governmental agencies, including, but not limited to,
attendance at an event with or by elected or appointed public
officials from other jurisdictions, their staff members and their
guests.
d) Promotion of City resources and/or facilities available to
Azusa residents.
e) Promotion of City-run, sponsored or supported
community programs or events.
f) Promoting, supporting and/or showing appreciation for
programs or services rendered by charitable and non-profit
organizations benefiting Azusa residents.
ORANGE\NSTUBBS\57900.1 6
RESOLUTION NO. -
PAGE 7
g) Promotion of business activity, development, and/or
redevelopment within the City.
h) Promotion of City-owned businesses.
i) Promotion of City tourism on a local, state, national or
worldwide scale.
j) Promotion of City recognition, visibility, and/or profile on a
local, state, national or worldwide scale.
k) Promotion of open government by City official
appearances, participation and/or availability at business
and/or community events.
I) Increasing public exposure to, and awareness of, the
various recreational, cultural, and educational venues and
facilities available to the public within the City.
m) Attracting or rewarding volunteer public service.
n) Encouraging or rewarding significant academic, athletic,
or public service achievements by Azusa students, residents
or businesses.
o) Attracting and retaining highly qualified employees in the
City service.
p) Recognizing or rewarding meritorious service by a City
employee.
q) Promoting enhanced City employee performance or
morale.
r) Recognizing contributions made to the City by former
City Council Members or City employees.
6.0 Disclosure Requirements.
6.1 This Policy shall be posted on the City website in a prominent fashion.
6.2 Tickets distributed by the City to any City Official either i) which the City
Official treats as income pursuant to Section 5.2 above, or ii) for one or more public
purposes described in Section 5.3 above, shall be posted on the City website in a
prominent fashion, within thirty (30) days after distribution. Such posting shall
ORANGEINSTUBBS157900.1 7
RESOLUTION NO. -
PAG E 8
incorporate the use of FPPC California Form 802, attached to and incorporated in this
Policy as Exhibit 1 , or such alternative form(s) as may from time to time be designated
by the FPPC.
6.3 Tickets distributed by the City for which the City receives reimbursement from
the City Official as provided under Section 5.1 above shall not be subject to the
disclosure provisions of Section 6.2.
ORANGE\NSTUBBS\57900.1 8
RESOLUTION NO. -
PAG E 9
EXHIBIT 1
CALIFORNIA FORM 802
[Attached]
ORANGE\NSTUBBS\57900.1 9
Tickets Provided by
• A Public Document TICKETS PROVIDED BY
Agency Report AGENCY REPORT
1.Agency Name Date Stamp California Q 02
Form v
Division,Department,or Region (if applicable) For Offidal Use Only
Street Address
Area Code/Phone Number E-mail
0 Amendment (Must explain in Part 5.)
Agency Contact(name and title) Date of Original Filing: (month,day,year)
2. Event For Which Tickets Were Distributed
Date(s) of Event: Description of Event:
Face Value of Ticket:$
Agency Event 0 Yes 0 No (Identify source of tickets below.)
Name of Outside Source of Ticket(s) Provided to Agency:
Number of Tickets Received: Ticket(s) Provided to Agency: 0 Gratuitously ❑Pursuant to Contract
3.Agency Official(s) Receiving Ticket(s) (use a continuation sheet for additional names)
Name of Official Number State Whether the Distribution is Income to the Official or
(Last,First) of Tickets Describe the Public Purpose for the Distribution
4. Individual or Organization Receiving Ticket(s) (Provided at the behest of an agency official.)
Name of Behesting Agency Official:
Name of Individual or Organization: Number of Tickets:
Description of Organization:
Address of Organization:
Number and Street City State Zip Code
Purpose for Distribution: (Describe the public purpose for the distribution to the organization.)
5. Verification
I have determined that the distribution of tickets set forth above is in accordance with the provisions-of FPPC Regulation 18944.1.
Signature of Agency Head or Designee Print Name Title (month,day,year)
Comment: (Use this space or an attachment for any additional information including amendment explanation.)
FPPC Form 802(Feb/09)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275-3772)
Tickets Provided by California 802
Agency Report Form
A Public Document
This form is for use by all state and local government • Gratuitously;or
agencies to disclose the distribution of tickets or passes • Pursuant to a contract.
that allow admission to facilities,events,shows,or Part 3. Agency Official(s)Receiving Ticket(s)
performances for entertainment,amusement,recreational, Disclose the name of each agency official that received
or similar purposes. The agency must complete Form a ticket or pass and the number of tickets or passes the
802 identifying agency officials who receive tickets or official received. Also state whether the distribution is
passes from the agency as well as other individuals income to the official or describe the public purpose for
and organizations that receive tickets or passes at the which the official received the tickets or passes.
behest of agency officials. Form 802 must be posted in a
prominent fashion on the agency's website. Part 4. Individual or Organization Receiving Ticket(s)
If tickets or passes were distributed to an individual or
Gifts of Tickets or Passes to Public Officials organization outside the agency,at the behest of an official
FPPC Regulation 18944.1 sets out the circumstances of the agency,provide the name of the official. Disclose
under which an agency's distribution of tickets or passes to the name(s)of the individuals(s)who received the tickets
or at the behest of an official in the agency does not result or passes and the number of tickets or passes provided. If
in a gift to the official. (Regulation 18944.1 is available the tickets or passes were provided to an organization,the
on the FPPC website at www.fppc.ca.gov.) Even though agency may post the name,address,a description of the
the distribution of tickets or passes to a public official organization,and the number of tickets or passes provided
under the regulation is not a gift to the official,the agency to the organization in lieu of posting the name of each
must disclose the distribution on Form 802. The official individual that received a ticket or pass.Also,describe
does not have to disclose tickets or passes received or the public purpose for the distribution to the individual or
distributed under the regulation on his or her Statement organization.
of Economic Interests(Form 700),but tickets or passes
received or distributed by the official that do not fall under
Part 5. Verification
the regulation may be subject to disclosure on the official's The agency head or his or her designee must sign the
Form 700 and subject to gift limits. form.
Posting Form 802 Privacy Information Notice
The Form 802 must be posted on the agency's website Information requested on all FPPC forms is used by the
within 30 days after the distribution. If the agency does FPPC to administer and enforce the Political Reform
not maintain a website,the form must be maintained by Act(Government Code Sections 81000-91014 and
the agency as a public record,be available for public California Code of Regulations Sections 18109-18997).
inspection and copying,and be forwarded to the FPPC for All information required by these forms is mandated by
posting on its website. the Political Reform Act. Failure to provide all of the
information required by the Act is a violation subject to
Part 1. Agency Identification administrative,criminal,or civil prosecution. All reports
List the agency's name,address and the name of an and statements provided are public records open for public
agency contact. Mark the amendment box if changing any inspection and reproduction.
information on a previously filed form and include the date
of the original filing. If you have any questions regarding this Privacy Act
Notice,please contact the FPPC.
Part 2. Event For Which Tickets Were Distributed General Counsel
Provide the date(s)of the event,a description of the event, Fair Political Practices Commission
and the face value(i.e.the cost to the public)of the ticket 428 J Street,Suite 620
or pass. Check the box indicating whether the event was Sacramento,CA 95814
an"agency event"(such as a county fair,or an event (916)322-5660
for which the agency purchased tickets). If the agency
received the tickets from an outside source,identify the
source,the number of tickets received,and check the box
to identify whether the tickets or passes were provided to
the agency: FPPC Form 802(Feb/09)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/275.3772)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ADOPTING A DISTRIBUTION POLICY FOR TICKETS IN
THE FURTHERANCE OF THE CITY'S REASONABLY DEFINED
PUBLIC PURPOSES
WHEREAS, from time to time, the City of Azusa ("City") receives tickets or
passes from third party sources, both public and private; and
WHEREAS, under Title 2 of the California Code of Regulations, Section 18944.1
("Section 18944.1") these tickets and/or passes are defined as an admission to a
facility, event, show or performance for an entertainment, amusement, recreational, or
similar purpose; and
WHEREAS, the City finds that the receipt of all such discounted, free or
purchased tickets and/or passes are public resources; and
WHEREAS, on December 11, 2008, the Fair Political Practices Commission
("FPPC") adopted new regulations that set up the circumstances under which the
receipt of tickets andpasses bya public official would need to disclosed by the City and
p
the circumstances under which they would be distributed to public officials and not
trigger disclosure requirements on the public official's Statement of Economic Interests
("Form 700"); and
WHEREAS, the City desires to distribute these public resources in a manner that
furthers the City's governmental and public purposes as reasonably described herein,
such as the promotion of City events affecting or involving the City; and
WHEREAS, according to Section 18944.1 these tickets and/or passes are not
gifts to "public officials" if these tickets and/or passes are disseminated in accordance
with a duly adopted written policy written in compliance with Section 18944.1,
subdivision (b)(2); and
WHEREAS, the FPPC has clearly stated that it recognizes the discretion of the
legislative or governing body of an agency to determine whether the distribution of
tickets and/or passes serves a legitimate public purpose of the City, provided that the
determination is consistent with state law.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Policy Adoption. The City Council hereby adopts the Ticket
Distribution Policy attached hereto and incorporated herein as Exhibit A.
ORANGEINSTUBBS\57900.1
RESOLUTION NO. -
PAGE 2
Section 2. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED AND ADOPTED this day of 2009.
JOSEPH R. ROCHA, MAYOR
CITY OF AZUSA
ATTEST:
VERA MENDOZA, CITY CLERK
CITY OF AZUSA
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
CITY ATTORNEY
ORANGE\NSTUBBS\57900.1
2
RESOLUTION NO. -
PAGE 3
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, VERA MENDOZA, City Clerk of the City of Azusa, California, DO HEREBY
CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City
Council of the City of Azusa held on the day of 2009, and was carried by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
VERA MENDOZA, CITY CLERK
CITY OF AZUSA
ORANGE\NSTUBBS\57900.1 3
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ZUS
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA,CHIEF OF POLICEA
VIA: F.M. DELACH,CITY MANAGER 4/
DATE: JULY 7, 2009
SUBJECT: APPROVE EXECUTION OF AGREEMENT FOR THE CITY OF AZUSA TO
ENTER INTO CONTRACT SERVICES WITH ALL CITY MANAGEMENT
SERVICES (ACMS)
RECOMMENDATION
It is recommended that the City Council adopt the attached agreement between the City and
ACMS for crossing guard services.
BACKGROUND:
This is a proposal for the continuation of outsourcing crossing guards for the City of Azusa.
Azusa staffs 12 crossing guard posts at different intersections throughout the City. The program
also provides for a Crossing Guard Supervisor who reports to ACMS and the Police Department
as needed. Most of the posts safeguard crossing of school-aged children in the mornings and
afternoons. One post is dedicated to ensuring the safety of senior citizens as they walk to and
from the Azusa Senior Center.
The company being proposed is ACMS, a private company that contracts crossing guard service
for numerous municipalities and school districts throughout California, including Covina,
Baldwin Park and La Puente. They currently employ over 1800 school crossing guards and
supervisors. ACMS is the only company in the Los Angeles area whose sole function is crossing
guard service.
1
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 7th day of July, 2009 by and between the City of
Azusa, a municipal organization organized under the laws of the State of California with its
principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295
("City") and All City Management Services, with its principal place of business at 1749 South
La Cienega Blvd, Los Angeles, CA 90035-4601 ("ACMS"). City and ACMS are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing investigation services to
public clients, is licensed in the State of California.
2.2 Project.
City desires to engage Consultant to render such services for Crossing Guard Service
("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Crossing Guard Services necessary for
the Project ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws,rules and regulations.
3.1.2 Term. The term of this Agreement shall commence at 0001 hours on July
1, 2009. Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.1.3 Initial Term — Operations. This Agreement is effective on the
commencement date set forth in this Agreement. The initial term of this Agreement for the
Services of Crossing Guards shall be for the period commencing on the services commencement
date and terminating on a date three (3) years thereafter.
3.1.4 Subsequent Terms and Conditions. Following the initial three (3) year
term, and upon the acceptability of previous service, this Agreement may be renewed by written
agreement of the parties for (2) two successive one (1) year terms. Negotiations for all such
renewal terms shall begin at least ninety (90) days prior to the then current expiration date.
The compensation put forth in this Agreement will not increase for the
2010-2011 Fiscal year. Any subsequent increases will be negotiated between the City and the
Consultant and will not exceed 5%.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control.. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond
to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City.
3.2.5 City's Representative. The City hereby designates Captain John Momot,
or his or her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Consultant shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Mr. Baron
Farwell, or his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident
for bodily injury or disease.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2)the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
shall not exceed One Hundred Twenty Eight Thousand Two Hundred and Forty dollars
($128,240.00) without written approval of the City Manager. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall,within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant's
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen(15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor: All City Management Services
1749 South La Cienega Blvd
Los Angeles, CA 90035-4601
City: City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project inany magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment,hypothecation or transfer.3.5.13 Construction; References; Captions. Since the
Parties or their agents have participated fully in the preparation of this Agreement, the language
of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and volunteers except
as otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA ALL CITY
MANAGEMENT SERVICES
By: By:
City Manager Baron Farwell
General Manager
Attest:
Vera,Mendoza
City Clerk
Approved as to Form:
Best Best& Krieger LLP
City Attorney
EXHIBIT"A"
SCOPE OF SERVICES
1. The Contractor will provide personnel equipped and trained in appropriate
procedures for crossing pedestrians in marked crosswalks. Such
personnel shall be herein referred to as a Crossing Guard. The
Contractor is an independent Contractor and the Crossing Guards to be
furnished by it shall at all times be its employees and not those of the City.
2. The City shall have the right to determine the hours and locations when
and where Crossing Guards shall be furnished by the Contractor. The
Contractor shall notify the City in writing of any changes which may need
to occur in hours of work or locations. The City further has the power to
add to,delete from,or revise the work schedule/locations at any time.
3. The Contractor shall provide supervisory personnel to see that Crossing
Guard activities are taking place at the required places and times, and in
accordance with all items of this Agreement.
4. The Contractor shall maintain adequate reserve personnel to be able to
furnish alternate Crossing Guards in the event that any person fails to
report for work at the assigned time and location.
5. The Contractor shall provide personnel properly trained as herein
specified for the performance of duties of Crossing Guards. In the
performance of their duties the Contractor and employees of the
Contractor shall conduct themselves in accordance with the conditions of
this Agreement and the laws and codes of the State of California
pertaining to general pedestrian safety and school crossing areas.
6. Crossing Guard Services shall be provided by the Contractor at the
designated locations and at the designated hours on all days on which the
designated schools in the City of Azusa are in session.
7. The Contractor shall provide all Crossing Guards with apparel by which
they are readily visible and easily recognized as Crossing Guards. Such
apparel shall be uniform for all persons performing the duties of Crossing
Guards and shall be wom at all times while performing said duties. This
apparel must be appropriate for weather conditions. The Contractor shall
also provide all Crossing Guards with hand held Stop Signs and
appropriate safety vest.
8. The City agrees to pay the Contractor for the services rendered pursuant
to this Agreement the sum of Thirteen Dollars and Thirty Four cents
($13.34) per hour of Crossing Guard services provided. It is understood
and agreed that contractor's compensation shall not exceed One Hundred
Twenty Eight Thousand Two Hundred Forty dollars ($128,240.00) per
calendar year = (9,613 hours of service x $13.34).
9. In the event that this Agreement is extended beyond (date), the
compensation for services shall be established by mutual consent of the
parties. Said payment shall be made upon written statement to the City by
the Contractor and approval of the appropriate City representative.
10. The Contractor will provide Crossing Guard service during the traditional
school year and the summer. This will include crossing guards at 12
locations for a total of 9,613 hours. The crossing guard supervisor is
provided by the contractor.
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AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER 1M
DATE: July 7, 2009
SUBJECT: APPROVE EXECUTION OF AGREEMENT FOR THE POLICE
DEPARTMENT TO ENTER INTO CONTRACT SERVICES WITH
N2VEINS.
RECOMMENDATION
It is recommended that the City Council approve the attached professional services
agreement between the City and N2Veins for mobile blood collection for investigative
purposes.
BACKROUND
When the Police Department arrests a person for driving under the influence (DUI), the
arrestee is required to provide a blood or breath sample as part of the investigation. If the
arrestee chooses blood the officer takes them to a local hospital which normally takes a
minimum of one hour to complete the blood draw. Once complete, the officer takes the
arrestee to the police station and begins the booking process.
N2Veins is a mobile evidence collection service (the only one that services the Azusa
area) which comes to the Police Department and draws blood from an arrestee. This can
be done while the person is being booked into jail. The blood vial is given to the arresting
officer who places it into evidence. This saves an officer the time of waiting at the
hospital and transportation time to and from the hospital.
N2Veins will also conduct forced blood draws on arrestees who refuse to consent to a test
as prescribed by law. Hospitals refuse to do forced blood draws which can hinder
investigations involving deaths or serious injury.
FISCAL IMPACT
N2Veins costs $1,500.00tper month for unlimited blood draws. In the approved budget for F/Y
09/10, staff budgeted $18,000 for N2Veins services under Medical Services, Account
#10203100006350.
Attachments:
Agreement
Prepared by:
Captain John Momot
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 15th day of June, 2009 by and
between the City of Azusa, a municipal organization organized under the laws of the
State of California with its principal place of business at 213 East Foothill Boulevard,
Azusa, California 91702-1295 ("City") and N2Veins Blood Collection Service, a
California corporation with its principal place of business at P.O. BOX 1224 Cudahy,
CA 90201 ("Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth in
this Agreement. Consultant represents that it is experienced in providing forensic
medical services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional forensic
medical services necessary under this agreement ("Services"). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2009 to
June 30, 2010, unless earlier terminated as provided herein. This Agreement may be
extended by the Parties, by future agreement, for one (1) year periods. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.5 City's Representative. The City hereby designates the Azusa Police Department's
Operations Captain, or his or her designee, to act as its representative for the performance
of this Agreement("City's Representative"). City's Representative shall have the power
to act on behalf of the City for all purposes under this Contract. Consultant shall not
accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Azucena Ruth Frias,
N2Veins President or her designee,to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project,
a threat to the safety of persons or property, or any employee who fails or refuses to
perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed
of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of
any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all insurance
required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against claims
for injuries to persons or damages to property which may arise from or in connection
with the performance of the Agreement by the Consultant, its agents, representatives,
employees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage form number
CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for
bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees,
agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of the Consultant's scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers
shall be excess of the Consultant's insurance and shall not be called upon to contribute
with it in any way.
(B) Automobile Liability. The automobile liability
policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
the ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended,
voided, reduced or canceled except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall
not affect coverage provided to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
directors, officials, officers, employees, agents and volunteers; or(2) the Consultant shall
procure a bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do
business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include,but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Eighteen Thousand Dollars ($18,000) without written
approval of the City Council. Extra Work may be authorized, as described below, and if
authorized,will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part
as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant: N2Veins Blood Collection Service
P.O. BOX 1224
CUDAHY, CA 90201
City:
Azusa Police Department
725 North Alameda Ave.
Azusa, CA 91702
Attn: Operations Captain, Azusa Police Department
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred,regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under this
Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree
in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to
Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as may
be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions or willful misconduct of Consultant, its
officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Consultant shall defend, at Consultant's own cost, expense
and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that
may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not
be restricted to insurance proceeds, if any, received by the City, its directors, officials
officers, employees, agents or volunteers
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by a
writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement,the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only,and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is
declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,
the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than a
bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code
which require every employer to be insured against liability for Worker's Compensation
or to undertake self-insurance in accordance with the provisions of that Code, and agrees
to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
CITY OF AZUSA N2Veins Blood Collection Service
By: By:
F.M. Delach
City Manager Azucena Frias
Owner
Attest:
Vera, Mendoza
City Clerk
Approved as to Form:
Best Best&Krieger LLP
City Attorney
EXHIBIT"A"
SCOPE OF SERVICES
As used in this Agreement,the following words or phrases, shall be interpreted to mean:
1. "Technician", shall be interpreted to mean,and include,those who are licensed or certified
in the State of California as Registered Nurse,
Licensed Vocation Nurse, Paramedics, Phlebotomist and all others as may be, or
become, licensed or certified healthcare professionals authorized to collect forensic
evidence.
2. "Forensic medical services",shall include blood,and taser dart removal and such other
services as may be agreed upon by City and Consultant.
3. "Dry Run" defines those instances when the police department of the City requests
Consultant to perform a forensic service as specified herein, and Consultant is unable to
perform that service through no fault of its own or its employed technicians.
4. "Dispatch Center" shall mean the telephonic number provided by Consultant, available
twenty-four(24)hours per day, seven (7) days per week, for purposes of requesting its
forensic medical services.
Forensic Medical Service Area: Consultant shall provide those forensic medical services
requested by the police department ofthe City only within the jurisdictional confines, or borders,
of the City as defined by its Charter or Articles of Incorporation.
Forensic Medical Service Technicians: Consultant shall, without exception, provide only those
technicians qualified to perform the forensic medical services requested by the police department
of the City.
Response Time: When a request for forensic medical service is made by the police department of
City,Consultant's technician responding to that request shall present themselves at the location of
the requested service on or before forty-five(45)minutes following the service request.
Court Appearance by Technician: At the request of City, or as ordered by properly served
subpoena, Consultant shall have its technicians appear and testify in State or Federal court, or
other judicial or quasi-judicial forum, with respect to forensic medical service performed by
them.
Compensation for Forensic Medical Services: Consultant shall charge City the following rates
for services rendered under this Agreement:
$1,500.00 Monthly rate for unlimited
Blood Withdrawals,Dry Run Blood,and
Taser Dart Removal
Court Time(Per Hour) $90.00
*(Actual time in court only,no on-call fee
charge)
p
A eG
AZUSA
CONSENT ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LENORE GONZALES,ACTING RECREATION SUPERVISOR
RECREATION AND FAMILY SERVICES
VIA: F.M.DELACH, CITY MANAGERrv,U
DATE: JULY 7,2009
SUBJECT: AWARD OF CONTRACT TO MORRISON HEALTH CARE,INC.FOR ON SITE
COOKING FOR SENIOR NUTRITION PROGRAM
RECOMMENDATION:
It is recommended that City Council accept the bid by Morrison Health Care,Inc.for on site cooking
for the Senior Nutrition Program and award the contract respectively.
BACKGROUND:
On Monday,April 6,2009,City Council approved a staff request to go out to bid for the provision of
meals for the Senior Nutrition Program as per the Los Angeles County Area Agency on Aging
required third party contract sample submitted to Council. On Monday,April 13,2009,bid packets
were mailed to all interested bidders, including all area contractors on the AAA approved kitchen
list. The bid opening was held on Wednesday, May 20, 2009. Packets were received from the
following:
Morrison Health Care,Inc.($2.90 per hot meal,$2.90 per frozen meal)
Unified Nutrimeals($2,70 per hot meal,$3.13 per frozen meal)
Although you will find that Morrison's price per meal of$2.90 is 20 cents higher than Unified
Nutrimeals proposal of$2.70 per meal($3.13 per frozen meal),the recommendation is based on the
following information where you will fmd the pros and cons of both services based on bid packets,
reference information, and a bid analysis prepared by Susan Paragas,Accountant, City of Azusa
Finance Department.(see attached)
In summary, we have determined that though their bid is $7,292.00 more annually, Morrison's
9 %V\XL,
1 \T
provides a greater daily staffing complement (three employees compared to two for Unified
Nutrimeals). We have also determined that their menu is more diverse. The continuity of service,as
well as the level o'customer service provided by Morrison's has been factored into this decision as
well. (75)volunteers,totaling more than 3,500 volunteer hours annually,share an excellent rapport
with Morrison's, as it has for the last 12 years, and it would be in the best interest of the City of
Azusa Senior Center Nutrition Program to continue their relationship at this time. Morrison's works
hard to accommodate our needs and is very reputable. Most importantly, our seniors enjoy the
meals.
On Thursday, June 25, 2009,the City of Azusa received a correspondence from Susan Kennedy,
MBA, RD, Area Agency on Aging Nutritionist for the Los Angeles County Department of
Community and Senior Services: "We have reviewed your bid information and approve your choice
of Morrison as caterer for Azusa Elderly Nutrition program."
The one-year contract allows for(2) one-year extensions that would take the agreement to 2011-
2012,where it would fall in line with the expiration of the current contract with Los Angeles County.
FISCAL IMPACT:
The cost of meals in the previous contract was$2.73 per meal. The difference between contracts is
.17 cents per meal. The fiscal impact in selecting Morrison's at this time is $6,400.00. An
additional General Fund contribution($6,400)will be needed to supplement the Senior Nutrition
Contract cost.
09-077
Attachments:
Nutrition Bid Comparison
Nutrition Bid Analysis
Food Service Agreement
Bid Packet Information
Morrison's
*Packet complete and efficient.
*Although it was not requested, an Emergency Meal Plan was included.
*Offers 2 entree choices on Fridays. This is something that the seniors are accustomed
to.
*Morrison's bid includes having 3 employees on duty.
*Bid per meal is $2.90 for all hot and cold meals.
*More alternate choices per 6 week cycle.
Unified Nutrimeal
*Packet Catered Cost per Meal (pg. 4) and Bid Price Fact Sheet contradict each
other, there are 2 different prices.
*Does not offer 2 entrees (fish) on Fridays, which the seniors are accustomed to.
*Bid per meal is $2.70 per hot meal, and $3.13 per frozen meal.
*Offers fewer entree alternatives per 6 week cycle.
*Unified Nutrimeals includes having 2 employees on duty.
Comments from References:
Morrison's
Quality of food good, always on time, good accounting department, too much
chicken at times, never late with deliveries.
Unified Nutrimeal
Quality of food good, at times have not been notified of food substitutions —
problem corrected, great customer service, concern on food container
cleanliness — was corrected, temperature issues — corrected, good
accounting department.
Also, on Wednesday, June 3, 2009, Mercy Nava and I had the opportunity to
visit the Arcadia Senior Center, where we found that the food was good and
enjoyed by the seniors. Also, we noticed that there was not a salad offered
as we currently have with Morrison's, nor a juice provided as shown on menu.
Bid Analysis
*This will show the cost per meal breakdown.
*This will show that in selecting Morrison's in lieu of Unified Nutrimeals, there
would be a fiscal impact of an additional$7, 292.00
County of Los Angeles
FOR AAA USE ONLY
FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in duplicate at Los Angeles, California, is made by and between the
City of Azusa, a California profit/nonprofit corporation, hereinafter referred to as the Contractor, and
Management Specialist, Inc. dba Morrison Health Care,Inc., hereinafter referred to as the Subcontractor.
WITNESSETH
WHEREAS, the Contractor and the County of Los Angeles, hereinafter referred to as the County, have
entered into an Agreement which authorizes the Contractor to provide certain services, said Agreement being
Number AAA-ENP2-0809-001 of County Contracts, dated July 1, 2009: and
WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain
professional serviced subject to prior County approval: and
WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as
detailed elsewhere in the Agreement: and
WHEREAS,the Subcontractor desires to perform and provide such services:
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the
Contractor and the Subcontractor agree as follows:
AGREEMENT
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provide the services set forth in the Food Service Specifications,
which is attached hereto as Attachment 1 and by this reference incorporated herein. The rights and obligations
of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as
by the general provisions herein.
1
•
Section 2. Representative of the Parties and Service of Notice
The representatives of the respective parties who are authorized to administer this Agreement and to
whom formal notices, demands and communications shall be given are as follows:
A. The representative of the Contractor shall be,unless otherwise stated in the Agreement:
Joe Jacobs,Director of Recreation and Family Services
740 N.Dalton Ave.
Azusa, CA 91702
(626) 812-5220
B. The representative of the Subcontractor shall be:
Edward Clark, Vice President, Western Region
(Name and Title)
1727 Axenty Way
(Address)
Redondo Beach CA 90278
(310) 798-4017
(Phone)
Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed One Hundred Five Thousand Four
Hundred Dollars and no/100 ($105,400.00) for complete and satisfactory performance of the terms of this
Agreement. The Subcontractor shall be paid for providing services set forth in Attachment 1. Payment shall be
made on a Monthly basis(weekly,bi-weekly,monthly,etc).
*$2.90 per hot and frozen meals for C-1 &C-2 programs.
*$4.75 per dinner meals.
Section 4. Time of Performance
The term of this Agreement shall commence on July 1,2009 and end June 30,2010, provided that said
term is subject to the provisions of Section 14. Indemnity, Liability,and Insurance Requirements and Section
18,Termination and availability of Federal funds through the Area Agency on Aging.
In the fiscal year there are 250 serving days including the following holidays and special occasions:
July 4 Thanksgiving St. Patrick's Day
Labor Day Christmas Good Friday
Mexican Independence Day New Year's Cinco De Mayo
Oktoberfest Valentine's Day Mother's Day
Halloween Chinese New Year Memorial Day
Ash Wednesday Father's Day
2
Section 5. Notices,Demand,and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be
made in writing and may be effected by personal delivery or by registered or certified mail,
return receipt requested and shall be deemed effective as of the date of mailing.
B. Such notices, demands,or communications shall be addressed as set forth below:
(1) For the Contractor: authorized signatory
Joe Jacobs, Director of Recreation and Family Services
Senior Services
(Name and Title)
740 N.Dalton Ave.
Azusa,CA 91702
(Address)
(626) 812-5220
(Phone)
(2) For the Subcontractor:
Edward Clark,Vice President, Western Region
(Name and Title)
1727 Axenty Way
(Address)
Redondo Beach CA 90278
(310) 798-4017
(Phone)
C. If the name of the person designated to receive the notices, demands, or communications or the
address of such person is changed,written notice shall be given in accord with this section within
five(5)working days of said change.
Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under
this Agreement.
B. The Subcontractor shall maintain books, records, documents, and other accounting procedures
and practices which reflect all costs of any nature, including cost of raw food and labor costs
expended in the performance of the Agreement.
C. These records shall be subject to audit or inspection by duly authorized County, State or Federal
personnel.
D. The Subcontractor shall maintain all books, records, and other documents relative to this
Agreement for three (3) years after final payment or audit by the United States Department of
3
Health and Human Services, the California Department of Aging, the County of Los Angeles
Area Agency on Aging or five(5)years if no audit has occurred.
E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, on Insurance
Certificate that all persons handling funds received or disbursed by this Agreement are covered
by Fidelity Insurance, Liability Insurance, Workman's Compensation Insurance and applicable
Automobile Insurance.
F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public
Accountant audit which shall be conducted following generally accepted audit practices, to
determine that there has been a proper accounting for and use of contract funds. All records of
the Subcontractor bearing upon food purchases, storage, and food preparation directly related to
said program under this Agreement shall be made available to the Contractor upon request.
G. The Subcontractor shall furnish reports as required by the Contractor, Los Angeles County Area
Agency on Aging,California Department of Aging, and U.S.Administration on Aging.
H. The subcontractor shall use standardized recipes which meet HACCP requirements as part of
their HACCP Program and which shall be available to Contractor and Los Angeles County Area
Agency on Aging for review.
I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed
J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor,
Dietary Administrative Support Services Contractor,County, State or Federal personnel.
Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed
by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the
Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly
executed by both parties. Prior written approval shall be received from the Area Agency on Aging.
Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, licenses, certificates, and other documents as are required by
the State, County, City or other governmental or regulatory bodies to legally engage in and perform the services
to be provided under this Agreement such as public health license, L.A. County Health Department Inspection
Reports, Annual Fire Inspection Certificates, and other documents attached for County's approval. The
Subcontractor shall notify the Contractor of any suspension,termination, lapses, non-renewals, or restrictions of
required licenses, certificates, or other documents which may be cause for termination of the Agreement.
Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest,
direct or indirect, with respect to the Contractor which would create a conflict of interest.
B. No member, officer, or employee of the Contractor and no official, officer, or employee of the
County of Los Angles who exercises any responsibilities or functions with respect to the
4
Contractor during his tenure or for one year thereafter, shall have any interest, direct or indirect,
in the Agreement or the proceeds thereof.
C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement
upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this
warranty shall give the Contractor the right to terminate this contract or, at the discretion of the
Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage,
brokerage,or contingent fee.
Section 10. Independent Contractor Status of the Subcontractor
The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity
of an Independent Contractor and that no employees of the Subcontractor have been, are, or shall be employees
of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee
organization and each employee who is hired or retained under this Agreement.
Section 11. Assignment or Transfer of Interest
The subcontractor shall not assign or transfer any interest in this Agreement except that claims for
monies due or to become due from the Contractor under this Agreement may be assigned to a bank, trust
company,or other financial institution, or withheld by the County.
Section 12. Applicable Sections of Agreement Between the County of Los Angeles and the Contractor
The Contractor and the Subcontractor agree that all conditions set forth in the Agreement between the
County and Contractor, as applicable in the performance of this Agreement, are hereby included herein by
reference as though set forth herein in full. Referenced sections are available at the Contractor and the
Community and Senior Services of Los Angeles County for review during normal business hours.
Section 13. Discrimination Prohibited
A. The subcontractor shall no discriminate against any employee or person served on account of
race, color, sex, religious background, ancestry, national origin, or disability in its performance
of this contract, and hereby agrees to comply with all Federal, State, and County laws or
regulations pertaining hereto including the American Disability Act and applicable Civil Rights
Acts.
B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor
shall have the right to terminate said contract.
C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables
of minority manpower utilization and (2) specific affirmative action steps directed at increasing
minority utilization by means of applying good faith efforts to carry out such steps is to be
included.
Section 14. Indemnity,Liability,and Insurance Requirements
5
A. The Subcontractor agrees to indemnify and hold harmless the Contractor and the County of Los
Angeles, their officers, employees and assigns, against any and all claims arising from acts,
omissions, or negligence of the Subcontractor, its officers or employees. The Subcontractor shall
defend any suit against the Contractor and County alleging personal injury, sickness, or disease
arising out of meals served at the project sites (or home delivered) provided food is served one
hour after delivery(or eaten immediately after home delivery).
B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the
Subcontractor or Contractor and, in the event of a suit being filed. The Subcontractor shall
promptly forward to the Contractor all papers in connection therewith. The Contractor shall not
incur any expenses or make any settlement without the Subcontractor's consent. However, if
Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or
settle any such claim and the cost of such defense, adjustment, or settlement, including
reasonable attorney's fees shall be charged to the Subcontractor.
C. The Subcontractor shall furnish proof on the form of a hand signed certificate of insurance that
he/she carries insurance in the minimum amounts listed below prior to commencement of
performance under this Agreement. Such coverage shall be maintained currently effective until
receipt of final payment under the terms of this Agreement.
1)Comprehensive General Liability (including Product Liability)
$500,000 Combined Single(CSL)Minimum
2)Professional Liability
$1,000,000 Per Occurrence
D. Comprehensive Auto Liability(owned an non-owned)
Bodily Injury $100,000 each person
$300,000 each accident
$300,000 aggregate products
Property Damage $ 50,000 each accident
$250,000 aggregate operations
$250,000 aggregate protection
$250,000 aggregate products
$250,000 aggregate contractual
E. Worker's Compensation Statutory limit in accordance with Section 3700 and 3800 of the
Labor Code of the State of California
F. Additional Insured The Contractor (name of contractor) and County of Los Angeles
shall be named as additional insured on all policies or certificates.
G. Cancellation Notice 30 day Notice of Cancellation shall be mailed to the Contractor
and County of Los Angeles Area Agency on Aging at 3175 W. 6th
Street Suite 414,Los Angeles, CA 90020
6
H. In the event any new or additional meal locations are started,the insurance carrier shall name all new
or additional sites as insured under the policy.
I. Failure on the part of the Subcontractor to procure or maintain require insurance shall constitute a
material breach of agreement and Contractor may immediately terminate or suspend this Agreement.
Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement the Subcontractor shall obey all laws of the United States, the
State of California, and the ordinances, regulations, policies, codes, and provisions of the County of
Los Angeles and Area Agency on Aging.
B. The Subcontractor shall conform to the nutrition requirements under Title III-C of the Older
Americans Act of 1965, as amended, including providing the minimum Title III-C requirement per
person of one third of the Recommended Daily Dietary Allowance(RDA).
C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL),
the Hazard Analysis and Critical Control Point (HACCP) requirements and AAA Policies and
Procedures for Senior Nutrition Sites, Central Kitchens and Home Delivered Meals.
Section 16. Federal,State and Local Taxes
Federal, State, and local taxes shall be the responsibility of the Subcontractor as an independent
contractor and not as a Contractor employee.
Section 17. Renewal Options
This agreement is for one year only. It is optional on the part of the Contractor to renew the Agreement
if desired. However,all agreements must be put out to bid during the AAA RFP period. Contractors must
publicly bid on subsequent project year food contract. Bids will be awarded based on cost, capacity to provide
service,proven competency,quality of product, proximity of meal locations or other justifiable reasons subject
to review and acceptance by the AAA.
Section 18. Termination
This Agreement may be terminated by the Contractor at any time within the period of its duration upon
not less than thirty(30) days written notice by the Contractor to the Subcontractor or immediately for cause.
The Subcontractor may terminate this contract upon not less than thirty(30)days written notice to the
Contractor. Notice shall be as provided in Section 5 herein.
In addition,the contract may be terminated because of lack of funds, repeated citations by the Area
Agency on Aging, and failure to make corrective actions required by the Area Agency on Aging. In the event
funds to finance this contract, or part of this contract, become unavailable,the obligations of each party
hereunder may be terminated upon no less than ten(10)days written notice to the other party. Said notice shall
be delivered by certified mail,telegram or in person. The Area Agency on Aging shall be the final authority as
to the availability of Federal or State funds. Waivers of breach of any provision of the contract shall not be
construed to be a modification of the terms of the contract.
Section 19. Negotiation of Disputes
7
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the
parties concerned in such a manner that it will not delay or adversely affect the performance of the Contractor.
Should any questions still remain unresolved,the dispute will be submitted to the Director of the Area Agency
on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the
Subcontractor.
Section 20. Prior Approval of Subcontracts
The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated
under this Agreement without obtaining prior written approval of the Contractor and the Area Agency on Aging
which shall then be made a part of the original Agreement. No subcontracts shall be approved which would
incur an obligation higher than the original agreed upon price.
Section 21. Fair Labor Standards Compliance
Subcontractor agrees to indemnify,defend, and hold harmless the County of Los Angeles and
Contractor, its agents, officers,and employees from any and all liability including,but not limited to, wages,
overtime pay, liquidated damages,penalties,court costs,and attorney's fees arising under any wage and hour
law including,but not limited to,the Federal Fair Labor Standards Act, for services performed by the
Subcontractor's employees for which the Contractor or County may be found jointly or solely liable.
Section 22. Citizenship Laws
Subcontractor and Contractor warrants their full compliance with all laws regarding employment of
aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status
requirements contained in Federal Immigration Reform&Control Act of 1986. Subcontractor and Contractor
shall obtain, from all covered employees services hereunder,all verification and other documentation of
employment eligibility status required by Federal statutes and regulations as they currently exist and as they
may be hereafter amended. Subcontractor and Contractor shall retain such documentation for all covered
employees for the period prescribed by law. Subcontractor and Contractor shall indemnify, defend and hold
harmless the County, its officers,and employees from employer sanctions and any other liability which may be
assessed against Subcontractor and Contractor of County or both in connection with any alleged violation of
Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under
this contract.
Section 23. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment, in compliance with the California
Health and Safety Code,the AAA Standard Operating Procedures Manual,the Subcontractor shall comply with
the following requirements:
The Subcontractor shall hire a part-time Registered Dietitian(minimum 20 hours a week)who possesses
a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service
management emphasis from an accredited college or university, for supervision of the food services
operation within the catering company and/or central kitchen, or
The Subcontractor shall hire a qualified Food Service Manager who possess a B.S. degree in Food and
Nutrition with emphasis on food service management or restaurant management from an accredited
college or university, plus two (2) years professional experience as a food service supervisor; no less
8
•
than six (6)years of experience in the food service industry at a supervising level can be substituted for
the 4 year degree requirements.
The Subcontractor must submit,to the Contractor,the registration I.D.number and expiration date of the
Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service
Manager for the County's AAA approval.
The County may, at its sole discretion, waive this requirement or for repeated deficiencies or non
compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to
full time positions.
Section 24. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the
blank provided herein on both duplicate originals, which date shall be the date this Agreement is made,
provided,however,that the term shall be for the period set forth in Section 4 herein.
Section 25. Complete Agreement
This Agreement, Appendices, and Addendum if applicable and Attachment 1, contains the full and
complete agreement between the two parties and incorporated herein by reference. No verbal agreement or
conversation with any officer or employee of either party shall affect or modify any of the terms and conditions
of this Agreement.
IN WITNESS WHEREOF, the Contractor and the Subcontractor have caused this Agreement to be
executed by their duly authorized representatives.
Executed this Executed this
3rd day of Nov . , 2009 3(d day of K/c) , 2009
For: For:
City of Azusa Morrison Management Specialists, Inc.
Name of Contractor Dba Morrison Health Care, Inc,
(Name of Subcontractor)
By: %�l (� :�:rvw By:
Joseph R.Rocha, Mayor
Social Security
Number 2 2 3 _,
6 -627-16
Attest: � / _���' City Business
Vera Mendo a, City lerk License 011 LI
I—
Expiration Date D/, /2_0(C)
9
ADDENDUM
OTHER REQUIREMENTS
SUBCONTRACTOR SHALL:
1. Prepare meals in the Azusa Senior Center Kitchen, 740 N. Dalton Ave.,Azusa,CA.
2. Clean and care for all equipment(and that belonging to the City)used during meal preparation.
3. Discuss with Senior Center Staff any concerns regarding need for additional equipment and
containers for meal preparation/presentation. Purchase of said items may be negotiated.
4. As deliveries from vendors are received, appropriate items shall be dated and stored on shelves.
Dispose of boxes.
5. Retain ownership of all food and supplies located and stored at the Azusa facility for which
Contractor has been invoiced by the vendor.
6. In the event that subcontractor purchases or provides additional equipment or smallwares required to
prepare and provide meals, that equipment and smallwares shall remain the property of
subcontractor. Subcontractor will be solely responsible for the maintenance and replacement of
additional equipment. Subcontractor shall remove the additional equipment upon termination of this
agreement.
7. Contractor shall pay for separate phone line to kitchen office.
8. Keep floors clean in the dry storage room, walk-in freezer and refrigerator(daily as needed).
9. Clean stove, oven and hood areas daily.
10. Subcontractor will make contractor aware of all other contractors being served out of the Azusa
Senior Center.
11. Abide by the daily cleaning schedule as required by Los Angeles County and the City of Azusa
Senior Center.
12. Work closely with the Nutrition Site Manager on any additional items that need to be ordered, such
as monthly birthday ice cream and crackers for soup,etc. (additional items in need of ordering would
be paid by the Azusa Senior Center Nutrition Site Council/Azusa Senior Center).
CITY OF AZUSA SHALL:
1. Be responsible for repair of any City owned equipment.
2. Pay for gas and electricity.
•
3. Contract with maintenance service to empty trash and mop floors.
4. Be responsible for cleaning the facility as mutually agreed upon in a to-be-decided task list.
5. Be responsible for the cost of all pest control and extermination procedures.
PRIOR TO ENTERING AGREEMENT:
A complete inventory of all capital equipment and smallwares as well as their condition will be taken by Azusa
and Contractor at the start of this agreement. Annual inventories and audits of conditions will be taken by
Azusa and Contractor. Upon termination of agreement, all items according to the latest inventory must be
returned to the Azusa Senior Center in the same condition as received, less consideration for normal wear and
tear.
" L Interchange Corporate Center
' Liberty 450 Plymouth Road,Suite 400
to Mutual.. Plymouth Meeting,PA.19462-1644
Ph.(610)832.8240
BID BOND
Bond Number Bid Bond
KNOW ALL MEN BY THESE PRESENTS,that we Morrison Management Specialists, Inc.
2400 Yorkmont Rd. Charlotte, NC 28217-4511 , as principal(the"Principal"),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the
"Surety"),are held and firmly bound unto City of Azusa
213 E. Foothill Blvd. Azusa, CA 91702 , as obligee(the"Obligee"), in
the penal sum of Eleven Thousand Eighty Seven Dollars and 00/100
Eleven Thousand Eighty Seven Dollars and 00/100 Dottars(s $11,087 ),
for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our
heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has submitted a bid for. Title III C-1&C-2 meals for the Elderly prepared and
provided from City kitchen facitlity at 740 N Dalton Ave Azusa CA
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein,or, if no
period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding
or contract documents, or in the event of the failure of the Principal to enter into such contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void;
otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must
be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above,
within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one
(1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law,the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply.
DATED as of this 20th day of May 2009
WITNESS/ATTEST Morrison Management Specialists, Inc.
(Pri ip
1 fly/ ► kL By: (Seal)
Name: CCf
Title: 11,: ur
LIBERTY MU IN C - + P• Y
By:
411110 / " (Seal)
Attorney-in•Fact
Sarabeth Scott
Surety Phone No.
LMIC-5000 Rev.03/04
Wachovia Insurance Services, Inc.
300 E McBee Ave. Ste 303(29601)
Post Office Box 3478
Greenville. SC 29602
Tel 864 233-9626
800 338-7154
T
111110P4411-11 May 20, 2009 WACHOV1AINU NCE SERVICES
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Re: Morrison Management Specialists, Inc.
Gentlemen:
We are writing to you at the request of Morrison Management Specialists, Inc.
This principal has or is about to submit a proposal forritle Ili C-1&C-2 meals for
the Elderly prepared and provided from City kitchen facitlity at 740 N. Dalton Ave,Azusa,
If a contract for this work is awarded to Morrison Management Specialists, Inc.
the Liberty Mutual Insurance Company '
a surety licensed to conduct business in CA has agreed to act as
surety on the bond(s) as specified in the bid proposal. A copy of the bond
form to be used is attached.
Please let us know if you need anything further in this
regard.
S . ely,
1' a ►4
Sarabeth Scott
Attorney-In-Fact for
Liberty Mutual Insurance Company
Insurance Products:
Not Insured by FDIC or Any Federal Government Agency May Lose Value Not a Deposit of or Guaranteed by a Bank or Any Bank Affiliate.
LIBERTY MUTUAL INSURANCE COMPANY
HEAD OFFICE, BOSTON,MASSACHUSETTS
PERFORMANCE BOND
Bond Number:
KNOW ALL MEN BY THESE PRESENTS;That
(hereinafter called the Principal),and Liberty Mutual Insurance Company,a corporation of the Commonwealth of
Massachusetts(hereinafter called the Surety),are held and firmly bound unto
(hereinafter called the Obligee),in the full and just sum of
DOLLARS )
to the payment of which sum,well and truly be made,the Principal and Surety bind themselves,and each of their heirs,
administrators,executors and assigns,jointly n d severally,firmly by these presents.
WHEREAS,the Principal has by written agreement dated
entered into a contract with the owner for
for a period of year(s)which contract is hereby referred to and made a part of hereof.
WHEREAS,the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one
year.
NOW,THEREFORE,THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,that if the Principal shall well and
truly perform each and every,obligation In said contract at the time and in the manner specified during the term of this
bond,and shall reimburse said Obligee all loss and damage which said Obligee may sustain by reason of failure or default
on the part of said Principal,then this obligation shall be void,otherwise to remain in full force and effect.
PROVIDED,HOWEVER,That this bond is subject to the following conditions:
1. This bond is for the term beginning and ending
2. In the event of a default by the Principal in the performance of the contract during the term of this bond,the Surety
shall be liable only for the loss to the Obligee due to actual excess costs of performance which occurred during the
effective period of the bond,up to the maximum penalty of this bond.
3. No claim,action,suit,or proceeding,except as hereinafter set forth,shall be had or maintained against the Surety on
this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of
the bond term.
4. Neither non-renewal or cancellation by the Surety,nor failure,nor inability of the Principal to file a replacement bond
shall constitute loss to the Obligee recoverable under this bond.
5. The bond may be extended for additional terms at the option of the Surety,by continuation certificate executed by the
Surety.
6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee
named herein or the heirs,executors,administrators or successors of the Obligee.
7. This bond may be canceled by the Surety at any time provided notice is sent to the Obligee by Certified Mail at least
sixty(60)days prior to the effective date of such cancellation.
Signed and sealed this day of
By: Witness
LIBERTY MUTUAL INSURANCE COMPANY
,ATTORNEY-IN-FACT Witness
2528601
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
SARABETH SCOTT, JOHANNE S. PUCKETT, ALL OF THE CITY OF GREENVILLE,STATE OF SOUTH CAROLINA
,each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any all undertakings, bonds, recognizances and other surety obligaios in the penal sum not exceeding
FIFTY MILLION AND 00/100 DOLLARS($ 50,000,000.00***** )each,and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, co
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 13
•. attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their y
o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w
Oas binding as if signed by the president and attested by the secretary. C
.hC en
y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
CO*; >.
.0 C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby g
.:i_ authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and C
a 3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. �a O
E Qf 0 t-
o 3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d W
O— C �
d j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of L
LibertyMutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 3rd dayof April O O'
d 2009 P Y Y Y Q M
O4
US,0 LIBERTY MUTUAL INSURANCE COMPANY h.'0
O L.
3 R
p d By6.---::-..-...-56- G✓- S a
43'-
C coo Garnet W. Elliott,Assistant Secretary H o
6,,, COMMONWEALTH OF PENNSYLVANIA ss - c
O w COUNTY OF MONTGOMERY C Qi
t C On this 3rd day of April , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged N
o •- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 32
ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. To 0
8 E
IN TESTIMONY WH�E�,I„i ave1ereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year t er
v first above written / . ., *'co
csi
.l0 C , ! COMMOW ALTH Of PI NS LVA lI_A /I E
i �F Na ars d /,///( LN
'�'� L esd Pa M .;1e Pad ,F,.eh
O By �G��C._u-�c� C co
.N < m ,' %v-,-es<Tw M nsOt serf C i y _ 1
Z o- , r 1 C ¢lss 't xn f�ter.,i12e 2013 : O o
_I Ter sa Pastella,Notary Public o r
c^I.,e-nFnn,r,s.,:'6 Ms.,..a -o.0 sto os (p
CERTIFICATE \ Ti,',.%„,„--,,,,\ , I-r
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing
is a full,true and correct copy,is in full force and effect on the date of this certificate;and}-do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company
with the same force and effect as though manually affixed.
INi• Y HEREOF, f.: 4f unto subscribed my name and affixed the corporate seal of the said company,this y of
/, , ��?I .
v
/ By 4r' .
David M.Carey,Ass t Secretary
. 2528600
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
SARABETH SCOTT, JOHANNE S. PUCKETT, ALL OF THE CITY OF GREENVILLE, STATE OF SOUTH CAROLINA
,each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any*and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100 DOLLARS($ 50,000,000.00 )each,and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, �p
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a
. attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their H
co
o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d
o. as binding as if signed by the president and attested by the secretary. C
Y co
dBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
R«>
.o C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby i
E authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and
'a 3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. o O
E a) ca f-
w 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >W
O— CE
d > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C C.
�0 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 3rd day of April , =C
m 7 2009 . Q r)
a�0 LIBERTY MUTUAL INSURANCE COMPANY I--a
O ` 3a
o ,) By ... ..�s� G✓- s --�r> a c6a
C cooGarnet W. Elliott,Assistant Secretary H p
ai,., COMMONWEALTH OF PENNSYLVANIA ss -
a w COUNTY OF MONTGOMERY a;
•C c On this 3rd day of April , 2009 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged .�
O•— that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above a Z
E w Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. io d
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IN TESTIMONY WHE OF,I0.�iereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year v
a first above written. <., ,- . . s *'co
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CERTIFICATE ,.:, ,�'
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing
is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and bindi upon the company
with the same force and effect as though manually affixed.
IN TE `r i Y WHEREOF,I 1:,:: unto subscribed my name and affixed the corporate seal of the said company,this day of
f
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-,_ ., By
Davi M.Carey,Ass' tit Secretary
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RETURN RENEWAL NOTICE TO ABOVE ADDRESS AND MAKE CHECK PAYABLE TO C/TY OF AZL'SA.
1°6 (l1O
l)v 11 S 09
City of Azusa Request for Sealed Bids:
PROJ NAME NO. & PLACE: Title III C-1 and C-2 Nutrition Program for the Elderly 5/20/2009 @ I 6(7.:UD 6L ni -
BIDDER'S NAME:
1 Morrison_ Fla kicey eme�T ectc,1)sT TA) ko-rcczTered '2' �-- bD/ L • _ FrbZe't
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3
4
5
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7
8
9
10
11
12
13
14
15
16
PRESENT: ioA2 Jo Colos J L.0Kore, (..1o,t2.c/es u I-Ow/ �7 �Q<<� NI e�lazc`� �/ illi uc` ),(d c-7
Mercedes Ce"7e ✓
tapace oeiow for use of .,ounty t.ierK only,
THE AZUSA HERALD
affiliated with
SGV Newspaper Group
1210 N. Azusa Canyon Road
West Covina, CA 91790
Notts op OPEN ;INVITATION o BID FO TITLE Ill C-i`
(C� MEQ) 'AND C- (HOME I ERt.D
PROOF OF P PROEM TR1-
- " P � -:/"-, be city of A� t e�ion
F� �Ytie£ray : nas c ) hos
(2015.T-,,,,,„,... .4,....1.$,.01-Va it e Itl c of the . > Americans pct A) of# o
ta 9 a ➢. e 35" €err f a eS us m to �el ry
ICK s ba §- cif a€� otder e s s 6.
too f I ir� t w"° e's ofawarded o t'rt t " .
� ,CL ,, fd db 10 a m 1 Px'14::
ga' q9 .19'.wd C seryl ✓ja I.a a e,,,,TWSenior citizens a e
STATE OF CALIFORNIA .-a� `® �j Q , � ' y in the �c�fzhsa
C'#ys ,.' �� � �m only v�'0is to'the
County of Los Angeles b� k y ;
t of ' amix � $�i�' rpart f�
I am a citizen of the United States, and a resident
of the county aforesaid; I am over the age of E td� , �,c c or€tom� °
oto _ C : 't t�0) : .t a' the
eighteen years, and not a party to or interested in bi f ` ',et: m° �r ��'� . �� ec a
'� ,. , uI �H ) + from the
the above-entitled matter. I am the principal clerk of the,',,',;;.- ,�,. '''�, A �x *, t -r 7s-7;
the printer of THE AZUSA HERALD, a newspaper of shs ° r $. a� `cQ e The bid or
s� � a a���� ��"°#���� �B€�� �"Azusa.
general circulation which has been adjudicated as a so,�`� &° � �t$ to
execute said as r ''
newspaper of general circulation by the Superior xia -.. - bid ��furnish-Performance-�-►n°an of ''1
Court of the County of Los Angeles, State of => - 000 t epende understanding of rife'
S > :� --, ,,�specifically the HAS rI
California, on the date of October 6, 1988, Case c , . t A,a�� my Sta r �i B °
�L - ' „p` ° e / ,,
Number C695704. The notice, of which the
annexed is a true printed copy, has been published P APPrePr , at.
Q s.' sere p ram r alati
in each regular and entire issue of said newspaper a tVi ;;.,-.1 x ,..../..,'
P . ,: , # (2), sections:
and not in any supplement thereof on the following . ofictoteek,
dates, to and Bidder In 'ati°n
P �. oral-be e ted; lite following crtteri
b.' fit a�service.
a.'_ F3 - y
e. Proximity of Stles to CoMmissarY.; Tran_ ►rta on
Acceptanceany osal thereof is contingent upon receipt of suffi
5/7/09 fundsby Citi Service Provider-from the Los Anger"Counts, °�'
A�,cy r
The cid A�reserves the right to reject any and alt ids and to waive
any inforMatitine4echnitarinformalitydefects�4 �t f k �
the Los Count/Aren A9eticY on a.=€ ✓ x`,3' x f a"'r x ce,
declare under penalty of perjury that the AP i, til � y rt '4-'°,40'1i-44.- �:+t 8
# 4 9 .#,Y Ate. !. 'food t 9 ',
foregoing is true and correct. ,,,,-, yam,,„, x 'x ',� , x,'x,;
rt I., 9' _l r r .,,,„.‘,„,,,,v,--, i''.,
Publish: May 7, AzOsa H l .'t
_..+_f�� u _ �. /"„'. «''�.
Executed at West Covina, LA Co. California
this I. day of A , 20 0 9
signature
3
AZUSA
NOTICE OF OPEN INVITATION TO BID FOR TITLE III
C-1 (CONGREGATE MEALS) AND C-2 (HOME DELIVERD MEALS)
NUTRITION PROGRAM FOR THE ELDERLY
STATEMENT OF NEED AND PURPOSE: The City of Azusa Nutrition Service Provider for
the Elderly (referred to herein as the Contractor) has requested funding under Title III-C of the
Older Americans Act(OAA) of 1965, as amended. Its purpose is to serve hot or otherwise
appropriate meals daily to persons 60 years of age or older. These meals must conform to the
delivery and nutritional requirements herein. The dates of the awarded contract will be from July
1, 2009 to June 30, 2010.
The CITY CLERK will receive sealed bids until 10:00 a.m. on Wednesday, May 20,
2009, for catered food service operation for senior citizens of the Azusa Senior Center.
Bids will be opened publicly at 10:00 a.m. of said day in the office of Azusa City Clerk.
Bids must be made on the proposal form only which is in the bidders packet. All forms and bid
specifications are obtainable at:
Lenore Gonzales
Acting Recreation Supervisor
City of Azusa Recreation&Family Services Department
740 N. Dalton Ave., Azusa
(626) 812-5220
Each bid must be accompanied by cash, a cashier's check or a bid bond made payable to the City
of Azusa for ten (10%) percent of the total amount of the bid for the period covered by the
proposal. This bid bond or security is a guarantee that the successful bidder will, with ten (10)
days from the date of the award of the contract, enter in a written contract with the City of Azusa
for said work in accordance with said specifications. The bid bond or security shall be forfeited
to and remain the property of the City of Azusa in the event that the successful bidder fails to
execute said contract as required by the specifications.
The successful bidder shall furnish Performance Bond in an amount of 10% at bidder's
expense.
Bidders will be required to gain an independent understanding of applicable State and
Federal regulations, and specifically the HACCP requirements and CURFFL contained in the
Los Angeles County Standard Operating Procedures Manual for Service Providers.
To do so, bidders must be approved by the Los Angeles County, and may contact the Los
Angeles County Health Department or other appropriate local or State agencies for food service
program regulations.
BID REVIEW:
Proposals should be submitted in two (2) sections:
1) Food Service Specifications
2) Bid Price Fact Sheet and Bidder Information
Proposals will be evaluated on the following criteria:
a. Cost
b. Capability to Provide Service
c. Proven Competency
d. Quality of Product
e. Proximity of Sites to Commissary; Transportation
Acceptance of any proposal thereof is contingent upon receipt of sufficient funds by Nutrition
Service Provider from the Los Angeles County Area Agency on Aging.
The City of Azusa reserves the right to reject any and all bids and to waive any
informality or technical defects which it deems are in the best interest of the Los Angeles County
Area Agency on Aging (AAA).
The AAA shall have final review and acceptance of recommended bid subject to bid
meeting. AAA specifications for costs, food specifications and responsible bidders.
Date: April 15, 2009
Published Azusa Herald: May 7, 2009
G
C9!IPOG'��P
AZUSA Inter-Office Memorandum
To: Joe Jacobs, Juana Hernandez, Tony Garcia, & Jennifer Retana
From: Lenore Gonzales
Date: Thursday, April 9, 2009
Subject: Nutrition Bid Packets
Attached you will find a copy of the Nutrition Bid Packet that was mailed
out to the applicable caterers on the County Approved Caterer's List.
(marked with xx)
This item was approved at the Council Meeting of April, 6, 2009
The deadline period for these bids is Wednesday, May 20, 2009, at 10:00
a.m.. These bids will be returned to the City Clerks Office.
If you should have any questions, you may reach me at ext. 5115.
�-- hank you!
•
Lenore
09-053
APPROVED CATERERS,2008-2009
SENIOR NUTRITION PROGRAMS
Revised May 7, 2008
1. Diakonia (kitchen in Monterey Park) 2. Huntington Culinary, Inc.
1223 S. Butterfield 7071 Warner Ave. Suite F-714
West Covina, CA 91791 Huntington Beach, CA 92647
Contact: Joel Pacillas Contact: Carroll Klett
(323) 267-0882 (714) 374-1819
American and Mexican style meals Carroll@hcifood.com
On site catering; American style meals
3. Hirsh Family Kosher Kitchen 4. Morrison's Custom Management
338 N. Fairfax Long Beach Culinary Center
Los Angeles, CA 90036 1515 Alamitos Ave.
Contact: Eileen McAuliffe, RD Long Beach, CA 90813
(323) 937-5843 Contact: Essie Mortaji
emcauliffe@JFSLA.org (562) 218-2813 or (323) 204-7950
Kosher hot and frozen meals mhiasghai@aol.com
American style meals
5. Morrison's Custom Management 6. NDK
North Hills Culinary Center 7512 Scout Ave.
8329 De Celis Place Bell Gardens, CA 90201
North Hills, CA 91343 Contact: Shabir Kashyap
Contact: Nadar Pour (562) 927-9598 x252
(818) 895-1161 shabir@ndkfoods.com
npour@aol.com American style meals
American style meals
�CNf X
7. The Ritz Gardens 8. Rolling Wok Restaurant
11201 First Ave 1609 South San Gabriel Blvd.
Whittier, CA 90603 San Gabriel, CA 91776
Contact: Mark Startup or Jessie Contact: Minglin (Tony) Wang
Colon (626) 435-5223
(562) 902-8755 FAX: (323) 464-2399
mstar250@msn.com Chinese style meals
American style meals
X
9. Sodexho 10. St Vincent Senior Nutrition Program
Citrus Valley Health Partners 2131 W. Third St.
1115 S. Sunset Ave Los Angeles, CA 90057
West Covina, CA 91790 Contact: Sr. Alice Marie Quinn, RD
Contact: Tom Harney (213) 484-7778
(626) 962-4011, Ext 22496 samq7777@yahoo.com
X tharney@rroail.cvhp.org - American style meals
11. Soumarelo Restaurant 12. Tender Loving Care
1090 N. Allen Ave 544C Finney Court
Pasadena, CA 91104 Gardena, CA, 90248
Contact: Gary Hzor Contact: Becky Cho
(626)791-0999 or (818) 642-6144 (213) 434-1113
gh1aHZOR.com beckyaticmeal.com
Mediterranean and American style American style meals
{ meals x�
1111
•
e, -
i. "
AZUSA
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F.M. DELACH, CITY MANAGER40
DATE: APRIL 6, 2009
SUBJECT: REQUEST FOR PROPOSAL FOR ON SITE COOKING FOR SENIOR MEAL PROGRAM
RECOMMENDATION:
It is recommended that City Council approv quest for Pro sal for on site cooking for the Senior Meal
Program, allowing implementation of th open bid procedure as required by the Los Angeles County Area on
Aging to secure senior meals for 2009 - 010.
BACKGROUND:
Since 1978, the City of Azusa has provided Sr. Meals. Upon receipt of Federal Older American Act funding,
these meals are funded by the Los Angeles County Area Agency on Aging, who require all contractors to go out
to bid every four years during the County open bid process to award those federal funds. The Los Angeles
County Area Agency on Aging then will renegotiate with their contractors for years two, three and four and
allow the City of Azusa to do the same with the food service contractor.
Due to the cost of providing these meals, the attached Request for Proposal allows the contractor the
opportunity to coordinate, prepare and deliver additional Title IIIC meals to neighboring communities in an
effort to make the venture fiscally prudent to all, specifically keeping Az.usa's meal costs as low as possible.
This goal can be accomplished by the contractor preparing all meals in the Azusa Senior Center kitchen.
Currently, the program serves (400+) unduplicated individuals and 36,000 congregate and home delivered
meals annually.
FISCAL IMPACT:
It is anticipated that there is no additional impact on the General Fund because these costs are borne by the grant
from the Los Angeles County Area Agency on Aging. The current year's program is funded at $99,000.
&)°/3i1/ATTACHMENT: BIDS & SPECIFICATIONS
-4/1/47_71t6--6
4
April 13, 2009
To: Interested Bidders
Title III Senior Nutrition Program
From: Lenore Gonzales, Acting Recreation Supervisor
Azusa Senior Citizen Nutrition Program
740 North Dalton Avenue
Azusa, CA 91702
Subject: Invitation to Bid for Food Services
The Azusa Senior Citizen Nutrition Program has been designed and created to provide a balanced
nutritional noontime meal for senior citizens, coupled with recreational, educational and social
services. The meals will be served at Noon Monday thru Friday at the Azusa Senior Center, 740 N.
Dalton Avenue. There will be a few evening special event meals requested along with special event
and holiday menus served a Noon on weekdays.
The program is partially funded through the Los Angeles County Area Agency on Aging using grant
funded under Title III C-1 of the Older American Act, as amended 1978. Based on receipt of these
funds, the program will provide a service level as follows:
Monday through Friday 250 days per year at approximately 95 meals each day for
congregate service and 50 each day to be packaged for delivery to homebound seniors.
Specifically, the City of Azusa desires that these meals be prepared on site in the Senior Center
Kitchen at 740 N. Dalton Ave., Azusa, CA 91702. For this to be cost effective for the City and the
successful bidder, it is anticipated that the successful bidder shall additionally subcontract with other
Title III funded meal programs to provide their meals.
Please review the accompanying notice inviting bids and the attached specifications. Bids must be
submitted on the forms provided.
p F ,q<>"
U >
'9</Fc0,s
�- The Canyon City—Gateway to the American Dream
April 13, 2009
To: Interested Bidders
Title III Senior Nutrition Program
From: Lenore Gonzales, Acting Recreation Supervisor
Azusa Senior Citizen Nutrition Program
740 North Dalton Avenue
Azusa, CA 91702
Subject: Invitation to Bid for Food Services
The Azusa Senior Citizen Nutrition Program has been designed and created to provide a balanced
nutritional noontime meal for senior citizens, coupled with recreational, educational and social
services. The meals will be served at Noon Monday thru Friday at the Azusa Senior Center, 740 N.
Dalton Avenue. There will be a few evening special event meals requested along with special event
�.. and holiday menus served a Noon on weekdays.
The program is partially funded through the Los Angeles County Area Agency on Aging using grant
funded under Title III C-1 of the Older American Act, as amended 1978. Based on receipt of these
funds, the program will provide a service level as follows:
Monday through Friday 250 days per year at approximately 95 meals each day for
congregate service and 50 each day to be packaged for delivery to homebound seniors.
Specifically, the City of Azusa desires that these meals be prepared on site in the Senior Center
Kitchen at 740 N. Dalton Ave., Azusa, CA 91702. For this to be cost effective for the City and the
successful bidder, it is anticipated that the successful bidder shall additionally subcontract with other
Title III funded meal programs to provide their meals.
Please review the accompanying notice inviting bids and the attached specifications. Bids must be
submitted on the forms provided.
09-051
NOTICE OF OPEN INVITATION TO BID FOR TITLE III
C-1 (CONGREGATE MEALS) AND C-2 (HOME DELIVERD MEALS)
NUTRITION PROGRAM FOR THE ELDERLY
STATEMENT OF NEED AND PURPOSE
The City of Azusa Nutrition Service Provider for the Elderly (referred to herein as
the Contractor) has requested funding under Title III-C of the Older Americans
Act (OAA) of 1965, as amended. Its purpose is to serve hot or otherwise
appropriate meals daily to persons 60 years of age or older. These meals must
conform to the delivery and nutritional requirements herein. The dates of the
awarded contract will be from July 1, 2009 to June 30, 2010.
The CITY CLERK will receive sealed bids until 10:00 a.m. on Wednesday,
May 20, 2009, for catered food service operation for senior citizens of the Azusa
Senior Center.
Bids will be opened publicly at 10:00 a.m. of said day in the office of Azusa City
Clerk. Bids must be made on the proposal form only which is in the bidders
packet. All forms and bid specifications are obtainable at:
Lenore Gonzales
Acting Recreation Supervisor
City of Azusa Recreation & Family Services Department
740 N. Dalton Ave., Azusa
•
(626) 812-5220
Each bid must be accompanied by cash, a cashier's check or a bid bond made
payable to the City of Azusa for ten (10%) percent of the total amount of the bid
for the period covered by the proposal. This bid bond or security is a guarantee
that the successful bidder will, with ten (10) days from the date of the award of
the contract, enter in a written contract with the City of Azusa for said work in
accordance with said specifications. The bid bond or security shall be forfeited to
and remain the property of the City of Azusa in the event that the successful
bidder fails to execute said contract as required by the specifications.
The successful bidder shall furnish Performance Bond in an amount of 10% at
bidder's expense.
Bidders will be required to gain an independent understanding of applicable State
and Federal regulations, and specifically the HACCP requirements and CURFFL
contained in the Los Angeles County Standard Operating Procedures Manual for
Service Providers.
To do so, bidders may contact the Los Angeles County Health Department or
other appropriate local or State agencies for food service program regulations.
1
BID REVIEW
Proposals should be submitted in two (2) sections:
1) Food Service Specifications
2) Bid Price Fact Sheet and Bidder Information
Proposals will be evaluated on the following criteria:
a. Cost
b. Capability to Provide Service
c. Proven Competency
d. Quality of Product
e. Proximity of Sites to Commissary; Transportation
Acceptance of any proposal thereof is contingent upon receipt of sufficient funds
by Nutrition Service Provider from the Los Angeles County Area Agency on
Aging.
The City of Azusa reserves the right to reject any and all bids and to waive any
informality it technical defects which it deems are in the best interest of the Los
Angeles County Area Agency on Aging.
The AAA shall have final review and acceptance of recommended bid subject to
bid meeting. AAA specifications for costs, food specifications and responsible
bidders.
2
ATTACHMENT 1
FOOD SERVICE SPECIFICATIONS
Between
City of Azusa
And
STATEMENT OF WORK AND SCHEDULE
During the time of performance as set forth herein, the Subcontractor shall furnish
all food, labor and equipment necessary to prepare and deliver individual meals
and or bulk food for persons 60 years of age and older, in compliance with the
Title III Congregate and Home-delivered Nutrition standards as described in
Federal, State, and County regulatory statutes, the California Health and Safety
Codes, more specifically the California Uniform Retail Food Facilities Law
(CURFFL), as amended January 1, 1997, the Older Americans Act (OAA),
Amendment of 1992, and the Area Agency on Aging (AAA) Policy and
Procedures.
To assure that meals are prepared in a safe, sanitary environment in compliance
with the California Health and Safety Code, the AAA Policies and Procedures and
Contracts Management Manual, the Subcontractor shall comply with the
following requirements:
The Subcontractor shall hire a Part-time Registered Dietician minimum 20
hours a week who possesses a Bachelor's Degree and or Master's Degree
in Nutrition/Dietetic with an institutional food service management
emphasis from an accredited college or university, for supervision of the
food services operation within the catering company and/or central
kitchen, or
The Subcontractor shall hire a qualified Food Service Manager who
possess a B.S. degree in Food and Nutrition with emphasis on food service
management or restaurant management from an accredited college or
university, plus two (2) years professional experience as a food service
supervisor: no less than six (6) years of experience in the food service
industry at a supervising level can be substituted for the 4 year degree
requirements.
The Subcontractor must submit, to the Contractor, the registration I.D.
number and expiration date of Registered Dietician along with complete
verifiable resumes of the Registered Dietician or Food Service Manager
for the County's AAA approval.
3
The County may, at its sole discretion, waive this requirement or for repeated
deficiencies of non compliance, require the Subcontractor to fill both positions,
and/or to expand the required positions to full time positions.
1. NUMBER OF MEALS
The minimum requirement is estimated at 24,700 meals and the maximum
requirement is estimated at 38,230 meals with the following breakdown:
Indicate N/A if not applicable
TOTAL ANNUAL MEALS CATERED COST PER
MEAL
C-1 C-2
C-1 C-2
Monday - Friday 24,700 13,010
Saturday
Sunday
Holidays
Box Lunches
Breakfast
(Mon—Sun)
Frozen Meals 520
*OtherFood Items
GRAND TOTAL
ANNUAL 24,700 13,530
MEALS
*Other food items which accompany frozen meals. Do not count in total annual
meal column, but do count in cost per meal column.
4
2. DELIVERY
a) The meals shall be delivered as follows:
Meal Location:
Azusa Senior Center
Approximate Number of Meals:
145
Time Food Preparation is Completed:
10:15 a.m.
Time Food Leaves Kitchen for Home Delivered Meals:
11:00 a.m.
Times Meals are Served at the Site:
Mondays at 11:30 (due to 1:00 p.m. Bingo Program)
Tuesday- Friday at Noon
b) The Contractor reserves the right to add or delete meal sites or
designate alternate meal locations, as appropriate, subject to
approval by the AAA.
c) The Contractor may change the days and time of delivery and
service by giving the Subcontractor seven (7) days notice.
d) The Contractor may change the number of meals to be delivered to
any of the meal locations by notifying the Subcontractor by
a.m./p.m. of the day prior to delivery. N/A
e) The Subcontractor shall deliver/serve the meals no more than 30
minutes prior to or 15 minutes after the agreed upon serving time.
f) Box lunch delivery time may be as early as 8:00 a.m., as long as
appropriate holding facilities are available for perishable food
items and meals are transported under appropriate packing, heating
and cooling temperature requirements.
g) The Contractor reserves the right to require Subcontractor to
deliver food on all holidays that food service is needed.
h) Foods for congregate meals shall be served by Contractor, within
two (2)hours after food preparation has been completed.
i) The last home delivered meal shall be delivered by Contractor
within two and one half hours (2 hours, 30 minutes) after food
preparation has been completed.
5
3. DELIVERY SERVICE SPECIFICATIONS
a) Meals are to be delivered in(bulk/individual)prepacked servings.
b) The Subcontractor shall supply the following food service items.
ITEM (LIST) SPECIFICATIONS
Dinner Plates 5 Compartment Styrofoam
Soup Bowls tray/disposable
Flatware 8 oz Styrofoam/disposable w/lids
Paper Napkins Knives, forks, spoons (disposable/heavy
Table Covering grade)
Aluminum Trays—C2 Placemats
Disposable Bowls 3 Compartment w/lids
Sandwich Bags 4 oz Styrofoam w/lids
Gloves Plastic
Aprons Plastic/disposable
Caps Plastic/disposable
Hair Nets Paper
Cleaning Supplies for All Machines
Used
c) The Subcontractor shall provide all serving trays and utensils,
warming, refrigerating and freezing equipment, where necessary,
for the maintenance of proper temperatures as specified herein, and
shall provide servicing of the equipment and/or replacement
(depending on needs of project). Indicate N/A if not applicable.
d) All food must be packaged and transported under conditions that
will ensure temperature control to prevent bacterial contamination,
spillage, and/or insect infestation. All hot foods should be
packaged individually or in bulk containers to ensure a minimum
delivery temperature of 145°F. All cold foods must be packaged to
ensure a maximum delivery temperature of 40°F. All foods
intended to be delivered frozen shall be packaged so as to maintain
a hard frozen state until such food reaches point of delivery
Temperature of bulk and home-delivered meals must be taken
daily at the end of production/packaging and on delivery at the
nutrition site by the Subcontractor and Contractor. Hot and cold
6
foods must be placed immediately into insulated hot and cold
transport equipment upon completion of packaging.
Daily written documentation of temperature logging monitoring
must be kept by Subcontractor and will be subject to audit by the
centralized Dietary Administrative Support Services R.D and AAA
nutritionist.
The sites shall be assumed correct on shortages unless the caterer G
proves them wrong. All calls regarding shortages and food
replacement will be communicated by the Contractor's office.
e) Meals must be delivered in refrigerated trucks and or approved for
bulk insulated containers for hot pack and cold pack. Delivery
standards shall comply with applicable local health department
regulations.
f) Food and supplies must be packed and handled in a sanitary
manner so as to assure absence of contamination and spillage.
g) The program may require replacement of any cold food which is
received on site at above 40°F and any hot food that falls below
140°F.
h) Food shortages and/or spoiled foods which are reported to the
caterer by agreed time of delivery must be replaced or the enclosed
deduction schedule will be utilized.
i) Packaging of food for delivery to the sites will be negotiated as
mutually acceptable to the Contractor and Subcontractor. Sites
may differ on packaging of some items due to available site
equipment and time distance constraints.
j) The Subcontractor shall be responsible for cleaning and care of
equipment returned to his facility each day.
k) The Subcontractor shall place food in area designated by meal
location managers.
1) Food shall be in transport no longer than N/A minutes after
packing.
m) Food shall be kept in heat retaining equipment no longer that 90
minutes prior to serving.
n) Each delivery shall be accompanied by a delivery slip, in triplicate,
designating number of meal and supplies delivered. Project
Director or designated person will sign receipt, if in order, and one
copy shall be left the same.
7
o) Instructions shall be attached to each food product delivered
•
indicating name of meal location, number of servings, size of
serving, and size of utensil to be used in serving.
p) Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna
noodle casserole, shall be pre-scored by the Subcontractor for the
appropriate number of servings.
q) Subcontractor shall provide home delivered meal containers in an
amount not to exceed 35% of the total number of meals ordered.
r) All Subcontractor delivery equipment shall be removed from the
meal location by N/A p.m. Contractor is not responsible after this
time.
s) The Subcontractor shall provide a back-up delivery system in the
event of vehicle breakdown.
t) Electrical items required to be provided herein shall have the
UNDERWRITER'S LABORATORY or LOS ANGELES
ELECTRICAL TESTING LABORATORY approval and meet all
current OSHA and COSHA requirements, where applicable.
u) The Subcontractor shall comply with all Federal, State, and local
health department laws and regulations. Subcontractor shall
provide Contractor with a current copy of the health certificate and
any corrected deficiencies with bid. To ensure that all regulations
are followed the Subcontractor must have a qualified food service
manager or part-time registered dietician (20 hours week) or staff
who will assure that meals are prepared in a safe and sanitary
condition throughout meal service operation.
v) Authorized representatives of the Contractor, County, Dietary
Administrative, State, and Federal shall have the right to inspect
food preparation, storage, and packaging sites during the term of
the contract.
4. MEAL STANDARDS
a) A chemical analysis of any food delivered by Subcontractor may
be requested by the Contractor or Area Agency on Aging at any
time. The Subcontractor agrees to cooperate in having the analysis
done. If the analysis discloses that the food does not comply with
required meal specifications, the Subcontractor shall be liable for
the cost of this analysis and meals served to seniors out of
compliance.
b) The Subcontractor shall be liable for meals that do not meet the
nutritional standards and requirements, are spoiled or
unwholesome at time of delivery, are incomplete or insufficient in
8
number ordered, or are delivered after the time specified by the
Contractor. In the event the Subcontractor fails to deliver
complete meals, other foods, or supplies as agreed upon, the
Contractor may provide a substitute meal with emergency meals or
supplies purchased from other places and charge the cost of the
purchased meal to the Subcontractor. The replacement cost shall
not exceed 200 percent of the contract catered meal cost.
c) If any portion of a meal other than the entrée is delivered in an
unacceptable condition, such as incorrect temperature (potentially
hazardous)* less than contracted portion, spoiled or too late, the
Subcontractor shall be liable for the cost of that portion. If the
entrée is unacceptable,the Subcontractor shall be liable for the cost
of the entire meal. In order to ensure conformance to the above,
the delivery driver shall remain at the site until the food is checked
by the location manager. All shortages shall be noted on delivery
slop for proper crediting.
d) The Contractor agrees to monitor and evaluate meal preparation,
delivery, transportation, and general standards of meal service.
e) The Subcontractor and Contractor both agree to implement and/or
maintain a Hazard Analysis and Critical Control Point (HACCP)
system as required by the AAA.
5. MENUS
a) All menus shall be in compliance with Title III-C meal pattern
requirements.
b) A 6 week cycle menu shall be used that is written once yearly
c) The Contractor has the responsibility for menu writing with input
from the Project Council and Subcontractor. The menu shall be
approved by the Dietary Administrative Support Services
Contractor services dietician.
d) The Contractor is responsible for typing and duplicating menu.
e) All menus must be signed by the Project Director Project Council
Chairman or designee, the Dietary Administrative Support
Services Contractor dietician, and certified by the AAA nutritionist
prior to the start of the menu cycle.
f) All menu substitutions by the Subcontractor shall be submitted in
writing for approval by the Project Director or Dietary
Administrative Support Services Contractor dietitian at least 2 days
prior to serving date. The Subcontractor may, however, in an
emergency situation, make menu substitutions on verbal approval
of the Project Director of Dietary Administrative Support Services
Contractor dietician, with a written notice to follow for
documentation.
g) Provision shall be made by the Subcontractor to provide in-service
training regarding food sanitation and safety for their food service
9
staff Documentations of such training shall be submitted to the
Contractor. The County Area Agency on Aging may require the
Contractor, based upon major finding of non compliance items in
food and safety, to provide additional food service training.
*See definition of Potentially Hazardous Food. AAA Standard
Operating Procedures Manual.
6. MEAL PATTER SPECIFICATIONS
a) All food must be of the highest quality standard and conform to
USDA requirements. It must be prepared in a manner to preserve
optimum flavor and appearance while retaining nutrients and food
value. Special consideration should be given to tenderness of meat
because of the age of our participants. The Subcontractor is
responsible for assuring its high quality before it is sent to the meal
sites.
TITLE III—MEAL PATTERN
Meat or meal alternate -3oz edible portion of whole meats
(exclusive of bone, fat gristle, etc.).
Specification for all processed pre-
formed meat must be approved by
AAA nutritionist before adding to
menu. 2 '/2 oz edible portion of
meat/meat alternate in casserole
dishes.
Vegetables/Fruits -2 to 3 '/2 cups or 14 servings per 5
day week(exclusive of dessert)
Juice* - V2 cup Vitamin C fortification
required to satisfy Vitamin C
requirement. If concentrated juice is
used, the juice does not meet the
vegetable/fruit requirement but can
meet the Vitamin C requirement.
Grains or Alternate -1 to 2 servings per meal such as 1
slice whole grain bread or V2 cup
rice, noodles served 2 servings
minimum of two times per week.
Four of the seven servings per week
must be whole grain.
Fortified Margarine or Butter-Optional, 1 teaspoon; no product
containing trans fat permitted
Dessert* - 1/2 cup or fresh fruit equivalent
10
Milk or Alternate -8 fluid oz serving or calcium
equivalent. Non-fat or low-fat dairy
products desired.
Beverage (fluid requirement — water, coffee, decaffeinated coffee,
or tea optional)
1. In the preparation of all meals;the Subcontractor shall use a
minimum of simple sugars. Each meal shall not exceed 1100
mg. sodium and shall be low in fat (standard is not more than
30% or less of total calories).
2. Special diets, specifically low sodium, low fat, and sugar free.
Shall be provided as specified (optional).
3. 100% milk shall be available in a variety of types, including
buttermilk, non-fat and low-fat. Each serving of milk must be
provided in an individual carton.
4. Coffee, decaffeinated coffee, or tea may be available to all
program participants in quantities specified by the Project
Director. (Indicate N/A if not applicable). N/A
5. Subcontractor shall provide all condiments which are normally
served with specific menus, including, but not limited to , salt,
pepper, salad dressing, tartar sauce, mustard, catsup, cream,
sugar, and garnishes such as lemon slices and parsley.(As
agreed upon.)
6. Ground beef may be used no more often than twice a week and
must be in a solid form such as meat loaf or Salisbury steak for
one of the servings. The fat content cannot exceed 15%.
7. Textured vegetable protein may be used at no greater amount
than 30% of the total protein
8. Meat alternates (dried beans, peas, lentils, nuts, nut butters)
shall not be served more often than one time per week.
9. Desserts such as fruits, high nutrient density desserts shall be
served throughout the week in one-half (1/2) cup portions.
High calorie desserts such as plain gelatin desserts, cake, pie,
cookies and similar foods shall also be included but are to be
limited to once per week. Mild-based dessert may be served
once per week. A dessert consisting of 50% fruit (fruited jello,
apple betty, etc.) maybe served once a week.
10. Different fruits will be served at least two days a week for
dessert. Whole fresh fruit in season shall be served at least
once during each week. Canned fruit will be water packed or
packed in its own juice.
b) Minimum grades for all foods shall be as follows:
1. Beef: USDA Grade A Choice
11
2. Pork: USDA Number 1 (as defined in S.R.A.
Number 171.U.S. Standards and Grades of
Pork Carcasses)
3. Lamb: USDA choice
4. Poultry: USDA Grade A to be used for all fresh or
frozen poultry products. Necks, backs,
wings alone shall not be used prior approval
of the Project Director or project designee.
Reconstructed roll products are not
acceptable. (Optional)
5. Variety Meats: Grade Number 1 from USDA Government
inspected plants
6. Dairy Products: Following is to be used as minimum
specifications for all dairy products:
a. Eggs, fresh USDA or State Graded A
b. Cheese , USDA Grade A, nonprocessed cheese
c. Milk, nonfat, low fat, shall be available
7. Fish and seafood must be fresh or frozen and be a nationally
distributed brand packed under continuous inspection of the
U.S. Department of Interior.
8. Canned fruits and juices: USDA Grade A (Fancy) and Grade
B (Choice) are to be used for all graded fruits and fruit juices.
Grade C (Standard)may be used for pie and cobbler production
only
9. Fresh fruits: USDA Fancy to USDA No.1 to be used for all
graded fresh fruits as a minimum standard.
10. Fresh vegetables: USDA Fancy and No.1 to be used for all
graded fresh vegetables as a minimum standard.
11. Frozen fruits and vegetables: USDA Grade A is to be used for
all graded frozen fruits and vegetables as a minimum standard.
12. Subcontractor must keep in file specification sheets showing
nutrient content of purchased prepared foods.
7. SUPPLIES SPECIFICATION PROCEDURES
The Subcontractor shall provide disposable table service based upon the
supplies specification included. These supplies shall be ordered and
delivered weekly at each site. A minimum of one week's supply on hand
at all times. The Contractor shall supply order forms and monitor supply
usage.
The Subcontractor shall furnish, as part of supplies, the cleaning and other
miscellaneous supplies (see Supplies Specification Sheet). These supplies
will be ordered as needed. The Contractor shall supply order forms and
monitor supply usage. (This is subject to negotiations.)
EVALUATION OF SUBCONTRACTOR
12
The Contractor and the Dietary Administrative Support Services Dietitian shall
evaluate the Subcontractor's performance to determine of the Agreements is in
compliance in meeting requirements. All evaluations must be sent to the AAA
nutritionist.
RECEIPTS AND INVOICES PROCEDURES
1. The Subcontractor shall issue daily delivery receipts to each site
• 2. After the close of each week, the Subcontractor will furnish to the
program an invoice of meals ordered by the program the previous
week. The Contractor will pay such invoices for the prior week within
30 days after receipt of same invoice or as agreed between the
Contractor and Subcontractor.
DEDUCTION PROCEDURE
1. The Subcontractor shall deliver meals which meet Title III-C menu
regulations. If the Subcontractor fails to deliver all menu items, or
appropriate substitute items and or food is rejected by the program, the
Subcontractor shall be reimbursed as outline in#4 Meal Standards.
13
BIDDER INFORMATION
CATERER:
CAPABILITY TO PROVIDE SERVICE:
1. Staff: List employee positions and hours worked (full time equivalents) for
employees hours spent on the Senior Meal Program.
# Hours Days FTE
Position Positions Per Day Per Week
Manager
Cook
Assistant Cook
Food Service Worker
Driver
Other
Other
TOTAL:
2. Kitchen Size (sq. Ft.):
Total Meals Currently Provided Per Day: (Do Not Include Senior Meals)
Total Senior Meals Per Day:
Total Meals Including Senior Meals:
3. Kitchen Equipment: List major refrigeration, cooking, and ware-washing
appliances. Type and amount (e.g. two (2) double stacked
full size convection ovens):
•
PROVEN COMPETENCY
1. Briefly describe experience with Senior Nutrition Programs or other catering
contracts (e.g. school lunch):
2. Briefly describe current business:
QUALITY OF FOOD SERVED
1. Briefly describe Quality Assurance Program:
2. Attach a copy of QA Customer Questionnaire currently in use.
LOCATION OF KITCHEN AND TRASPORT EQUIPMENT:
1. Attach a map showing location of the kitchen and location of congregate sites
where food will be shipped. Draw a delivery route. If map is not drawn to scale,
indicate distances in miles between the kitchen and various stops.
n/a
2. List equipment you plan to use to transport food including type of vehicle (private
car, car, van, truck, refrigerated truck, hot shot, etc.): method used to keep hot
food hot (e.g. ice chests, ice blankets, etc.): and method used to keep cold food
cold (ice chests, ice blankets, etc.).
n/a
BID PRICE FACT SHEET
Caterer
COST PER MEAL
HOT BULK MEAL
Raw Food $
Preparation $
Transit $
Sundry Items
Paper $
Other $
TOTAL CATERED
Overhead Profit $ COST/MEAL $
BOX OR COLD LUNCH
Raw Food $
Condiments $
Preparation $
Transit $
Sundry Items
Paper $
Other $
TOTAL CATERED
Overhead Profit $ COST/MEAL $
FROZEN MEAL
Frozen Food $
Other Food $
Preparation $
Transit $
Sundry Items
Paper $
Other $
TOTAL CATERED
Overhead Profit $ COST/MEAL $
SAMPLE
Nutrition Service Provider:
CATERING BID EVALUATION
Rater Date
Applicant
CRITERIA Excellent Good Average Fair Poor
5 4 3 2 1
Cost
Capability to provide service
kitchen size and equipment,
and staff for preparing meals
Proven Competency
Quality of Food
Location of Kitchen in
Relation to Sites: Equipment
to Transport Food
TOTAL POINTS/SCORE:
(100 Points Possible)
COMMENTS:
INSTRUCTIONS
1. FOOD SERVICE AGREEMENT
a) The Food Service Agreement incorporates the basic requirements of the
Older Americans Act Services Agreement between the County and the
Contractor. Therefore, it is important that this Agreement, as formatted be
used for all subcontractors.
b) Any section in the Food Service Agreement which is not applicable, or
additional requirements, must be identified on a separate addendum sheet
as "Other Requirements".
c) The Food Service Agreement and the Food Service Specifications
(Attachment 1), as selected through the bid process become the official
subcontract between the service provider and the caterer.
2. FOOD SERVICE SPECIFICATIONS (required)
a) Use for bidding purposes
b) Complete all blank areas, as necessary
3. THE INDTRODUCTORY INVITATION TO BID LETTER IS
OPTIONAL FOR USE
4. MEAL CATERING BID REVIEW
Use to evaluate Caterer's bids and Bid Price Fact Sheet. The agency must
submit all bids to the Area Agency on Aging (AAA) for review and approval.
5. FOOD PURCHASING SPECIFICATIONS
All foods used for senior meals must meet food purchasing specifications.
6. HACCP REQUIREMENTS
All contractors, caterer and central kitchens are required to have a Hazard
Analysis and Critical Control Point (HACCP) Program in operation. Every
Project Director, Central Kitchen Supervisor, Caterer or Program Director is
required to have completed a basic course of training in HACCP; to have
passed National Restaurant Association's "Serv-Safe" course and to have the
"Serv-Safe" certificate issued within the last 3 years.
1
7. CURFFL/AAA/CNS POLICY AND PROCEDURES
Contractors, Central Kitchen and Caterer are required to adhere to the
California Uniform Retail Food Facilities Law (CURFFL); the AAA Standard
Operating Procedures Manual (Policy and Procedures for Senior Nutrition
Sites, Central Kitchens, and Home Delivered meals); and Section H California
Department of Aging Title III Program Manual. The Caterer must have at
least one Certified Food Handler present during food preparation and service.
8. COMPLIANCE DOCUMENTS
Contractor is required to submit Food Service Agreement with the Caterer,
fire, health, insurance certificates, resume of dietitian and/or food service
manager; and copies of Certified Food Handler Certificates to the
County Area Agency on Aging.
2
County of Los Angeles
FOR AAA USE ONLY
FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in duplica t Los geles, California, is made by and between the
City of Azusa, a California profit/nonprofit co E ration, 3;einafter referred to as the Contractor, and
, hereinaft eferre. 4'as the Subcontractor.
WITNESSETH
WHEREAS, the Contractor and the County o `Los geles, hereinafter referred to as the County, have
entered into an Agreement which authorizes the C• a �: o provide certain services, said Agreement being
Number of County Contracts, dated ,2009: and
WHEREAS, the aforesaid Agreements �es the Contractor may subcontract for certain
professional serviced subject to prior County approval: and
WHEREAS, the Contractor desires to engage, s Subcontractor to provide professional services as
detailed elsewhere in the Agreement: and
WHEREAS,the Subcontractor desires to pe corm I rovide such services:
NOW, THEREFORE, in consideration of t'e mutua covenants and promises contained herein, the
Contractor and the Subcontractor agree as follows:
AG ' T
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provid 3 ' '
set forth in the Food Service Specifications,
which is attached hereto as Attachment 1 and by thi ce '" corporated herein. The rights and obligations
of the parties to this Agreement shall be subject to and gt -'rned by said Food Service Specifications as well as
by the general provisions herein.
1
Section 2. Representative of the Parties and Service of Notice
The representatives of the respective parties who are authorized to administer this Agreement and to
whom formal notices, demands and communications shall be given are as follows:
A. The representative of the Contractor shall be, unless otherwise stated in the Agreement:
Joe Jacobs, Director of Recreation and Family Services
740 N. Dalton Ave.
Azusa, CA 91702
(626) 812-5220
B. The representative of the Subcontractor shall be:
(Name and Title)
(Address)
(Phone)
Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed
($ ) for complete and satisfactory performance of the terms of this Agreement. The
Subcontractor shall be paid for providing services set forth in Attachment 1. Payment shall be made on a
basis (weekly, bi-weekly, monthly, etc).
Section 4. Time of Performance
The term of this Agreement shall commence on and end
provided that said term is subject to the provisions of Section 14. Indemnity, Liability, and Insurance
Requirements and Section 18, Termination and availability of Federal funds through the Area Agency on
Aging.
In the fiscal year there are 250 serving days including the following holidays and special occasions:
July 4 Thanksgiving St. Patrick's Day
Labor Day Christmas Good Friday
Mexican Independence Dav New Year's Cinco De Mayo
Oktoberfest Valentine's Day Mother's Day
Halloween Chinese New Year Memorial Day
Ash Wednesday Father's Day
2
•
Section 5. Notices, Demand, and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be
made in writing and may be effected by personal delivery or by registered or certified mail,
return receipt requested and shall be deemed effective as of the date of mailing.
B. Such notices, demands, or communications shall be addressed as set forth below:
(1) For the Contractor: authorized signatory
Joe Jacobs, Director of Recreation and Family Services
Senior Services
740 N. Dalton Ave.
Azusa, CA 91702
(2) For the Subcontractor:
C. If the name of the person designated to receive the notices, demands, or communications or the
address of such person is changed, written notice shall be given in accord with this section within
five (5) working days of said change.
Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under
this Agreement.
B. The Subcontractor shall maintain books, records, documents, and other accounting procedures
and practices which reflect all costs of any nature, including cost of raw food and labor costs
expended in the performance of the Agreement.
C. These records shall be subject to audit or inspection by duly authorized County, State or Federal
personnel.
D. The Subcontractor shall maintain all books, records, and other documents relative to this
Agreement for three (3) years after final payment or audit by the United States Department of
Health and Human Services, the California Department of Aging, the County of Los Angeles
Area Agency on Aging or five (5) years if no audit has occurred.
E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, on Insurance
Certificate that all persons handling funds received or disbursed by this Agreement are covered
by Fidelity Insurance, Liability Insurance, Workman's Compensation Insurance and applicable
Automobile Insurance.
F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public
Accountant audit which shall be conducted following generally accepted audit practices, to
3
determine that there has been a proper accounting for and use of contract funds. All records of
the Subcontractor bearing upon food purchases, storage, and food preparation directly related to
said program under this Agreement shall be made available to the Contractor upon request.
G. The Subcontractor shall furnish reports as required by the Contractor, Los Angeles County Area
Agency on Aging, California Department of Aging, and U.S. Administration on Aging.
H. The subcontractor shall use standardized recipes which meet HACCP requirements as part of
their HACCP Program and which shall be available to Contractor and Los Angeles County Area
Agency on Aging for review.
I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed
J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor,
Dietary Administrative Support Services Contractor, County, State or Federal personnel.
Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed
by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the
Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly
executed by both parties. Prior written approval shall be received from the Area Agency on Aging.
Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, licenses, certificates, and other documents as are required by
the State, County, City or other governmental or regulatory bodies to legally engage in and perform the services
to be provided under this Agreement such as public health license, L.A. County Health Department Inspection
Reports, Annual Fire Inspection Certificates, and other documents attached for County's approval. The
Subcontractor shall notify the Contractor of any suspension, termination, lapses, non-renewals, or restrictions of
required licenses, certificates, or other documents which may be cause for termination of the Agreement.
Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest,
direct or indirect, with respect to the Contractor which would create a conflict of interest.
B. No member, officer, or employee of the Contractor and no official, officer, or employee of the
County of Los Angles who exercises any responsibilities or functions with respect to the
Contractor during his tenure or for one year thereafter, shall have any interest, direct or indirect,
in the Agreement or the proceeds thereof
C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement
upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this
warranty shall give the Contractor the right to terminate this contract or, at the discretion of the
Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage,
brokerage, or contingent fee.
4
Section 10. Independent Contractor Status of the Subcontractor
The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity
of an Independent Contractor and that no employees of the Subcontractor have been, are, or shall be employees
of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee
organization and each employee who is hired or retained under this Agreement.
Section 11. Assignment or Transfer of Interest
The subcontractor shall not assign or transfer any interest in this Agreement except that claims for
monies due or to become due from the Contractor under this Agreement may be assigned to a bank, trust
company, or other financial institution, or withheld by the County.
Section 12. Applicable Sections of Agreement Between the County of Los Angeles and the Contractor
The Contractor and the Subcontractor agree that all conditions set forth in the Agreement between the
County and Contractor, as applicable in the performance of this Agreement, are hereby included herein by
reference as though set forth herein in full. Referenced sections are available at the Contractor and the
Community and Senior Services of Los Angeles County for review during normal business hours.
Section 13. Discrimination Prohibited
A. The subcontractor shall no discriminate against any employee or person served on account of
race, color, sex, religious background, ancestry, national origin, or disability in its performance
of this contract, and hereby agrees to comply with all Federal, State, and County laws or
regulations pertaining hereto including the American Disability Act and applicable Civil Rights
Acts.
B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor
shall have the right to terminate said contract.
C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables
of minority manpower utilization and (2) specific affirmative action steps directed at increasing
minority utilization by means of applying good faith efforts to carry out such steps is to be
included.
Section 14. Indemnity, Liability, and Insurance Requirements
A. The Subcontractor agrees to indemnify and hold harmless the Contractor and the County of Los
Angeles, their officers, employees and assigns, against any and all claims arising from acts,
omissions, or negligence of the Subcontractor, its officers or employees. The Subcontractor shall
defend any suit against the Contractor and County alleging personal injury, sickness, or disease
arising out of meals served at the project sites (or home delivered) provided food is served one
hour after delivery(or eaten immediately after home delivery).
B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the
Subcontractor or Contractor and, in the event of a suit being filed. The Subcontractor shall
promptly forward to the Contractor all papers in connection therewith. The Contractor shall not
incur any expenses or make any settlement without the Subcontractor's consent. However, if
5
Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or
settle any such claim and the cost of such defense, adjustment, or settlement, including
reasonable attorney's fees shall be charged to the Subcontractor.
C. The Subcontractor shall furnish proof on the form of a hand signed certificate of insurance that
he/she carries insurance in the minimum amounts listed below prior to commencement of
performance under this Agreement. Such coverage shall be maintained currently effective until
receipt of final payment under the terms of this Agreement.
•
1) Comprehensive General Liability (including Product Liability)
$500,000 Combined Single (CSL) Minimum
2) Professional Liability
$1,000,000 Per Occurrence
D. Comprehensive Auto Liability(owned an non-owned)
Bodily Injury $100,000 each person
$300,000 each accident
$300,000 aggregate products
Property Damage $ 50,000 each accident
$250,000 aggregate operations
$250,000 aggregate protection
$250,000 aggregate products
$250,000 aggregate contractual
E. Worker's Compensation Statutory limit in accordance with Section 3700 and 3800 of the
Labor Code of the State of California
F. Additional Insured The Contractor (name of contractor) and County of Los Angeles
shall be named as additional insured on all policies or certificates.
G. Cancellation Notice 30 day Notice of Cancellation shall be mailed to the Contractor
and County of Los Angeles Area Agency on Aging at 3175 W. 6th
Street Suite 414, Los Angeles, CA 90020
H. In the event any new or additional meal locations are started, the insurance carrier shall name all new
or additional sites as insured under the policy.
I. Failure on the part of the Subcontractor to procure or maintain require insurance shall constitute a
material breach of agreement and Contractor may immediately terminate or suspend this Agreement.
Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement the Subcontractor shall obey all laws of the United States, the
State of California, and the ordinances, regulations, policies, codes, and provisions of the County of
Los Angeles and Area Agency on Aging.
6
B. The Subcontractor shall conform to the nutrition requirements under Title III-C of the Older
Americans Act of 1965, as amended, including providing the minimum Title III-C requirement per
person of one third of the Recommended Daily Dietary Allowance (RDA).
C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL),
the Hazard Analysis and Critical Control Point (HACCP) requirements and AAA Policies and
Procedures for Senior Nutrition Sites, Central Kitchens and Home Delivered Meals.
Section 16. Federal, State and Local Taxes
Federal, State, and local taxes shall be the responsibility of the Subcontractor as an independent
contractor and not as a Contractor employee.
Section 17. Renewal Options
This agreement is for one year only. It is optional on the part of the Contractor to renew the Agreement
if desired. However, all agreements must be put out to bid during the AAA RFP period. Contractors must
publicly bid on subsequent project year food contract. Bids will be awarded based on cost, capacity to provide
service, proven competency, quality of product, proximity of meal locations or other justifiable reasons subject
to review and acceptance by the AAA.
Section 18. Termination
This Agreement may be terminated by the Contractor at any time within the period of its duration upon
not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause.
The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the
Contractor. Notice shall be as provided in Section 5 herein.
In addition, the contract may be terminated because of lack of funds, repeated citations by the Area
Agency on Aging, and failure to make corrective actions required by the Area Agency on Aging. In the event
funds to finance this contract, or part of this contract, become unavailable, the obligations of each party
hereunder may be terminated upon no less than ten(10) days written notice to the other party. Said notice shall
be delivered by certified mail, telegram or in person. The Area Agency on Aging shall be the final authority as
to the availability of Federal or State funds. Waivers of breach of any provision of the contract shall not be
construed to be a modification of the terms of the contract.
Section 19. Negotiation of Disputes
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the
parties concerned in such a manner that it will not delay or adversely affect the performance of the Contractor.
Should any questions still remain unresolved, the dispute will be submitted to the Director of the Area Agency
on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the
Subcontractor.
Section 20. Prior Approval of Subcontracts
The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated
under this Agreement without obtaining prior written approval of the Contractor and the Area Agency on Aging
which shall then be made a part of the original Agreement. No subcontracts shall be approved which would
incur an obligation higher than the original agreed upon price.
7
Section 21. Fair Labor Standards Compliance
Subcontractor agrees to indemnify, defend, and hold harmless the County of Los Angeles and
Contractor, its agents, officers, and employees from any and all liability including, but not limited to, wages,
overtime pay, liquidated damages, penalties, court costs, and attorney's fees arising under any wage and hour
law including, but not limited to, the Federal Fair Labor Standards Act, for services performed by the
Subcontractor's employees for which the Contractor or County may be found jointly or solely liable.
Section 22. Citizenship Laws
Subcontractor and Contractor warrants their full compliance with all laws regarding employment of
aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status
requirements contained in Federal Immigration Reform & Control Act of 1986. Subcontractor and Contractor
shall obtain, from all covered employees services hereunder, all verification and other documentation of
employment eligibility status required by Federal statutes and regulations as they currently exist and as they
may be hereafter amended. Subcontractor and Contractor shall retain such documentation for all covered
employees for the period prescribed by law. Subcontractor and Contractor shall indemnify, defend and hold
harmless the County, its officers, and employees from employer sanctions and any other liability which may be
assessed against Subcontractor and Contractor of County or both in connection with any alleged violation of
Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under
this contract.
Section 23. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment, in compliance with the California
Health and Safety Code, the AAA Standard Operating Procedures Manual, the Subcontractor shall comply with
the following requirements:
The Subcontractor shall hire a part-time Registered Dietitian (minimum 20 hours a week) who possesses
a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service
management emphasis from an accredited college or university, for supervision of the food services
operation within the catering company and/or central kitchen, or
The Subcontractor shall hire a qualified Food Service Manager who possess a B.S. degree in Food and
Nutrition with emphasis on food service management or restaurant management from an accredited
college or university, plus two (2) years professional experience as a food service supervisor; no less
than six (6) years of experience in the food service industry at a supervising level can be substituted for
the 4 year degree requirements.
The Subcontractor must submit, to the Contractor, the registration I.D. number and expiration date of the
Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service
Manager for the County's AAA approval.
The County may, at its sole discretion, waive this requirement or for repeated deficiencies or non
compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to
full time positions.
8
•
Section 24. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the
blank provided herein on both duplicate originals, which date shall be the date this Agreement is made,
provided, however, that the term shall be for the period set forth in Section 4 herein.
Section 25. Complete Agreement
This Agreement, Appendices, and Addendum if applicable and Attachment 1, contains the full and
complete agreement between the two parties and incorporated herein by reference. No verbal agreement or
conversation with any officer or employee of either party shall affect or modify any of the terms and conditions
of this Agreement.
IN WITNESS WHEREOF, the Contractor and the Subcontractor have caused this Agreement to be
executed by their duly authorized representatives.
Executed this day of Executed this day of
, 200 , 200
For: For:
City of Azusa
(Name of Contractor) (Name of Subcontractor)
By: By:
Joseph R. Rocha, Mayor
Social Security
Number
Attest: City Business
Vera Mendoza, City Clerk License
Expiration Date
9
ADDENDUM
OTHER REQUIREMENTS
SUBCONTRACTOR SHALL:
1. Prepare meals in the Azusa Senior Center Kitchen, 740 N. Dalton Ave., Azusa, CA.
2. Clean and care for all equipment (and that belonging to the City) used during meal preparation.
3. Discuss with Senior Center Staff any concerns regarding need for additional equipment and
containers for meal preparation/presentation. Purchase of said items may be negotiated.
4. As deliveries from vendors are received, appropriate items shall be dated and stored on shelves.
Dispose of boxes.
5. Retain ownership of all food and supplies located and stored at the Azusa facility for which
Contractor has been invoiced by the vendor.
6. In the event that subcontractor purchases or provides additional equipment or smallwares required to
prepare and provide meals, that equipment and smallwares shall remain the property of
subcontractor. Subcontractor will be solely responsible for the maintenance and replacement of
additional equipment. Subcontractor shall remove the additional equipment upon termination of this
agreement.
7. Contractor shall pay for separate phone line to kitchen office.
8. Keep floors clean in the dry storage room, walk-in freezer and refrigerator(daily as needed).
9. Clean stove, oven and hood areas daily.
10. Subcontractor will make contractor aware of all other contractors being served out of the Azusa
Senior Center.
11. Abide by the daily cleaning schedule as required by Los Angeles County and the City of Azusa
Senior Center.
12. Work closely with the Nutrition Site Manager on any additional items that need to be ordered, such
as monthly birthday ice cream and crackers for soup, etc. (additional items in need of ordering would
be paid by the Azusa Senior Center Nutrition Site Council/Azusa Senior Center).
CITY OF AZUSA SHALL:
1. Be responsible for repair of any City owned equipment.
2. Pay for gas and electricity.
3. Contract with maintenance service to empty trash and mop floors.
4. Be responsible for cleaning the facility as mutually agreed upon in a to-be-decided task list.
5. Be responsible for the cost of all pest control and extermination procedures.
PRIOR TO ENTERING AGREEMENT:
A complete inventory of all capital equipment and smallwares as well as their condition will be taken by Azusa
and Contractor at the start of this agreement. Annual inventories and audits of conditions will be taken by
Azusa and Contractor. Upon termination of agreement, all items according to the latest inventory must be
returned to the Azusa Senior Center in the same condition as received, less consideration for normal wear and
tear.
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Beginning Oates Ending Oates 1
7/1/08-7/6;08 1/26/09-2/1/09
1 �
8/11/08-8/17/08 3/9/09-3/15/09 1., 7
0
_
9/22/08-9/28/08 4120/09-4/26109
}/3/08-I 1/9/08 6/1/09-6/7/09 For AAA Office Use onl ____ :,'j".."';'-'.7:'''
;
12/15/08-12/21/08 •ENTREE CHOICE
VSTRUCTIONS Monday Tuesday Wednesday Thursday Friday Saturday Sunday
indicate W.0 source ova,—. Chicken Veg.Barley Soup
lnoup serving Cream of Celery Soup 6 oz Ladle Orange Juice*4 oz Orange Juice 4 oz
0 .List food components. 6 oz.Ladle
1(2 cup serving
IF-AT or ALTERNATE Beef Fajitas A:Chicken Divan A:Stuffed Pepper' Chicken Parmesan Baked Fish w/Crumb Topping Sliced Turkey 3 oz Salisbury Steak
3 oz.cooked edible portion 3 oz.Beef E,P. 3 oz.Chicken 2 oz.Sauce 3oz Gr Beef&Turkey 3 oz.Breaded Pattie 3oz.Fish.Tartar Sauce 1 ea. Gravy 1 oz 3oz grd Beef
text portion size and food cameo. 4 oz.Spoodle 4 oz.Spoodle 1oz Sauce 25mgC OR: 1 oz Gravy
nem or alextended entrees. B:Turkey a la King B:Meat loaf Chill Egg Puff
Inch:ate brand name of frozen 3 oz.Turkey 3oz Gr Beef 1 egg 1 oz Cheese
muse. 2 oz.Sauce 1oz Sauce 1/2 c Coot cheese-2"X2'SQ.
TARCH or BREAD ALTERNATE Spanish Rice Parsiied Noodles Scalloped Potatoes E:Spaghetti Brown Rice Pilaf Mashed Potato Egg Noodles
indicate portion size 1/2 c.=#8 Scoop 1/2 c=4 oz.Spoodle 112 c=#8 Scoop 1/2 e.=4oz Spoodle 1/2 c.=8 Scoop 112 cup a#8 Scoop
Wheat Bread Wheat Bread 1 sl. Wheat Bread Wheat Bread Wheat Bread
Flour Tortilla(1) Corn Bread(2"x2'rSQ.) 1 Slice 1 Slice 1 Slice 1 Slice
GETABLEFRUIT Caulifower' E Mixed Vegetables" Parsty Carrots"' Green Beans Zucchini&Tomato
Two 1/2c servings Vitamin A Pinto Beans Broccoli' 1/2 c=4 oz.Spoodle 1/2 c=4oz spoodie 1/2 c.=4oz Spoodle 1/2 c.=4 oz spoodle 1/2 c.=4oz Spoodle
sources must be Served= 1/2 C.40z Spoodle 1/2 c.=4 oz.Spoodle
3 separate days par week. .
indcate with–F. E:Cole slaw* Carrot&Raisin Salad**. Green Bean Salad E:Combination Salad Lettuce&Tomato Salad
hritor•negetabe is vairci r 1/2 Cup#8 Scoop 1/2 c._#8 Scoop 1/2 c.=4oz Spoodle 1/2 C=4oz.Spoodte 1/2 c.4 oz.spoodle
A&C source intricate with— 1000 island Or.1 tsp
2 or user ALTERNATE
at Trans Frit Free Margarine Fort Trina Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans FM Free Margedne Trans Fat Free Margarine Trans Fat Free Trans Fat Free
1TSP 1 tsp. 1 tsp 1 tsp. 1 tsp. Margarine-1 tsp. Margarine-11.50.
SSERT: Banana' Chocolate Pudding Apple Betty WI Oatmeal Orange' Peanut Butter Cookie I Cantaloupe•112 c. Banana 1 ea.
List main food and component 1 each (No Trans Fat) Crumb Topping 1 each 2 each
1r2 cup serving 1/2 C#8 scoop 112c._#8 Scoop Alternate Fruit=1/2 cup
LK:a ouncos LF or NF Milk LF or NF Milk LF or NF Milk IF or NF Milk LF or NF Milk IF or NF Milk LF or NF Milk
8 oz. 8 oz. Boz 8 oz. Boz. 8 oz. _8 oz.
Total C=27mg. Total C•45mg
v.6/28A0 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following.
Ground Meat=2s per week only High So4un(Ham,Sausage.13(per week)-(Cheese=1x per week)
Morrison M.S. C-1&C-2 Vvccr.Ivbeocn. I - .., —_
Indicate Type Sr Meal — - '—
Beginning Dates Ending Oates Beginning Oates Ending Ostes At
717108-7/13/08 2/2/09-2/8/09 -
8,/I8/08 8.24;08 3/16/09-3/22/09 [.? CA2i-e-'0
9129/08-10/5/08 4/27/09-5/3/09 0 7-7",: r':':''.1:7:7.:.,.:
6/8/09-6/14/09 For AAA Office Use Only r Y_ _,t,:Y—_
11/10/08-11/16/08
l2(.22/08-12/28;08 'ENTREE CHOICE
r _
JSTRUCTIONS Monday Tuesday Wednesday Thursday Friday Saturday Sunday
ndicate Vd.0 source with"'.
1/2 cup serving Apple Juice oz. Minestrone Soup Beef Barley Veg Soup
>ap.Lial food components. 6 oz.Ladle 8 oz.ladle
1/1 cup serving •
EAT or ALTERNATE A:Chicken Chow Main A.Spaghettl&MeatBails A:Baked Turkey A:Hot Rat Beef Sandwich Fish W/Lelmon Sauce Pork Oriental Meat Loaf
3oz.SI.Chicken 102 Sauce 6 Bars 3 oz.Grd.Beef 3 oz.Turkey 3oz.Portion 3 oz.Portion 3 oz Pork 1oz Gravy 3oz Grd Beef
kat portion rias and rood compo- w/Chinese Veg 402 Spoodle 2 oz Sauce 1 oz.gravy 1 oz.Gravy 1 oz. Sauce OR: 4 oz Spoodle 2 oz Gravy
nentofaseriendedentrees. B:Baked Herbed Chix B.Pork Riblet 6:Oven Brown Chicken B:Beef Stew Roast Pork WlGravy
Indiula brand name of frozen 3 oz.Chicken 3oz Pork 1 oz sauce 3 oz.Chicken 3 oz.Beef 2 oz Gravy 3oz.Pork
entree. 1 oz.Gravy 4 oz.Spoodle 1 oz.Gravy
(ARCH or BREAD ALTERNATE A:1/2 White&1/2 Brat.Rice A.Spaghetd A Fort.Mashed Potatoes Parslied Noodles Brown Rice Scalloped Potatoes
Indicate portion Si. 112 c. #8 scoop 1/2 c.=#8 scoop 1/2 c.=4 oz Spoodle 1/2 c.=#8 Scoop 1/2 C. #8 scoop 12 c.=#8 Scoop 1/2 c._#8 Scoop
B:Rice Pllaft/2 Wh.&/2 Brn 8:Noodles Alfredo Sweet Potato" B:Boiled Potatoes
1/2 Cup =#8 scoop 1/2 c.=4oz Spoodle - 1/2 c.=4oz.Sppodle
A.Fried Chinese Noodles. A.Wheat Bread Wheat Bread Wheat Bread Wheat Bread Wheat Bread Wheat Bread
1/4 cup 1 slice 1 slice 1 slice 1 ace 1 slice 1 slice
Wheat Bread 1 Slice B.Hemb.Bun 1 ea.
?GETABLE/FRUIT Normandy Vegetables"' Buttered Zucchini Broccoli' A:Peas&Carrots" Succatash Zucchini&Tomato Havard Beets
Two tl2c Wrings vitamin A 112 Cup#4 Spoodle 1/2 c=4 oz.spoodle 1/2 c.=4oz..Spoodle 1/2 c.=4 oz.spoodle 1/2 c.=4oz spoodle 1/2 c.=4 oz Spoodle 1/2 c.=4 oz Spoodle
eosrces mull be served on B:Stew Vegetables" .
3 separate days per week, 1/2 C.e:4 oz.Spoodle '
indioala with•'• Combination Salad Lettuce&Tomato Salad Three-Bean Salad Confetti Cabbage Slaw' Marinagated Tom.Gr.
hail or vegetable is Vitamin 12 cup=4oz.Spoodle 1/2 cup 1/2 cup=4oz Spoodle 3/4 c.=6 oz.Spoodle Pepper.&Onion*
4oz Spoodle
A 8 C sowce entreatswtm---
Ranch Dr.1 tsp Ranch Dress.1 tsp. French Dr.1 tsp.
2 or other ALTERNATE -
)Aided Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fel Free Margarine Trans Fat Free Trans Fat Free
LISP 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. Margarine-1 tsp. Margarine-1 tsp.
ESSERT: Tapioca Pudding Cantaloup'1/2 c. Lime Gelatin w/Pears Seasonal Fruit no Melon) Oatmeal Raisin Fresh Orange' Cantaloupe'''.
List main rood and component (No Trans Fat) or Honeydew'3/4 c. 112c 2x2 • 1/2 c.or 1 ea. Cookies I (2) 1 ea. cup
112 cup serving 1/2 c.=#8 scoop Alternate Fruit=1/2 cup
WIC a ounces LF or NF MAk LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk 'LF or NF Milk LF or NF Milk
8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz. _8 oz.
v.6/25100 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following:
Ground Meat=2x per week only High Sodium(Ham,Sausage=lx per week)-(Cheese=lx per week)
I
AENU PATTERN: Morrison M.S. WEEK NUMBER: 3 Agency Name:Azusa ----(C.;
,__ _.. --.
rWicate type of Meal i —F i'-.- ` x /� if-)
tit! yt-i—._ a £.d:..
Beginning Dales aeoinnt"g Dates Ending Dates
7/14108-7120/08 2/9/09-2/15/09 "��.µ i
8x25/08-8/31/08 3/23/09-3/29/09 1 "`� jZ` Ar
. • _ , •
•
10/6/08-10/12/08 5/4/09-5/10/09
For AAA Office Use Only I
I 1/17/08-11/23/08 6/15/09-6/21/09
12/29/08-1/4/09 *ENTREE CHOICE
VSTRUCTIONS Monday Tuesday 1 Wednesday Thursday Friday Saturday Bunchy
Indicate VII.0 source with""'.
112 cup serving Orange Juice'4 oz Lentil Soup Vegetable Barley Soup Orange Juice*4 oz
oup.List food components. 6 oz.ladle 6 oz.Ladle
112 oup serving
TEAT or ALTERNATE A:Sliced Turkey 3 oz. Beef Lasagna A:BBQ Chicken A:Taco Salad Baked Fish Vera Cruz Chicken Noodle Stuffed Pepper'
3oz.cooked edible portion Stuffing 2#16 Scoops 1 c=2#8 Scoops 3oz.E.P. 2 oz.Grd.Beef#12 Scoop 3 oz Fish 2 oz Sauce C le 3oz Grd Beef&
Usl portion size end food compd. Gravy 1 oz. 2oz ground beef I oz cheese 1 oz.sauce 1 oz.Cheese OR: 3oz Chicken wNegetables Turkey
nent of ail extended entrees. B.Lemon Herb Chicken B:Creole Chicken B:Roast Beef 2 oz Sauce 1 oz Sauce
indicate brand name or frozen 302 Chicken 3 oz.E.P. 3oz.Beef 4oz spoodles
entree. 1 oz.sauce 1oz Gravy
TARCN or BREAD ALTERNATE 8.Mashed Potato Pasta in Entree A: Potato Wedges A:Tex Mex Rice Fort.Mash Potato` Noodles in entree Scalloped Potatoes
Indicate portion size 1/2 Co#8 Scoop 1/2 cup 1/2 c.=4 Oz.Spoodle 112 0.=#8 Scoop 1/2 c.=#8 scoop 1/2 cup 1/2 0=#8 Scoop
B:Imperial Rice B:Mashed Potatoes
1/2 0._ #8 scoop 1/2 c.=#8 scoop
Wheat Bread Wheat Bread Corn Bread 1 sq(2"X2") A:Tortilla Chips Whole Wheat Bread Wheat Bread Wheat Breed
I Slice I Slice 112 Cup 1 Slice 1 Slice 1 Slice
B:Wheat Bread 1st.
EGETABLE/FRUIT Green Beans Green Peas Broccoli" A:Pinto Beans Peas&Carrots"' Green Beans&Tomatoes Cauliflower`
Two 112c servings Vitamin A 1/2 c.=4 oz.Spoodle 1/2 c= 4 oz spoodie 1/2 c o 4 oz spoodle 1/2 c.=4 oz.spoodle 1/2 C.4 OZ Spoodle 1/2 c.=4oz Spoodle 12 c.=4 oz.Spoodie
sources must be served on B:Zucchini Squach
3 separate days per week, 1/2 C.=4 oz.spoodle
indicate with' '. Cole Slaw' Carrot$P/A Salad"' Spinach Salad* Lettuce&Tomato Salad Lettuce Salad w/112 c.
fruit or vegetable is Vitamin 3/4 c.=#6 Scoop 1/2 C= 4 oz spoodle 3/4 c 1/2c Mandarin Oranges'
A&C source indicate with""'. 1/4 CUP
A.Cranberry Saucet tsp. 1000 Is.Dr.1 tsp French Dr.1 tsp. Ranch Dressing 1 tsp
2 or other ALTERNATE
orbited Trans Fat Frac Margarine Trans Faf Free Margarine Trans Fat Free Margarine Trans Faf Free Margarine Trans Fat Free Margarine Trans Faf Free Margarine Trans Fat Free Trans Fat Free
1Ta1, 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. Margarine-1 tsp. Margarine-1 tsp.
ESsERE: Chocolate Cake! Peach Crisp w/Oatmeal Seasonal Fruit Cantaloupe"" Banana Pudding Fresh Apple Banana 1 ea.
List main food and component 2"x2"sq. Topping 112 c-4 oz spoodle (No Orange) I Slice=1/2 c. (No Trans Fat) 1 ea,
1/2 cup serving Alternate Fruit=1/2 cup 1/2 c.or 1 piece 1/2 c._#8 scoop
ILK:8 ounces LF or NF Milk ILF or NF Milk IF or NF Milk LF or NF Milk LF or NF Milk IF or NF Milk LF or NF Milk
Boz. Boz. 8oz. 8oz. Boz. 8oz. Boz.
Total Cc 31.5 mg.
.v.6128/0O NOTE:All menu choices have to be approved at least 6 weeks In advance.-When making Entree choices remember the following:
High Sodium(Ham,Sausage=1 x per week)-(Cheese=lx per week)
k
•
ENU PATTERN' Morrison M.S. C-1&C.2 WEEK NUMBER: I 4 Nma Name_Azusa
i:+drate Type a.Meal- _
- .. --'-- Gglnniny Dates anions DM's `_-A`~ f-"`pL R-
7/21/08-7127/08 2/16/09-2/22/09 ,• - — 'J/ A�}
9/1/08.9/7/08 3/30/09-4/5/09 €` �r `,'
10/13/08-10/19108 5/11;09-5/17/09 I- /r .Z.ZrD`� •
11124:08-11/30/08 6,22/09-6/28/09
For aaOf6causeady
1/5/09-1;11;09 0ENTREE CHOICFy�
ISTRUCTIONS Monday _— Tuesday. WWdes4a+L Thursday Friday Saturday Sunday
Int tate vnC pow..n.. Orange Juice"
ua cap serving 4 oz. Tomato Bisque Soup Barley Mushroom Soup Orange Juice'4 oz
j.'Ls:load compeemu 6 oz Ladle 6 oz.Ladle
112 arrp serving
FAT or ALTERH010 Hamburger Pattie A:Hawaiian Chicken A:Meatballs(6) Rst.Turkey Baked Fiah wJ Tartar Sc. Beat Fajitas Chicken Parmesan
3 ow.000Md whale portion 300 Grd.Beet,1 oz cheese 3 Oz.Chicken 1 Oz.Sauce 3 oz.Grd.Beef 3 oz.Turkey 1az Gravy 3 oz Fish 3 oz Beef 3 oz.Chicken
Ula portion sue and food compo. I pkg must.Mayo.catsup 2 Oz.•soca 4oz Spoodle I oz Sauce - 4 oz Spoodle
non(of or ar extended souses. B:Chicken wl Ginger B:Salisbury Steak 8:Hot Turkey Sandwich OR: •
Noires bond came a:roam 3 oz Chicken 3 oz.Grd.Beef 3 oz.Turkey Vegetable Ouic¢e
anew. 2 oz sauce 1 Oz.Gravy 2 oz.Gravy 2.5 Oz Egg 8 Cheese
'ARC//or eN[AD ALTERNATE BOO Beans Rice Pilaf tla its.a vz am Egg Noodles Fort.Mashed Potatoes 116 pie
Indicate Doman alae 12 c=64 Spoodle 1(2 0.=6e Scoop 12 0.=1 oz-Spoodle 112 c.=08 scoop 12 Cup 14 spoodle Spanish Rice Spaghetti
I Cranberry Sauce 1 oz • ejpap,ggi 112 c=BB Scoop 1/2 c=Tonga
4tx Sggggie .
Hamburger Bun(1) Wheat Bread 1 Slice Wheat Breed 1 Slice Whole Grain Bread 11 si.) Wheat Bread Flan Tortilla Wheat Bread
1 sl • t each 1 Slice
GETAB00AttUn _E:Mewcom Carrot Coins" Zucchimi&Tomato Green Peas Green Beans wl Rad Peppers Pinto Beans Mixed Vegetables''
Iron eta amines Vitamin A 12 c.-4 Oz Spoodle 1/2 C. 4 oz.spoodle 1/2 C.=4 0z Spoodle 1/2 c.=4 oz.Spoodle 4 oz spoodle=12 c 12 c.e 4 oz Senodle 12 c.•4 oz,Spoodle
apu:aa muu tie tame on•
I sePSels days pa:wet,
0402.010:--. E.SI.LettuceSTomato Cabbage&Berl Pepper Spinach Salad"w/Mush. Citrus Fruit Cup' Broccoli&Raisin Salad'
ez a neatest.,u vsame lCd e=4 oz spoodle Salad' 12 C.=4 oz.Spoodle 12 e=Jia Scop 12 0.418 Spoodle
A 4 C source tdkane w•Fn 3l4 c e.4 02.Spoodle
Italian Dr.(tsp. Italian Or.1 tap.
Of alter At f ERHATE
d.Tram Fat Free Margarine Trane Fal Free Maryerure Trans Fal Free Mrganne Tram FM Fre.Star patine Tram Fat free Margarine Trani Fd Free Tram Fd Fra.
1 TSP 1 tsp. 1 tsp. 1 tsp. I tsp. 1 tsp. Margarine-1 tap. Margarine-1 tap.
:SSERT: Vanilla Pudding Seasonal Fruit Orange'I each Pumpkin Bread"I Baked Cinnamon Apples Oatmeal cookies Cantaloupe
1.17.c.41:cod and component (No Trans Fat) (NO Orange) i Sq.•Tx2' wl Oatmeal Crumb Topping 2 sm.Or 1 large 112 alp
112 sup serving 12 C.-4 oz.Spoodle 12 0.or 1 piece Alternate Fruits 12 cup 12 c.=1B Scoop
-K dooms LF or NF Milk LF or NF Milk LF or NF Milk LF or NFMek LF or NF Milk LF orNF Mid LF or NF Milk
8 oz. Boz. 8 oz. 8 oz. 8 oz. Boz. 8 oz.
•.20100 NOTE:Ali menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the Meowing:
Ground Meet=2x per week only
High Sodium(Ham,Sausage=to per week)-(Cheese=to per week)
•
ENU PATTERN: Morrison m.o. ..-r 04%.••.4 —
Indicate Type o!Meal rte`/„. ., ��_.....
Beelnnine Dates Ending Dates Beginning Dates Ending Dates . a /%/
7/28/08-8/3/08 2/23/09-3/1/09 i
1-_11,,
9/8/08-9/14108
9/8/08-9/14108 4/6/09-4/12/09 >,-,F47•.;. . ....;,.
10/20/08-10/26/08 5/18/09-5/24/09
ForAAA Office Use Only
2/1/08-12/7/08 6/29/09-6/30/09
1/12/09-1/18/09 *ENTREE CHOICE •
STRUCTIONS Monday Tuesday Wednesday 1 Thursday Friday Saturday Sunday
Indicate Vu.C source with"".
to cup serving Orange Juice" Split Pea Soup Vegetable Soup Orange Juice'4 oz
up:List food components. 4 oz. 6 oz Ladle 6 oz.ladle
1/2 cup carving•
AT or ALTERNATE A:Pork Oriental A:Chicken Dijon A:Polish Sausage INa A:Chicken Enchilada Bkd.Fish wlCrumb Beef Lasagna Turkey a la King
3 oz.cooked edible portion 3 oz.Pork 1 oz.Gravy 3 oz.Chicken 3 oz Beef Casserole 2.5 oz.Chicken Topping-3 oz.Fish 1 cup=2#-8 Scoops 3 oz Turkey
List portion size and rood compo. 4 oz.Spoodle 1 oz.sauce 1 pkg,Mustard 1/2 oz cheese 2#8 Scoops OR: 2 oz Sauce
nen!of all extended entrees. B:Cold Plate#5 B:Chicken a la Morrison B:Swedish Meatballs(6) A:Soft Tacos BBQ Beef 4 oz Spoodle
Indicate brand name al frozen Tuna Salad 3 oz.Chicken 3 oz.Ground Beef 2 oz.Grd.Beef#2 Scoop 3oz Beef
entree. 1 ox.sauce 2 oz.Sauce 1 oz.Cheese 1 oz sauce
ARCIt or BREAD ALTERNATE A:Brown Rice Rai-ailed Noodles A Scalloped Potatoes Potato wedges Noodles in Entree Noodles
Indicate portion size 1/2 c.=#8 scoop 1/2 c.=4 oz.Spoodle 1/2 c=#8 scoop Spanish Rice 1/2 c=#8 spoodle 1/2 cup 1/2 a=#8 Spoodle
B:See Cold Plate Menu B:.Egg Noodles 1/2 a=#8 scoop
1/2 c=4 oz.Spoodle
A:Wheat Bread 1 Slice Corn Bread AHot Dog Bun 1 ea. :Wheat breed Wheat bread :Wheat bread
B:See Cold Plate Menu 1 sq.2"x2" B.Wheat Bread Flour Tortilla(1) 1 slice 1 slice 1 slice
1 Slice .
GETABLE/FRUIT A Zucchini&Tomato Peas&Carrots" Mixed Vegetables"' Broccoli&Cauliflower* Green Peas Broccoli*
Two 1125 servings Vitamin A 7mgC 1/2 c.=4 oz.Spoodle 4 oz.spoodle=1/2 c Pinto Beans 1/2 c.=4 oz spoodle 1/2 c.=4oz Spoodle 1/2 c.=4 oz Spoodle
sources must be served on 1/2 c.=4 oz.Spoodle 1/2 a=4oz.Spoodle
3 separate days per week. B:See Cold Plate Menu '
indicate Mtn-••". Confetti Slav' American Salad Marinated Tomato,Gr Pepper Spinach Salad**
cue or vegetable is Vitamin 3/4 c.=#6 Scoop 1/2 c.=4 oz.Spoodle &Onion Salad Lettuce&Tomato Salad 3/4 c.=8 oz spoodle
A s C source indicate wilh""'" 25 mgC 1/2 c.=4 oz.Spoolde 1/2 c.=4 oz spoodle
Creamy Italian Dr.1 tsp.
or other ALTERNATE 1000 Is.Dr.1 tsp.
)RT.Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Trans Fat Free
1TSP 1 tsp. 1 tsp. 1 tsp. 1 tsp. Margarine-1 tsp. Margarine-1 tsp.
iSSERT: Lemon Cake 1 Tapicoa Pudding Banana 1 ea. Melon Medley Peach Crisp WI Fresh Apple Fruit in Season
List wain food and component 1 each 2"X2"sq. 1 each Oatmeal Crumb Topping or Banana=1/2 c.
ill cup serving , Alternate Fruit=1/2 cup 1/2 c.=4oz Spoodle V2 c.=4oz Spoodle No Apple
_KS ounces LF or NF Milk LF or NF Milk LF or NF Milk"140 RE A LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk
8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz.
'.6;25100 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following:
• Ground Meat=2x per week only High Sodium(Ham,Sausage=1 x per week)-(Cheese=lx per week)
ICE CREAM needs Dietitian's approval for each site
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AENU PATTERN: Morrison M.S. C-1&C-2 WEEK NUMBER: H1 AGENCY NAME: Azusa
Indicate Type of Masi
Beginning Dates Ending Dates Beginning Dates Ending Dates f'' .'-V•�9° �;r)
7/1/2004 - 8/30/2006 1(CnC(/Jj
HOLIDAY MENU for MENU CYCLE 2003-2004 iyY -c -• �L�
For AAA• ice Use.Onl'
, .._..
_
i
Independence Day Labor Day Mea.Independence (Nuober Fest Halloween Thanksgiving Day EfiFktmas
VSTRUC TIONS Week 1 -Thursday Weak 3-Thursday Week 6-Tuesday Week 4-Tuesdey Week a-Friday, Week 3-Thursday Week 1-Thursday
indicate Vrt C source with
1n cup serving Orange Juice' Orange Juice' Orange Juice* Orange Juice" Witches Brew Oragne Juice" Orange Juice'
Oup.List food component. 4 oz. 4 oz. 4 oz. 4 oz. (Vegetable Soup) 4 oz. 4 oz.
1/2 cup serving 6 ox.ladle
EAT or ALTERNATE A:All Beef Hot Dog(Nr A:BBQ Chicken A:Chili Casserole 1N. A:Knockwurst tea A:Ghost's Eyes(6) Sliced Turkey w/Gravy A:Baked Ham w/Raisin
3 oz cooked edible portion 3 az.Beef Frank 3 oz.Chicken E.P. 3/4 c.serving with 3 oz meat (Meatballs/Gravy) and Stuffing 3 oz.Ham(Na
sl portion size and rood compo-1 Ketch.Must.Relish 1 oz.Sauce 3 oz.Cheese=6 oz spoodle 3 oz.Beef/1 oz.Gravy 3 oz.Turkey,1 tsp.cranb.s 1 oz.Raisin Sauce
hent of all extended entrees. B:Baked Chicken B:Hot SI.Beef Hero Sw B:Chicken Mole B:Herb Seasoned Chlx. B:Skeleton Bones(2) 1/2 c.Stuffing B:Roast Beef
indicate brand name of frozen 3 oz.Chicken E.P. 3 oz.Beef 6 3 oz.Chicken E.P. 3 oz.Chicken E.P. (Chicken Drums/Gravy) 2 oz.Gravy 3 oz.Beef
entree 1 oz.au jus 1 oz.Sauce 1 oz.Sauce 3 oz.Chicken E.P. #8scoop 1 oz.Gravy
TARCH or BREAtDALTERNAT Potato Salad Corn Cobette Spanish Rice Mashed Potatoes A:Otd Sorcerer's Hair Mashed Potatoes Au Gratin Potatoes
Indicate portion size 1/2 c.=#8 scoop 1 each=1/2 c. (1/2 White&1/2 Brown Rice) 1/2 c. (Spaghett-1/2 c.=#8 scoop) 1/2 c.=1/2 potato 1/2 c.=#8 scoop
1/2 c.=#8 scoop #8 scoop B:Toad's Stool #8scoop
A:Whole Grain Bun-1 eac A:Biscuit-1 each Tortilla 1 each Rye Bread Soft Rock Cornbread Onion Roll
B:Wheel Grain Roil-1 eac(No Trans Fat) 1 slice (Whole Grain Roll)1 ea. 1 slice 1 slice
B:Roll-1 each 1 each
EGETABLEJFRUIT Baked Beans Baked Beans Mexican Corn A:Sauerkraut Monster Tears'8mgc Green Bean Almondine Peas Onions&Mushrooms
rwo 112c servings Vitamin A 4 02.spoodle 4 oz.spoodle 4 oz,spoodie 4 oz.spoodle (Peas) 4 oz.spoodle
sourres must be saved on 4 oz.spoodle 4 oz.Spoodle
3 separate days per week,
indicate with^ Coleslaw' Watermelon Lettuce w/Tomato B:Mixed Greens/Carrots" Goblins Salad*21r-ngc Jellied Cranberry Salad Red Sunset Salad
fruit or vegetable is Vitamin /2 c.=4 oz spoodle 1/2 c. 1/2 c.=#8 scoop 1/2 c. Red&Green Cabbage Salad 1/2 c.=#8 scoop 1/2 c.=8 oz scoop
r a C source indicate with 3/4 a.e6 oz spoodle
Italian Dr.1Tsp French Dr.-1Tsp.
2 or other ALTERNATE
>RT.Traris Fat Free Margarine Trans Fat Free Margarine Trans Fat Free MargarinlTrans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine
ITSP 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp,
ESSERT: Watermelon Sunset Salad"2tsp carrc Flan Black Forest Cake I "Jack-O-Lantem" Pumpkin Tart.' ! Red Velvet Cake !
1st main food and component 1/2 c. 1/2 c.=#8 scoop 1/2 c.=#8 scoop 1 each-2x2" Pumpkin Bread"!1 SI. with Topping 1 ea.=1/2 cup 1 each-2x2"
1/2 cup serving Alt.Fruit=1Y2 cup Alt.Fruit=1/2 cup _Alt.Fruit=1/2 cup Alt.Fruit=1/2 cup
ILK'8 ounces LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk IF or NF Milk LF or NF Milk
8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz.
Total C.33 mg
v.6/28/00 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following:
Ground Meat=2x per week only High Sodium(Ham,Sausage=Ix per week)-(Cheese=lx per week)
AENU PATTERN: Morrison M.S. C-1&C-2 WEEK NUMBER I H2 i AGENCY NAME: Azusa
Indicate Type or meal _ _
Beginning Dates Ending Dates Beginning _
Delve Ending Dates 'o ' ---_ P
i t /�it
HOLIDAY MENU for MENU CYCLE 2002-2003 r w
For AAA Office I;Jse:Ortly. - _
New Year's Eve Martin Luther King Presidents'Day Valentine's Day SL Patrick's Day Passover Easter
sISTRUCTIONS Monday Week 5-Thursday Week 3-Thursday Week 3-Friday Week 2-Thursday Weeks-Wednesday Week 5-Thursday
Indicate Vit C source with
1r2 cup serving Orange Juice' Orange Juice Orange Juice' Orange Juice'
cup.List food components. 4 oz. Mushroom Barley Soup Corn Chowder 4oz. 4 oz. Chicken Noodle Soup 4 oz
ill cup serving 6 oz.ladle 6 oz.ladle 6 oz.ladle
EAT or ALTERNATE A:Roast Beer A:Turkey Drum or Wing Hot Hero Sandwich A.Chicken Parmesan 'A:Corned Beef INa A:Baked Chicken ii A:Baked Ham 1Na
3 oz.cooked edible portion 3 oz,Beef 3 oz.Turkey E.P. 3 oz.Sliced Beef 3 oz.Chicken E.P. 3 oz.Corned Beef 3 oz.Chicken E.P. vf 3 oz.Ham
st portion size and rood compo.1 oz.Gravy 1 oz.Gravy 1 oz.au(us 1 oz Sauce 1 Tsp.Mustard 1 oz.Gravy 1 oz Raisin Sauce
nem or alt extended envees B:Sliced Turkey B:Meatball in Gravy B:Baked Fish w/Crumb B:Spaghetd 8.Meataauce B:Salisbury Steak B:Sliced Turkey
Indicate brand name of frozen 3 oz.Turkey 3 oz.Beef 6balls Topping 3 oz.Gr.Beef 6 oz spoodle 3 oz Gr.Beef&Turkey 3 oz.Turkey
entree. 1 oz.Gravy 1 oz.Gravy 3 oz.Fish/1oz.Tartarsc. 2 oz.Sauce 1 oz Gravy 1 oz.Gravy
TARCH or BREAD ALTERNAT Mashed Potatoes Mashed Potatoes'20mg C Potato Salad*5mg C B:Rice Pilaf • A:Boiled Potatoes' Roasted Potatoes Sweet Potatoes
Indicate portion size 1/2 c.=#8 scoop 1/2 c.=#8 scoop 1/2 c.=#8 scoop 1/2 c.=#8 scoop 1/2 c.4oz spoodle 1/2 c. 1/2 c.=4 oz spoodle
A: Fettucini w/Marinara B:Spaghetti 4oz spoodle
4oz spoodle 1/2 c._#8 Scoop
Wheat Bread A:Cornbread-1 ea.=2x2" Steak Rot-1 each Whole Grain Bread Rye Bread Matzoh _ Cornbread
1 slice B.Whole Grain Bread-1 sl. 1 slice 1 slice 1 each, _ 1 each=2x2"
EGETAeLE/FRUIT Spinach" Collard Greens"'23mgC Green Beans w/Red Peppers Peas&Onions A:Cabbage Carrot Tzimmets" Creamed Spinach"'
Two 112e earvinge Vitamin A 4 oz.spoodle 4 oz.spoodle 4 oz.spoodle 4 oz.spoodle 1/2 c.=4 oz spoodle 4 oz.spoodle 4 oz spoodk 4 oz spoodle
sources mutt be sawed on BlaCkeyed Peas for B:Broccoli s 1/2 c
3 separate days pet week, Good Luck 4oz s oodle •
' intricatewitlr " Creamy Cole Slaw' Tossed Salad Greens Creamy Cole Slaw"25mg C Lettuce&Tomato Salad Garden Green Salad Orange Grapefruit / Tossed Salad Greens
trod or vegetable Is Vitamin 4 c.=6 oz spoodle 1/2 c. 3/4 c.=6 oz spoodle 1/2 c.=#8 scoop 1/2 c. Salad' V 1/2 C.
1&C source indicate wen'
1/2 c.= 4 oz spoodle
1000 Island Dr.•1Tsp. Ranch Dr.ltsp Blue Cheese Dr.-1Tsp. 1000 Island Dr.-1Tsp.
2 or other ALTERNATE
ORT.Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margery*Trans Fat Free Margarine
1TSP 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. 1 tsp. .>, c 1 tap.
ESSERT: Apple Tart with Topping! Honeydew/Cantaloupe' Cherry Tart 1/4 c fruit whopping Sweetheart Cake I Decorated Cake! Macaroons I„r),t4 Easter Cake I
List main food and component 1 each r 1/2 c. 1 each 1 each.=2X1" 2"x2" 2 each 11 1 1 each=24"
112 cup serving Alt.Fruit=1/2 cup At.Fruit=1/2 cup Alt.Fruit=1/2 cup Alt.Fruit=1/2 cup Alt.Fruit='1/2 cup At.Fruit=112 cup
ILK'.a ounces LF or NF Milk LF or NF Milk LF or NF"Mi& LF or NF Mtk LF or NF Milk LF or NF Milk LF or NF Milk
8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz. 8 oz.
Total C=30-45 mg
Total C=43 mg
w e128li0 NOTE:Ail menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following: '.>
Ground Meat=2x per week only High SFQium(Ham,Sausage=lx per week)-(Cheese 5 1)t per week) eiy
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IENU PATTERN: Morrison M.S. C-1&C-2 WEEK NUMBER: ( H3 AGENCY NAME Azusa
Indicate Type of Meal --74-7.F.' ". •7
y s
Beginning Dates Ending Dates Beginning Dates Ending Dates
7/1/2004 - 6130/2005 I` ' /14 4
9•
L ..ti
HOLIDAY MENU for MENU CYCLE 2003-2004 ':"'""7':,:,;. ?...,!.7'':
., tr
For ffice Use Only'-,-.., c ---
Cinco de Mayo Mothers Day Memorial Day Fathers Day Rosh Hashanah
JSTRUCTIONS Thursday Weeks-Thursday –Week 6-Thursday Week 3-Thursday I
Indicate Nate source with"" '
112 CUp serving Orange Juice* Orange Juice* Orange Juice• Orange Juice" Orange Juice* Programs!Sites may choose 3 additional Holidays
Cup.List food components. • 4 oz. 4 az. 4 oz. 4 oz 4 oz.
112 cup serving as they best fit into their calendars-such as:
EAT or ALTERNATE A:Chicken Fajitas A:Chicken in Wine Sauct A:Hamburger Steak Yankee Pot Roast Roast Chicken
3 oz.cooked edible portion 3 oz.Chicken E.P.6 oz spoodle 3 oz.Chicken E.P. 3 oz Gr.Beef 3 oz,Beef wt Honey Glaze Hawaiian Day
st portion size and rood cornea-2 oz.PepperlOniorVTomato 1 oz.Sauce 1 Tsp.Ketchup 1 oz.Gravy 3 oz.Chix.1 oz Sauce Hanukkah
nen(of all extended entrees. B:Sliced Turkey B:Roast beef B:BBQ Pork Western Day
Indicate brand name of frozen 3 oz.Turkey 3 oz.Beef . 3 oz.Pork Chinese New Year
entree. 1 oz.Gravy 1 oz.Gravy 1 oz.Gravy Respect for the Aged Day(Japanese)
TARCH or BREADALTERNAT A:Mexican Rice Imperial Rice Potato Salad Mashed Potatoes Noodle Kugel
Indicate portion size 1/2 C._#8 scoop 1/2 c.=#8 scoop 1/2 c._#8 scoop 1/2 c.=#8 scoop 1/2 c=#8scoop or any other of their choice
8:Sweet Potatoes"
112 c.=4 spode These days and menus will have to be coordinated and approved
A:Tortilla-1 each Biscuit(No Trans Fat) Hamburger Bun Biscuit(No Trans Fat) Egg Bread by Morrison(Caterer)AND CNS(Program Dietitian)
B:Wheat Grain Bread-1 slice 1 each (Whole Grain)1 each 1 slice 1 slice at least 8 weeks in advance(=prior to any menu publications)
EGETABLEIFRUIT A:Refried beans Peas&Pimientos Baked Beans Peas&Corn Honey Carrots"
Two 112c servings Vitamin A 4 oz.spoodle 4 oz.spoodte 4 oz.spoodle 4 oz.spoodle 4 oz.spoodle
sources must be served on B:Spinach••
3 separate days per week, 4 oz.ssoodle
indicate with—. Cucumber Mix Waldorf Salad Lettuce&Tomato Waldorf Salad Coleslaw -
fruit or vegetable is Vitamin 112 c.4oz spoodle 1/2 c.=#8 scoop Red Onion 1/2 c.=#8 scoop 1/2 c.=#8 scoop
1&C source indicate with""– 1/2 C.
1000 Island Dr.-lTsp.
2 w other ALTERNATE
7RT.Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine
1TSP 1 tsp. 1 tsp. 1 tsp. 1 tsp, ,,1 tsp.
ESSERT: Capirotada! Cream Layer Cake! Watermelon Chocolate Tart! Honey Cake I or
List mein food and component 1/2 C.=2x2" 1 each=2x2" 1/2 c. with Topping 1/2 C 1 ea. Apple Tart I=1/2 C
112 cup serving Alt Fruit=1/2 cup Alt.Fruit=112 cup Alt.Fruit=1/2 cup Alt.Fruit=1/2 cup
ILK a ounces LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk
8 oz. 8 oz. 8 oz. 8 oz. 8 oz, –
:v,6128l00 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following:
Ground Meat=2x per week only
r
a i
ENO PATTERN: Morrison M.S. C-1 8 C-2 WEEK NUMBER: Cit of Azusa. _ - _
e...c.t Type sl Masi _-- 1e .A
Beeinning Dale.Endlne Dater aeginnine Dab.ancone Dales - `J((J1
�,1
7!12005 ti/3012006 ,.-
COLD PLATE MLN U for MENU CYCLE 2005-2006 L-1-.:
'officb.Use Onl
Cold Plate-a1 Cold'tate•02 Cold Plate-a2 Cold Pilo-ad Cord Mao-da
ISTRUCTIONS WOOS I.needs, Week 2.Weonesdar Week 3-Thursday Week 4•Monday r 3 Weak 5.WedneJar •
tnoicore vn.0 source ren--. Vtt c Fortified r .d
112<op serving Vitamin C fortified
sip.UM taco aemponerds. Chicken Rice Soup Apple Juice' Beef Barley Soup Pinapple Juice• $'i Potato Soup
uz cup serving 6 or ladle 4oz 6 oz.ladle 4oz 602,ladle
.AT or ALTERNATE Sliced Roast Beef Tuna Salad Chicken Salad SI.Nam&Cheese tea Tuna Salad
B ea.cooked adiwa portion 3oz.Beef 3oz.Tuna&egg 3oz.Chicken 2 112 oz Turkey Ham 300.Tuna 8 Egg
l:r pardon..aa ane food compo. ire scoop ri 8 scoop 1l2 or Cheese MI scoop
neat of alt extended entrees. 1 Mayonnaise 1 Mayonnaise 1 Mayonnaise
Indicau Brand name Si Udx.e 1 Mustard 1 Mustard 1 Mustard •
entree.
'ARGN or BREAD ALTERNATE see Bread see Bread see Broad see Bread see Breed •
Indicate portion else
French Roll Whole Grain Bread Whole Craig Bread Whale Grain Bread Whole Grain Bread
1 nal 2 sl 2 ate 2 slices 2 at.
lGETAB1EIFRUIT Potato Satada. Chick Pea Salad Lettuce&Tomato Garnish' Three Bean Salad Lettuce&Tomato Garnish
Two 1/20 scr einpe Vitamin A with Shredded carrots 2 Tbs. 112 C=68 scoop 1/2 c Congo 112 cyan scoop 1/2 c.=aa scoop
so„rr.ea must Be served CA 112 o=B8scoop 5 mgC
1 separate dere par weak. �_____--.._�_____-.______
rr a wan-^�. Green Salad wlTometo Wedge• Confetti Cabbege Slaw' Colestew a CantaloulBaMoneydaw• Confetti Slaw'
w vegetal..Is Vnamin 1/2 0=4oz.spoodle 1/2 c.=4 oz spoadle 314 c=6 oz scoop Cant swo
1/2 C 3/4 c.=#6 p •
1n 0110.100 B:dieate wile--” 25mge Hone 3/4 C 25mgC
Italian Dressing top
!o/vas/ALTERNATE
)RrrtLLO MARDARtNE or BOILER Trans fat free Margarine Trans fat free Margarine Trans tat free Margarine Trans tat tree Margarine Trans fat free Margarine
1 TSP 1 tsp. 1 tsp. 1 top. 1 tsp. 1 tsp.
issERr. Orange` Yellow Cake wl king I Seasonal Vanilla Pudding Seasonal Fruit
List malt food and component 1 ea.0 112 c 2x2" 1/2 a=1 ea (NG Trans Fat) (no orange) '
02 cep serving AIL Fruit e 1/2 cup No Orange 114 c 4oeSpoodle 1/2 cup m 1 each •
LK a ounces LF or NF Milk LF or NF Milk LF or NF Milk LF or NF MR LF or NF Milk
8 oz. 8 az. 8 oz. 8 Oz. 8 Oz.
Vit Co 30mg Total Ce 30mg
..62k03 NOTE.All menu choices have to be approved et least 6 weeks in advance.-When making Entree choices remember the following:
Ground Meat=2x per week only
0
4
•
Indicate Type of Meet
Beginning Dalt..Dalt. Ending Dittos Beginning Dates Ending Date _ "����-�t�:Y__.,�.,�;�..
711/2008 - 6/30/2009 ._. ..r ../_...._.�...._/....
r
DINNER MENU for MENU CYCLE 2008-2009 r/� -7 P.
For AAA ice te ll..r i./,,.`.....__.A�
INSTRUCTIONS week 1 Week 2 Week 3 Week 4 Week 6 Week 6 Week 7
Mime vd.0 source with-•". Vitamin C fortified
1/2 oup serving Orange Juice`-4 oz Orange Juice" Orange Juice'4 oz Orange Juice 4 oz
Soup.List food components.
112 cup serving
MEAT or ALTERNATE A:Chicken w/Ginger Sauce A:Roast Beef Au Jus A:Sliced Ham w/Pineapple A:Meatloaf A:Chicken Cacciatori A:Sweet&Sour Meatballs A:Teriyake Pork Chop
3 ot.cooked edible portion 3 oz Chicken E.A. 3 oz Beef 3 oz Ham tNa 3 oz Beef 3 oz Chicken E.P. 3 oz gr.Beef E.P,6balls 3 oz Pork w/INS Soy Sc
List portion size and food compo. 1 oz Sauce 2 oz Pineapple Sauce 1 oz gravy 2 oz Sauce 2 oz sauce . 1 oz sauce
neat of all emended entrees. B:Beef Fajitas B:Veal Parmesean B:Cornish Hen B:Beef Tips . B:Turkey Divan B:Lasagna-1 c B:Roast Turkey
indicate brand name of frozen 3 02 Beef E.P. 3 oz veal/1/2 oz cheese Sherry Wine Sauce 3 oz Beef hoz spoodle 3 oz Turkey 3 oz Beef&Cheese(1oz) 3 02 Turkey
entree. 4 ozle 3 oz Cornish Hen E.P. 1 oz gravy 2 oz Sauce 1/2 c pasta 2#Swoop 1 oz Gravy
STARCH or BREAD ALTERNATE A:White Rice A:Baked Potato' Wild Rice A: Mashed Potatoes Noodles Pilaf A:: White Rice A:Rice 1/2 c=#8 scoop
Indicate portion size 1/2 C.#8 Scoop 1 ea=1/2 26mgc 112 c=#8 scoop 1/2 c=#8 scoop 1/2 c=4 oz spoodle 1/2 c=#8 scoop
B; Spanish Rice Sour Cream&Choves B: Noodles B: Pasta in Entree B:Bread Dressing
1/2 c=#B Scoop B:Linguini 1/2 a 1/2 c=4 oz spoodle (red peppers 8 green unions) 112 a 1/2 c#8 scoop
A:Dinner R oil-1 ea Wheat Roll 1 ea A:Cornbread 1 sq(2"x2") Onion Roll Country Biscuit(No Trans Fat) Garlic Bread Potato Roll
B: Flour Tortilla-1 ea (No Trans fat) 1 ea 1 ea 1 sl 1 ea
B.Dinner Roll lea
VEGETABLEIFRUIT Fajita Vegetables(bell A:Peas&Carrot■"'"TmgC Parsiled Carrots"` Peas&Mushrooms Green Beans w/Almonds Broccoli Spears` B:Zucchini
Two 1120 carvings Vitamin A Pepper,onions,tomato) 1/2 c.=4 oz spoodle 1/2 c=4 oz spoodle 1/2 c.=4 oz spoodle 1/2 c=4 oz spoodle 3/4 c 4oz spoodle 1/2 c=4 oz spoodle
sources must be served on 1/2 C B:Zucchini/Red Peppers" A Baby Carrots
3 separate days per week, 4ozs Oodie ____....1/2 c=4 oz spoodle env 1/2.c=4 Oz spoodle
indicate with^•". Mixed Greens Mixed Green w/tomato. Coleslaw w/Pineapple' Green Salad wf chopped Spinach Salad"" Garden Salad w/Tomato Caesar Salad/Coutons
If fruit or vegetable is Vitamin 112 C.=4 0z,spoodle cucumber,red onion 1/2 c.=4 02 scoop egg 3/4 c 282A 1/2 c=4 pz spoodle 1/2 c=4 oz spoodle
A&C source indicate with 1/2 c=4 oz spoodle 1/2 c=4 oz spoodle Egg,Mushroom,Onions
Ranch Dressing 1 pkt French Dressing 1 pkt Ranch Dressing 1 pkt .,Vinegrette Dressind-1 tsp ,1000 I Dressing 1 Tsp French Dressing 1 pkt
C2 or other ALTERNATE
FORT.Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine Trans Fat Free Margarine
1TSP 1 tsp. 1 tsp. 1 tsp. 1 tsp. _1 tsp. 1 tsp. 1 tsp.
DESSERT: B:Flan w/Cararnela Sauce Peach Pie Ala Mode I P/A Upside Down Cake I Citrus Cup` Ice Cream Sundae Lime Sherbet German Choc.Cake I
List main food and component 1 ea=1/2 0 1)8 pie 1/4 c icecream 1 SI (2"x2") Orange&Grapefruit w/Chocolate Sauce 1/2 c 1 ea(252")
1/2 cup serving A:Orange Sherbet 1/2 c Alt.Fruit=1/2 cup Alt.Fruit=112 cup , 1/2 c=4 oz spoodle 1/2 c Rainbow Sherbet 1/2 C Ail.Fruit.112 cyup
MILK:8 ounces LF or NF Miik LF or NF Milk LF or NF Milk LF or NF Milk LF or NF Milk"` LF or NF Milk IF or NF Milk
8 oz. 8 o2. 8 oz. 8 oz. 8 oz. 140A • 8 oz. 8 oz.
Total Cm 30mg Total,A.422 RE
rev.8:28100 NOTE:All menu choices have to be approved at least 6 weeks in advance.-When making Entree choices remember the following:
Ground Meal=2x per week only High Sodium(Ham,Sausage=lx per week)-(Cheese=lx per week)
•
+ , , .>
ei4 $0,10‘
:i4447P
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY ,'''
VIA: F.M. DELACH, CITY MANAGER t4iPli i
DATE: JULY 7, 2009
SUBJECT: NOVELL SOFTWARE ANNUAL MAINTENANCE AND SUPPORT
AND LICENSING
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance
services.
2. It is recommended that the City Council approve the software maintenance support and
licensing from CDW-G, in the amount of $18,750.
BACKROUND
The City currently uses Novell products GroupWise, for e-mail, Netware as the operating
system on some servers and ZENworks for remote desktop management. The city needs
to retain software support and licensing from the vendor in order to limit any potential
down time and for product enhancements and updates to this software.
FISCAL IMPACT
Funding for requested purchase is budgeted for in the FY 2010 operating budget account
numbers 48499300006504 and 48499420006504 computer software licensing.
111/0
U
i *-
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY 9%
VIA: F.M. DELACH, CITY MANAGERS
DATE: JULY 7, 2009
SUBJECT: SIRSI LIBRARY COMPUTER SOFTWARE ANNUAL
MAINTENANCE AGREEMENT
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance services
and 2-523 section C, no competitive market.
2. It is recommended that the City Council approve the annual software maintenance and
support agreement from SIRSI Corporation, in the amount of$24,802.59.
BACKROUND
The Library currently uses SIRSI software to maintain bibliographic and inventory
control, circulation, demographic reporting and a web interface to the catalog on the
Intranet. The city needs to retain software support from the vendor in order to limit any
potential down time and for periodic product enhancements and upgrades to the software.
FISCAL IMPACT
Funding for requested purchase is budgeted for in the FY 2010 operating budget account
number 48499300006415 computer software support.
41P/14
o 4114k
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY C(\
VIA: F.M. DELACH, CITY MANAGER
DATE: JULY 7, 2009
SUBJECT: MATRIX SOFTWARE ANNUAL MAINTENANCE AND SUPPORT
AGREEMENT
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance services
and 2-523 section C, no competitive market.
2. It is recommended that the City Council approve the software maintenance and support
contract from Matrix Imaging, in the amount of$12,929.00.
BACKROUND
The City currently uses Matrix Imaging as the support vendor for its document
management system. The city needs to retain software support from the vendor in order
to provide for remote technical support via phone, limit any potential down time, and for
product enhancements and updates to this software.
FISCAL IMPACT
Funding for requested purchase is budgeted for in the FY 2010 operating budget account
48499300006415 computer software support.
fiD op, 0.F
401107
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY 'S
VIA: F.M. DELACH, CITY MANAGER ,/,,V
DATE: JULY 7, 2009
SUBJECT: MOTOROLA MOBILE COMPUTER DISPLAY SOFTWARE
MAINTENANCE AGREEMENT
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance with
Azusa Municipal Code Section 2-523 section B, computer software maintenance services
and 2-523 section C, no competitive market.
2. It is recommended that the City Council approve the software maintenance and support
agreement from Motorola Inc, in the amount of$22,840.00.
BACKROUND
The Police Department currently uses a wireless network for mobile communications
between its Dispatch center, L.A. County Sheriff and other Azusa P.D. field units. The
software used for this interface resides on a server in the Police Department. The city
needs to retain software support from the vendor in order to limit any potential down time
and for product enhancements and updates to this software.
FISCAL IMPACT
Funding for requested purchase is budgeted for in the FY 2010 operating budget account
48499410006415 computer software support.
Th404
US
JOINT CITY/AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR '
DATE: JULY 7, 2009
SUBJECT: REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE
CITY
RECOMMENDATION
It is recommended that the City Council/Agency Members approve Resolutions authorizing an
advance of$1,550,085 from the City's General Fund to the Redevelopment Agency, and authorize
execution of the Note.
BACKGROUND
Operating expenses for the Redevelopment Agency were approved in the 2009/10 Budget. To fund
these expenses with Redevelopment property tax increment revenues,it is necessary for the Agency
to enter into a debt instrument with the City. The Redevelopment Agency is governed by California
Redevelopment Law ("CRL"), and is primarily funded with property tax increment. Per the CRL,
tax increment can only be used to pay debt. In order to fund the Agency's 2009/10 budgeted
administrative expenses and transfers of$1,550,085,the Agency must establish these appropriations
as a debt. To do this,each year the Agency requests that the City advance the necessary funds to pay
for the Agency's general administration,in the form of a loan. This allows the Agency to receive a
like amount of additional tax increment revenues and periodically reimburse the City throughout the
year.
The loan amount indicated below reflects the Agency's Administrative Budget for Fiscal Year
2009/10. The new note detailed below is proposed to implement the Agency's 2009/10 budget:
Page 2 of 2
July 7, 2009
Honorable Chairperson and Agency Members
Redevelopment Agency Administration/Advance from the City
LOAN AMOUNT PROJECT INTEREST RATE TERM BORROW
FROM
$1,550,085 Merged Project- Variable based on LAIF 1 Year City General
Administration average monthly yields Fund
FISCAL IMPACT
This mechanism allows the Agency to fund its administrative operating expenses and align its cash
flow with actual tax increment receipts. The advance is paid off within the year it is incurred, and
the City's General Fund is able to earn additional interest revenues. The Agency's administrative
operating expenses and additional interest expense were adopted in the 2009/10 Budget on June 1,
2009.
Prepared by Roseanna J. Jara
KC:RI.1/cs
Attachments:
I. A Resolution of the Redevelopment Agency of the City of Azusa Requesting Loans from the City of Azusa for Purposes of the
Merged Redevelopment Project Area
2. A Resolution of the City Council of the City of Azusa Authorizing Loans for Purposes of the Merged Redevelopment Project Area
•
U:\W PROC\COR R ES PO\AGE N DA\oq-ioM ERGLN ITM.DOC
•
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN
FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA
WHEREAS,the Redevelopment Agency of the City of Azusa("Agency")is authorized to undertake certain actions
which are necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the
City of Azusa, for purposes of the Merged Redevelopment Project Area; and
WHEREAS,the Agency has incurred and will continue to incur obligations for such purpose; and
WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the
State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses;
NOW,THEREFORE,BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of
Azusa that:
Section 1. Pursuant to the provisions of said Section 33620,et.seq.,of the California State Health and Safety Code,the
Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa
for purposes of the Merged Redevelopment Project.
Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance
with the provisions of Section 33620,et. seq., of the Health and Safety Code.
Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Note(in the form
attached as Exhibit A)of the Agency containing the following terms,in addition to all usual and customary terms:
LOAN INT. BORROW PLEDGED REVENUE
AMOUNT PROJECT RATE TERM FROM SOURCES
$1,550,085 Administration Variable Based on LAIF Avg. 1 Year General Fund Tax Increment, Other
Monthly Yields
The loan listed herein is payable according to the terms of the Note. Payments will be made at least annually,and will be paid
in full on or before June 30,2010. The Note is payable from accumulated tax increment funds in excess of those pledged for
payment of Agency bonded indebtedness,and/or from any other funds available to the Agency from which such payment may
legally be made. The Note may be prepaid at any time without penalty.
Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute,on behalf
of the Agency,the Note to the City of Azusa in accordance with the provisions of Section 3 hereof.
Section 5. The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND ADOPTED this day of ,2009.
Chairperson
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of
Azusa at a regular meeting held on the day of ,2009.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
"EXHIBIT A"
PROMISSORY NOTE
MERGED REDEVELOPMENT PROJECT AREA
AZUSA, CALIFORNIA
JULY 1, 2009
For value received, the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and
politic("Agency"),promises to pay the CITY OF AZUSA,a municipal corporation and general law city organized
and existing under the laws of the State of California ("City"), the estimated sum of ONE MILLION FIVE
HUNDRED FIFTY THOUSAND EIGHTY-FIVE DOLLARS AND NO/100($1,550,085),revised as necessaryto
reflect actual expenditures,with interest thereon from the date of July 1,2009,at the average monthly variable rate
as determined by the State of California Local Agency Investment Fund, principal and interest payable at least
annually and due in full by June 30, 2010, as provided herein. This Note is a subordinate lien and is payable from
tax increment revenues in excess of those pledged for Agency bonded indebtedness and any other superior debt,
and/or payable from any other resources available to the Agency from which such payment may legally be made,
allocated to and received by the Agency for the Merged Redevelopment Project Area.The term of the note shall be
one (1) year, due in full by June 30, 2010, unless extended by mutual consent of both parties.
This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged
Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the
provisions of the California Health and Safety Code. The Agency is authorized, with the consent of the Board of
Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan
which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area.
The City Council has authorized the loan for purposes of funding incurred administrative obligations. This note is
issued under the authority and pursuant to the Community Redevelopment Law,commencing with Section 33600 of
the Health and Safety Code of the State of California, as amended.
Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease
upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance.
In event of default in payment of any amount as herein provided, then the entire amount shall become due at the
option of the City of Azusa. Principal and interest shall be payable in lawful money of the United States at Azusa,
California. Demand, presentment for payment, protest and notice of protest are hereby waived.
REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA
By:
Chairperson
ADMINISTRATION
U:\W PROC\CORRESPO\AGENDA\0o-I OM ERGLNRESO.DOC
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR
PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of Azusa("Agency")is undertaking certain actions which are
necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the City of Azusa;
and
WHEREAS, the Agency has incurred and will continue to incur obligations for such purpose; and
WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the
State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa that:
Section 1. Pursuant to the provisions of said Section 33620,et.seq.,of the Health and Safety Code,the City Council
hereby authorizes to the Redevelopment Agency of the City of Azusa the following loan for the Merged Redevelopment Project.
Section 2. The Agency shall accept and administer any funds loaned to it pursuant to this request in accordance with
the provisions of Section 33620, et. seq., of the Health and Safety Code.
Section 3. Such loan shall be evidenced by a Note of the Agency containing the following terms, in addition to all
usual and customary terms:
LOAN INT. BORROW PLEDGED REVENUE
AMOUNT RATE TERM FROM SOURCES
$1,550,085 Variable Based on LAIF Avg. 1 Year City's General Tax Increment,Other
Monthly Yields Fund
The loan listed herein is payable according to the terms of the Note. Payments will be made at least annually,and will be paid
in full on or before June 30,2010. The Note is payable from accumulated tax increment funds in excess of those pledged for
payment of Agency bonded indebtedness,and/or from any other funds available to the Agency from which such payment may
legally be made. The Note may be prepaid at any time without penalty.
Section 4. The City Council of the City of Azusa is hereby authorized and directed to accept,on behalf of the Agency,
the Note to the City of Azusa in accordance with the provision of Section 3 hereof.
Section 5. The City Clerk shall certify the adoption of this Resolution.
PASSED AND ADOPTED this day of , 2009.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof,
held on the day of , 2009.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
u 410-1
AZUSA'
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: KURT CHRISTIANSEN,ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F.M.DELACH,EXECUTIVE DIRECTOR �y����
DATE: JULY 7,2009
SUBJECT: PURCHASE AGREEMENT FOR THE ACQUISITION OF THE REAL PROPERTY
LOCATED AT 830 N.AZUSA AVENUE
RECOMMENDATION
It is recommended that the Agency Board adopt a resolution approving the Purchase and Sale Agreement
for the acquisition of the property located at 830 N.Azusa Avenue,commonly known as Los Angeles
County Assessor's Parcel No.8608-025-013.
BACKGROUND
On January 5,2009,the Agency Board adopted a Resolution of Necessity authorizing the use of Eminent
Domain to acquire the vacant non-residential property located at 830 N. Azusa Avenue for
Redevelopment purposes. The Redevelopment Agency of the City of Azusa("Agency")entered into an
Exclusive Negotiation Agreement("ENA")with Lewis Investment Company,LLC ("Developer")on
February 18,2009 for the development of the"Downtown North"project area. The proposed acquisition
is within the Downtown North Project boundaries.
The parcel of real property located at 830 N. Azusa Avenue in Azusa is situated within the Central
Business District Redevelopment Area.Assemblage of this parcel with adjoining parcels could produce a
single parcel available for the proposed Downtown North project. The Downtown North development site
includes an area east of Azusa Avenue, north of Foothill Boulevard, south of 9th Street and Dalton
Avenue. The site currently includes a variety of amortized uses and older buildings in need of
reinvestment.The Site consists of Agency-owned land,light industrial,and underutilized commercial
properties.
Redevelopment of these properties for a commercial retail project will assist the Agency in its goal to
revitalize the Merged Central Business District and West End Redevelopment Projects("Project Area"),
and improve the area with the construction of new commercial stores and/or mixed uses which will help to
revitalize the Central Business District and assist the City in revitalizing the downtown to be a transit
The Honorable Chairman and Members of the Agency Board
Subject:Acquisition of 830 North AzuJsa Avenue
July 7,2009
Page 2 of 2
village that is prosperous,walkable,healthy and economically viable.
At the request of the Agency,R.P Laurain&Associates appraised the property on May 23,2008,and the
appraised value was determined to be$130,000. Agency staff made a formal Offer to Purchase for the
appraised value of the property. After several months of negotiations,the owner,Donna Marie Matson,
trustee of Donna M.Matson Trust,(`Seller")of the subject property,has accepted the Agency's offer to
purchase for a purchase price of$180,000(Exhibit A-Purchase Agreement).
The purchase price includes,without limitation,full payment of just compensation and any relocation
benefits,leasehold interest,goodwill,furniture,fixtures and equipment,attorneys'fees,costs,interest,and
damages in complete settlement of all claims(known and unknown),causes of action and demands of
Seller against the Buyer because of Buyer's purchase of the Property, and for any and all claims in
complete settlement of all claims(known and unknown)arising from or relating to the purchase and sale
of the property.
Agency staff believes that acquisition by the Agency of the property located at 830 N.Azusa Avenue for
assemblage and redevelopment is a public use,that the property located at 830 N. Azusa Avenue is
necessary for such redevelopment and/or assemblage and that the assemblage project is designed in a
manner consistent with the greatest public good and least private injury.
The rights and interest of the purchase agreement is assigned to the Redevelopment Agency of the City of
Azusa("Buyer"). Therefore,the Agency will take the lead on the acquisition of the property.
FISCAL IMPACT
The total cost for this acquisition is approximately$190,000 including land acquisition,escrow(title
report,etc)and legal costs. This acquisition is budgeted in the approved FY 2009/10 budget.
Attachments:
Exhibit A—Purchase Agreement
Exhibit B—Resolution
EXHIBIT B
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE
AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 830 N.
AZUSA AVNUE WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
THE REDEVELOPMENT AGENCY OF THE CfTY OF AZUSA DOES RESOLVE AS FOLLOWS:
SEC7_IONJ. The Redevelopment Agency("Agency")of the City of Azusa does hereby find,determine and
declare as follows:
A The Agency has received an offer to purchase certain improved real property generally located at 830
N.Azusa Avenue("Property");
B. The Property is located in the Agency's Merged Central Business District and West End Redevelopment
Project Area(the"Project Area")under the Redevelopment Plan of the City of Azusa;
C. The Agency desires to purchase the Property on the terms and conditions set forth in the Purchase
Agreement;
D. The Agency is authorized to acquire the Property for purposes of redevelopment pursuant to Section
33391 of the Community Redevelopment law(Health&Safety Code§33000,et seq);
E The acquisition of the Property will further the health,safety and general welfare of the residents of
Azusa;
F. This agreement pertains to and affects the ability of the Agency to finance its activities and carry out its
statutory obligations and the goals of the Redevelopment Plan. It is intended to be a contract within the meaning of
Government Code§53511;and
G. In taking this action,the Agency has determined that the acquisition of the property is not a"project"
under the provisions of the California Environmental Quality Act,the California Environmental Quality Act Guidelines
(Title 14 C.C.R.§15004)and the City of Azusa's environmental procedures.
SECTION z. Based on all of the foregoing,the Redevelopment Agency of the City of Azusa hereby approves
that certain Purchase Agreement for the purchase of property generally located at 83o N.Azusa Avenue in
substantially the same form as the agreement attached hereto as Exhibit"B"and incorporated herein by reference.
The Agency further authorizes the Chairperson of the Agency to execute said agreement in substantially the same
form as depicted on Exhibit"B".
SECTION i.A copy of the Purchase Agreement,executed by the Chairperson and the Seller of the Property
shall be kept on file at City Hall.Staff is directed to do all that is necessary to effectuate the intent of the Agreement
and consummate the purchase of the Property.
SECI7ON a.The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND APPROVED this day of ,2009.
Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly passed,approved,and adopted by the Board of
nh',-en.c of hhu Ruilu..=Innmun�Aeun,'..of Fh rH,,of A„,ca aha a,.l�,-mmHnv of caiA Rn.r.l hull nn♦I.o
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
By and between
Seller,
Donna Marie Matson, trustee of Donna M. Matson Trust
and
Buyer,
The Redevelopment Agency of the City of Azusa,
a public body, corporate and politic
Dated as of July 7,2009 for reference purposes only
SDPUBUSUNG\381g84 4
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS 2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS (this "Agreement") is dated as of July 8, 2009, for reference
purposes only, and is entered into by and between the Redevelopment Agency of the City of
Azusa,a public body,corporate and politic,exercising governmental functions and powers,and
organized and existing pursuant to the Community Redevelopment Law of the State of
California("CRL"),Health and Safety Code Sections 33000,et seq. (the"Agency"),and Donna
Marie Matson,trustee of Donna M. Matson Trust("Seller"). The Agency and Seller enter into
this Agreement with reference to the following recited facts(each a"Recital"):
RECITALS
A. Seller is the owner in fee of certain real property located in the City of Azusa,
County of Los Angeles, State of California commonly known as 830 North Azusa Avenue,
Azusa,CA 91702(Assessor Parcel Number 8608-025-013),more fully described in Exhibit"A"
attached hereto and incorporated herein by reference("Property"). The term"Property"as used
herein shall include all of Seller's rights,title and interest in and to any and all improvements,
fixtures,rights-of-way,utility rights,entitlements,claims or other benefits in any way connected
with or appurtenant to the Property.
B. The Property is located within the Merged Central Business District and West
End Redevelopment Project Area("Project Area")and governed by the Merged Central Business
District and West End Redevelopment Plan for the Merged Central Business District and West
End Project Area("Redevelopment Plan").This action for land assembly is in accordance with
California Redevelopment Law and is consistent with the redevelopment objectives contained in
the Redevelopment Plan.
C. The Agency filed an eminent domain action entitled: Redevelopment Agency of
the City of Azusa v Donna Marie Matson, et al Los Angeles Superior Court Case No. BC
405989 (the "Eminent Domain Action"), to acquire the Property, but held off service of the
complaint on Seller,in an attempt to give the parties the opportunity to negotiate a purchase of
the Property without the need for litigation. Upon execution of this Agreement by the parties,
the Agency shall dismiss the Eminent Domain Action.
D. Agency desires to purchase the Property from Seller and Seller desires to sell the
Property to Agency.
NOW,THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES AND COVENANTS OF THE AGENCY AND SELLER SET FORTH IN THIS
AGREEMENT,THE AGENCY AND SELLER AGREE,AS FOLLOWS:
SDPUBUJUNGl381884 4 1
ARTICLE 1
DEFINITIONS
1.1 Defined Terms. The following words, terms and phrases are used in this
Agreement with the following meanings,unless the particular context of usage of a word,term
or phrase requires another interpretation:
1.1.1 "Agency"means the Redevelopment Agency of the City of Azusa, a
public body,corporate and politic.
1.1.2 "Agency Parties"means,collectively,the Agency,its governing body,
elected officials,employees,agents and attorneys.
1.1.3 "Agency Party"means,individually,the Agency, its governing body,
elected officials,employees,agents or attorneys..
1.1.4 "Benefits" shall have the meaning ascribed to the term in Section
2.9..1.
1.1.5 "CEQA" means the California Environmental Quality Act, Public
Resources Code Sections 21000,et seq.
1.1.6 "CEQA Document" means any applicable exemption determination,
any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report
(including any addendum or amendment to, or subsequent or supplemental Environmental
Impact Report) required or permitted by the Agency, pursuant to CEQA, to approve this
Agreement.
1.1.7 "City"means the City of Azusa,California.
1.1.8 "Claim"means any claim,loss,cost, damage, expense, liability, lien,
action,cause of action(whether in tort, contract,under statute, at law, in equity or otherwise),
charge,award,assessment,fine or penalty of any kind(including consultant and expert fees and
expenses, Legal Costs of counsel retained by the Agency Parties, costs of staff time and
investigation costs of whatever kind or nature), and any judgment, including any such matter
relating to or arising from: (i)injury to any Person(including death at any time resulting from
that injury);(ii)loss of,injury or damage to,or destruction of property(including all loss of use
resulting from that loss, injury, damage, or destruction) regardless of where located, including
the property of the Agency Parties; (iii) any matter described in Section 5.14 (Real Estate
Commissions); (iv)any Environmental Claim; or(v) enforcement of any indemnity obligation
under this Agreement.
1.1.9 "Close of Escrow"means completion of each of the actions set forth in
Section 3.7 by the Escrow Agent for the conveyance of the Property from Seller to the Agency
through the Escrow.
1.1.10 "County"means the County of Los Angeles,California.
SDPUBVTUNGl381884 4 2
1.1.11 "Default"means any Monetary Default or Non-Monetary Default,
1,1.12 "Default Interest"means interest at an annual rate equal to the lesser
of: (i)ten percent(10%)per annum;or(ii)the Usury Limit.
1.1.13 "Due Diligence Completion Notice" means a written Notice of the
Agency delivered to both Seller and the Escrow Agent,prior to the end of the Due Diligence
Period, stating the Agency's acceptance of the condition of the Property or indicating the
Agency's rejection or conditional acceptance of the condition of the Property and refusal to
accept a conveyance of the Property,describing in reasonable detail the actions that the Agency
reasonably believes are necessary (if any) to allow the Agency to accept the condition of the
Property and conveyance of the Property.
1.1.14 "Due Diligence Investigations" means the Agency's due diligence
investigations of the Property to determine the suitability of the Property, including, without
limitation, investigations of the environmental and geotechnical conditions of the Property, as
deemed appropriate in the reasonable discretion of the Agency,all at the sole cost and expense of
the Agency,except as otherwise specifically provided in this Agreement.
1.1.15 "Due Diligence Period"means the forty five(45)calendar day period
commencing on the day immediately following the Effective Date and ending at 5:00 p.m Pacific
Time on the forty fifth(45th)consecutive calendar day thereafter.
1.1.16 "Effective Date" means the first date on which all of the following
have occurred: (i)the Agency has received three (3) counterpart originals of this Agreement
executed by the authorized representative(s) of Seller; (ii)the Agency has received a certified
copy of the Seller Official Action executed by the authorized representative(s)of Seller;(iii)this
Agreement is approved by the Agency governing body; (iv)this Agreement is executed by the
authorized representative(s) of the Agency and(v)one(1)original of this Agreement executed
by the authorized representative(s)of the Agency has been delivered by the Agency to Seller.
1.1,17 "Eminent Domain Action" means the lawsuit filed by the Agency in
Los Angeles Superior Court to acquire the Property by eminent domain,entitled:Redevelopment
Agency of the City of Azusa v.Donna Marie Matson, et al. Los Angeles Superior Court Case No.
BC 405989
1..1,18 "Environmental Claims"means any and all claims,demands,damages,
losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits,
proceedings, costs, disbursements and expenses, including Legal Costs and fees and costs of
environmental consultants and other experts, and all foreseeable and unforeseeable damages or
costs of any kind or of any nature whatsoever, directly or indirectly,relating to or arising from
any actual or alleged violation of any Environmental Law or any Hazardous Substance Discharge
occurring during or arising from Seller's ownership, use or occupancy of the Property or any
other actions of or attributable to Seller regarding the Property.
1.1.19 "Environmental Law"means any Law regarding any of the following
at, in, under, above, or upon the Property: (i) air, environmental, ground water, or soil
SDPUBUJUNG1381884 4 3
conditions;or(ii)clean-up,remediation,control,disposal,generation,storage,release,discharge,
transportation,use of,or liability or standards of conduct concerning,Hazardous Substances.
1,.1.20 "Escrow"means an escrow,as defined in Civil Code Section 1057 and
Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the
conveyance of the Property from Seller to the Agency,pursuant to this Agreement.
1.1.21 "Escrow Agent"means Enid Tobias with Lawyers Title,or such other
Person mutually agreed upon in writing by both the Agency and Seller in writing.
1.1.22 "Escrow Agent Consent"means the Escrow Agent's consent to acting
as Escrow Agent under this Agreement,in substantially the form of Exhibit"C"attached to this
Agreement.
1.1,23 "Escrow Closing Date"means the earlier of: (i)on or before the fifth
(5th) business day following the Escrow Agent's receipt of written confirmation from both the
Agency and Seller of the satisfaction or waiver of all conditions precedent to the Close of Escrow
or(ii)the sixtieth day(60th)day following the conclusion of the Due Diligence Period.
1.1.24 "Escrow Opening Date"means the first date on which a fully executed
copy of this Agreement is deposited with the Escrow Agent.
1.1.25 "Event of Default" means the occurrence of any one or more of the
following:
(a) Monetary Default. A Monetary Default that continues for
seven (7) days after Notice from the non-defaulting Party, specifying in reasonable detail the
amount of money not paid and the nature and calculation of each such payment;or
(b) Non-Monetary Default Any Non-Monetary Default that is not
cured within thirty (30) days after Notice to the Party alleged to be in Default describing the
Non-Monetary Default in reasonable detail, or, in the case of a Non-Monetary Default that
cannot with reasonable diligence be cured within thirty(30)days after such Notice,if the Party
alleged to be in Default does not do all of the following: (i)within thirty(30)days after Notice
of such Non-Monetary Default,advise the other Party of the intention of the Party alleged to be
in Default to take all reasonable steps to cure such Non-Monetary Default; (ii) duly commence
such cure within such period, and then diligently prosecute such cure to completion; and (iii)
complete such cure within a reasonable time under the circumstances.
1.1.26 "Executive Director"means the Executive Director of the Agency or
his or her designee or successor in function.
1.1.27 "Federal"means the government of the United States of America,
1.1.28 "Final" means, relative to any CEQA Document, when all
administrative appeal periods regarding such matter have expired, all administrative appeals or
challenges regarding such matter (if any) have been resolved to the Agency's reasonable
satisfaction, all statutory periods for challenging such matter have expired, all referendum
SDPUBUJUNG1381884 4 4
periods have expired, all referenda regarding such matter (if any) have been resolved to the
Agency's reasonable satisfaction,all litigation or other proceedings(if any)challenging any such
matter have been resolved to the reasonable satisfaction of the Agency and all appeal periods
relating to any such litigation or other proceedings have expired.
1.1.29 "FIRPTA Certificate"means a certification that Seller is not a"foreign
person" within the meaning of such term under Section 1445 of the United States Internal
Revenue Code, as amended from time to time, and sufficient to exempt the Agency from the
obligation to withhold any funds from Seller pursuant to Section 1445 of the United States
Internal Revenue Code,as amended from time to time.
1.1.30 "Form 593" means a California Franchise Tax Board Form 593-C or
successor form.
1.1.31 "Government"means each and every governmental agency,authority,
bureau, department, quasi-governmental body, or other entity or instrumentality having or
claiming jurisdiction over the Property (or any activity this Agreement allows), including the
United States government, the State and County governments and their subdivisions and
municipalities, the City and all other applicable governmental agencies, authorities, and
subdivisions thereof. "Government" shall also include any planning commission, board of
standards and appeals, department of buildings, city council, zoning board of appeals, design
review board or committee or similar body having or claiming jurisdiction over the Property or
any activities on or at the Property.
1.1.32 "Grant Deed"means a grant deed in substantially the form of Exhibit
"D"attached to this Agreement.
1.1.33 "Hazardous Substance" means flammable substances, explosives,
radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls,
chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants,hazardous
wastes, medical wastes,toxic substances or related materials, explosives,petroleum, petroleum
products and any"hazardous"or"toxic"material,substance or waste that is defined by those or
similar terms or is regulated as such under any Law,including any material,substance or waste
that is: (i)defined as a"hazardous substance"under Section 311 of the Water Pollution Control
Act (33 U.S.C. § 1317), as amended; (ii) substances designated as "hazardous substances"
pursuant to 33 U.S.C. § 1321; (iii) defined as a"hazardous waste"under Section 1004 of the
Resource Conservation and Recovery Act of 1976,42 U.S.C. § 6901,et seq., as amended; (iv)
defined as a "hazardous substance" or "hazardous waste" under Section 101 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,as amended
by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called
"superfund"or"superlien"law;(v)defined as a"pollutant"or"contaminant"under 42 U.S.C.A.
§ 9601(33); (vi) defined as "hazardous waste" under 40 C.F.R. Part 260; (vii) defined as a
"hazardous chemical" under 29 C.F.R. Part 1910; (viii) any matter within the definition of
"hazardous substance" set forth in 15 U.S.C. § 1262; (ix) any matter, waste or substance
regulated under the Toxic Substances Control Act("TSCA")[15 U.S.C.Sections 2601,et seq.];
(x) any matter,waste or substance regulated under the Hazardous Materials Transportation Act,
49 U.S.C.Sections 1801,et seq.; (xi)those substances listed in the United States Department of
SDPUBUJUNG\381884 4 5
Transportation (DOT)Table [49 CFR 172.101];(xii)any matter,waste or substances designated
by the EPA,or any successor authority,as a hazardous substance [40 CFR Part 302]; (xiii)any
matter, waste or substances defined as "hazardous waste" in Section 25117 of the California
Health and Safety Code; (xiv) any substance defined as a "hazardous substance" in Section
25316 of the California Health and Safety Code; (xv) any matter, waste, or substance that is
subject to any other Law regulating,relating to or imposing obligations,liability or standards of
conduct concerning protection of human health,plant life,animal life,natural resources,property
or the enjoyment of life or property free from the presence in the environment of any solid,
liquid, gas, odor or any form of energy from whatever source; or (xvi) other substances,
materials,and wastes that are,or become,regulated or classified as hazardous or toxic under Law
or in the regulations adopted pursuant to said Law,including manure, asbestos,polychlorinated
biphenyl,flammable explosives and radioactive material.
L1,34 "Hazardous Substance Discharge" means any deposit, discharge,
generation, release,or spill of a Hazardous Substance that occurs at on,under,into or from the
Property, or during transportation of any Hazardous Substance to or from the Property, or any
activities conducted at on,under or from the Property or any adjacent or nearby real property,or
resulting from seepage, leakage, or other transmission of Hazardous Substances from other real
property to the Property,whether or not caused by a Party or whether occurring before or after
the Effective Date.
1.1.35 "Indemnify"means, where this Agreement states that any Indemnitor
shall "indemnify" any Indemnitee from, against, or for a particular Claim, that the Indemnitor
shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against
such Claim(alleged or otherwise). "Indemnified"shall have the correlative meaning.
1.1.36 "Indemnitee"means any Person entitled to be Indemnified under the
terms of this Agreement.
1.1.37 "Indemnitor" means a Person that agrees to Indemnify any other
Person under the terms of this Agreement.
1..1.38 "Law"means every law, ordinance,requirement, order,proclamation,
directive, rule, and regulation of any Government applicable to the Property, in any way,
including any development, use, maintenance, taxation, operation, or occupancy of, or
environmental conditions affecting the Property,or relating to any taxes,or otherwise relating to
this Agreement or any Party's rights or remedies under this Agreement,or any transfer of any of
the foregoing,whether in force on the Effective Date or passed,enacted,modified,amended or
imposed at some later time,subject in all cases,however,to any applicable waiver,variance,or
exemption.
1.1.39 "Legal Costs"of any Person means all reasonable costs and expenses
such Person incurs in any legal proceeding(or other matter for which such Person is entitled to
be reimbursed for its Legal Costs),including reasonable attorneys'fees,court costs and expenses
and consultant and expert witness fees and expenses.
SDPUBUWUNG\381 8B4 4 6
1.1.40 "Monetary Default" means any failure by either Party to pay or
deposit, when and as this Agreement requires, any amount of money, any bond or surety or
evidence of any insurance coverage required to be provided under this Agreement,whether to or
with a Party or a third-Person.
1.1.41 "Non-Monetary Default" means the occurrence of any of the
following, except to the extent constituting a Monetary Default: (i) any failure of a Party to
perform any of its obligations under this Agreement; (ii)a Party's failure to comply with any
material restriction or prohibition in this Agreement;or(iii)any other event or circumstance that,
with passage of time or giving of Notice, or both,or neither,would constitute a breach of this
Agreement.
1.1.42 "Notice"means any consent,demand,designation, election,notice,or
request relating to this Agreement, including any Notice of Default. All Notices must be in
writing.
1.1.43 "Notice of Default"means any Notice claiming or giving Notice of a
Default.
1.1.44 "Notify"means give a Notice.
1.1,45 "Parties"means,collectively,the Agency and Seller.
1.1.46 "Party"means,individually,either the Agency or Seller,as applicable.
1.1.47 "PCO Report" means a preliminary change of ownership report
required under California Revenue and Taxation Code Section 480.3.
1.1.48 "Permitted Exceptions"means(i)any and all items shown in Schedule
B of the Preliminary Report,as exceptions to coverage under the proposed Title Policy,that the
Agency does not disapprove,conditionally approve,or that are otherwise accepted or consented
to by the Agency; (ii) any exceptions from coverage under the proposed Title Policy resulting
from the Agency's activities relating to the Property;(iii)any lien for non-delinquent property
taxes or assessments;(iv)any Laws applicable to the Property;(v)the Redevelopment Plan;(vi)
this Agreement;and(vii)any other matter expressly provided for in this Agreement,
1.1.49 "Person" means any association, corporation, governmental entity or
agency, individual,joint venture,joint-stock company, limited liability company, partnership,
trust,unincorporated organization,or other entity of any kind.
1.1.50 "Preliminary Report" means a preliminary report issued by the Title
Company in contemplation of the issuance of the Title Policy, accompanied by copies of all
documents listed in Schedule B of the report,as exceptions to coverage under the proposed Title
Policy.
1.1.51 "Project Area"means the Merged Central Business District and West
End Redevelopment Project Area within the City.
SDPUBUJUNG138I884 4 7
1.1.52 "Property"means that certain real property commonly known as 830
N.Azusa Ave.,Azusa,CA 91702,more specifically legally described in Exhibit"A"attached to
this Agreement, including all appurtenant rights and interests. The parcel to be acquired is
approximately 3,500 square feet of vacant land.
1.1.53 "Purchase Price" means the amount of one hundred eighty thousand
dollars and no cents($180,000.00),
1.1.54 "Real Estate Taxes" means all general and special real estate taxes
(including taxes on personal property, sales taxes,use taxes, and the like), possessory interest
taxes,taxes payable pursuant to California Health and Safety Code Section 33673,special taxes
imposed pursuant to the Mello-Roos Community Facilities District Act,assessments,assessment
district charges or taxes, municipal water and sewer rents,rates and charges, excises, levies,
license and permit fees,fines,penalties and other Governmental charges and any interest or costs
with respect thereto,general and special,ordinary and extraordinary,foreseen and unforeseen,of
any kind and nature whatsoever that at any time before the Close of Escrow and applicable to
any time period prior to the Close of Escrow may be assessed,levied,imposed upon,or become
due and payable out of or in respect of, or charged with respect to or become a lien on, the
Property, or any vault, passageway or space in, over or under any street, or any other
appurtenances of the Property, or any personal property or facility used in the operation of the
Property, or the rent or income received from the Property, or any use or occupancy of the
Property.
1.1.55 "Record," "recorded," "recording" or "recordation" each mean
recordation of the referenced document in the official records of the County.
1.1.56 "Redevelopment Plan" means the Merged Central Business District
and West End Redevelopment Plan for the City of Azusa,California, as amended from time to
time.
1.1.57 "Seller" means Donna Marie Matson, trustee of Donna M. Matson
Trust,or its assignee.
1.1 58 "Seller Official Action"means the official action of Seller authorizing
Seller's entry into and performance of this Agreement,in substantially the form of Exhibit"B"
attached to this Agreement,executed by the authorized representative(s)of Seller.
1.1.59 "Seller Parties"means, collectively,the directors, officers, employees
and agents of Seller.
1.I.60 "Seller Party" means, individually,the directors, officers, employees
or agents of Seller.
1,1.61 "State"means the State of California.
1.1.62 "Title Company"means Lawyers Title,a division of Fidelity Financial
Inc, or such other title insurance company mutually agreed upon between both the Agency and
Seller in writing.
SDPUBUJUNG1381884 4 8
1.1.63 "Title Notice"means a written Notice from the Agency to both Seller
and the Escrow Agent indicating the Agency's acceptance of the state of the title to the Property,
as described in the Preliminary Report and the Survey, or the Agency's disapproval or
conditional approval of specific matters shown in: (i) Schedule B of the Preliminary Report,as
exceptions to coverage under the proposed Title Policy, or (ii) in the Survey, describing in
suitable detail the actions that the Agency reasonably believes are necessary to obtain the
Agency's approval of the state of the title to the Property.
1.1.64 "Title Notice Response" means the written response of Seller to the
Agency's Title Notice, in which Seller elects to either: (i) cause the removal from the
Preliminary Report or the Survey of any matter disapproved in the Agency's Title Notice, (ii)
obtain title or other insurance in a form reasonably satisfactory to the Agency insuring against
the effects of any matters disapproved or conditionally approved in the Agency's Title Notice,
(iii)otherwise satisfy the Agency regarding any matter disapproved or conditionally approved in
the Agency's Title Notice,or(iv)not take any action described in either(i),(ii)or(iii).
1.1.65 "Title Notice Waiver"means a written Notice from the Agency to both
Seller and the Escrow Agent waiving the Agency's previous disapproval or conditional approval
in the Agency's Title Notice of specific matters shown in: (i) Schedule B of the Preliminary
Report,as exceptions to coverage under the proposed Title Policy,or(ii)the Survey,that Seller
has not agreed to address to the Agency's reasonable satisfaction in the Title Notice Response.
1.1.66 "Title Policy" means an extended coverage owner's policy of title
insurance issued by the Title Company,with coverage in the amount of the Purchase Price and
insuring title to the Property vested in the Agency,subject to only the Permitted Exceptions.
1.1.67 "Unavoidable Delay" means a delay in either Party performing any
obligation under this Agreement, except payment of money,arising from or on account of any
cause whatsoever beyond the Party's reasonable control,despite such Party's reasonable diligent
efforts, including industry-wide strikes, labor troubles or other union activities (but only to the
extent such actions do not result from an act or omission of the Party), casualty, war, acts of
terrorism, riots, litigation, Government action or refusal to act when or as required by Law or
inability to obtain materials, Unavoidable Delay shall not include delay caused by a Party's
financial condition,illiquidity,or insolvency.
1.1.68 "Usury Limit" means the highest rate of interest, if any, that Law
allows under the circumstances.
ARTICLE 2
CONVEYANCE OF PROPERTY
2.1 Escrow. Seller shall sell and convey fee title to the Property to the Agency and
the Agency shall purchase and acquire fee title to the Property from Seller,pursuant to the terms
and conditions of this Agreement. For the purposes of exchanging funds and documents to effect
such purchase and sale of the Property between them,the Agency and Seller agree to open the
Escrow with the Escrow Agent. The provisions of ARTICLE 3 of this Agreement are the joint
SDPUBWUNG1381884 4 9
escrow instructions of the Parties to the Escrow Agent for conducting the Escrow. If requested
by the Escrow Agent, Seller and the Agency shall execute the Escrow Agent's reasonable
standard or general escrow instructions, Any provision in the Escrow Agent's standard or
general escrow instructions that purports to exculpate the Escrow Agent from or require Seller or
the Agency to indemnify the Escrow Agent against the Escrow Agent's negligence or willful
misconduct shall be deemed"unreasonable"and shall not be included in any standard or general
escrow instructions requested by the Escrow Agent. In the event of any conflict between the
provisions of this Agreement and any standard or general escrow instructions requested by the
Escrow Agent,the provisions of this Agreement shall be controlling.
2.2 Seller's Disclosure Documents. Seller shall complete an A.I.R. Property
Information Sheet and Seller's Mandatory Disclosure Report, as required by California Law.
Said documents shall be delivered to the Agency within the first ten(10)days of Agency's Due
Diligence Period.
2.3 Agency Deposit. Upon the Effective Date of this Agreement, Agency shall
deposit twenty thousand($20,000)into Escrow which shall be applicable to the Purchase Price
but refundable to the Agency at any time prior to the expiration of the Due Diligence Period.
After the expiration of the Due Diligence Period,the foregoing deposit shall be non-refundable
to the Agency, except in the event of a Default by Seller. Escrow shall deposit Agency's funds
into an FDIC insured interest bearing account for the Agency's benefit
2.4 Payment of Purchase Price. The Agency shall deposit the Purchase Price into
Escrow in immediately available funds on or prior to the Escrow Closing Date.
2.5 Title Approval.
2.5.1 Title Notice. Within fifteen(15)days after the Escrow Opening Date,
Seller shall obtain the Preliminary Report from the Title Company, and deliver a copy of the
Preliminary Report to the Agency. Within thirty(30)days following the Agency's receipt of the
Preliminary Report, the Agency shall deliver the Title Notice to both Seller and the Escrow
Agent,
2.5.2 Failure to Deliver Title Notice. If the Agency fails to deliver the Title
Notice to Seller and the Escrow Agent,within thirty(30)days following the Agency's receipt of
the Preliminary Report, the Agency will be deemed to disapprove the status of title to the
Property and refuse to accept conveyance of the Property and both the Agency and Seller shall
have the right to cancel the Escrow and terminate this Agreement, in their respective sole and
absolute discretion,until such time(if ever)as the Agency sends the Title Notice.
2.5.3 Title Notice Response. Within thirty(30)days following the earlier
of: (i)Seller's receipt of the Title Notice or(ii)expiration of the time period provided in this
Section 2.5 for delivery of the Title Notice,Seller shall deliver the Title Notice Response to both
the Agency and the Escrow Agent. If the Title Notice does not disapprove or conditionally
approve any matter in the Preliminary Report or the Agency fails to deliver the Title Notice,
Seller shall not be required to deliver the Title Notice Response. If Seller does not deliver the
Title Notice Response,if necessary,within thirty(30)days following its receipt of the Title
SDPUBUJUNGl381884 4 10
Notice,Seller shall be deemed to elect not to take any action in reference to the Title Notice. If
Seller elects in the Title Notice Response to take any action in reference to the Title Notice,
Seller shall complete such action,prior to the Escrow Closing Date or as otherwise specified in
the Title Notice Response.
2.5.4 Title Notice Waiver. If Seller elects or is deemed to have elected not
to address one or more matters set forth in the Title Notice to the Agency's reasonable
satisfaction, then within ten (10) days after the Agency's receipt of the Seller's Title Notice
response or the last date for the Seller to deliver its Title Notice Response, the Agency shall
either: (i) refuse to accept the title to and conveyance of the Property, or (ii) waive its
disapproval or conditional approval of all such matters set forth in the Title Notice by delivering
the Title Notice Waiver to both Seller and the Escrow Agent. Failure by the Agency to timely
deliver the Title Notice Waiver,where the Title Notice Response or Seller's failure to deliver the
Title Notice Response result in Seller's election not to address one or more matters set forth in
the Title Notice to the Agency's reasonable satisfaction,will be deemed the Agency's continued
refusal to accept the title to and conveyance of the Property,in which case both the Agency and
Seller shall have the right to cancel the Escrow and terminate this Agreement,in their respective
sole and absolute discretion, until such time (if ever) as the Agency sends the Title Notice
Waiver.
2.5.5 Disapproval of Encumbrances Securing Seller Obligations.
Notwithstanding any other provision of this Agreement, the Agency disapproves any and all
encumbrances against the Property securing monetary or performance obligations of Seller. All
such encumbrances shall be removed from the Property prior to the Close of Escrow by Seller,at
its sole cost and expense.
2.5.6 No Termination Liability, Any termination of this Agreement and
cancellation of the Escrow pursuant to this Section 2.5 shall be without liability to the other Party
or any other Person,and shall be accomplished by delivery of a written Notice of termination to
both the other Party and the Escrow Agent,in which case the Parties and the Escrow Agent shall
proceed pursuant to Section 3.14.
2.6 Due Diligence Investigations.
2.6.1 License to Enter. Seller licenses the Agency and its contractors to
enter the Property for the purpose of undertaking the Due Diligence Investigations as the Agency
deems necessary and appropriate. The Agency may sub-license to its agents,contractors,or their
sub-contractors to enter the Property for the purpose of conducting Due Diligence Investigations
under the license given in this Section 2.6.1,subject to all of the provisions of this Section 2.6.1
applicable to the Agency. The license given in this Section 2.6.1 shall only be effective until the
earlier of: (i)the end of the Due Diligence Period or(ii)the date of the Agency's delivery of its
Due Diligence Completion Notice. The Agency shall conduct all Due Diligence Investigations
during the Due Diligence Period and at its sole cost and expense. The Agency shall abide by any
reasonable condition(s)of entry onto the Property required by Seller,whether or not set forth in
this Agreement. Any Due Diligence Investigations by the Agency shall not unreasonably disrupt
any then existing use or occupancy of the Property.
SDPUBUJUNGl381884 4 I I
2.6.2 Limitations. The Agency shall not conduct any intrusive or destructive
testing of any portion of the Property,other than low volume soil samples,without Seller's prior
written consent. Following the conduct of any Due Diligence Investigations on the Property,the
Agency shall restore the Property to substantially its condition prior to the conduct of such Due
Diligence Investigations.
2.6.3 Indemnity. The activities of the Agency directly or indirectly related
to the Due Diligence Investigations shall be subject to the Agency's indemnity obligations under
Section 4.3 of this Agreement.
2.6.4 Due Diligence Completion Notice. The Agency shall deliver a Due
Diligence Completion Notice to both Seller and the Escrow Agent,prior to the end of the Due
Diligence Period. If the Agency does not accept the condition of the Property by delivery of its
Due Diligence Completion Notice stating such acceptance,prior to the end of the Due Diligence
Period,the Agency shall be deemed to have rejected the condition of the Property and refused to
accept conveyance of the Property. If the condition of the Property is rejected or deemed
rejected by the Agency,then either the Agency or Seller shall have the right to cancel the Escrow
and terminate this Agreement,in their respective sole and absolute discretion,until such time(if
ever) as the Agency delivers the Due Diligence Completion Notice stating the Agency's
acceptance of the condition of the Property. Any termination of this Agreement and cancellation
of the Escrow, pursuant to this Section 2.6, shall be without liability to the other Party or any
other Person, and shall be accomplished by delivery of a written Notice of termination to the
other Party and the Escrow Agent,in which case the Parties and the Escrow Agent shall proceed
pursuant to Section 3.14. Notwithstanding any other provision of this Agreement, the Agency
may reject the condition of the Property at any time during the Due Diligence Period for any
reason or no reason,in the Agency's sole and absolute discretion.
2.6.5 As-Is Purchase. The Agency acknowledges that it has or will make
such independent factual,physical and legal examinations,inquiries,inspections,investigations,
tests and studies as it deems necessary or desirable with respect to the Property and the
transactions contemplated by this Agreement, and that it is purchasing the Property on an "AS-
IS,WHERE IS,WITH ALL FAULTS BASIS"and is relying upon its own independent factual,
physical and legal examinations, inquiries, inspections, investigations,tests and studies and the
materials and information prepared by the Agency or by third parties at the Agency's request in
electing to purchase the Property.
2.7 Eminent Domain.
2.7.1 This Agreement is made by Seller and the Agency in lieu of
acquisition through the Eminent Domain Action. The Parties desire by this Agreement to
provide the terms and conditions for the purchase and sale of the Property in lieu of the Agency's
efforts at acquisition through eminent domain. Upon execution of this Agreement, the Agency
shall dismiss the Eminent Domain Action and Seller and Agency shall each be responsible for its
own attorneys fees and costs,if any,incurred in the Eminent Domain Action.
2.7.2 If any portion of the Property or any interest in any portion of the
Property,becomes the subject of any eminent domain proceeding prior to Close of Escrow other
SDPUBUJUNG\381884 4 12
than the Eminent Domain Action, including, without limitation, the filing of any notice of
intended condemnation or proceedings in the nature of eminent domain, commenced by any
governmental authority,other than the Agency,Seller shall immediately give the Agency Notice
of such occurrence, and the Agency shall have the option,exercisable within ten(10)business
days after receipt of such Notice from Seller,to either: (i)cancel the Escrow and terminate this
Agreement or (ii) continue with this Agreement in accordance with its terms, in which event
Seller shall assign to the Agency any right of Seller to receive any condemnation award
attributable to the Property.
2.8 Seller Covenants Regarding Maintenance of the Property.
2.8.1 Covenants. Seller covenants and agrees with the Agency that between
the Effective Date and the Escrow Closing Date:
(a) No Changes to Agreements. Seller shall not modify or amend
any lease or any service contract respecting the Property,or enter into any new lease or contract
respecting the Property, without the Agency's prior written approval. Seller may pursue the
lawfully termination any lease provided the tenant is in material breach thereof;
(b) Normal Maintenance. Seller shall maintain the Property in
accordance with the same standards Seller has customarily observed in its ownership and
management of the Property;
(c) Maintenance of Insurance. Seller shall maintain in force all
insurance policies currently maintained by Seller with respect to the Property;
(d) No Title Exceptions. Seller shall not cause, permit, allow or
suffer any additional exception to the title to the Property;
(e) Condition of Property. Seller shall deliver Property at the
Close of Escrow in its current as-is condition.
2.8.2 No Merger. Seller's covenants in this Section 2.8 shall not be merged
with the Grant Deed, shall survive the Close of Escrow for the full statutory period, and shall
automatically be deemed made for the benefit of, and enforceable by the Agency and its
successors and assigns.
2.9 Seller Waiver of Further Compensation,Relocation Benefits and Owner
Participation Rights.
2.9.1 Representations and Warranties:Waivers and Releases.
(a) Seller acknowledges that,pursuant to applicable provisions of
State law,Seller may be entitled to just compensation for the Property,improvements pertaining
to the realty, fixtures, equipment, inventory, personal property located on the Property, loss of
business goodwill, inverse condemnation, pre-condemnation damages, reimbursement for
compensable relocation expenses pursuant to Government Code section 7260, et seg., and the
Relocation Assistance Guidelines at 25 C.C.R. §7260, et seg., and other claims, damages,
snrusvrtnaousrssa 4 13
benefits and/or reimbursements relating to the Agency's acquisition of the Property(collectively,
the "Benefits")that are not expressly or independently set forth in this Agreement. Seller, on
behalf of itself, its administrators, successors and assigns, acknowledges and agrees that the
Agency's performance under this Agreement and payment of the Purchase Price constitutes full
and complete satisfaction of Seller's rights to the Benefits and the Agency's obligations,if any,
to provide the Benefits to Seller.
(b) Seller represents and warrants to the Agency that no portion of
the Property has been used or occupied by any Person other than Seller for more than one
hundred eighty(180)days prior to the Effective Date, Seller hereby waives,to the maximum
extent permitted by Law, any right or entitlement to relocation assistance or benefits
(pursuant to Government Code section 7260, et seq., and the Relocation Assistance
Guidelines at 25 C.C.R §7260, et seq. or otherwise) from the Agency as a result of the
transactions contemplated by this Agreement. With respect to relocation assistance or
benefits,Seller acknowledges that it may have sustained damage,loss,costs or expenses that are
presently unknown and unsuspected, and such damage, loss, costs or expenses that may have
been sustained, may give rise to additional damage, loss, costs or expenses in the future.
Nevertheless, Seller hereby acknowledges and agrees that this Agreement has been negotiated
and agreed upon in reliance on the waivers and releases contained in this Section 2.9 by Seller,
including the Purchase Price and all other terms and conditions. Seller acknowledges that the
waivers given in this Section 2.9 are made by Seller after being fully informed of its rights by
legal counsel of its own selection and are made knowingly and intentionally. With reference to
the representations and warranties made and the waivers given in this Section 2.9,Seller,to the
maximum extent permitted by Law, hereby waives the application of and any rights it might
have under California Civil Code Section 1542 or under any statute or common law or equitable
principal or similar effect. California Civil Code Section 1542 reads as follows:
A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
2.9.2 Indemnification.. Seller agrees to Indemnify the Agency against any
claims for any Benefits relating to the transactions contemplated in this Agreement.
2.9.3 Initials. The representations, warranties, acknowledgments, waivers
and releases contained in this Section 2.9 shall survive the Close of Escrow.
Initials ofAu ed
Seller Representative(s)
2.10 Owner Participation Rights. Seller acknowledges that the Property is located
within the Agency's Project Area Seller also acknowledges that pursuant to CRL Sections
33339, 33345 and 33380, each redevelopment plan must provide for the opportunity for
participation of owners in the redevelopment of the property if the owners agree to participate in
conformity with the terms of the redevelopment plan ("Owner Participation Rights"). The
SDPUBUJUNG1381684 4 14
Redevelopment Plan contains Rules Governing Participation and Reentry Preferences for
Property Owners, Operators of Businesses, and Business Tenants for the Merged Central
Business District and West End Project Area. Seller hereby waives any Owner Participation
Rights pursuant to the Redevelopment Plan and CRL to participate in the redevelopment of the
Property. In lieu of exercising said Owner Participation Rights and participating in the
redevelopment of the Property,Seller desires to sell to Agency the Property pursuant to the terms
and conditions of this Agreement.
2.11 Seller Representations and Warranties.
2.11.1 Litigation. To Seller's knowledge, there is no pending or threatened
private or governmental litigation by any governmental authority or person against Seller relating
to the Property that might, if it and all other pending and threatened litigation were adversely
determined,result in a material adverse change in the Property or its operation or that challenges
the validity of or otherwise materially adversely affects the transactions contemplated by this
Agreement.
2.11.2 Other Proceedings. To Seller's knowledge, no attachments, execution
proceedings,assignments for the benefit of creditors,insolvency,bankruptcy,reorganization,or
other proceedings are pending or threatened against Seller or Seller's interest in the Property,nor
are any such proceedings contemplated by Seller,
2.11.3 Governmental Action. Seller has no knowledge of, nor has Seller
received written notice of, any plan, study, or effort by any Person that in any way would
materially affect the use of the Property or any portion of it for its current use or of any intended
public improvements that would result in any charge being levied against, or any lien assessed
on,the Property.
2.11.4 Condemnation.To Seller's knowledge,other than the Eminent Domain
Action, Seller has received no notice of any presently pending or contemplated special
assessments or proceedings to condemn or demolish the Property or any part of it or any
proceedings to declare the Property or any part of it a nuisance.
2.11.5 Development Rights.To Seller's knowledge,Seller has not,except by
operation of law, sold, transferred, conveyed, or entered into any agreement regarding "air
rights," "excess floor area ratio," or other development rights or restrictions relating to the
Property,except as otherwise expressly set forth in the Preliminary Report.
2.11.6 Title to the Property.Seller has no actual knowledge of any unrecorded
or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than
Seller, Seller has no knowledge that anyone will, at the Close of Escrow, have any right to
possession of the Property,and except as disclosed by this Agreement or otherwise in writing to
the Agency. To Seller's knowledge, there are no unsatisfied mechanics' or materialmen's lien
rights on the Property. To Seller's knowledge, no assessment lien or bond encumbers the
Property, and no governmental authority has undertaken any action that could give rise to an
assessment lien affecting the Property.
SDPUBVJUNG1381884 4 15
2.11.7 No Hazardous Substances. To Seller's knowledge there are no
environmental,health or safety hazards on,under,or about(including any area surrounding the
Property) the Property, including but not limited to soil and groundwater conditions. Neither
Seller nor to Seller's knowledge has any third-Person (including but not limited to Seller's
predecessors in title to the Property)used or installed any underground tank,or used,generated,
manufactured,treated,stored,placed,deposited,or disposed of on,under,or about the Property
or transported to or from the Property any Hazardous Substance.
2.11.8 No Notice of Violation of Environmental Laws. To Seller's
knowledge the Property is not in violation of any Environmental Law. Seller has not received
any Notice from any Government that the Property or any adjoining property contains or may
contain any Hazardous Substance in violation of any Environmental Law or that Seller has
stored, used or maintained any Hazardous Substance or suffered, permitted, allowed or
acquiesced in any storage,use or maintenance of any Hazardous Substance on, in or under the
Property in violation of any Environmental Law.
2.11.9 No Other Representations or Warranties. Other than the express
representations and warranties contained in this Agreement, Seller makes no warranty or
representation,express or implied to the Agency regarding the Property.
2.12 Full Settlement of Claims.Seller's acceptance of the Purchase Price shall
constitute a full and final settlement of any and all claims Seller has or may have with respect to
the Agency's purchase and acquisition of the Property,including any claims arising from or
related to the proposed use of the Property.The Purchase Price is inclusive of all claims that
have or could have been asserted by Seller in the Eminent Domain Action or otherwise relating
to the acquisition of the Property including,without limitation,compensation for the Property
(including any improvements thereon);improvements pertaining to the realty,fixtures,
equipment;inventory,loss of business goodwill;inverse condemnation;pre-condemnation
damages;bonus value to any lease;statutory costs and interest;attorneys fees,and any rights to
relocation assistance that Seller may have under Government Code section 7250 et.seg.and the
Relocation Assistance Guidelines at 25 CFR 6000,et seg.,or otherwise.
ARTICLE 3
JOINT ESCROW INSTRUCTIONS
3,1 Opening of Escrow. The Agency and Seller shall cause the Escrow to be opened
within five days following the Effective Date. The Escrow Agent shall promptly confirm the
Escrow Opening Date in writing to each of the Parties,with a copy of the Escrow Agent Consent
executed by the authorized representative(s) of the Escrow Agent. The provisions of this
ARTICLE 3 are the joint escrow instructions of the Agency and Seller to the Escrow Agent for
conducting the Escrow.
3.2 Escrow Agent Authority. The Agency and Seller authorize the Escrow Agent
to:
SDP UBUJUNG\381884 4 16
3.2.1 Charges. Pay and charge the Agency and Seller for their respective
shares of the applicable fees,taxes, charges and costs payable by either the Agency or Seller
regarding the Escrow;
3.2.2 Settlement/Closing Statements. Release each Party's Escrow
settlement/closing statement to the other Party;and
3.2.3 Document Recording. File any documents delivered for recording
through the Escrow with the office of the Recorder of the County for recordation in the official
records of the County,pursuant to the joint instructions of the Parties.
3.2.4 Counterpart Documents. Utilize documents that have been signed by
the Agency and Seller in counterparts.
3.3 Agency's Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by the Agency, the
Agency's obligation to purchase and acquire fee title to the Property from Seller pursuant to this
Agreement on the Escrow Closing Date shall be subject to the satisfaction or waiver of each of
the following conditions precedent,each of which can only be waived in writing by the Agency:
3..3,1 Title. The Agency agrees to accept conveyance of the Property,
pursuant to Section 2,5;
33.2 Due Diligence. The Agency delivers its Due Diligence Completion
Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of
the Property;
3.3.3 Title Policy. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy,irrevocably and
unconditionally committed to issue the Title Policy to the Agency,at the Close of Escrow;
3.3.4 CEOA Documents. Final adoption, approval or certification of the
CEQA Documents;
3.3.5 Consistency Finding. The Planning Commission of the City has
determined that the acquisition of fee title to the Property by the Agency pursuant to this
Agreement is consistent with the City's General Plan, in accordance with Government Code
Section 65402;
3.3.6 Real Estate Taxes. All Real Estate Taxes are paid current by Seller;
3.3.7 Seller Escrow Deposits. Seller deposits all of the items into the
Escrow required by Section 3.6;
3.3.8 Settlement/Closing Statement. The Agency approves the Escrow
Agent's estimated Escrow closing/settlement statement;and
SDPUBUJUNG\381864 4 17
3.3.9 Seller Pre-Closing Obligations. Seller performs all of its material
obligations required to be performed by Seller under this Agreement prior to the Close of
Escrow.
3.4 Seller's Conditions to Close of Escrow. Provided that the failure of any such
condition to be satisfied is not due to a Default under this Agreement by Seller, Seller's
obligation to sell and convey fee title to the Property to the Agency pursuant to this Agreement
on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the
following conditions precedent,each of which can only be waived in writing by Seller:
3,4.1 Title. The Agency agrees to accept the conveyance of the Property,
pursuant to Section 2.5;
3.4.2 Due Diligence. The Agency delivers its Due Diligence Completion
Notice to both Seller and the Escrow Agent stating the Agency's acceptance of the condition of
the Property;
3.4.3 Title Policy. The Title Company is, upon payment of the Title
Company's standard premium for an insurance policy such as the Title Policy, irrevocably and
unconditionally committed to issue the Title Policy to the Agency,at the Close of Escrow;
3.4,4 CEOA Documents. Final adoption, approval or certification of the
CEQA Documents;
3.4.5 Agency Escrow Deposits. The Agency deposits all of the items into
the Escrow required by Section 3.5;
3.4.6 Settlement/Closing Statement. Seller approves the Escrow Agent's
estimated Escrow closing/settlement statement;and
3.4.7 Agency Pre-Closing Obligations. The Agency performs all of its
material obligations required to be performed by the Agency under this Agreement prior to the
Close of Escrow.
3.5 Agency's Escrow Deposits. On or prior to the Escrow Closing Date scheduled
by the Escrow Agent in a writing delivered to both of the Parties,the Agency shall deposit the
following described funds and documents into the Escrow and,concurrently,provide a copy of
each such document to Seller:
3.5.1 Purchase Price. The Purchase Price;
3.5.2 Certificate of Acceptance. A certificate of acceptance of the Grant
Deed, in substantially the form attached to the Grant Deed, executed by the authorized
representative(s)of the Agency in recordable form;
3.5.3 PCO Report. A PCO Report completed and signed by the authorized
representative(s)of the Agency;
SDPUBWUNGl38I884 4 18
3.5.4 Other Funds and Documents. Such other funds or documents required
from the Agency under the terms of this Agreement to close the Escrow or by the Escrow Agent
in the performance of the Escrow Agent's contractual or statutory obligations relating to the
Escrow.
3.6 Seller's Escrow Deposits.. On or prior to the Escrow Closing Date scheduled by
the Escrow Agent in a writing delivered to both of the Parties,Seller shall deposit the following
described funds and documents into the Escrow and,concurrently,provide a copy of each such
document to the Agency:
3.6..1 Grant Deed. The Grant Deed executed by the authorized
representative(s)of Seller,in recordable form;
3.6.2 FIRPTA Certificate. The FIRPTA Certificate completed and signed
by the authorized representative(s)of Seller;
3.6.3 Form 593. A Form 593 completed and signed by the authorized
representative(s)of Seller;
3.6.4 Other Funds and Documents. Such other funds or documents required
from Seller under the terms of this Agreement to close the Escrow or by the Escrow Agent in the
performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow.
3.7 Closing Procedure. When each of the Agency's Escrow deposits,as set forth in
Section 3.5,and each of Seller's Escrow deposits,as set forth in Section 3,6,are deposited into
the Escrow, the Escrow Agent shall request confirmation in writing from both the Agency and
Seller that each of their respective conditions to the Close of Escrow,as set forth in Sections 3.3
and 3.4, respectively, are satisfied or waived. Upon the Escrow Agent's receipt of written
confirmation from both the Agency and Seller that each of their respective conditions to the
Close of Escrow are either satisfied or waived, the Escrow Agent shall schedule the Escrow
Closing Date by written Notice to both Parties and,thereafter, shall close the Escrow on or
before the Escrow Closing Date by doing all of the following:
3.7.1 Recordation and Distribution of Recorded Documents. The Escrow
Agent shall file the following documents with the office of the Recorder of the County for
recording in the official records of the County,in the following order,at the Close of Escrow: (i)
the Grant Deed,with the Agency's original certificate of acceptance attached,and(ii)any other
documents to be recorded through the Escrow upon the joint instructions of the Parties, The
Escrow Agent shall deliver conformed copies of all documents filed for recording in the official
records of the County through the Escrow to the Agency,Seller and any other Person designated
in the written joint escrow instructions of the Parties to receive an original or conformed copy of
each such document. Each copy of a document filed for recording shall show all recording
information. The Parties intend and agree that this Section 3.7.1 shall establish the relative
priorities of the documents to be recorded in the official records of the County through the
Escrow, by providing for recordation of senior interests prior in time to junior interests, as
provided in this Section 3.7.1;
SDPUBUJUNG\381884 4 19
3.7.2 Distribution of Other Documents. The Escrow Agent shall deliver
copies of all documents delivered through the Escrow to the Agency,Seller and any other Person
designated in the written joint escrow instructions of the Parties to receive an original or copy of
each such document;
3.7.3 Title Policy. Obtain and deliver the Title Policy to the Agency;
3.7.4 Funds. Deliver the Purchase Price to Seller,less any amount required
to be withheld and paid to the State Franchise Tax Board pursuant to Revenue and Taxation
Code Section 18662 (see Section 3.9), any amount required to be paid to satisfy any
encumbrances against the Property securing monetary obligations of Seller and any other charges
to the account of Seller pursuant to the terms of this Agreement,and return all remaining funds
held by the Escrow Agent for the account of the Agency to the Agency,less the Agency's share
of the Escrow closing costs,and less any other charges to the account of the Agency pursuant to
the terms of this Agreement;
3.7.5 FIRPTA Certificate, File the FIRPTA Certificate with the United
States Internal Revenue Service;
3.7.6 Form 593. File the Form 593 with the State of California Franchise
Tax Board;and
3.7.7 PCO Report. File the PCO Report with the County Assessor.
3.7.8 Report to IRS. Following the Close of Escrow and prior to the last
date on which such report is required to be filed with the United States Internal Revenue Service,
if such report is required pursuant to Section 6045(e)of the United States Internal Revenue Code,
the Escrow Agent shall report the gross proceeds of the sale of the Property pursuant to this
Agreement to the United States Internal Revenue Service on Form 1099-B,Form W-9 or such
other form(s) as may be specified by the United States Internal Revenue Service pursuant to
Section 6045(e) or its associated Federal regulations. Upon the filing of such reporting form
with the United States Internal Revenue Service,the Escrow Agent shall deliver a copy of the
filed form to both the Agency and Seller.
3.8 Close of Escrow. The Close of Escrow shall occur on or before the Escrow
Closing Date. The Parties may mutually agree to change the Escrow Closing Date by joint
written instruction to the Escrow Agent. If for any reason the Close of Escrow has not occurred
on or before the Escrow Closing Date,then any Party not then in Default under this Agreement
may cancel the Escrow and terminate this Agreement,without liability to the other Party or any
other Person for such cancellation and termination,by delivering written Notice of termination to
both the other Party and the Escrow Agent. Following any such Notice of termination of this
Agreement and cancellation of the Escrow, the Parties and the Escrow Agent shall proceed
pursuant to Section 3.14. Without limiting the right of either Party to cancel the Escrow and
terminate this Agreement,pursuant to the first sentence of this Section 3.8,if the Escrow does
not close on or before the Escrow Closing Date and neither Party has exercised its contractual
right to cancel the Escrow and terminate this Agreement under this Section 3.8 before the first
date on which the Escrow Agent Notifies both Parties that the Escrow is in a position to close,
SDPUBUJUNGl381884 4 20
then the Escrow shall close as soon as reasonably possible following the first date on which the
Escrow Agent Notifies both Parties that the Escrow is in a position to close,pursuant to the terms
and conditions of this Agreement.
3.9 Withholding Requirements. The Parties acknowledge that California Revenue
and Taxation Code Section 18662 requires the Agency to withhold from funds otherwise payable
to Seller at the Close of Escrow an amount equal to three and one-third percent(3 1/3%)of the
total Purchase Price for the Property and submit such amount to the California Franchise Tax
Board,unless the Agency is relieved of such withholding requirements in accordance with the
provisions of California Revenue and Taxation Code Section 18662,
3.10 Taxes and Prorations. All Real Estate Taxes shall have been paid by Seller and
be current as of the Close of Escrow and there shall be no pro-ration of Real Estate Taxes
between the Parties through or outside of the Escrow. Seller shall be entitled to and solely
responsible for obtaining all refunds,if any,that may be due for Real Estate Taxes paid by Seller
applicable to any period after Close of Escrow. Seller shall be responsible for all Real Estate
Taxes and all supplemental Real Estate Taxes, if any,assessed pursuant to California Revenue
and Taxation Code Section 75, et seq., applicable to any period on or before the Close of
Escrow,and Buyer' obligation to pay such Real Estate Taxes shall survive the Close of Escrow,
Buyer shall be responsible for all Real Estate Taxes, if any, and all supplemental Real Estate
Taxes,if any,applicable to any period prior to the Close of Escrow.
3.11 Possession;Risk of Loss. The Agency shall be entitled to sole possession of the
Property immediately upon Close of Escrow. All risk of loss or damage to the Property will pass
from Seller to the Agency at the Close of Escrow. In the event that material loss or damage
occurs to the Property prior to the Close of Escrow,the Agency may terminate this Agreement
and cancel the Escrow by written Notice of Termination.
3.12 Escrow Closing Costs,Taxes and Title Policy Premium, The Agency shall pay
the Escrow fees and such other costs as the Escrow Agent may charge for conducting the Escrow
except as otherwise provided herein. Agency shall pay the premium charged by the Title
Company for the Title Policy,including any endorsements or other supplements to the coverage
of the Title Policy that may be requested by the Agency,. The Agency shall pay any and all
recording fees, any documentary transfer tax, taxes levied by any Government arising from or
relating to the sale of the Property pursuant to this Agreement and through the Escrow(exclusive
of any income taxes and any property taxes to be paid by Seller pursuant to Section 3.10)the
cost of any endorsements or supplements to the coverage of the Title Policy requested by the
Agency. The Escrow Agent shall notify the Agency and Seller of the costs to be borne by each
of them at the Close of Escrow by delivering the Escrow Agent's estimated Escrow
closing/settlement statement to both the Agency and Seller,at least two(2)business days prior to
the Escrow Closing Date.
3.13 Escrow Cancellation Charges. If the Escrow fails to close due to an Event of
Default attributable to the Agency, the Agency shall pay all customary and reasonable
cancellation charges regarding cancellation of the Escrow and the Title Policy order,if any. If
the Escrow fails to close due to an Event of Default attributable to Seller, Seller shall pay all
customary and reasonable cancellation charges regarding cancellation of the Escrow and the
SDPUBUJUNG\381884 4 21
Title Policy order, if any. If the Escrow fails to close for any reason other than an Event of
Default attributable to either the Agency or Seller,the Agency and Seller shall each pay one-half
(1/2)of all customary and reasonable cancellation charges regarding cancellation of the Escrow
and the Title Policy order,if any.
3.14 Escrow Cancellation. If the Escrow is cancelled and this Agreement is
terminated pursuant to a contractual right granted to a Party in this Agreement to cancel the
Escrow and terminate this Agreement,the Parties shall pay any associated cancellation charges
in accordance with Section 3.12 and do each of the following:
3.14.1 Cancellation Instructions. The Parties shall,within three (3)business
days following receipt of the Escrow Agent's written request, execute any reasonable Escrow
cancellation instructions requested by the Escrow Agent;and
3.14,2 Return of Funds and Documents. Within seven (7) days following
receipt by the Parties of a settlement statement from the Escrow Agent of cancellation charges
regarding cancellation of the Escrow and the Title Policy order,if any: (i)Seller or the Escrow
Agent, respectively, shall return to the Agency any documents previously delivered by the
Agency to Seller or the Escrow Agent regarding this Agreement,the Property or the Escrow,(ii)
the Agency or the Escrow Agent, respectively, shall return to Seller all documents previously
delivered by Seller to the Agency or the Escrow Agent regarding this Agreement,the Property or
the Escrow; (iii) the Escrow Agent shall return to the Agency any funds deposited into the
Escrow by the Agency, less the Agency's share of any customary and reasonable cancellation
charges regarding cancellation of the Escrow and the Title Policy order, if any, in accordance
with Section 3.12; and(iv)the Escrow Agent shall return to Seller any funds deposited into the
Escrow by Seller, less Seller's share of any customary and reasonable cancellation charges
regarding cancellation of the Escrow and the Title Policy order, if any, in accordance with
Section 3.12.
3.15 Escrow Notices. All Notices from the Escrow Agent to the Parties shall be given
in the manner provided in Section 5.4 of this Agreement.
ARTICLE 4
REMEDIES AM)INDEMNITY
4.1 Event of Default Remedies. The Agency shall have all remedies available to the
Agency at law or in equity under the laws of the State for any Event of Default by Seller under
this Agreement. The Seller shall have all remedies available to the Seller at law for any Event of
Default by the Agency under this Agreement, except as otherwise provided for herein. Seller
shall not seek specific performance nor may Seller be awarded specific performance against the
Agency.
4.2 Rights and Remedies are Cumulative. Except as otherwise expressly stated in
this Agreement,the rights and remedies of the Parties set forth in this Agreement are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
SDPUBUJUJGl381884 4 22
exercise by it,at the same or different times,of any other rights or remedies for the same Default
or the same rights or remedies for any other Default.
4.3 Indemnification.
4.3.1 Obligations. The Agency shall Indemnify the Seller Parties against
any wrongful intentional act or negligence of the Agency Parties and for any other matter for
which the Agency is specifically obligated to indemnify Seller pursuant to this Agreement.
Seller shall Indemnify the Agency Parties against any wrongful intentional act or negligence of
the Seller Parties and for any other matter for which Seller is specifically obligated to indemnify
the Agency pursuant to this Agreement. Notwithstanding anything to the contrary in this
Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the
Indemnitee's wrongful intentional acts or negligence. Nothing in this Section 4.3 or any other
provision of this Agreement is intended to modify any claim requirements or limitations periods
provided for in the California Government Code Sections 800,et seg or Sections 900,et seq
4.3..2 Independent of Insurance Obligations. Each Party's obligation to
Indemnify any Person under this Agreement is independent of any insurance carried by such
Party, any insurance shall not in any way restrict, limit, or modify a Party's obligation to
Indemnify a Person under this Agreement and such indemnity obligation is independent of each
Party's other obligations under this Agreement.
4.3.3 Survival of Indemnification and Defense Obligations. The indemnity
and defense obligations of the Parties under this Agreement shall survive the expiration or earlier
termination of this Agreement,until all Claims against any of the Indemnitees are fully,finally,
absolutely and completely barred by applicable statutes of limitations.
4.3.4 Duty to Defend. The duty to defend any Indemnitee applies upon
Notice of any Claim, regardless of whether the issues of negligence, liability, fault, default or
other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty
to defend any Indemnitee applies immediately, regardless of whether the Indemnitee has paid
any amounts or incurred any detriment arising out of or relating(directly or indirectly) to any
Claim. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary
adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee,at
any stage of any Claim within the scope of the Indemnitor's indemnity obligations under this
Agreement.
4.4 Indemnification Procedures. Wherever this Agreement requires any Indemnitor
to Indemnify any Indemnitee:
4.4.1 Prompt Notice. The Indemnitee shall promptly Notify the Indemnitor
of any Claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt
Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity
for such Claim,the Indemnitor shall be relieved of its indemnity obligations for such Claim.
4.4.2 Selection of Counsel. The Indemnitor shall select counsel reasonably
acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing
coverage for a Claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall
SDPUBUJUNGl381884.4 23
defend the Claim,Indemnitee may,at its option and its own expense,engage separate counsel to
advise it regarding the Claim and its defense. The Indemnitee's separate counsel may attend all
proceedings and meetings, The Indemnitor's counsel shall actively consult with the
Indemnitee's separate counsel. The Indemnitor and its counsel shall,however,fully control the
defense,except to the extent that the Indemnitee waives its rights to indemnity and defense for
such Claim.
4.4.3 Cooperation. The Indemnitee shall reasonably cooperate with the
Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's
actual out of pocket expenses(including Legal Costs)of such cooperation.
4.4,4 Settlement. The Indemnitor may,with the Indemnitee's consent, not
to be unreasonably withheld,settle a Claim. The Indemnitee's consent shall not be required for
any settlement by which all of the following occur: (i)the Indemnitor procures (by payment,
settlement, or otherwise) a release of the Indemnitee from the subject Claim(s) by which the
Indemnitee need not make any payment to the claimant; (ii) neither the Indemnitee nor the
Indemnitor on behalf of the Indemnitee admits liability;(iii)the continued effectiveness of this
Agreement is not jeopardized in any way;and(iv)the Indemnitee's interest in this Agreement is
not jeopardized in any way.
ARTICLE 5
GENERAL PROVISIONS
5.1 Incorporation of Recitals. The Recitals of fact set forth preceding this
Agreement are true and correct and are incorporated into this Agreement in their entirety by this
reference.
5.2 City Not a Party. The City is not a Party to this Agreement.
5.3 Executive Director Implementation. The Agency shall implement this
Agreement through its Executive Director. The Executive Director is hereby authorized by the
Agency to issue approvals, interpretations, waivers and enter into certain amendments to this
Agreement on behalf of the Agency,to the extent that any such action(s)does/do not cause the
Agency to incur, in the aggregate, additional obligations exceeding Twenty-Five Thousand
Dollars($25,000). All other actions shall require the consideration and approval of the Agency
governing body, unless expressly provided otherwise by action of the Agency governing body.
Nothing in this Section 5.3 shall restrict the submission to the Agency governing body of any
matter within the Executive Director's authority under this Section 5.3, in the Executive
Director's sole and absolute discretion, to obtain the Agency governing body's express and
specific authorization on such matter. The specific intent of this Section 5.3 is to authorize
certain actions on behalf of the Agency by the Executive Director,but not to require that such
actions be taken by the Executive Director, without consideration by the Agency governing
body.
SDPUBUJUNG\38I B84 4 24
5.4 Notices,Demands and Communications Between the Parties.
5.4.1 Notices. Any and all Notices submitted by either Party to the other
Party or to the Escrow Agent pursuant to or as required by this Agreement shall be proper,if in
writing and transmitted to the address of the Agency,or Seller,as applicable,set forth in Section
5.4,2,or to the Escrow Agent's address set forth in the Escrow Agent's Consent,by one or more
of the following methods: (i) messenger for immediate personal delivery, (ii) a nationally
recognized overnight(one-night) delivery service (i.e.,Federal Express, United Parcel Service,
etc.) or(iii)registered or certified United States mail,postage prepaid,return receipt requested.
Such Notices may be sent in the same manner to such other addresses as either Party may
designate, from time to time, by Notice, Any Notice shall be deemed to be received by the
addressee,regardless of whether or when any return receipt is received by the sender or the date
set forth on such return receipt,on the day that it is delivered by personal delivery,on the date of
delivery by a nationally recognized overnight courier service (or when delivery has been
attempted twice, as evidenced by the written report of the courier service) or four (4) calendar
days after it is deposited with the United States Postal Service for delivery, as provided in this
Section 5.4, Rejection, other refusal to accept or the inability to deliver a Notice because of a
changed address of which no Notice was given or other action by a Person to whom Notice is
sent,shall be deemed receipt of the Notice.
5.4.2 Addresses. The following are the authorized addresses for the
submission of Notices to the Parties,as of the Effective Date:
To Seller: Donna Marie Matson, trustee of Donna M.
Matson Trust
4418 Avocado Street
Los Angeles,California 90027
With Copy to:
Attention:
To the Agency: Redevelopment Agency of the City of Azusa
213 East Foothill Boulevard
Azusa,California 91702
Attention:Executive Director
With Copy to: Best Best&Krieger
5 Park Plaza,Suite 1500
Irvine,CA 92614
Attn: Elizabeth W.Hull
Telephone(949)263-2600
Fax(949)260-0972
5.5 Warranty Against Payment of Consideration for Agreement. Seller
represents and warrants that: (i) Seller has not employed or retained any Person to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee,excepting bona fide employees of Seller; and(ii)no gratuities, in
SDPUBUnUNG1381884 4 25
the form of entertainment,gifts or otherwise have been or will be given by Seller or any of its
agents,employees or representatives to any elected or appointed official or employee of either
the City or the Agency in an attempt to secure this Agreement or favorable terms or conditions
for this Agreement. Breach of the representations or warranties of this Section 5.5 shall
automatically terminate this Agreement, without further Notice to or action by either Party and,
upon any such termination of this Agreement, Seller shall immediately refund any payments
made to or on behalf of Seller by the City or the Agency pursuant to this Agreement or otherwise
related to the Property,prior to the date of any such termination,
5.6 Relationship of Parties. The Parties each intend and agree that the Agency and
Seller are independent contracting entities and do not intend by this Agreement to create any
partnership,joint venture, or similar business arrangement,relationship or association between
them.
5.7 Survival of Agreement. All of the provisions of this Agreement shall be
applicable to any dispute between the Parties arising from this Agreement, whether prior to or
following expiration or termination of this Agreement, until any such dispute is finally and
completely resolved between the Parties,either by written settlement,entry of a non-appealable
judgment or expiration of all applicable statutory limitations periods and all terms and conditions
of this Agreement relating to dispute resolution and limitations on damages or remedies shall
survive any expiration or termination of this Agreement.
5.8 Non-liability of Officials, Employees and Agents. No Agency Party shall be
personally liable to Seller,or any successor in interest of Seller,in the event of any Default or
breach by the Agency under this Agreement or for any amount that may be or become due to
Seller or any successor in interest of Seller,on any obligations under the terms or conditions of
this Agreement.
5,9 Calculation of Time Periods. Unless otherwise specified,all references to time
periods in this Agreement measured in days shall be to consecutive calendar days,all references
to time periods in this Agreement measured in months shall be to consecutive calendar months
and all references to time periods in this Agreement measured in years shall be to consecutive
calendar years. Any reference to business days in this Agreement shall mean consecutive
business days of the Agency.
5.10 Principles of Interpretation. No inference in favor of or against any Party shall
be drawn from the fact that such Party has drafted any part of this Agreement, The Parties have
both participated substantially in the negotiation,drafting,and revision of this Agreement,with
advice from legal and other counsel and advisers of their own selection. A word,term or phrase
defined in the singular in this Agreement may be used in the plural, and vice versa, all in
accordance with ordinary principles of English grammar,which shall govern all language in this
Agreement The words "include" and "including"in this Agreement shall be construed to be
followed by the words: "without limitation," Each collective noun in this Agreement shall be
interpreted as if followed by the words "(or any part of it)," except where the context clearly
requires otherwise„ Every reference to any document,including this Agreement,refers to such
document, as modified from time to time (excepting any modification that violates this
Agreement), and includes all exhibits, schedules, addenda and riders to such document. The
SDPUBUJUNG1381884 4 26
word "or" in this Agreement includes the word "and." Every reference to a law, statute,
regulation, order, form or similar governmental requirement refers to each such requirement as
amended,modified,renumbered,superseded or succeeded,from time to time.
5.11 Governing Law. The Laws of the State shall govern the interpretation and
enforcement of this Agreement,without application of conflicts of laws principles. The Parties
acknowledge and agree that this Agreement is entered into,is to be fully performed in and relates
to real property located in the City of Azusa, County of Los Angeles, State of California. All
legal actions arising from this Agreement shall be filed in the Superior Court of the State in and
for the County or in the United States District Court with jurisdiction in the County.
5.12 Agency Attorney Fees and Costs. For the purposes of this Agreement, all
references to Legal Costs in reference to the Agency are intended to include the salaries,benefits
and costs of the City Attorney, as Agency General Counsel, and the lawyers employed in the
Office of the City Attorney who provide legal services regarding the particular matter, adjusted
to or billed at an hourly rate and multiplied by the time spent on such matter rounded to
increments of 1/10th of an hour,in addition to Legal Costs of outside counsel retained by the
Agency for any matter.
5.13 Unavoidable Delay;Extension of Time of Performance.
5.13.1 Notice. Subject to any specific provisions of this Agreement stating
that they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of
an Unavoidable Delay,performance by either Party under this Agreement shall not be deemed,
or considered to be in Default, where any such Default is due to the occurrence of an
Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (i)
within ten(10)days after such Party knows of any such Unavoidable Delay;and(ii)within five
(5) days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an
Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of
time for an Unavoidable Delay shall commence on the date of receipt of written Notice of the
occurrence of the Unavoidable Delay by the Party not claiming an extension of time to perform
due to such Unavoidable Delay and shall continue until the end of the condition causing the
Unavoidable Delay. The Party claiming an extension of time to perform due to an Unavoidable
Delay shall exercise its commercially reasonable best efforts to cure the condition causing the
Unavoidable Delay,within a reasonable time.
5.13.2 Assumption of Economic Risks. EACH PARTY EXPRESSLY
AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS,OF EITHER PARTY
SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET
CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF
EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS
AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF
EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS
ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE
CONTRARY NOTWITHSTANDING,THE PARTIES EXPRESSLY ASSUME THE RISK OF
UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET
DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST EXTENT ALLOWED BY
SDPUBUJUNG\381884 4 27
LAW,ANY DEFENSE,CLAIM,OR CAUSE OF ACTION BASED IN WHOLE OR IN PART
ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC
CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE
PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER
OF THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN
MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR
DELAY THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE
OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS
AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE
ECONOMIC OR MARKET CHANGES,WHETHER OR NOT FORESEEABLE AS OF THE
EFFECTIVE DATE.
Initials of Authorized Initials of Authorized
Agency Representative(s) Seller Representative(s)
5.14 Real Estate Commissions. Neither the Agency nor Seller shall be responsible
for any real estate brokerage or sales commissions,finder fees or similar charges that may arise
from or be related to this Agreement or the purchase, sale or conveyance of the Property
pursuant to this Agreement. Seller shall be solely responsible for any real estate brokerage or
sales commissions, finder fees or similar charges that may arise from or be related to this
Agreement or the purchase,sale or conveyance of the Property pursuant to this Agreement that
are claimed by any Person engaged by Seller relating to the Property, this Agreement, or the
purchase, sale or conveyance of the Property pursuant to this Agreement. Further, Seller shall
Indemnify the Agency against any claims for such real estate brokerage or sales commissions,
finder fees or similar charges, in accordance with Section 4.3. The Agency shall be solely
responsible for any real estate brokerage or sales commissions,finder fees or similar charges that
may arise from or be related to this Agreement or the purchase, sale or conveyance of the
Property pursuant to this Agreement that are claimed by any Person engaged by the Agency
relating to the Property, this Agreement, or the purchase, sale or conveyance of the Property
pursuant to this Agreement. Further, the Agency shall Indemnify Seller against any claims for
such real estate brokerage or sales commissions, finder fees or similar charges, in accordance
with Section 4.3.
5.15 Binding on Successors and Assigns. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective legal representatives, successors and
assigns. Either Party shall have the right to assign its right under this Agreement.
5.16 No Other Representations or Warranties. Except as expressly set forth in this
Agreement, no Party makes any representation or warranty material to this Agreement to any
other Party.
5.17 Tax Consequences. Seller acknowledges and agrees that it shall bear any and all
responsibility, liability, costs, and expenses connected in any way with any tax consequences
experienced by Seller related to this Agreement or the purchase, sale or conveyance of the
Property pursuant to this Agreement,
SDPUB\I.IUNG\381884 4 2$
5.18 No Third-Party Beneficiaries. Nothing in this Agreement,express or implied,is
intended to confer any rights or remedies under or by reason of this Agreement on any Person
other than the Parties and their respective permitted successors and assigns, nor is anything in
this Agreement intended to relieve or discharge any obligation of any third-Person to any Party
or give any third-Person any right of subrogation or action over or against any Party.
5.19 Execution in Counterparts, This Agreement may be executed in multiple
counterpart originals,each of which shall be deemed to be an original,but all of which together
shall constitute one and the same document.
5.20 Entire Agreement
5.20,1 Integrated Agreement. This Agreement includes forty three(43)pages
and five (5) exhibits, that constitute the entire understanding and Agreement of the Parties
regarding the Property and the other subjects addressed in this Agreement. This Agreement
integrates all of the terms and conditions mentioned in this Agreement or incidental to this
Agreement, and supersedes all negotiations or previous agreements between the Parties with
respect to the Property and the other subjects addressed in this Agreement.
5.20.2 No Merger. None of the terms,covenants,restrictions,agreements or
conditions set forth in this Agreement shall be deemed to be merged with any deed conveying
title to any portion of the Property, and this Agreement shall continue in full force and effect
before and after any such instruments,in accordance with its terms.
5.20.3 Waivers Must be in Writing. All waivers of the provisions of this
Agreement and all amendments to this Agreement must be in writing and signed by the
authorized representative(s)of both the Agency and Seller.
5.21 Exhibits. All of the Exhibits attached to this Agreement are described as follows:
5.21.1 Exhibit"A." Property Legal Description(Exhibit"A");
5.21.2 Exhibit"B." Form of Seller Official Action(Exhibit"B");
5.21.3 Exhibit"C." Form of Escrow Agent Consent(Exhibit"C");and
5.21.4 Exhibit"D." Form of Grant Deed(Exhibit"D").
5.22 Time Declared to be of the Essence. As to the performance of any obligation
under this Agreement of which time is a component,the performance of such obligation within
the time specified is of the essence.
5,.23 No Waiver. Failure to insist on any one occasion upon strict compliance with
any term,covenant,condition,restriction or agreement contained in this Agreement shall not be
deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any
waiver or relinquishment of any rights or powers under this Agreement,at any one time or more
times,be deemed a waiver or relinquishment of such right or power at any other time or times.
SDPUBWUNGl381884 4 29
[Signatures on following page]
SDPUBU)UNG1381884 4 30
SIGNATURE PAGE
TO
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
IN WITNESS WHEREOF,the Agency and Seller have executed this 2009 Real Property
Purchase and Sale Agreement and Joint Escrow Instructions(830 North Azusa Avenue)by and
through the signatures of their authorized representative(s)set forth below:
AGENCY: Seller.
Redevelopment Agency of the City of Donna Marie Matson, trustee of Donna M.
Azusa,a public body,corporate and politic Matson Trust /�,
By: By: Jh'i .--I G�CL�
Name: Nam: L ♦ r A _ 11',
Its: Its . - I I 1411.
Attest:
'1/'I G1 2 — ' —
By:
By: Name:
Agency Secretary Its:
APPROVED AS TO FORM:
Best Best&Krieger LLP
By:
Agency General Counsel
SDPUBUJUNG\381854 4 31
EXHIBIT"A"
TO
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
PROPERTY LEGAL DESCRIPTION
LOT 34 BLOCK 20 OF AZUSA TRACT, IN THE CITY OF AZUSA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 15,PAGES 93
TO 96 INCLUSIVE OF MISCELLANEOUS RECORDS,IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
[APN 8608-025-013]
Exhibit"A"
Property Legal Description
SDPUBUJUNGl381884 4
EXHIBIT"B"
TO
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
FORM OF SELLER OFFICIAL ACTION
[To be attached behind this cover page]
SDPUBWUNG081884 4
CERTIFICATION OF TRUSTEE AUTHORITY
I,Donna Marie Matson,the undersigned,certify that I am the sole trustee of the Donna
M.Matson Trust("Trust"),and that I am authorized and empowered for and on behalf of and in
the name of the Trust to execute and deliver that certain"2009 Real Property Purchase and Sale
Agreement and Joint Escrow Instructions," dated , 2009 between the
Redevelopment Agency of the City of Azusa, a public body, corporate and politic (the
"Agency"),and Donna Marie Matson,trustee of Donna M.Matson Trust(the"Agreement"),for
the Agency to purchase certain real property,generally referred to as 830 N.Azusa Ave.,City of
Azusa, County of Los Angeles, State of California,APN 8608-025-013, from the Trust,and to
perform the other obligations of the Trust set forth in the Agreement and all other documents to
be executed in connection with the transactions contemplated in the Agreement, and to take all
actions that may be considered necessary to conclude the transactions contemplated in the
Agreement.
The authority conferred by this Certificate shall be considered retroactive,and any and all
acts authorized in this Certificate that were performed before the execution of this Certificate are
approved and ratified. The authority conferred shall continue in full force and effect until the
Agency shall have received notice in writing from the Trust of the revocation of this Certificate.
I further certify that the activities covered by the foregoing certifications constitute duly
authorized activities of the Trust; that these certifications are now in full force and effect; and
that there is no provision in any document under which the Trust is organized and/or that governs
the Trust's continued existence or operations limiting the power of the undersigned to make the
certifications set forth in this Certificate,and that the same are in conformity with the provisions
of all such documents.
Donna Marie Matson,trustee
sDPUBurUNG\3 al 884 4
EXHIBIT"C"
TO
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
FORM OF ESCROW AGENT CONSENT
ESCROW AGENT CONSENT
Lawyers Title Escrow,in Burbank,California accepts that certain 2009 Real Property
Purchase and Sale Agreement and Joint Escrow Instructions, dated by and
between the Redevelopment Agency of the City of Azusa,a public body,corporate and politic,
and Donna Marie Matson, trustee of Donna M. Matson Trust, and agrees to act as "Escrow
Agent"pursuant to such agreement and agrees to be bound by all provisions of such agreement
applicable to it as the Escrow Agent.
ESCROW AGENT:
LAWYERS TITLE ESCROW
By:
Name:
Its:
Dated:
Notice Address:
Attn:
Exhibit"C"
Form Of Escrow Agent Consent
SDPUBUTUNG'381884 4
EXHIBIT"D"
TO
2009 REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
(830 North Azusa Avenue)
FORM OF GRANT DEED
[To be attached following this cover page]
•
Exhibit"D"
Form of Grant Deed
SDPUBUJUNGI3 B1 B84 4
RECORDING REQUESTED BY:
Escrow No.and Order No.
WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENTS TO:
Redevelopment Agency of the City of Azusa
Attn: Executive Director •
213 East Foothill Boulevard
Azusa,CA 91702
APN 8608-025-013 Exempt from Recording Fees per Govt.Code§27383
Exempt from Documentary Transfer Tax per Calif.Rev.&Tax,Code§11922
GRANT DEED
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
DONNA MARIE MATSON,TRUSTEE OF DONNA M.MATSON TRUST,
does hereby grant and convey to
REDEVELOPMENT AGENCY OF 1,I CITY OF AZUSA,a public body,
corporate and politic
all that certain real property situated in the City of Azusa, County of Los Angeles, State of
California,described in EXHIBIT A attached hereto and incorporated herein by reference.
Dated: Donna Marie Matson,trustee Donna M.Matson
Trust
By:
Name:
Its:
Exhibit"D"
Form of Grant Deed
SDPUBUJUNGt381884 4
NOTARY ACKNOWLEDGMENT
(California All-Purpose Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF
On before me, (insert name
and title of the officer here),personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
ATTACHED TO: GRANT DEED
[APN 8608-025-0131
•
Exhibit"D"
Form of Grant Deed
SDPUB1r1UNG1381884 4
E3ILWIT A TO
GRANT DEED
Legal Description of Property
LOT 34 BLOCK 20 OF AZUSA TRACT, IN THE CITY OF AZUSA, COUNTY OF LOS
ANGELES,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 15,PAGES 93
TO 96 INCLUSIVE OF MISCELLANEOUS RECORDS,IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
[APN 8608-025-0131
Exhibit"D"
Form of Grant Deed
SDPUBUWUNG1381884 4
REDEVELOPMENT AGENCY OF 1'1th CITY OF AZUSA
CERTIFICATE OF ACCEPTANCE OF
GRANT DEED
[APN 8608-025-013)
This Certificate of Acceptance pertains to the interest in certain real property conveyed
by the Grant Deed dated , 2009 to which this Certificate of Acceptance is
attached,
from: DONNA MARIE 'WATSON, TRUSTEE OF DONNA M. MATSON
TRUST("Grantor"),
to: REDEVELOPMENT AGENCY OF flit.CITY OF AZUSA,a
public body,corporate and politic("Grantee")
Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee
pursuant to authority conferred by the Grantee's governing board, and Grantee hereby consents
to recordation of said Grant Deed.
Dated: REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA,a public body,corporate and politic,
By:
F.M.Delach
Its: Executive Director
ATTEST:
Agency Secretary
Exhibit"D"
Form of Grant Deed
SDPUBVJUNG\381884 4
TABLE OF CONTENTS
Page
RECITALS 1
ARTICLE 1 -DEFINITIONS 1
1.1 Defined Terms. . . 1
ARTICLE 2-CONVEYANCE OF PROPERTY .,.......9
2.1 Escrow 9
2.2 Seller's Disclosure Documents. 9
2.3 Agency Deposit 10
2.4 Payment of Purchase Price 10
2.5 Title Approval. 10
2.6 Due Diligence Investigations . 11
2.7 Eminent Domain. .. 12
2.8 Seller Covenants Regarding Maintenance of the Property 12
2.9 Seller Waiver of Relocation Benefits and Owner Participation Rights. 13
2.10 Owner Participation Rights 14
2.11 Seller Representations and Warranties. 14
ARTICLE 3-JOINT ESCROW INSTRUCTIONS 15
3.1 Opening of Escrow. .. 15
3.2 Escrow Agent Authority. 16
3.3 Agency's Conditions to Close of Escrow. 16
3.4 Seller's Conditions to Close of Escrow. 17
3.5 Agency's Escrow Deposits. ., 17
3.6 Seller's Escrow Deposits. 18
3.7 Closing Procedure. 18
3.8 Close of Escrow. 19
3.9 Withholding Requirements. . 20
3.10 Taxes and Prorations. 20
3.11 Possession;Risk of Loss 20
3.12 Escrow Closing Costs,Taxes and Title Policy Premium. . 20
31 Escrow Cancellation Charges. . . 21
3.14 Escrow Cancellation. .. 21
SDPUBU.RING1381884 4 -i-
TABLE OF CONTENTS
(continued)
Page
3.15 Escrow Notices, 21
ARTICLE 4-REMEDIES AND INDEMNITY 21
4.1 Event of Default Remedies. 21
4.2 Rights and Remedies are Cumulative. 22
4.3 Indemnification. 22
4.4 Indemnification Procedures. 22
ARTICLE 5-GENERAL PROVISIONS 23
5.1 Incorporation of Recitals 23
5.2 City Not a Party. 23
5.3 Executive Director Implementation...... .. 23
5.4 Notices,Demands and Communications Between the Parties... 24
5.5 Warranty Against Payment of Consideration for Agreement 25
5.6 Relationship of Parties. 25
5.7 Survival of Agreement 25
5.8 Non-liability of Officials,Employees and Agents.. 25
5.9 Calculation of Time Periods. 25
5.10 Principles of Interpretation. 26
5.11 Governing Law. 26
5.12 Agency Attorney Fees and Costs. . . .26
5.13 Unavoidable Delay;Extension of Time of Performance. 26
5.14 Real Estate Commissions 27
5.15 Binding on Successors and Assigns 28
5.16 No Other Representations or Warranties.. 28
5,17 Tax Consequences. 28
5.18 No Third-Party Beneficiaries. 28
5.19 Execution in Counterparts 28
5.20 Entire Agreement. 28
5.21 Exhibits. 28
5.22 Time Declared to be of the Essence 29
5.23 No Waiver. 29
SDPUBUIUNG\381884 4 -rr-
TABLE OF CONTENTS
(continued)
Page
End of TOC-Do not delete tins paragraph!
EXHIBIT"A"—PROPERTY LEGAL DESCRIPTION
EXHIBIT"B"—FORM OF SELLER OFFICIAL ACTION
EXHIBIT"C"—FORM OF ESCROW AGENT CONSENT
EXHIBIT"D"—FORM OF GRANT DEED
SDPUBUJUNG1381884 4 -iii-
FS
_ — *., __
�ZUSA I
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,JUNE 15,2009–9:33 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
DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Richardson and Hull, Executive Director Delach, Assistant Executive Director
Makshanoff,Department Heads,Secretary Mendoza,Deputy Secretary Toscano.
THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:33 Convene Jntly
P.M.TO CONSIDER THE FOLLOWING: w/City Cncl
JOINT PUBLIC HEARING- ON THE FIRST AMENDMENT TO THE 2008 DISPOSITION AND Jnt Pub Hrg
DEVELOPMENT AGREEMENT WITH TARGET CORPORATION FOR THE DEVELOPMENT OF Amend DDA
A TARGET STORE AT 809 NORTH AZUSA AVENUE. Target
Economic and Community Development Director Christianson addressed the Joint Public Hearing stating K.Christianson
that this is the first amendment to the DDA with Target and the three adjustments are as follows: Comments
Developer shall obtain the CEC(Capital Expenditure Committee)Commitment no later than October 16,
2009, the Developer shall have thirty-five days from the date of the written notice to obtain the CEC
Commitment and open the Escrow and if Developer fails to obtain CEC Commitment and open the Escrow
during the said thirty-five days the Agency may terminate this Agreement and pursue any other
development project or disposition of the property without liability to the Developer;City Attorney Hull
detailed. Mr. Karem Ali, representative of Target addressed the Public Hearing and responded to
questions posed.
The Mayor/Chairman declared the Joint Public Hearing open. The City Clerk/Secretaryread the affidavit Hrg open
of proof of publication of notice of said hearing published in the Azusa Herald on June 4,2009.Testimony Testimony/none
was solicited but none was received.
Moved by Mayor Pro-Tern Macias,seconded by Councilmember Carrillo and unanimously carried to close Hrg closed
the Joint Public Hearing.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.09-050
A FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT Appvg Amend
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET DDA Target
CORPORATION.
Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Director Gonzales offered a Resolution entitled:
A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE Res.09-R31
CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE 2008 Appvg Amend
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT DDA Target
AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION.
Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt. Resolution
passed and adopted by the following vote of the Agency:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT City Council
9:42 P.M. THE CITY COUNCIL RECONVENED AT 9:47 P.M. Recessed
AGENCY SCHEDULED ITEMS Agency Sched
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PSA Youngstrom
REAL PROPERTY LOCATED AT 611 E.LIME AVENUE(YOUNGSTROM) 611 E.Lime
Approved
Moved by Director Gonzales, seconded by Director Carrillo and unanimously carried to approve the
Purchase and Sale Agreement("PSA")for the acquisition of real property located at 611 E.Lime Avenue,
commonly known as Los Angeles County Assessor's Parcel Number 8612-001-040("Subject Property").
Director Gonzales offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res.09-R32
PURCHASE AND SALE AGREEMENT WITH JAMES A.YOUNGSTROM FOR THE PURCHASE PSA 611 E.Lime
OF 611 E. LIME AVENUE IN ITS ENTIRETY WITHIN THE ME5RGED CENTRAL BUSINESS Avenue
DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA.
Moved by Director Gonzales, seconded by Director Carrillo to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PSA Castruita
REAL PROPERTY LOCATED AT 610 E.el STREET(CASTRUITA) 610 E.6t1 St.
Approved
Moved by Director Gonzales, seconded by Director Carrillo and unanimously carried to approve the
Purchase and Sale Agreement("PSA")for the acquisition of real property located at 610 E.6TH Street,
commonly known as Los Angeles County Assessor's Parcel Number 8612-001-018("Subject Property").
Director Gonzales offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res.09-R33
PURCHASE AND SALE AGREEMENT WITH ERNEST CASTRUITA AND ELENA B.CASTRUITA PSA 610 E.Sixth
FOR THE PURCHASE OF 610 E. SIX5H STREET IN ITS ENTIRETY WITHIN THE MERGED Street
CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA.
Moved by Director Gonzales, seconded by Director Carrillo to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF THE PSA Castruita
REAL PROPERTY LOCATED AT 670 E.6TH STREET(CASTRUITA) 670 E.6"'St.
Approved
Moved by Director Gonzales, seconded by Director Carrillo and unanimously carried to approve the
Purchase and Sale Agreement("PSA")for the acquisition of real property located at 670 E.6TH Street,
commonly known as Los Angeles County Assessor's Parcel Number 8612-001-024("Subject Property").
06/15/09 PAGE TWO
Director Gonzales offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res.09-R34
PURCHASE AND SALE AGREEMENT WITH ERNEST CASTRUITA AND ELENA B.CASTRUITA PSA Castruita
FOR THE PURCHASE OF 670 E. SIXTH STREET IN ITS ENTIRETY WITHIN THE MERGED 670 E.6th St.
CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA.
Moved by Director Gonzales, seconded by Director Carrillo to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
The CONSENT CALENDAR consisting of items G-1 through G-3 was approved by motion of Consent Cal.
Director Gonzales,seconded by Director Carrillo and unanimously carried. approved
1. Minutes of the regular meeting of June 1,2009,were approved as written.
Min appvd
2. SPECIAL CALL ITEM. Spec Call
3. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.No.09-R35
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Wants
SPECIAL CALL ITEMS Spec Call Items
REDEVELOPMENT CONSULTING SERVICES FOR FISCAL YEAR 2009/10. Redev Consult sys
Director Gonzales addressed item regarding the Redevelopment Consulting Services for Fiscal Year Gonzales
2009/10, asking why the current consultants were disqualified. Economic Development Director Comments
Christianson responded detailing the conflict of interest that occurred between the current consultants and
another bidder and noted that if they weren't disqualified it wouldn't have changed the outcome of the
selection of consultants. City Attorney Hull responded to questions regarding bids stating that often bids
are rejected for irregularities and when a consultants signs two separate bid forms, it is no longer an
independent bid and a potential conflict of interest, she detailed. Economic Development Director
Christianson and Executive Director Delach responded to questions posed by Directors regarding the final
bid process and the Urban Futures proposals submitted last year,he noted they were in attendance for
further questions,if needed.
Moved by Director Hanks, seconded by Director Macias and carried to approve Urban Futures, Inc. Redevelopment
("Urban Futures")to provide real estate advisory and as-needed redevelopment consulting services in Services
conjunction with the Agency's FY 2009/10 economic development program,and authorize the Executive Urban Futures,
Director to execute the City's standard professional services agreement. Director Gonzales dissenting. Inc
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:47 P.M.
SECRETARY
NEXT RESOLUTION NO. 09-R36.
06/15/09 PAGE THREE
( (-47-Thr 4.<>
eA 4
US
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREAS R
,-" co--7,Z.--e- s—
DATE: JULY 7, 2009
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S
STATEMENT OF CASH BALANCES FOR THE MONTH OF MAY 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 May 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 May 2009. Agency investments are made
in accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 08-R41 dated October 6, 2008, 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 decreased by $4,240,974.11. Cash received totaled
$1,001,592.89, and disbursements of$5,242,567.00 were made.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of$16,917,222.03,Wells Fargo Bank,the fiscal agent,held$12,694,872.90 on behalf of
the Agency. These funds are restricted for payment of debt service on the bonds and special bond-
funded projects. The remaining $4,222,349.13 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 J.Jara,Sr.Acct.-Redevelopment
MH:RJJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT COST BALANCES
MAY 2009
Beginning Cash Balance $21,158,196.14
(All Restricted and Unrestricted Accounts&Investments)
Receipts(All Sources) 1,001,592.89
Disbursements (5,242,567.00)
Ending Cash Balance $16,917,222.03
(All Restricted and Unrestricted Accounts&Investments)
/ ,----
Mar neat amilton,Agency easurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
MAY 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 $1,273,823.25 FDIC up to $100,000.00 Ongoing 0.000% $1,273,823.25
>$100,000 collaterized by 110% in govn't securities
Local Agency Investment Fund (LAIF) $20,000,000.00 2,948,525.88 Backed by faith &credit of the State of California Ongoing 1.530% 2,953,920.30
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $4,222,349.13
$4,227,743.55
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
AIM Gov't Portfolio No limit 20.64 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 20.64
2003A Interest Account
AIM Gov't Portfolio No limit 0.02 Investments in direct obligations of the U.S. Treasury Ongoing 0.000% 0.02
2003A Principal Account
AIM Gov't Portfolio No limit 162.21 Investments in direct obligations of the U.S.Treasury Ongoing 0.074% 162.21
2003A Reserve Account
AIM Gov't Portfolio No limit 1,086,018.38 Investments in direct obligations of the U.S.Treasury Ongoing 0.050% 1,086,018.38
2003 Merged Project Tax Allocation Bonds Subtotal: $1,086,201.25 $1,086,201.25
Interest Collections: $65.24
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt No limit $261.21 N/A Ongoing 0.000% $261.21
2005 Interest Account
Wells Fargo Advantage Gov't Mmkt No limit 3.32 N/A Ongoing 0.000% 3.32
2005 Redevelopment Fund
AIM Institutional Prime-Cash Mgmt/MMk No limit 50,346.32 N/A Ongoing 0.190% 50,346.32
2005 Reserve Account
Wells Fargo Advantage Gov't Mmkt No limit 869,266.32 N/A Ongoing 0.010% 869,266.32
2005 Merged Project Tax Allocation Bonds Subtotal: $919,877.17 $919,877.17
Interest Collections: $18.19
2007A Merged Project Tax Allocation Bonds
2007A Bond Fund
Wells Fargo Advantage 100% Treasury Mmkt No limit $0.78 N/A Ongoing 0.000% $0.78
2007A Interest Account
Wells Fargo Advantage 100% Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007A Principal Account
Welts Fargo Advantage 100% Treasury Mmkt No limit $83.53 N/A Ongoing 0.000% $83.53
2007A Redevelopment Fund
Wells Fargo Advantage 100% Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007A Merged Project Tax Allocation Bonds Subtotal: $84.31 $84.31
Interest Collections: $0.02
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
MAY 2009
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
20070 Merged Project Tax Allocation Refunding Bonds
2007B Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $10.88 N/A Ongoing 0.000% $10.88
2007B Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2007B Principal Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $19.65 N/A Ongoing 0.000% $19.65
2007B Reserve Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit 325,042.50 N/A Ongoing 0.010% 325,042.50
200713 Merged Project Tax Allocation Bonds Subtotal: $325,073.03 $325,073.03
Interest Collections: $2.67
2008A Merged Project Tax Allocation Bonds
2008A Bond Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2008A Interest Account
Wells Fargo Advantage 100%Treasury Mmkt No limit $0.84 N/A Ongoing 0.000% $0.84
2008A Reserve Fund FDIC up to$100,000.00
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 $300.11 '$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 300.11
2008A Cost of Issuance Account
Wells Fargo Advantage 100%Treasury Mmkt No limit 4,356.54 N/A Ongoing 0.000% $4,356.54
2008A Redevelopment Fund
Wells Fargo Advantage 100%Treasury Mmkt No limit $3,942,105.50 N/A Ongoing 0.010% $3,942,105.50
2008A Merged Project Tax Allocation Bonds Subtotal: $4,602,003.75 $4,602,003.75
Interest Collections: $32.49
2008B Merged Project Tax Allocation Housing Bonds
2008B Bond Fund
Wells Fargo Advantage Government Mmkt No limit $0.00 N/A Ongoing 0.000% $0.00
2008B Interest Account
Wells Fargo Advantage Government Mmkt No limit $145.51 N/A Ongoing 0.000% $145.51
20080 Reserve Fund FDIC up to$100,000.00
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 $3,394.21 >$100,000 collaterized by 110%in govn't securities Ongoing 0.000% 3,394.21
20086 Cost of Issuance Account
Wells Fargo Advantage Government Mmkt No limit 0.00 N/A Ongoing 0.000% $0.00
2008B Low&Moderate Income Housing Fund
Wells Fargo Advantage Government Mmkt No limit $4,634,611.17 N/A Ongoing 0.010% 4,634,611.17
20086 Merged Project Tax Allocation Bonds Subtotal: $5,761,633.39 $5,761,633.39
Interest Collections: $0.33
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $12,694,872.90 $12,694,872.90
Total-Azusa Redevelopment Agency
Cash and Investments: $16,917,222.03 $16,922,616.45
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
MAY 2009
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value*
Total Interest Collections: $118.94
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.
OF
Illm.11.1 .1111.m.11111111.mm1111111111111m1.111"1"ImIll".1111.111111c1111111ird." f
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTORArk0
DATE: JULY 7, 2009
SUBJECT: MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES
MAY BE FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING
FUND(20% SET ASIDE)
RECOMMENDATION
It is recommended that the Agency Members adopt a Resolution making a finding that the planning
and administrative expenses to be funded from the low-to-moderate income housing fund in fiscal
year 2009/10 are necessary for the production, improvement or preservation of the community's
supply of low and moderate income housing.
BACKGROUND
California Redevelopment Law ("CRL") allows redevelopment agencies to use low-to-moderate
income housing funds(20%set-aside)to pay for certain administrative and planning costs associated
with the production,improvement,and/or preservation of affordable housing. To do this,an annual
determination indicating that these incurred expenses are necessary and directly related to low-to-
moderate-income housing programs, is required.
In the last several years, the Agency has initiated various housing programs benefiting low- and
moderate-income families. In 1991/92,a housing rehabilitation program benefiting owner-occupied
homeowners was initiated,generating additional planning and administrative costs including Agency
staff time, contractual employees,and miscellaneous supplies. This program will continue through
2009/10, and includes minor rehabilitation grants and major rehabilitation loans funded by federal
CDBG, HOME and 20% Set-Aside funds. To date, over $4.6M in housing rehabilitation
improvements has been completed since 1991/92.
The Agency is required to develop and maintain replacement housing per the California Health and
Safety Code. In the last fifteen years,the Agency assisted construction of(4)new single family units
•
Honorable Chairperson and Agency Members
Making a Finding that Planning and Administrative Expenses May Be Funded From The Low-to-Moderate Income
Housing Fund(20%Set-Aside)
Page 2 of 2
July 7,2009
at 6th Street and Alameda; the construction of(3) new single family homes at 9th and Azusa; the
substantial rehabilitation of an affordable home at 918 N. Azusa; construction of(43) affordable
single family units by Harlan Lee; the (20) affordable housing units completed at 600 N. Cerritos;
substantial rehabilitation of(30) rental units for very low income seniors; and a homeless shelter
funded with private and federal emergency shelter funds. The Agency also facilitated a TEFRA
agreement between the City and Azusa Pacific University to retain 62 low-to-moderate income rental
units within the City until 2015. Monitoring compliance of the first time home buyer program,the
rental programs, and processing loan subordination requests for these restricted units will continue
though 2009/10.
In 2007/08,the Agency enacted a new Down Payment Assistance Program(DPAP). The purpose of
the DPAP is to provide Azusa residents, in particular those members of the community that
contribute to the vitality of the City,the opportunity to purchase an affordable home within the City.
The DPAP provides deferred loans up to $140,000 to low-to-moderate income households. In
2008/09, 7 loans were processed. In 2009/10, an estimated 5 loans will be processed.
In 2008/09, the Agency began acquiring blighted and deteriorated rental housing in the southeast
portion of the City. To date, 8 properties have been acquired. In 2009/10,the Agency will acquire
additional properties to assemble a site(s)for a quality low-to-moderate income housing project(s).
Finally, the Agency continues to monitor its housing production and replacement obligations,
participate in general plan and housing element updates/revisions, report annual housing
accomplishments as required by the State of California Housing and Community Development,issue
bonds and coordinate debt service requirements,and administer the 20%set aside housing funds. In
2009/10,the Agency will continue to assist in completing the Housing Element update,and identify
possible affordable housing project opportunities.
FISCAL IMPACT
These projects, which create, preserve, and improve the City's low and moderate income housing
supply, are expected to incur 20% of the Agency's administrative costs in 2009/10 for staff time,
legal fees,appraisals,and other non-project specific administrative costs,all of which are eligible for
payment from the low-to-moderate income housing fund. Using low-to-moderate income housing
funds allows a like amount of net tax increment to be utilized for other, more flexible purposes.
These administrative costs were appropriated and adopted in the 2009/10 Budget.
Prepared by: Roseanna J. Jara, Sr.Accountant-Redevelopment
AK:RJJ/cs
Attachment: Resolution
U:\W PROC\CORRESPO\AGENDA\LOWMODADMI N ITM.DOC
•
• RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING A
FINDING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED FROM THE
LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION,
IMPROVEMENT OR PRESERVATION OF THE COMMUNITY'S SUPPLY OF LOW AND MODERATE
INCOME HOUSING
WHEREAS, the Redevelopment Agency of the City of Azusa is authorized by Section 33334.3 of the Health and
Safety Code to use a portion of its low and moderate income housing funds to pay for planning and general administrative costs
which are directly related to the provision of housing assistance in accord with Section 33334.2 of the Health and Safety Code;
and
WHEREAS, the Agency has engaged in a number of projects consistent with said Section 33334.2 to increase,
improve, and preserve low-to-moderate income housing and the Agency reasonably expects to continue such activity in accord
with the proposed budget for 2009/10; and
'WHEREAS, the Agency expects to expend staff time and resources to carry out the projects and programs listed in
Exhibit A attached hereto; and
WHEREAS, Section 33334.3 requires the Agency to make an annual finding that the planning and administrative
expenses are reasonable given the expected level of activity for low and moderate income housing projects;
NOW THEREFORE BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of
Azusa:
Section 1. Pursuant to the requirements of Section 33334.2 of the Health and Safety Code,the Agency Members
hereby find and determine that the reasonable allocation of Agency staff expenses directly related to the production,
rehabilitation, or preservation of low and moderate income housing in accord with Exhibit A attached is as follows:
For Fiscal Year 2009/10: 20% of Administrative Costs
Section 2. The Agency asserts that,in the event of substantial changes in project activity,it will reevaluate the
allocations and only assess the low and moderate income housing fund for that portion of administrative expenses which are
reasonably related to the purposes allowable under law.
Section 3. The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND ADOPTED this day of ,2009.
Chairperson
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
EXHIBIT A
LOW/MOD HOUSING PROJECTS
Fiscal Year 2009/10
Housing Rehabilitation/HOME Programs — Oversee implementation of housing rehabilitation programs,
including but not limited to monitoring consultants,meeting with homeowners and contractors,processing demands
for payment and preparing compliance data.
Low-to-Moderate Income Housing Monitoring Project—Monitor compliance for twenty-one(21)restricted low-
to-moderate income single family housing units; sixty-four(64)restricted low-to-moderate income rental units;and
thirty(30) very low income senior rental units for continued compliance.
Down Payment Assistance Program—Oversee implementation of the Down Payment Assistance Program(DPAP)
to provide Azusa residents, in particular those members of the community that contribute to the vitality of the City,
deferred down payment assistance loans for up to$140,000 to purchase affordable homes within the City. The goal
of the DPAP is to provide assistance to approximately five (5)households in FY 2009/10.
Administration — Track 20% set aside tax increment receipts; coordinate outstanding debt funded with low-to-
moderate income housing funds; provide continuing bond disclosure for housing tax allocation bonds; prepare
subordination agreements as necessary for single family homeowners;prepare the annual State Controller's Report,
independent financial statement, and the annual HCD housing report.
Housing Element—Work in conjunction with City Planning staff to update and implement a functional Housing
Element as part of the overall General Plan Update, and endeavor to meet housing production and replacement
obligations.
Redevelopment Housing Projects—Complete site assembly and pursue and negotiate development of a quality
affordable housing development in the southeast portion of the City.
Miscellaneous—Identify and actively pursue and promote housing project opportunities benefiting low-to-moderate
income households.
J ,
WARRANT REGISTER NO.21
00
FISCAL YEAR 2008-09
WARRANTS DATED 05/16/09 THROUGH 05/31/09
FOR REDEVELOPMENT AGENCY MEETING OF 07-07-09
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:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 12,869.88
80-125-CBD CAPITAL PROJECTS FUND 79,937.87
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 7,889.65
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 100,697.40
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 06/29/.09 OPEN HOLD DB LISTING By Person/Entity N r e Pae 1
J[N 29, 2009, 2:31 ASI --req: ROSE leg: GL JL---lcc: BI-TEEH---job: 673121 #J2509---pgrn: CH400 <1.34> rpt id: CHFLTR02
SELECT FMD Codes: 80-82 ; check Issue Dates: 051609-053109
PE ID PE Harts ACCOLNT N.P. / JOB UMBER Invoice NuI±er I scripticn St Disc. A i t. Dist. Ant.
V11440 ADUANIAGE GRCUP, 8000000000-2724 59077 FLOC ALMIN/APRIL H) 0.00 8.62
PEll) Uraid: 0.00
PPaaiid: 8.62
Total: 8.62
V00270 AMENS SERVICES 8010125000-6625/505800-6625 363326000 363326000/858N A PD 0.00 542.63
PEIDd: 0.00
Paid: 542.63
Total : 542.63
V00363 AZUSA CHAMBER OF 8010110000-6630 739 FY 08/09 AZUSA C PD 0.00 3,000.00
PEIDU-�d: 0.00
Paid: 3,000.00
Total : 3,000.00
V01305 AZUSA CITY FED C 8000000000-3035 2610/0901010 PR#l0/09 PD 0.00 272.50
PELDd: 0.00
Paid: 272.50
Total: 272.50
V10487 HANBI D'S 8010125000-7035/650205-7035 00011917 LN-REERIC R/ PD 0.00 7,105.63
FEll) Uiiaid: 0.00
Paaiid: 7,105.63
Total: 7,105.63
V07432 BARR & CLARK ENV 8110155000-6650/505300-6650 19374 FINAL/614N ANSEL PD 0.00 150.00
V07432 PARR & CLARK ENV 8110155000-6650/505300-6650 19334 FINAL/614N ANSEL PD 0.00 250.00
PEIDLhnid: 0.00
Paid: 400.00
Total : 400.00
V06783 CITTSIREET 8000000000-3010 2315/0901010 PR#10/09 PD 0.00 124.71
PEID Lhiid: 0.00
Paid: 124.71
Total : 124.71
City of Azusa HP 9000 06/29/09 OPEN H O LD DB L I S T I N G By Fyson/Entity Nacre Page 2
NELL JU\T 29, 2009, 2:31 FM ---req: ROSE leg: GL JL---loc: BI-TECH---jab: 673121 #32509---ppm: CH400 <1.34> rpt id: OHFLER02
SELECT FUND Godes: 80-82 ; Check Issue Kites: 051609-053109
PE ID PE Narre ACW UVT NUMBER / JOB NUMBER Invoice Number Description St Disc. Amt. Dist. Amt.
V11556 DELTA DEN AL 8000000000-3052 5851053109 DENTAL PPO PREM/ PD 0.00 289.25
PEID Upaid: 0.00
Paid: 289.25
Total: 289.25
V11555 DEL'ICARE USA 8000000000-3052 3029090 DENTAL HND PREM/ PD 0.00 45.21
PEID Lhiid: 0.00
Paid: 45.21
Total: 45.21
V08010 DUKE'S LANLISCAPI 8010125000-6815 4568 MINT REDEV PROP PD 0.00 2,100.01
V08010 LUKE'S LAN( PI 8010125000-6815 4568 FY 08/09 MINT-R PD 0.00 319.99
PPEID Lhaid: 0.00
Paid: 2,420.00
Total: 2,420.00
V00331 FEDERALEXERESS 8110155000-6625/505320-6625 918588380 117052788/LANEIAM PD 0.00 16.55
V00331 FEDERAL EXPRESS 8010125000-6625/505900-6625 918588380 117052788/NEC AZ PD 0.00 16.55
V00331 FEILFRAT, ESS 8110155000-6625/505320-6625 918588380 117052788/600 6T PD 0.00 16.55
V00331 FALE2ESS 8110155000-6625/505320-6625 918588380 117052788/1TLANT PD 0.00 16.55
Phil) ch id: 0.00
Paid: 66.20
Zbtal: 66.20
V11803 HLT INC.,R.B. 8010125000-2745/505825-2745 10085 Contracts Pbl/Cb PD 0.00 -7,552.40
V11803 HLT INC.,R.B. 8010125000-7110/505825-7110 10085 DEMJLITICN/ENV R PD 0.00 75,524.00
PEIDLhieid: 0.00
Paid: 67,971.60
Total : 67,971.60
V05574 IRBT MJ[NI7\ThT RE 8010110000-6493 AED5641AED5649 AED5641-AED5649 PD 0.00 183.13
PEID Unpaid: 0.00
Paid: 183.13
Total: 183.13
City of Azusa HP 9000 06/29/09 OPEN HOLD D B LISTING By PersociEhtity Daae Page 3
NEK JUN 29, 2009, 2:31 PM ---req: ROSE leg: r,T, JL---loc: BI-TECH---job: 673121 #32509---pgn: 0H400 <1.34> rpt id: OHFLIR02
SELECT FUND Godes: 80-82 ; Check Issue Utes: 051609-053109
PE LU PE Narre ACWNT NUMBER / JOB NUMBER Invoice Nh u±er Description St Disc. Pat. Dist. krt.
V00399 L.A. COUNTY FIRE 8010125000-7110/505825-7110 T0005169 REIN/T0354 800- PD 0.00 32.90
PEIU Uriid: 0.00
Paid: 32.90
Total: 32.90
V03126 LINCOLN NATIONAL 8000000000-3010 2325/0901010 PR#10/09 PD 0.00 500.00
PElD Undid: 0.00
Ibiid: 500.00
'Dotal : 500.00
V11719 LOPEZ RAMIREZ RO 8110155000-6650/505300-6650 62713 FINAL/614N ANO-EL PD 0.00 7,440.00
PHIL) Uiid: 0.00
PPaaiid: 7,440.00
Total: 7,440.00
V10322 M & T BANK 8000000000-3010 5199B Lefrd ccnp Pbl/P PD 0.00 489.77
V10322 M & T BANK 8000000000-3010 51909A Cefrd Oirp Pbl/P PD 0.00 650.50
V10322 M & T BANK 8000000000-3010 052809A Fefrd Carp Pbl/P PD 0.00 369.17
PHIU U id: 0.00
Paid: 1,509.44
Total : 1,509.44
V06572 NATIONAL CONSIRU 8010125000-6625/505800-6625 2668647 FNC RNIL-303EALT PD 0.00 1,848.56
PHIU d: 0.00
Paid: 1,848.56
Total : 1,848.56
V08056 STANDARD INISURAN 8000000000-3044 1255/0901010 PR##10/09 PD 0.00 154.76
V08056 STANDARD INSURAN 8000000000-2725 1220/0901010 PR#10/09 PD 0.00 56.55
FETID Uip id: 0.00
Paid: 211.31
'Dotal: 211.31
V11824 URBAN FUTURES IN 8010110000-6610 210111 2008k TAB CtNT D PD 0.00 500.00
V11824 URBAN FUTURES IN 8010110000-6610 210121 2003A TAB CENT D PD 0.00 1,850.00
V11824 URBAN FUTURES IN 8010110000-6610 210121 2005A TAB CINTT D PD 0.00 1,850.00
•
WIN
Azusa HP 9000 06/29/09 OPEN HOLD DB LISTING By P�Entity Nacre Page 4
, JUN 29, 2009, 2:31 PM ---req: ROSE leg: CL JL---lcc: BI-TECH---job: 673121 #J2509---Pyn: 00 <1.34> rpt id: OHFL'IRO2
SELECT FUND Cbdes: 80-82 ; Cork Issue Dates: 051609-053109
PE ID PE Narre ACCCXNT UMBER / JOB NUMBER Invoice Nurbex Description St Disc. Amt. Dist. Aut.
V11824 URBAN FUIURES IN 8010110000-6610 210101 2008B TAB CENT D PD 0.00 500.00
V11824 URBAN FUILIRES IN 8010110000-6610 210101 2007A&B TAB INT PD 0.00 1,850.00
PF;JJ Urpaid: 0.00
Paid: 6,550.00
Total: 6,550.00
V00388 VERI7ON 8010110000-6915 6261975078042809 626-1975078 PD 0.00 22.34
PEIDU id: 0.00
Paid: 22.34
Zbtal: 22.34
V00876WASHING-TEN MJILJ- 8000000000-3010 2335/0901010 PR#10/09 PD 0.00 153.37
I' ,IDd: 0.00
d: 153.37
• Total: 153.37
GRAND TOTALd: 0.00
d: 100,697.40
Total: 100,697.40
I