HomeMy WebLinkAboutAgenda Packet - March 17, 2014 - CCAPPROVED
COUNCIL MEETING
Dace.
WO Wltil A1J fJCA/T;�-,
SCHEDULED ITEMIPUBLIC HEARING
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MARCH 17, 2014
SUBJECT: AMENDMENT TO THE MONROVIA NURSERY DEVELOPMENT
AGREEMENT
RECOMMENDATION
It is recommended that the City Council Open the Public Hearing, receive testimony, close the
Public Hearing and introduce Ordinance No. 14-01, amending the MonroviaNursery Development
Agreement to extend the initial term by nine (9) months.
BACKGROUND
The Rosedale project was originally approved by the City Council on February 3, 2003, and
approved later by Azusa voters on May 4, 2004. A Development Agreement dated May 27, 2004,
was approved as part of the entitlements granted to Monrovia Nursery, which is an important part of
the Rosedale project in that it binds both the Developer and the City to certain commitments that are
important to the project. On February 26, 2014, the Planning Commission voted to recommend that
the City Council amend the Development Agreement to extend the initial base term by 9 months.
A development agreement amendment is proposed to extend the current Monrovia Nursery
Development Agreement between the City of Azusa and Rosedale Land Partners II (Developer) by
an additional nine (9) months. Staff has been negotiating other changes to the Development
Agreement and an extension of time is needed to provide the City and Developer with more time to
finalize those changes. The proposed extension does not amend any of the prior obligations of the
parties and merely extends the base term of ten (10) years by an additional nine (9) months.
The proposed action would not modify the physical attributes or characteristics of the project as
previously analyzed in an Environmental Impact Report (EIR) cen fie by the CRty auncil on
February 4, 2003, and approved by the City (SCH 2002071046). Insofar as no changes are being
made to the previously approved project that would result in a new or substantially greater
significant impact as compared to those identified in the aforementioned EIR, no subsequent CEQA
review is required, as per State CEQA Guidelines section 15162.
CONCLUSION
The Monrovia Nursery Development Agreement was approved for a ten (10) year term, which will
expire in May of 2014. Staff recommends that the Planning Commission recommend to the City
Council the requested amendment to extend the base term of the Development Agreement by nine
(9) additional months.
ATTACHMENTS
February 26, 2014, Planning Commission Staff Report
Draft Ordinance for Adoption
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
REPORT TO THE PLANNING COMMISSION
AGENDA ITEM
F-1
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
VIA: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: FEBRUARY 26, 2014
SUBJECT: AMENDMENT TO THE MONROVIA NURSERY DEVELOPMENT
AGREEMENT
RECOMMENDATION
It is recommended that the Planning Commission recommend to the City Council a nine (9) month
extension of the Monrovia Nursery Development Agreement.
BACKGROUND
The Rosedale project was originally approved by the City Council on February 3, 2003, and
approved later by Azusa voters on May 4, 2004. A Development Agreement dated May 27, 2004,
was approved as part of the entitlements granted to Monrovia Nursery, which is an important part of
the Rosedale project in that it binds both the Developer and the City to certain commitments that are
important to the project.
A development agreement amendment is proposed to extend the current Monrovia Nursery
Development Agreement between the City of Azusa and Rosedale Land Partners II (Developer) by
an additional nine (9) months. Staff has been negotiating changes to the Development Agreement
and an extension of time is needed to provide the City and Developer with more time. The
proposed extension does not amend any of the prior obligations of the parties and merely extends the
term by an additional nine (9) months.
The proposed action would not modify the physical attributes or characteristics of the project as
previously analyzed in an Environmental Impact Report (EIR) certified by the City Council on
February 4, 2003, and approved by the City (SCH 2002071046). Insofar as no changes are being
made to the previously approved project that would result in a new or substantially greater
significant impact as compared to those identified in the aforementioned EIR, no subsequent CEQA
review is required, as per State CEQA Guidelines section 15162.
CONCLUSION
The Monrovia Nursery Development Agreement was approved for a ten year term, which will expire
in May of 2014. Staff recommends that the Planning Commission recommend to the City Council
the requested nine (9) month extension to the term of the Development Agreement.
Attachments:
1. Draft Resolution No. 2014-28
RESOLUTION NO. 2014-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
AZUSA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVAL AND EXECUTION OF AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AZUSA AND
ROSEDALE LAND PARTNERS II
WHEREAS, the City of Azusa ("City") and Monrovia Nursery Company entered into that certain
Development Agreement dated as of May 27, 2004 ("Development Agreement"); and
WHEREAS, the Development Agreement provides for the development of a master planned
community project consisting of over 1,200 residential units, 50,000 square feet of commercial and
various public infrastructure improvements; and
WHEREAS, On August 27, 2004, Monrovia Nursery Company assigned all of its rights, obligations,
title and interest under the Development Agreement to Azusa Land Partners LLC, a Delaware
limited liability company, in accordance with Section 3.6 of the Development Agreement; and
WHEREAS, Azusa Land Partners LLC surrendered all of its rights, obligations, title and interest
under the Development Agreement due to foreclosure, and
WHEREAS, On October 10, 2010 Rosedale Land Partners Il, LLC, a Delaware limited liability
company, obtained all rights, obligations, title and interest of the Development Agreement by
acquiring the subject property pursuant to a Trustee's Deed dated October 1, 2010, pursuant to
Section 3.6 of the Development Agreement; and
WHEREAS, the Development Agreement is set to expire within ten years of the Effective Date of
the Development Agreement — May 27, 2014; and
WHEREAS, Owner has requested that the term of the Development Agreement be extended; and
WHEREAS, the City and Owner are currently negotiating a long-term extension of the Development
Agreement as well as substantive amendments to adjust the rights and responsibilities of the City
and Owner; and
WHEREAS, the City desires to enter into an amendment to the Development Agreement to extend
the term of the Development Agreement for nine months in order to allow sufficient time to
conclude negotiations and bring those negotiated amendments to the City Council for approval as it
will be in the best interest of the City and the public interest to do so; and
WHEREAS, pursuant to Government Code, Sections 65867 and 65868, the Planning Commission
must conduct a duly noticed public hearing to consider the proposed amendment to the Development
Agreement; and
Resolution No. 2014-28
February 26, 2014
Page 2 of 3
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff
report presented during the public hearing for the proposed amendment to the Development
Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Based on the entire record before the Planning Commission, all written and
oral evidence presented to the Planning Commission, and the findings made in the staff report and
this Resolution, the Planning Commission of the City of Azusa hereby recommends that the City
Council adopt the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF
AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF AZUSA AND ROSEDALE LAND PARTNERS II," which is attached hereto as Attachment
"A" and incorporated herein by reference.
SECTION 2: The Planning Commission finds that the proposed amendment to the
Development Agreement is in the public interest and reasonably related to the public welfare
because it will provide a limited amount of additional time for the City and Developer to negotiate
additional terms and conditions for future development of the "Rosedale/Monrovia Nursery" Project.
SECTION 3:. The Planning Commission also finds that adoption of the proposed amendment
to the Development Agreement is consistent with the City of Azusa General Plan. The proposed
amendment does not alter the previously -approved development standards for the
"Rosedale/Monrovia Nursery" Project, whether under the General Plan, applicable Specific Plan,
Zoning Code, or the Development Agreement. Except for extending the term by nine months, all
terms and conditions of the Development Agreement would remain in force and effect. For these
reasons, the proposed amendment furthers the objectives and policies of each element of the General
Plan and does not obstruct their attainment.
SECTION 4: The ordinance to approve an amendment to the Development Agreement is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
because the activity, which merely involves extending the term of the Development Agreement for
nine additional months, will not result in a direct or reasonably foreseeable indirect physical change
in the environment; and 15060(c)(3) because the activity is not a project as defined in Section 15378
of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5: The Secretary shall certify to the adoption of this resolution.
APPROVED AND ADOPTED by the members of the Planning Commission of Azusa this 26th
day of February, 2014.
Resolution No. 2014-28
February 26, 2014
Page 3 of 3
AZUSA PLANNING COMMISSION CHAIRPERSON
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 26th day of February,
2014, by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
AZUSA PLANNING COMMISSION SECRETARY
Attachment "A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING AND AUTHORIZING
EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND
ROSEDALE LAND PARTNERS II
[Attached]
LIN
ORDINANCE NO. 14-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF AZUSA AND ROSEDALE LAND PARTNERS
II, LLC
WHEREAS, the City of Azusa ("City") and Monrovia Nursery Company entered into
that certain Development Agreement dated as of May 27, 2004 ("Development Agreement");
and
WHEREAS, the Development Agreement provides for the development of a master
planned community project consisting of 1,250 residential units, commercial space and various
public and infrastructure improvements; and
WHEREAS, on August 27, 2004, Monrovia Nursery Company assigned all of its rights,
obligations, title and interest under the Development Agreement to Azusa Land Partners, LLC, a
Delaware limited liability company, in accordance with Section 3.6 of the Development
Agreement; and
WHEREAS, Azusa Land Partners, LLC surrendered all of its rights, obligations, title
and interest under the Development Agreement due to foreclosure; and
WHEREAS, on October 10, 2010, Rosedale Land Partners II, LLC, a Delaware limited
liability company, obtained all rights, obligations, title and interest of the Development
Agreement by acquiring the subject property pursuant to a Trustee's Deed dated October 1,
2010, pursuant to Section 3.6 of the Development Agreement; and
WHEREAS, the Development Agreement is set to expire within ten years of the
Effective Date of the Development Agreement; and
WHEREAS, Owner has requested that the term of the Development Agreement be
extended; and
WHEREAS, City and Owner are currently negotiating a long-term extension of the
Development Agreement as well as substantive amendments to adjust the rights and
responsibilities of the City and Owner; and
WHEREAS, the City desires to amend the Development Agreement to extend the term
by nine (9) months in order to allow sufficient time to conclude negotiations and bring those
negotiated amendments to the City Council for approval, as it will be in the best interest of the
City and the public interest to do so; and
WHEREAS, the amendment to the Development Agreement is consistent with the City
of Azusa General Plan and the Rosedale Specific Plan and contains all necessary elements
required by Government Code section 65864 et seq. and Section Division 14 of the City of
Azusa Municipal Code; and
WHEREAS, on February 26, 2014, the City Planning Commission held a duly noticed
public hearing on the proposed amendment to the Development Agreement, and by Resolution
No. 2014-02 recommended to the City Council approval of the proposed amendment; and
WHEREAS, on March 17, 2014, the City Council of the City of Azusa conducted a
public hearing pursuant to Government Code Section 65867, notice of which was provided in
accordance with Government Code Section 65090 and 65091, at which hearing all persons
wishing to testify in connection with the proposed amendment to the Development Agreement
were heard and at which the amendment to the Development Agreement was comprehensively
reviewed; and
WHEREAS, the City Council of the City of Azusa reviewed and studied the amendment
to the Development Agreement and found it to comply with the California Environmental
Quality Act ("CEQA") as more fully described below.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Based on the entire record before the City Council of the City of Azusa
("Council") and all written and oral evidence presented to the Council, the Council finds the First
Amendment to the Development Agreement attached here to as Exhibit "A" ("First
Amendment") is consistent with the General Plan of the City of Azusa ("General Plan") and the
Rosedale Specific Plan and systematically implements -the goals and objectives of the General
Plan and Rosedale Specific Plan.
A. The First Amendment is consistent with the objectives, policies, general
land uses and programs specified in the General Plan and the Rosedale Specific Plan.
B. The First Amendment will not be detrimental. to the health safety and
general welfare of persons residing in the immediate area nor be detrimental or injurious to the
general welfare of the residents of the City as a whole.
C. The First Amendment will not adversely affect the orderly development of
property or the preservation of property values.
D. The First Amendment is consistent with the provisions of Government
Code sections 65864 through 65869.5 and Division 14 of the Azusa Municipal Code.
SECTION 2. Based on the entire record before the Council and all written and oral
evidence presented to the Council, the Council hereby finds and determines, that it can be seen
with certainty that adoption of this Ordinance and approval of the First Amendment will not have
2
a significant adverse effect on the environment. Thus, the adoption of this Ordinance and
approval of the First Amendment is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA
Guidelines. Staff is directed to file a Notice of Exemption with the Los Angeles County
Recorder's Office within five (5) working days of adoption of this Ordinance. finds the
Agreement complies with CEQA for the following reasons:
SECTION 3. The Council hereby approves the First Amendment in substantially the
form presented to the Council, together with such additions favoring the City and non -
substantive revisions as may be approved by both the City Manager and the City Attorney during
execution of the First Amendment.
SECTION 4. The City Manager is hereby authorized to execute the First Amendment
on behalf of the City and City staff is authorized to take any action and execute any and all
necessary documents to implement the First Amendment.
SECTION 5. The City Clerk is directed to record the First Amendment with the Los
Angeles County Recorder, no later than 10 days after the First Amendment is fully executed.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
SECTION 7. A summary of this Ordinance shall be published in the manner required by
law.
PASSED, APPROVED and ADOPTED this 7t" day of April, 2014.
ATTEST:
J� re m _ cc Cornej o, Jr.
City Clerk
3
- A11�11 /Z/Z
()scjyli Romero Rocha
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 14-01, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on 17`h day of March,
20I4 and that thereafter, said Ordinance was drily adopted and passed at a regular meeting of the
Azusa City Council on the 7th day of April, 2014 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
r'
1LeffF6r4&1 nee Cornejo, r-.
City Clerk
4
EXHIBIT "A"
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
[Attached behind this page]
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO -
City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: City Manager
Exempt from filing fees — Gov't Code §6103
(Space above for Recorder's use only)
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "First
Amendment") is dated as of April 7, 2014, and is being entered into by and among the
City of Azusa, a California municipal corporation ("City"), and the City of Azusa Light
and Water Department ("ALW") (jointly referred to as the "City") and Rosedale Land
Partners II, LLC, a Delaware limited liability company ("Owner"), with reference to the
following facts.-
A.
acts:A. City and Monrovia Nursery Company, a California corporation, entered
into that certain Development Agreement between City and Owner's predecessor in
interest dated as of May 27, 2004, and recorded on July 29, 2004, in the Official
Records of Los Angeles County as Document No. 04-1952514, ("Development
Agreement"), covering that certain property more particularly described in the
Development Agreement.
B. The Development Agreement provides for the development of a master
planned community project consisting of 1,250 residential units, commercial space and
various public and infrastructure improvements
C. On August 27, 2004, Monrovia Nursery Company assigned all of its
rights, obligations, title and interest under the Development Agreement to Azusa Land
Partners, LLC, a Delaware limited liability company, in accordance with Section 3.6 of
the Development Agreement; and
D. Azusa Land Partners, LLC surrendered all of its rights, obligations, title
and interest under the Development Agreement due to foreclosure; and
E. On October 10, 2010, Rosedale Land Partners II, LLC, a Delaware
limited liability company, obtained all rights, obligations, title and interest of the
Development Agreement by acquiring the subject property pursuant to a Trustee's
Deed dated October 1, 2010, pursuant to Section 3.6 of the Development Agreement;
and
F. The Development Agreement is set to expire within ten years of the
Effective Date of the Development Agreement, which is May 27, 2014.
G. Owner has requested that the term of the Development Agreement be
extended pursuant to Section 3.5 of the Development Agreement. City and Owner are
currently negotiating a long-term extension of the Development Agreement as well as
substantive amendments to adjust the rights and responsibilities of the parties.
H. The parties desire to amend the Development Agreement to extend the
term by nine (9) months in order to allow sufficient time to conclude negotiations and
bring those negotiated amendments to the City Council for approval. Nothing set forth
herein shall amend or affect the additional five year extension of the Development
Agreement pursuant to the last paragraph of Section 3.5.
I. All capitalized but undefined terms used herein shall have the same
meaning as set forth in the Development Agreement.
J. On February 26, 2014, the City Planning Commission held a duly noticed
public hearing on this First Amendment and by Resolution No. 2014-02 recommended
to the City Council approval of this Amendment.
K. On March 17, 2014, the City Council held a duly noticed public hearing
on this First Amendment. On April 7, 2014, the City Council adopted Ordinance No.
04-01, approving this First Amendment and affirming the findings required under
Government Code Section 65867.5 for approval of this First Amendment.
NOW, THEREFORE, in consideration of the mutual terms and conditions
contained herein, the parties agree to amend the Development Agreement as follows:
1. Effective Date. This First Amendment shall become effective on the date
on which all of the following are true: (i) this First Amendment has been executed by
Owner's duly authorized officers and officials and delivered to the City; (ii) this First
Amendment has been approved by ordinance of the City Council of the City of Azusa
and such ordinance has become effective; and (iii) this First Amendment has been
duly executed by the Mayor and delivered to Owner. Notwithstanding the above, the
"Effective Date", for purposes of the Development Agreement, shall remain as defined
in Section 3.1.9 of the Development Agreement.
2. Recordation. The City and Owner hereby consent to the recordation of
this First Amendment in the Official Records of Los Angeles County, California at any
time following the effective date of this First Amendment.
3. Amendment to Section 3.5. The first and second paragraphs of Section
3.5 of the Development Agreement are hereby amended to read as follows:
"3.5. Term. The term ("Term") of this Agreement shall commence on the
Effective Date and shall continue until February 27, 2015; unless terminated sooner
pursuant to a specific provision of this Agreement. The Term of this Agreement shall
be extended for one (1) additional five (5) year period following the expiration of the
initial period provided above upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred
twenty (120) days before the expiration of the initial period that the Owner desires to
extend this Agreement for the additional five (5) -year period;
4. This First Amendment may be executed in any number of identical
counterparts, each of which shall be deemed to be an original, and all of which
together shall be deemed to be one and the same instrument when each party has
signed one such counterpart.
5. Not later than ten (10) days following the Effective Date of this First
Amendment, the City Clerk shall record this First Amendment with the Los Angeles
County Recorder's Office.
6. Other than as set forth herein, all of the terms and conditions of the
Development Agreement shall remain in full force and effect. To the extent of any
inconsistency between the terms and conditions of this First Amendment and the
Development Agreement, the terms and conditions of this First Amendment shall
control.
[Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment as of the date and year first written above.
CITY
City of Azusa
By.
Jannes W. Makshanoff
City Manager
Date: (4 1 7 1 ZD 144
ATTEST:
B4:�4e�/awrence C�orne ,
City Clerk
APPROVED AS TO FORM:
By: ---- - - �--�
BestBest & Krreg re LL LLP
City Attorney '
Date: 41' 1 '
OWNER
ROSEDALE LAND PARTNERS II, LLC
A Delaware limited liability company
CDG ROSEDALE INVESTMENT, LLC
a Delaware limited liability company
Its Administrative Member
By: 6i w ---
Cf i�',•si-D -�Ft� � lGas
Its: G -,
Date:�_��
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss -
COUNTY
ss.COUNTY OF LOS ANGELES )
On 4&-i I / -� �, 20_Lq before me, J1. J- f%P-r1�-ct i,t_d.Q 2 notary
public, personally appeared --1&. kvie -v; . Mq kc,,k o ,who proved
to me on the basis of satisfactory evidence to be the person(() whose name(s-) is/ate
subscribed to the within instrument and acknowledged to me that he/shaAb.ey
executed the same in his/be#their authorized capacity(+Q-&), and that by his/4efM ear
signature(s) on the instrument the person(; or the entity upon behalf of which the
person('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.
J. V. HERNANDEZ
�'F:3 Commission # 1998874
Z ;-e .i.. Notary Public - Ca,itornia
Z ' Los Angeles County r
My Comm. Expires Nov 22, 2016
l�
SignalOre of Notary Public
N-1
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }
) ss.
COUNTY OF ORANGE )
On AVIL /� , 20 1Y before me, A _ s lkdcold , notary
a
public, personally appeared 6-m"' , who proved
to me on the basis of satisfactory evidence to be the person whose namns)` is/ate
subscribed to the within instrument and acknowledged to me that he/s#e/tf ey
executed the same in his/he i-reir authorized capacity{- ), and that by hislheN#fieil"
signature(,sK6n the instrument the person(K or the entity upon behalf of which the
person(Q/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 of Notary Public
PATRICIA Al EXIS HANSON
Commission # 1888030
i� Notary Public - California D
Orange County
My Comm. Expires May 2, 2014 .
A This page is part of your document - DO NOT DISCARD
20140414059
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Recorded/Filed in Official Records
Recorder's Office, Los Angeles County,
California
04/23/14 AT 08:21AM
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TAXES:
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OTHER:
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PAID:
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
Jeffrey Lawrence Cornejo, Jr.
City Clerk
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
1111311
*20140414059*
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLES)
First Amendment to the Monrovia Nursery Development Agreement.
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO
City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: City Manager
Exempt from filing fees — Gov't Code §6103
(Space above for Recorder's use only)
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "First
Amendment") is dated as of April 7, 2014, and is being entered into by and among the
City of Azusa, a California municipal corporation ("City"), and the City of Azusa Light
and Water Department ("ALW") (jointly referred to as the "City") and Rosedale Land
Partners II, LLC, a Delaware limited liability company ("Owner"), with reference to the
following facts:
A. City and Monrovia Nursery Company, a California corporation, entered
into that certain Development Agreement between City and Owner's predecessor in
interest dated as of May 27, 2004, and recorded on July 29, 2004, in the Official
Records of Los Angeles County as Document No. 04-1952514, ("Development
Agreement"), covering that certain property more particularly described in the
Development Agreement.
B. The Development Agreement provides for the development of a master
planned community project consisting of 1,250 residential units, commercial space and
various public and infrastructure improvements
C. On August 27, 2004, Monrovia Nursery Company assigned all of its
rights, obligations, title and interest under the Development Agreement to Azusa Land
Partners, LLC, a Delaware limited liability company, in accordance with Section 3.6 of
the Development Agreement; and
D. Azusa Land Partners, LLC surrendered all of its rights, obligations, title
and interest under the Development Agreement due to foreclosure; and
E. On October 10, 2010, Rosedale Land Partners II, LLC, a Delaware
limited liability company, obtained all rights, obligations, title and interest of the
Development Agreement by acquiring the subject property pursuant to a Trustee's
Deed dated October 1, 2010, pursuant to Section 3.6 of the Development Agreement;
and
d
F. The Development Agreement is set to expire within ten years of the
Effective Date of the Development Agreement, which is May 27, 2014.
G. Owner has requested that the term of the Development Agreement be
extended pursuant to Section 3.5 of the Development Agreement. City and Owner are
currently negotiating a long-term extension of the Development Agreement as well as
substantive amendments to adjust the rights and responsibilities of the parties.
H. The parties desire to amend the Development Agreement to extend the
term by nine (9) months in order to allow sufficient time to conclude negotiations and
bring those negotiated amendments to the City Council for approval. Nothing set forth
herein shall amend or affect the additional five year extension of the Development
Agreement pursuant to the last paragraph of Section 3.5.
I. All capitalized but undefined terms used herein shall have the same
meaning as set forth in the Development Agreement.
J. On February 26, 2014, the City Planning Commission held a duly noticed
public hearing on this First Amendment and by Resolution No. 2014-02 recommended
to the City Council approval of this Amendment.
K. On March 17, 2014, the City Council held a duly noticed public hearing
on this First Amendment. On April 7, 2014, the City Council adopted Ordinance No.
04-01, approving this First Amendment and affirming the findings required under
Government Code Section 65667.5 for approval of this First Amendment.
NOW, THEREFORE, in consideration of the mutual terms and conditions
contained herein, the parties agree to amend the Development Agreement as follows:
1. Effective Date. This First Amendment shall become effective on the date
on which all of the following are true: (i) this First Amendment has been executed by
Owner's duly authorized officers and officials and delivered to the City; (ii) this First
Amendment has been approved by ordinance of the City Council of the City of Azusa
and such ordinance has become effective; and (iii) this First Amendment has been
duly executed by the Mayor and delivered to Owner. Notwithstanding the above, the
"Effective Date", for purposes of the Development Agreement, shall remain as defined
in Section 3.1.9 of the Development Agreement.
2. Recordation. The City and Owner hereby consent to the recordation of
this First Amendment in the Official Records of Los Angeles County, California at any
time following the effective date of this First Amendment.
3. Amendment to Section 3.5. The first and second paragraphs of Section
3.5 of the Development Agreement are hereby amended to read as follows:
"3.5. Term. The term ("Term") of this Agreement shall commence on the
Effective Date and shall continue until February 27, 2015, unless terminated sooner
pursuant to a specific provision of this Agreement. The Term of this Agreement shall
be extended for one (1) additional five (5) year period following the expiration of the
initial period provided above upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred
twenty (120) days before the expiration of the initial period that the Owner desires to
extend this Agreement for the additional five (5) -year period;
4. This First Amendment may be executed in any number of identical
counterparts, each of which shall be deemed to be an original, and all of which
together shall be deemed to be one and the same instrument when each party has
signed one such counterpart.
5. Not later than ten (10) days following the Effective Date of this First
Amendment, the City Clerk shall record this First Amendment with the Los Angeles
County Recorder's Office.
6. Other than as set forth herein, all of the terms and conditions of the
Development Agreement shall remain in full force and effect. To the extent of any
inconsistency between the terms and conditions of this First Amendment and the
Development Agreement, the terms and conditions of this First Amendment shall
control.
[Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment as of the date and year first written above.
CITY
City of Azusa
By:
mes W. kshanoff
City Manager
Date: LI -, 2,
ATTEST:
ce CorAeiolJr1
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Kruger L P
City Attorney ,,
Date: _ 4- 1- 11
OWNER
ROSEDALE LAND PARTNERS II, LLC
A Delaware limited liability company
CDG ROSEDALE INVESTMENT, LLC
a Delaware limited liability company
Its Administrative Member
By: �f
.f�I's f�rr�
Its: -s "Q
Date: I"r i
Ro
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss -
COUNTY
ss.COUNTY OF LOS ANGELES )
Ona4p,�. `�_ __ 20� before me, 1 •der c, u r�•� z notary
public, personally appeared JCL kK e.5 W • Mic s kta vL a , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name( is/a-Fe
subscribed to the within instrument and acknowledged to me that he/sb444ey
executed the same in his/her/their authorized capacity(ies), and that by his/4ef4hek
signature(Won the instrument the person(&), 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.
J. V. HERNANDEZ
Commission # 1998814
Notary Public - Ca;ifornia z
Los Angeles County
My Comm. Expires Nov 22. 2016
Signatur of Notary Public
N-1
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
Ar 20/4 before me, -�- -r�'' ;,� �-:-,-,�:,_ :-,,.'�� :: ' ,notary
public, personally appeared --I -`.��r/r�� , who proved
to me on the basis of satisfactory evidence to be the person whose names' is/-arer
subscribed to the within instrument and acknowledged to me that he,4 >- y
executed the same in his/4e4tk 'r authorized capacity(iec4 and that by his/be0their
signature,kgf on the instrument the person.(q), or the entity upon behalf of which the
personXacted, 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.
2668"e.-)
Signature of Notary Public
PATRICIA Al EXIS HANSON
Commission # 1888030
a -aa Notary Public - California z
x �
z Orange County
My Comm. Expires May 2, 2014
-4411,11/
,AZUSA
AGENDA
REGULAR MEETING OF THE CITY COUNCIL,
THE SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY AND
THE PUBLIC FINANCING AUTHORITY
OF THE CITY OF AZUSA
AZUSA AUDITORIUM MONDAY, MARCH 17, 2014
213 EAST FOOTHILL BOULEVARD 7:30 P.M. Regular Meeting
AZUSA CITY COUNCIL
JOSEPH R.ROCHA
MAYOR
EDWARD J. ALVAREZ ANGEL CARRILLO
COUNCILMEMBER COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
MAYOR PRO-TEM COUNCILMEMBER
THERE IS NO CLOSED SESSION SCHEDULED FOR THIS MEETING.
7:30 P.M. -REGULAR MEETING.
NOTICE TO THE PUBLIC FOR REGULAR MEETING
In compliance with Government code Section 54957.5, copies of staff reports or other written
documentation relating to each item of business referred to on the Agenda are in file in the Office of the City
Clerk - 213 E. Foothill Blvd.; copies for public view are in the Azusa City Library - 729 N. Dalton Ave.,
Azusa Police Department Lobby - 725 N. Alameda Ave., and the City of Azusa Web Page
www.ci.azusa.ca.us. Persons who wish to speak during the Public Participation portion of the Agenda or
on a Public Hearing item, 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. Cards submitted after 7:30 P.M will not be accepted.
03/17/2014 - 1 -
1. Call to Order
2. Roll Call
3. Pledge to the Flag
4. Invocation
A. PUBLIC PARTICIPATION
This time has been set aside for persons in the audience to make public comments on items within the
subject matter jurisdiction of the council/agency board that are not listed on this agenda or are listed on
this agenda as an item other than a public hearing item. Members of the audience will have the
opportunity to address the city council/agency board about public hearing items at the time the public
hearing is held. Under the provisions of the Brown Act, the council/agency board is prohibited from taking
action on oral requests, but may refer the matter to staff or to a subsequent meeting. The council/agency
board will respond after public comment has been received. Each person or representative of a group
shall be allowed to speak without interruption for up to five (5) continuous minutes, 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.
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
C. SCHEDULED ITEMS
1. SELECTION OF MAYOR PRO-TEM.
RECOMMENDED ACTION:
Select a Mayor Pro-tem for the period of March, 2014 to March 2015.
2. PUBLIC HEARING — AMENDMENT TO THE MONROVIA NURSERY DEVELOPMENT
AGREEMENT.
RECOMMENDED ACTION:
Open the Public Hearing, receive testimony, close the Public Hearing and introduce Ordinance No.
14-01, amending the Monrovia Nursery Development Agreement to extend the initial term by nine (9)
months; the proposed action would not modify the physical attributes or characteristics of the project
as previously analyzed in an Environmental Impact Report (EIR) certified by the City Council on
February 4, 2003, and approved by the City(SCH 2002071046).
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.
03/17/2014 -2-
1. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF JANUARY 27 AND
FEBRUARY 24, 2014 AND THE REGULAR MEETING OF,MARCH 3,2014.
RECOMMENDED ACTION:
Approve Minutes as written.
2. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 14-C 16 allowing certain claims and demands and specifying the fund out of
which the same are to be paid.
3. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and
applicable Memorandum of Understanding(s).
4. MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. DEPARTMENT OF
HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,
HOMELAND SECURITY INVESTIGATIONS LOS ANGELES DIRECTORATE, AND THE
AZUSA POLICE DEPARTMENT.
RECOMMENDED ACTION:
Approve a Memorandum of Understanding (MOU), between the U.S. Department of Homeland
Security (DHS), Immigration and Customs Enforcement (ICE), Homeland Security Investigations
(HSI) Los Angeles Directorate, and the Azusa Police Department, authorizing the Police Department's
partnership with Homeland Security Investigations (HSI) Los Angeles, in order to conduct joint,
reimbursable, counter-narcotics operations.
5. MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY AND THE CITY OF AZUSA FOR
PARTICIPATION IN THE NATIONAL TRANSIT DATABASE REPORTING.
RECOMMENDED ACTION:
Approve a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan
Transportation Authority (LACMTA) for participation in the National Transit Database (NTD)
reporting.
03/17/2014 - 3 -
6. REQUEST FOR PROPOSALS FOR MAINTENANCE OF FORECLOSED AND
ABANDONED PROPERTIES.
RECOMMENDED ACTION:
Authorize staff to circulate a Request for Proposals (RFP) to solicit an experienced consultant to
initiate and administer a program for the registration of foreclosed and abandoned properties within
the city.
7 RESOLUTION TO APPROVE A ONE-TIME LUMP SUM PAYMENT OF 2.36% TO THE
CITY MANAGER AND CURRENT CONTRACT DEPARTMENT HEADS.
RECOMMENDED ACTION:
Adopt Resolution No. 14-C17 approving of a one-time lump sum cash payment equal to 2.36% of the
base pay for a twelve month period to the City Manager and the current contract Department Heads to
be paid with the first paycheck of the month after approval.
8. RESOLUTION APPROVING SIDE LETTER AGREEMENT WITH THE AZUSA MIDDLE
MANAGEMENT ASSOCIATION PERSONNEL THAT CONTINUES THEIR
MEMORANDUM OF UNDERSTANDING UNTIL JULY 31,2014.
RECOMMENDED ACTION:
Adopt Resolution No. 14-C18, approving a side letter agreement to the Azusa Middle Management
Association(AMMA) Memorandum of Understanding(MOU) that continues their MOU until July 31,
2014.
E. SUCCESSOR AGENCY RELATED BUSINESS
1. REFUNDING OF 2008A TAX ALLOCATION BONDS.
RECOMMENDED ACTION:
Receive and file the report from staff.
F. AZUSA PUBLIC FINANCING AUTHORITY
1. No Items.
03/17/2014 -4-
H. ADJOURNMENT
UPCOMING MEETINGS:
March 24, 2014, Utility Board Meeting—6:30 p.m. Azusa Light&Water Conference Room;
April 7, 2014, City Council Meeting—6:30 p.m. Azusa Auditorium;
April 21, 2014, City Council Meeting—6:30 p.m. Azusa Auditorium.
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.
03/17/2014 - 5 -
oF . .
f � as .
....,.xyx _ �,
'AZUSA`
DECLARATION OF POSTING CITY COUNCIL,
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY,
AND PUBLIC FINANCING AUTHORITY AGENDA
I, yitT'U O\Y' j. declare that:
I am an employee of the City of Azusa.
On MG1 'C'M \ 619-014- I posted copies of the Agenda, as stated above for
the meeting of Mt\r1M 1'I '1.-p 4- , in the City Clerk's Office, 213 E. Foothill Blvd.;
the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill
Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page
www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached
hereto.
I completed posting of the agendas as described in Paragraph two, at 4 0'rri on
the date of posting.
Access to the agenda posted in the lobby of the Police Department and the Azusa City Library
reference desk is available to members of the public during their normal business hours.
The foregoing is within my personal knowledge and if called as a witness in a court of law, I
could testify competently thereto.
I declare under penalty of perjury that the forgoing is true and correct.
EXECUTED jAm 1/91 2-0 \+ , at Azusa, California.
STAFF MEM;ER
CITY CLERK'S OFFICE
CITY OF AZUSA
APPROVED
COUNCIL MEETING I
Date, �)I'1 i IQ' ,ars --
126901- eivyrut
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riiirook,‘"
ZUS
SCHEDULED ITEM
C-1
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JAMES MAKSHANOFF, CITY MANAGER
DATE: MARCH 17, 2014
SUBJECT: SELECTION OF A MAYOR PRO-TEM SELECTION
RECOMMENDATION:
It is recommended that the City Council select a Mayor Pro-tem for the period of March, 2014 to
March 2015.
BACKGROUND SUMMARY:
Resolution No. 10-C20 adopted in March 22, 2010, establishes criteria for the selection of Mayor
Pro-Tem, to be selected on the third Monday in March, and it should be the Councilmember with
the greatest seniority. The current Councilmembers have served in the position of Mayor Pro-tern
as follows:
Mayor Pro-tern Uriel Macias (in office since 2007):
March 2009 to March 2010
March 2013 to March 2014
Councilmember Angel Carrillo (in office since 2005):
March 2008 to March 2009
March 2012 to March 2013
Councilmember Robert Gonzales (in office since 2007):
March 2010 to March 2011
Councilmember Edward Alvarez (in office since 2013):
Has not served as Mayor Pro-tern
FISCAL IMPACT
There is no fiscal impact associated with the selection of the Mayor Pro-tern.
Attachments: Resolution No. 10-C20
RESOLUTION NO. 10-C20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING AND RESTATING RESOLUTION NO. 97-05I
CONCERNING THE SELECTION CRITERIA AND TERM OF THE MAYOR
PRO TEM.
BE IT RESOLVED by the City Council of the City of Azusa as follows:
SECTION 1. That the City Council of the City of Azusa hereby amends Resolution No. 97-051 in its entirety
and adopts the following mayor pro tern selection criteria and term of office.
(1) Intent. The primary intent of this Resolution is to ensure that the city's mayor pro tern is selected on
objective criteria. Criteria such as seniority and public support as expressed in the number of votes
received in an election are to be used as the basis for selecting the mayor pro tern. It is the
Council's intent to ensure that each council member serving on the Council receives the
opportunity to serve as mayor pro tern at least once during his or her four-year term as a council
member.
(2) Selection Criteria. Annually, at the City Council meeting on the third Monday in March, the mayor
pro tern shall be that council member with the greatest seniority, which has not previously served as
mayor pro tem. However, if such council member does not accept the nomination for mayor pro
tern,then the next most senior council member, which has not yet served as mayor pro tern, shall be
offered the position of mayor pro tern. However, if two or more councilmembers qualify for the
position of mayor pro tem by virtue of having equal seniority, then that council member who
received the highest number of votes in the March general City election shall be the mayor pro tern.
(3) Selection Criteria in the Event All Have Served. If all council members have previously served as
mayor pro tern, then the mayor pro tern shall be that councilmember with the greatest seninnty. If
such councilmember does not accept the nomination for mayor pro tern, then the next most senior
councilmember shall be offered the position of mayor pro tem. However, if two or more council
members qualify for the.position of mayor pro tern by virtue of having equal seniority, then that
council member who received the highest number of votes in the March general City election shall
be the mayor pro tens.
(4) Term. Mayors pro tern shall serve from March until March of each year succeeding year. A new
successor shall be selected on the third Monday in March in even numbered years and at the
reorganization meeting in March in odd numbered years. Notwithstanding this section, the mayor
pro tern shall continue to serve until his or her successor takes office.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22nd day of March, 2010.
ORANGE\ MMARTINEZ\66404.1 •
6 SEPH R.ROCHA
MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of
Azusa at a special meeting thereof,held on the 22° day day of March,2010,by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES,CAR.RILLO,MACIAS,HANKS,ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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(':-/-_,. /1;1;;;-‘ "":.;,,,,,,,,""/
VERA MENDOZA
CITY CLERK
O RAN GE\M MARTINEZ\66404.1
APPROVED
COUDateNCIL
3y . ,% 4 -i ce .- ;`3 �/ y * . #
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US.
CONSENT CALENDAR
D-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: THERESA ST. PETER, INTERIM DIRECTOR OF HUMAN RESOURCES
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MARCH 17, 2014
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 March 11,2014,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 DATE RANGE/STEP
BASE MO SALARY
PD Frank Chavez Police Captain Merit Increase 3482/5
3/5/2014 $13,064.78
PD Rick Hayden Police Sergeant Merit Increase 3416/4
2/4/2014 $8,818.39
B. FLEXIBLE STAFFING PROMOTION:The following flexible staffing promotional appointments have been
requested by Department Head(s)pursuant to the Rules of the Civil Service System.
DEPARTMENT NAME CLASSIFICATION EFFECTIVE RANGE/STEP
FROM/TO DATE BASE MO.
SALARY
UTL Jesse Sanchez From: Water Distribution Worker II 1/25/14 5250/4
To: Water Distribution Worker III $5,596.27
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
•
APPROVED
•
COUNCIL MEETING
Date, ?�� ori ._
Q Avek. ,*
. . E 0(01 e� mm "
F ZUSA►
CONSENT ITEM
D-7
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT NEIUBER, FORMER DIRECTOR OF HUMAN RESOURCES
VIA: MARCO A. MARTINEZ, CITY ATTORNEY
DATE: MARCH 17, 2014
SUBJECT: APPROVE A ONE-TIME LUMP SUM PAYMENT OF 2.36%TO THE CITY MANAGER
AND CURRENT CONTRACT DEPARTMENT HEADS
RECOMMENDATION
It is recommended that the City Council consider approval of a one-time lump sum cash payment for the
City Manager and current contract Department Heads equal to 2.36% of their base pay for the previous
twelve month period to be paid with the first paycheck of the month after approval of the attached
Resolutions.
BACKGROUND
For the past three years,the City of Azusa has worked diligently to address annual budget shortfal Is caused
by the national and local recession. Since 2012,the City's leadership team,consisting of the City Manager
and contract Department Heads, has contributed to the City's financial solvency by agreeing to the
following pay and benefit reductions:
1. A reduction in car allowance until 2015;
2. Suspension of deferred compensation benefits until 2015;
3. Increased contributions to PERS ; and
4. Elimination of the supplemental insurance program(PARS).
More recently, and as discussed during the mid-year budget review, in fiscal year 2012-2013,the General
Fund is expected to realize a surplus that allows the City to begin to replenish its reserves. The surplus
resulted from curtailing of expenses,smaller staff,better than anticipated revenues and the savings resulting
from the items above.
The City Council has negotiated and authorized a one-time, 2.36%performance bonus for the represented
employee groups, including CAPP and ACEA. A similar proposal is on tonight's agenda for AMMA. In
fairness to all full-time employees and in appreciation for the sacrifices made to assist the City in meeting is
fiscal challenges,a similar,one-time bonus equal to 2.36%of their base pay for the previous twelve month
period is proposed for the City Manager and current contract Department Heads. The proposed bonus is to
be paid with the first paycheck of the month.
FISCAL IMPACT
Finance estimates the additional costs of the proposed one-time cost to be $33,208 of which $17,588 is
allocated to the General Fund and is to be funded from the FY 2012-13 General Fund reserves. There are no
ongoing costs related to this item, as it is a one-time bonus. Upon approval by the City Council, the
appropriate Department Head Contracts accounts would be amended accordingly by the City Manager, if
needed.
Attachments Resolutions
RESOLUTION NO. 14-C17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING A ONE-TIME LUMP SUM CASH PAYMENT FOR THE CITY
MANAGER EQUAL TO 2.36% OF THE CITY MANAGER'S BASE
SALARY FOR A TWELVE MONTH PERIOD.
WHEREAS, the City Council acknowledges the dedicated work of the City Manager and
that his leadership, the work of the Departments, City employees and City Manager to curtail
expenses and maximize revenues, and the personal cost saving measures agreed to by the City
Manager,Department Heads and our various employee Associations and Unions made it possible for
the City to realize a greater one-time savings in the 2012-2013 fiscal year budget resulting in a year
end general fund surplus; and
WHEREAS,the City Council wants to acknowledge that achievement by granting THE City
Manager a one-time lump sum cash payment equal to 2.36% of the City Manager's base pay for a
twelve month period, similar to what CAPP, ACEA and AMMA employees were offered.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Azusa does
hereby approve a one-time lump sum cash payment to the City Manager equal to 2.36% of his base
salary for a twelve month period to be paid with the first paycheck of the month after approval of this
Resolution.
The City Clerk shall certify the passage of this Resolution.
PASSED APPROVED and ADOPTED, this 17th day of March, 2014.
iseptitele4 4h Romero Rocha
Mayor
ATTEST:
01 .
ef'r-y /'ince Cornejo Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No.14-C 17 was duly adopted by the City
Council of the City of Azusa at a special meeting thereof,held on the 17th day of March,2014,by the
following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CARRILLO, MACIAS
"1111"" dirff-= :4;,,*.Ice Cornejo, J
City Clerk
RESOLUTION NO. 14-C18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING A ONE-TIME LUMP SUM CASH PAYMENT FOR THE
CURRENT CONTRACT DEPARTMENT HEADS EQUAL TO 2.36% OF
THEIR RESPECTIVE BASE SALARIES FOR A TWELVE MONTH
PERIOD.
WHEREAS, the City Council acknowledges the dedicated work of the Department
Heads and that their leadership, the work of the City Manager, City employees and Department
Heads to curtail expenses and maximize revenues, and the personal cost saving measures agreed
to by the City Manager, Department Heads and our various employee Associations and Unions
made it possible for the City to realize a greater one-time savings in the 2012-2013 fiscal year
budget resulting in a year-end general fund surplus; and
WHEREAS, the City Council wants to acknowledge that achievement by granting the
current contract Department Heads a one-time lump sum cash payment equal to 2.36% of their
base pay for a twelve month period, similar to what CAPP, ACEA and AMMA employees were
offered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa
does hereby approve a one-time lump sum cash payment to the current contract Department
Heads equal to 2.36% of their base salary for a twelve month period to be paid with the first
paycheck of the month after approval of this Resolution.
The City Clerk shall certify the passage of this Resolution.
PASSED APPROVED and ADOPTED, this 17th day of March, 2014.
6—u4A atAt
Jo ph Romero Rocha
Mayor
ATTEST:
IP
_ , " _
rL. -'2= ce Cornej•''r.
City Cle �
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No.14-C l 8 wad duly adopted by the City
Council of the City of Azusa at a regular meeting thereof,held on the 17` day of March,2014,by the
following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CARRILLO, MACIAS
• f s./
L,..'cce Cornejo, Ji
City Cle