HomeMy WebLinkAboutAgenda Packet - May 6, 2013 - CCAPPROVED
Date
CONSENT CALENDAR
D-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
SUB4ECT: SUBSTITUTION OF BONDS FOR LOTS 16-19 OF TRACT MAP NO. 66141, PALMETTO AT
RO SEDALE
RECOMMENDED ACTION
It is recommended that the City Council acts and finds as follows:
1. The City Council approves and authorizes the City Manager to execute the attached Agreement for Completion of
Public Improvements for Lots 16-19 of Tract 66141 to construct the required public improvements.
2. The City Council accepts the attached Faithful Performance Bond in the amount of $512,874.62, and the attached
Labor and Materials Bond for $512,874.62 for streets, sewers, storm drains and water lines, as guaranteed by
Liberty Mutual Insurance Company.
3. The City Council hereby reduces the original bonds posted by William Lyon Homes, as guaranteed by Arch
Insurance Company by the amount of $512,874.62, specifically for Lots 16-19 of Tract 66141.
BACKGROUND
The City Council originally approved the Final Map for Tract 66141, on May 17, 2007, as submitted by William Lyon
Homes. This Tract comprises the Great Park neighborhoods and the Transit I neighborhood. At the same time, the
City Council also approved an Agreement for Public Improvements and related surety bonds by Arch Insurance
Company on behalf of William Lyon Homes. The bonds included a Faithful Performance Bond in the amount of
$2,614,605.13, and a Labor and Materials Bond also for $$2,614,605.13, for the construction of street, sewer, storm
drain and water line improvements.
While William Lyon Homes posted bonds for the entire Great Park Neighborhood and Transit I neighborhood, the
company purchased only a portion of this tract from the master developer. This requested bond substitution will cover
only lots 16-19 of Tract 66141, which is the easterly half of the Transit I neighborhood, formerly known as Gardenia.
The applicant is Brookfield Homes, who intends to construct 66 condominium units on the site, which were recently
approved by the Planning Commission. Brookfield desires to substitute the old bonds posted by Lyon Homes with
new bonds in their name to guarantee the proposed public improvements.
Attached is a new Agreement for Completion of Public Improvements for Lots 16-19 of Tract No. 66141 to construct
required public improvements, as well as a Faithful Performance Bond in the amount of $512,874.62, and a Labor and
Materials Bond in the amount of $512,874.62, as guaranteed by Liberty Mutual Insurance Company. The bond
amount covers the remaining work on street, sewer, storm drain and water line improvements.
FISCAL IMPACT
This approval would have no fiscal impact on the City, as it is a substitution for security to guarantee tract -related
public improvements.
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RECORDING REQUESTED BY
,j
WHEN RECORDED MAIL TO
Jeffrey Lawrence Cornejo 20130866791
City Clerk
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
Agreement for Completion of Public Improvements
Tract No. 66141 Between City of Azusa and Brookfield Rosedale 67, LLC
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF AZUSA
213 E Foothill Blvd.
Azusa, CA 91702
ATTN: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
,x mpt from recording fee, per,Goyenrment Codc
Section 6103
CITY OF AZUSA, CALIFORNIA
By --
City 4 i rk
4
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT NO. 66141
between
CITY OF AZUSA
a California municipal corporation
and
BROOKFIELD ROSEDALE 67, LLC
a Delaware limited liability company
ORANGE\MMARTINEZ\33457. 1 1
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AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 66141
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements ("Agreement") is entered
into as of this IoA day of -1��, 2011 by and between the City of Azusa, a California
municipal corporation ("City") and BROOKFIELD ROSEDALE 67, LLC with it's principal
office located at 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 ("Developer"). City and
Developer are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties."
II. RECITALS.
A. Developer has heretofore submitted to City an application for approval of a tract
map for real property located within City, a legal description of which is attached hereto as
Exhibit "A" ("Property"), and which is identified in City records Tract Map No. 66141.
B. Developer has not completed all of the work or made all of the public
improvements required by Chapter 66, Article V of the Azusa Municipal Code, the Subdivision
Map Act (Government Code sections 66410 et seq.), the conditions of approval for Tract No.
66141 or other ordinances, resolutions, or policies of City requiring construction of
improvements in conjunction with the subdivision of land.
C. Pursuant to Section 66-4650) and the applicable provisions of the Map Act,
Developer and City enter into this Agreement for the timely construction and completion of the
public improvements and the furnishing of the security therefor, acceptable to the City Engineer
and City Attorney, for Tract No. 66141.
D. Developer's execution of this Agreement and the provision of the security are
made in consideration of City's approval of the final map for Tract No. 66141.
III. TERMS.
1.0 Effectiveness. This Agreement shall not be effective unless and until all three of
the following conditions are satisfied: (a) Developer provides City with security of the type and
in the amounts required by this Agreement; (b) Developer executes and records this Agreement
in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City ("City
Council") approves the final map for Tract No. 66141 and (d) Developer records the final map
for Tract No. 66141 in the Recorder's Office of the County of Los Angeles. If the above
described conditions are not satisfied, this Agreement shall automatically terminate without
need. of further action by either City or Developer, and Developer may not thereafter record the
final map for Tract No. 66141.
2.0 Public Improvements. Developer shall construct or have constructed at its own
cost, expense, and liability all improvements required by City as part of the approval of Tract
ORANGE\MMARTINEZ\33457. 1 2
5
No. 66141, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways,
storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street
lights, and all other required facilities as shown in detail on the plans, profiles, and specifications
which have been prepared by or on behalf of Developer for Tract Map No. 66141 ("Public
Improvements"). The Public Improvements are more specifically described in Exhibit "B,"
which is attached hereto and incorporated herein by this reference. Construction of the Public
Improvements shall include any transitions and/or other incidental work deemed necessary for
drainage or public safety. The Developer shall be responsible for the replacement, relocation, or
removal of any component of any irrigation water system in conflict with the construction or
installation of the Public Improvements. Such replacement, relocation, or removal shall be
performed to the complete satisfaction of the City Engineer and the owner of such water system.
Developer further promises and agrees to provide all equipment, tools, materials, labor, tests,
design work, and engineering services necessary or required by City to fully and adequately
complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where construction of
any Public Improvements has been partially completed prior to this Agreement, Developer
agrees to complete such Public Improvements or assure their completion in accordance with this
Agreement.
2.2 Permits -,Notices, Utility Statements. Prior to commencing any work,
Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses
and give all necessary and incidental notices required for the lawful construction of the Public
Improvements and performance of Developer's obligations under this Agreement. Developer
shall conduct the work in full compliance with the regulations, rules, and other requirements
contained in any permit or license issued to Developer. Prior to commencing any work,
Developer shall file a written statement with the City Clerk and the City Engineer, signed by
Developer and each utility which will provide utility service to the Property, attesting that
Developer has made all deposits legally required by the utility for the extension and provision of
utility service to the Property.
2.3 Pre -approval of Plans and Specifications. Developer is prohibited from
commencing work on any Public Improvement until all plans and specifications for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public
Improvements conform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for the Public Improvements shall be prepared in accordance with all
applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The Public Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with City,
as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements applicable at the time work is actually commenced.
ORANGENMARTINED33457. 1 3
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a
skillful and workmanlike manner, and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. Developer
represents and maintains that it or its contractors shall be skilled in the professional calling
necessary to perform the work. Developer warrants that all of its employees and contractors
shall have sufficient skill and experience to perforin the work assigned to them, and that they
shall have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work, and that such licenses, permits, qualifications and approvals shall
be maintained throughout the term of this Agreement.
2.6 Alterations to „Improvements. The Public Improvements in Exhibit `B"
are understood to be only a general designation of the work and improvements to be done, and
not a binding description thereof. All work shall be done and improvements made and
completed as shown on approved plans and specifications, and any subsequent alterations
thereto. If during the course of construction and installation of the Public Improvements it is
determined that the public interest requires alterations in the Public Improvements, Developer
shall undertake such design and construction changes as may be reasonably required by City.
Any and all alterations in the plans and specifications and the Public Improvements to be
completed may be accomplished without giving prior notice thereof to Developer's surety for
this Agreement.
3.0 Maintenance of Public Improvements and Landscaping. City shall not be
responsible or liable for the maintenance or care of the Public Improvements until City approves
and accepts them. City shall exercise no control over the Public Improvements until accepted.
Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole
and exclusive risk of the Developer at all times prior to City's acceptance of the Public
Improvements. Developer shall maintain all the Public Improvements in a state of good repair
until they are completed by Developer and approved and accepted by City, and until the security
for the performance of this Agreement is released. Maintenance shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and
sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to
City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining
in good and safe condition all streets and street improvements. It shall be Developer's
responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly
perform such maintenance work when notified to do so by City. If Developer fails to properly
prosecute its maintenance obligation under this section, City may do all work necessary for such
maintenance and the cost thereof shall be the responsibility of Developer and its surety under this
Agreement. City shall not be responsible or liable for any damages or injury of any nature in any
way related to or caused by the Public Improvements or their condition prior to acceptance.
4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this
Agreement, Developer shall fully and adequately complete or have completed the Public
Improvements within twelve (12) months following approval of this agreement for Tract No.
66141.
ORANGE\MMARTINEZ\33457. 1 4
7
4.1 Extensions. City may, in its sole and absolute discretion, provide
Developer with additional time within which to complete the Public Improvements. It is
understood that by providing the security required under Section 13.0 et seq. of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and all right to notice of such extension(s). Developer's acceptance
of an extension of time granted by City shall constitute a waiver by Developer and its surety of
all defense of laches, estoppel, statutes of limitations, and other limitations of action in any
action or proceeding filed by City following the date on which the Public Improvements were to
have been completed hereunder. In addition, as consideration for granting such extension to
Developer, City reserves the right to review the provisions of this Agreement, including, but not
limited to, the construction standards, the cost estimates established by City, and the sufficiency
of the improvement security provided by Developer, and to require adjustments thereto when
warranted according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law
related to breach of this Agreement or the terms thereof shall not accrue until Developer has
provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
complete required or agreed upon Public Improvements.
5.0 Gradinlx. Developer agrees that any and all grading done or to be done in
conjunction with construction of the Public Improvements or development of Tract No. 66141
shall conform to all federal, state, and local laws, ordinances, regulations, and other
requirements, including City's grading regulations. In order to prevent damage to the Public
Improvements by improper drainage or other hazards, the grading shall be completed in
accordance with the time schedule for completion of the Public Improvements established by this
Agreement, and prior to City's approval and acceptance of the Public Improvements and release
of the Security as set forth in Section 13.0 et sec . of this Agreement.
6.0 Utilities. Developer shall provide utility services, including water, power, gas,
and telephone service to serve each parcel, lot, or unit of land within Tract No. 66141 in
accordance with all applicable federal, state, and local laws, rules, and regulations, including, but
not limited to, the regulations, schedules and fees of the utilities or agencies providing such
services. Except for commercial or industrial properties, Developer shall also provide cable
television facilities to serve each parcel, lot, or unit of land in accordance with all applicable
federal, state, and local laws, rules, and regulations, including, but not limited to, the
requirements of the cable company possessing a valid franchise with City to provide such service
within City's jurisdictional limits. All utilities shall be installed underground.
7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all
fees, charges, and taxes arising out of construction of the Public Improvements, including, but
not limited to, all plan check, design review, engineering, inspection, and other service fees, and
any impact or connection fees established by City ordinance, resolution, regulation, or policy, or
as established by City relative to Tract No. 66141.
8.0 City IMection of Public Improvements. Developer shall, at its sole cost,
expense, and liability, and at all times during construction of the Public Improvements, maintain
reasonable and safe facilities and provide safe access for inspection by City of the Public
ORANGE\MMARTINEZ\33457.. 1 5
A
Improvements and areas where construction of the Public Improvements is occurring or will
occur.
9.0 Default; Notice, Remedies.
9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely
complete any obligation, term, or condition of this Agreement, or if City determines there is a
violation of any federal, state, or local law, ordinance, regulation, code, standard, or other
requirement, City may at any time thereafter declare Developer to be in default or violation of
this Agreement and make written demand upon Developer or its surety, or both, to immediately
remedy the default or violation ("Notice"). Developer shall substantially commence the work
required to remedy the default or violation within ten (10) days of the Notice. If the default or
violation constitutes an immediate threat to the public health, safety, or welfare, City may
provide the Notice verbally, and Developer shall substantially commence the required work
within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice,
Developer and its surety shall be liable to City for all costs of construction and installation of the
Public Improvements and all other administrative costs expenses as provided for in Section 10.0
of this Agreement.
9.2 Failure to Remedy: ,City Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a completion acceptable to City within
the time frame contained in the Notice, City may complete all remaining work, arrange for the
completion of all remaining work, and/or conduct such remedial activity as in its sole and
absolute discretion it believes is required to remedy the default or violation. All such work or
remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its
surety, without the necessity of giving any further notice to Developer or surety. City's right to
take such actions shall in no way be limited by the fact that Developer or its surety may have
constructed any, or none of the required or agreed upon Public Improvements at the time of
City's demand for performance. In the event City elects to complete or arrange for completion
of the remaining work and improvements, City may require all work by Developer or its surety
to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if
conditions precedent for reversion to acreage can be met and if the interests of City will not be
prejudiced thereby, City may also process a reversion to acreage and thereafter recover from
Developer or its surety the full cost and expense incurred.
9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this
Agreement shall prohibit City from exercising any other right or pursuing any other legal or
equitable remedy available under this Agreement or any federal, state, or local law. City may
exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent
remedies. City may institute an action for damages, injunctive relief, or specific performance.
10.0 Administrative Costs. If Developer fails to construct and install all or any part of
the Public Improvements within the time required by this Agreement, or if Developer fails to
comply with any other obligation contained herein, Developer and its surety shall be jointly and
severally liable to City for all administrative expenses, fees, and costs, including reasonable
attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing
any legal action or for any other remedies permitted by law.
ORANGE\MMARTINEZ\33457. 1 6
11.0 Acceptance of Improveinents, As -Built or Record Drawings. If the Public
Improvements are properly completed by Developer and approved by the City Engineer, and if
they comply with all applicable federal, state and local laws, ordinances, regulations, codes,
standards, and other requirements, the City Council shall be authorized to accept the Public
Improvements. The City Council may, in its sole and absolute discretion, accept fully completed
portions of the Public Improvements prior to such time as all of the Public Improvements are
complete, which shall not release or modify Developer's obligation to complete the remainder of
the Public Improvements within the time required by this Agreement. Upon the total or partial
acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office
of the County of Los Angeles a notice of completion for the accepted Public Improvements in
accordance with California Civil Code section 3093, at which time the accepted Public
Improvements shall become the sole and exclusive property of City without payment therefore.
If Tract No. 66141 was approved and recorded as a single phase map, City shall not accept any
one or more of the improvements until all of the Public Improvements are completed by
Developer and approved by City. Issuance by City of occupancy permits for any buildings or
structures located on the Property shall not be construed in any manner to constitute City's
acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may
not accept any Public Improvements unless and until Developer provides one (1) set of "as -built"
or record drawings or plans to the City Engineer for all such Public Improvements. The
drawings shall be certified and shall reflect the condition of the Public Improvements as
constructed, with all changes incorporated therein.
12.0 Warranly and Guarantee. Developer hereby warrants and guarantees all Public
Improvements against any defective work or labor done, or defective materials furnished in the
performance of this Agreement, including a warranty and guarantee that all trees, shrubs and
irrigation within the Property shall survive, with reasonable maintenance, in a vigorous and
thriving condition reasonably acceptable to City, for a period of one (1) year following
completion of the work and acceptance by City ("Warranty"). During the Warranty period,
Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion
of the Public Improvements, including irrigation, shrubs, trees and/or transplanted trees that have
died despite reasonable maintenance, in accordance with the current ordinances, resolutions,
regulations, codes, standards, tree preservation plans or other requirements of City, and to the
approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty
periods shall be at the sole cost, expense, and liability of Developer and its surety. As to any
Public Improvements which have been repaired, replaced, or reconstructed during the Warranty
period, Developer and its surety hereby agree to extend the Warranty for an additional one (1)
year period following City's acceptance of the repaired, replaced, or reconstructed Public
Improvements. Nothing herein shall relieve Developer from any other liability it may have
under federal, state, or local law to repair, replace, or reconstruct any Public Improvement
following expiration of the Warranty or any extension thereof. Developer's warranty obligation
under this section shall survive the expiration or termination of this Agreement. In addition,
nothing contained herein shall impose upon Developer additional maintenance obligations for
any Public Improvements that are repaired, replaced or reconstructed once these are accepted by
City.
13.0 Security, Surety Bonds. Prior to execution of this Agreement, Developer shall
provide City with surety bonds in the amounts and under the terms set forth below ("Security").
ORANGE\MMARTMEZ\33457. 1 7
The amount of the Security shall be based on the City Engineer's approximation of the actual
cost to construct the Public Improvements, including the replacement cost for all landscaping
("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated
Costs have changed, Developer shall adjust the Security in the amount requested by City.
Developer's compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify
Developer's indemnification obligation provided in Section 16.0 of this Agreement.
13.1 Performance Bond. To guarantee the faithful performance of the Public
Improvements and all the provisions of this Agreement, to protect City if Developer is in default
as set forth in Section 8.0 et sec . of this Agreement, and to secure Developer's one-year
guarantee and warranty of the Public Improvements, including the maintenance of all
landscaping in a vigorous and thriving condition, Developer shall provide City a faithful
performance bond in the amount of FIVE HUNDRED TWELVE THOUSAND EIGHT
HUNDRED SEVETY-FOUR DOLLARS AND SIXTY-TWO CENTS ($512,874.62), which
sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council
may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially
release a portion or portions of the security provided under this section as the Public
Improvements are accepted by City, provided that Developer is not in default on any provision of
this Agreement or condition of approval for Tract No. 66141, and the total remaining security is
not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this
section shall be released at the end of the Warranty period, or any extension thereof as provided
in Section 12 of this Agreement, provided that Developer is not in default on any provision of
this Agreement or condition of approval for Tract No. 66141.
13.2 Labor & Material Bond_. To secure payment to the contractors,
subcontractors, laborers, material men, and other persons furnishing labor, materials, or
equipment for performance of the Public Improvements and this Agreement, Developer shall
provide City a labor and materials bond in the amount of FIVE HUNDRED TWELVE
THOUSAND EIGHT HUNDRED SEVETY-FOUR DOLLARS AND SIXTY-TWO
CENTS ($512,874.62), which sum shall not be less than one hundred percent (100%) of the
Estimated Costs. The security provided under this section may be released by written
authorization of the City Engineer after six (6) months from the date City accepts the final Public
Improvements. The amount of such security shall be reduced by the total of all stop notice or
mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of
such claims for reimbursement of City's anticipated administrative and legal expenses arising out
of such claims.
13.3 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do
business in California, and shall be satisfactory to City. As part of the obligation secured by the
Security and in addition to the face amount of the Security, the Developer or its surety shall
secure the costs and reasonable expenses and fees, including reasonable attorney's fees and
costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its
surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of
this Agreement, the Public Improvements, or the plans and specifications for the Public
Improvements shall in any way affect its obligation on the Security.
ORANGE\MMARTINEZ\33457. 1 8
13.4 Evidence and Inco_rpora#ion of Security. Evidence of the Security shall be
provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the
City Engineer and the City Attorney, and when such forms are completed to the satisfaction of
City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and
incorporated herein by this reference.
14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee
payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and
street centerline monuments for Tract No. 66141 in compliance with the applicable provisions
of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall
deposit cash with City in the amount of ZERO DOLLARS AND ZERO CENTS ($0.00),
which sum shall not be less than one hundred percent (100%) of the costs of setting the
Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released
by written authorization of the City Engineer after all required Subdivision Monuments are
accepted by the City Engineer, City has received written acknowledgment of payment in full
from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is
not in default of any provision of this Agreement or condition of approval for Tract No. 66141.
15.0 Lien. To secure the timely performance of Developer's obligations under this
Agreement, including those obligations for which security has been provided pursuant to
Sections 13 et seq. and 14 of this Agreement, Developer hereby creates in favor of City a lien
against all portions of the Property not dedicated to City or some other governmental agency for
a public purpose. As to Developer's default on those obligations for which security has been
provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to
collect against such security prior to exercising its rights as a contract lienholder under this
section.
16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its
elected officials, officers, employees, and agents from any and all actual or alleged claims,
demands, causes of action, liability, loss, damage, or injury, to property or persons, including
wrongful death, whether imposed by a court of law or by administrative action of any federal,
state, or local governmental body or agency, arising out of or incident to any acts, omissions,
negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors
in connection with or arising out of construction or maintenance of the Public Improvements, or
performance of this Agreement. This indemnification includes, without limitation, the payment
of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents for all
legal expenses and costs incurred by each of them. This indemnification excludes only such
portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to
property or persons, including wrongful death, which is caused solely and exclusively by the
negligence or willful misconduct of Agency as determined by a court or administrative body of
competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or
termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received
by City, its elected officials, officers, employees, or agents.
17.0 Insurance.
ORANGE\MMARTINEZ\33457. 1 9
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17.1 Types, Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintain, during construction of any Public Improvement pursuant
to this Agreement, insurance of the types and in the amounts described below ("Required
Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance
shall apply separately to this Agreement or be no less than two times the specified occurrence
limit.
17.1.1 General Liability. Developer and its contractors shall procure and
maintain occurrence version general liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and
property damage.
17.1.2 Business Automobile Liability. Developer and its contractors shall
procure and maintain business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle
owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17.1.3 Workers' Compensation. Developer and its contractors shall
procure and maintain workers' compensation insurance with limits as required by the Labor
Code of the State of California and employers' liability insurance with limits of not less than
$1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional
who will engineer or design the Public Improvements, liability insurance for errors and
omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained
for a period of five (5) years following completion of the Public Improvements. Such insurance
shall be endorsed to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its elected officials, officers,
employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial
guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
17.3 Additional Insured; Separation of Insureds. The Required Insurance shall
name City, its elected officials, officers, employees, agents, and volunteers as additional insureds
with respect to work performed by or on behalf of Developer or its contractors, including
materials, parts, or equipment furnished in connection therewith. The Required Insurance shall
contain standard separation of insureds provisions, and shall contain no special limitations on the
scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17.4 Primark Insurance, Waiver of Subro ag tion. The Required Insurance shall
be primary with respect to any insurance or self-insurance programs covering City, its elected
officials, officers, employees, agents, and volunteers. All policies for the Required Insurance
ORANGE\MMARTINEZ\33457. 1 10
13
shall provide that the insurance company waives all right of recovery by way of subrogation
against City in connection with any damage or harm covered by such policy.
17.5 Certificates, Verification. Developer and its contractors shall furnish City
with original certificates of insurance and endorsements effecting coverage for the Required
Insurance. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be received and approved by City before work pursuant to this Agreement
can begin. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that
the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire
except on 30 days prior written notice to City.
17.7 Insurer Rating. Unless approved in writing by City, all Required
Insurance shall placed with insurers licensed to do business in the State of California and with a
current A.M. Best rating of at least A:VIII.
18.0 Signs and Advertising. Developer understands and agrees to City's ordinances,
regulations, and requirements governing signs and advertising structures. Developer hereby
agrees with and consents to the removal by City of all signs or other advertising structures
erected, placed, or situated in violation of any City ordinance, regulation, or other requirement.
Removal shall be at the expense of Developer and its surety. Developer and its surety shall
indemnify and hold City free and harmless from any claim or demand arising out of or incident
to signs, advertising structures, or their removal.
19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither
this Agreement, any map related to Tract No. 66141, nor any other related entitlement, permit,
or approval issued by City for the Property shall operate to create the relationship of partnership,
joint venture, or agency between City and Developer. Developer's contractors and
subcontractors are exclusively and solely under the control and dominion of Developer. Nothing
herein shall be deemed to make Developer or its contractors an agent or contractor of City.
20.0 General Provisions.
20.1 Authority to Enter Agreement. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority make this Agreement
and bind each respective Party.
20.2 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.
20.3 Construction, References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement
ORANGE\MMARTINEZ\33457. 1 11
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 Developer include all personnel, employees, agents, and
subcontractors of Developer, 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.
20.4 Notices. All notices, demands, invoices, and written communications
shall be in writing and delivered to the following addresses or such other addresses as the Parties
may designate by written notice:
CITY:
City of Azusa
P.O.Box 1395
213 E. Foothill Blvd.
Azusa, Ca.91702
Attn: City Manager
DEVELOPER:
BROOKFIELD ROSEDALE 67, LLC
3090 Bristol St, Suite 200
Costa Mesa, CA 92626
Attn: Brian Geis
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail
first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
20.5 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
20.6 Waiver. City's failure to insist upon strict compliance with any provision
of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, shall not relieve Developer of any of its obligations under this
Agreement, whether of the same or similar type. The foregoing shall be true whether City's
actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or
set off, any and all defects, irregularities or deficiencies in the authorization, execution or
performance of the Public Improvements or this Agreement, as well as the laws, rules,
regulations, ordinances or resolutions of City with regards to the authorization, execution or
performance of the Public Improvements or this Agreement.
20.7 Assignment or Transfer of Agreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and
any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in
City's written consent, any assignment, hypothecation, or transfer shall not release or discharge
Developer from any duty or responsibility under this Agreement.
20.8 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
ORANGE\MMARTINEZ\33457. 1 12
)6
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
20.9 No Third Pariy Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
20.10 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.
20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
govenunental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action
or proceeding is brought by one Party against the other Party in connection with this Agreement
or the Property, the prevailing party, whether by final judgment or arbitration award, shall be
entitled to and recover from the other party all costs and expenses incurred by the prevailing
party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such
legal action or proceeding shall contain a specific provision providing for the recovery of Costs,
which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred
in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c)
garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy
litigation. This section shall survive the termination or expiration of this Agreement.
20.13 Counterparts. This Agreement may be executed in counterpart originals,
which taken together, shall constitute one and the same instrument.
ORANGE\MMARTINEZ\33457. 1 13
CITY OF AZUSA BR
By: By:
(sig] tuxe)
AV 0:5
(print name)
City Manager
City of Azusa
ATTEST:
By: } By.
77- 16ature) rr _t
(print name)
City Clerk
City of Azusa
67, LLC
`k,WFMN FOMY
President
(print name)
(title)
(signature)
(print name)
(title)
NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
ORANGEWMARTINEZ133457. 114
ACKNOWLEDGMENT
State of California
County of [f ss.
On - before me,
Public, personally ap ared
Notary
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 signatures(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
foregoing paragraph is true and correct.
WITNESS my hand andfgciai seal,
� ature
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known
Paper Identification
Credible Witness(es)
law of the State of California that the
f
SARAH H. GRIFFITH
Commission # 1950237
Notary Public - California z
Orange County
My Comm Fxpires Aug 29.2015
OPTIONAL INFORMATION
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
ORANGEWMARTINEZW457. 115
(seal)
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF AZUSA )
On M 6 _ o2O (� before me, V. H e (tcL o a e 2 -
(Insert Name of Notary Public)
Notary Public in and for the State of California, personally appeared, ja'M es W
NCAA'& who proved to me on the basis of satisfactory
evidence, to be the person�k) whose name(s) is/arm subscribed to the within instrument and
acknowledged to me that he/fie/jhey executed the same in hislher/their authorized capacityO,
and that by his/laerltbi�i-r signature(o on the instrument, the person(s), 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. HERNA1
Commission # 1MM»
$ NO" Fwft . Crl%MW
in""""
C
Signature (SEAL)
Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 66141
LOTS 16, 17, 18 AND 19 OF TRACT NO. 66141 IN THE CITY OF AZUSA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1334 PAGES 69
THROUGH 79 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
ORANGE\MMARTINEZ\33457. 1 17
D,
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 66141
ORANGEWMARTMED33457. 1 18
Tract 66141 Brookfield Palmetto Lots 16 - 19
Sewers
House laterals
Total
Unit
if
Units
Bond
$
Streets
Quantites
Price
10" VCP
Estimate
61.00
AC
755
$
55.00
Tons
$
41,525.00
Base
1322
$
40.00
Tons
$
52,880.00
4" C&G
1784
$
17.50
7 $
$
31,220.00
C&G
1070
$
25.00
LF
$
26,750.00
Street Lights
$
1,500.00
EACH
$
-
Concrete Pavement
1764
$
5.00
SO FT
$
8,820.00
Curb Ramps
19
$
1,500.00
each
$
28,500.00
Sidewalk
47219
$
3.50
sq ft
$
165,266.50
Misc items
10%
$
35,496.15 $
total
$
390,457.65
Storm Drains
If
18" RCP
20
$
58.00
If
$
1,160.00
24" RCP
$
82.00
If
$
30' RCP
$
110.00
if
$
36' RCP
$
140.00
If
$
42" RCP
$
156.00
If
$
-
54" RCP
$
250.00
If
$
-
60" RCP
$
300.00
If
$
Other RCP
$
320.00
If
$
Manholes
$
3,000.00
each
$
-
Junction Structures
3
$
1,000.00
each
$
3,000.00
Catch Basins
4
$
3,500.00
each
$
14,000.00
Catch Basins/grates
$
4,000.00
each
$
-
Misc items CDS unit
at 50K
20%
$
3,632.00 $
$
21,792.00
Sewers
House laterals
$
30.00
if
$
8" VCP
$
57.00
If
$
10" VCP
$
61.00
If
$
12" VCP
$
70.00
If
$
Manholes
$
3,000.00
each
$ -
Misc items
$
1,000.00
each
$ 20,000.00
Fire Hydrants
7 $
2,000.00
each
$ 20,000.00
Water
8" DIP
$
43.00
If
$
12" DIP
$
60.00
If
$ -
16" DIP
$
70.00
If
$
12" Valves
$
3,000.00
each
$
8" Valves
$
3,000.00
each
$
Thrust Blocks
$
1,000.00
each
$ -
Fire Hydrants
7 $
2,000.00
each
$ 14,000.00
Misc items
$ 20,000.00
$ 34,000.00
Grand Total est
$ 466,249.65
Contingency
10%
$ 46,624.97
Bond amount
$ 512,874.62
354,961.50
18,160.00
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
TRACT NO. 66141
As evidence of understanding the provisions contained in this Agreement, and of the Developer's
intent to comply with same, the Developer has submitted the below described security in the
amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $512,874.62
Surety: Liberty Mutual Surety
Attorney-in-fact: Sharon L. Tupper
Address: 1001 4`h Avenue. Suite 1700
Seattle, WA 98154
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $512,874.62
Surety: Liberty Mutual Surety
Attorney-in-fact: Sharon L. I'Lipper
Address: 1001 4`h Avenue, Suite 1700
Seattle, WA 98154
CASH MONUMENT SECURITY: $0.00
Amount deposited per Cash Receipt No. N/A _ _ Date: N/A
BOND NO_ TM5146841/01.5040078
INITIAL PREMIUM: $5,129.00
SUBJECT TO RENEWAL
CITY OF AZUSA
TRACT MAP NO. 66141 RffROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California (`City") and BROOKKELD
ROSEDALE 67, LLC ("Principal"), have executed an agreement for work consisting of, but not
limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all
grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities,
drainagc facilities, ilaffic controls, landscaping, street lights, and all other required facilities for
Tract Map No. 66141 ("Public Tmprovements");
WHEREAS, the Public bmprovements to be performed by Principal are more
particularly set forth in that certain Agreement for Completion of Pubic improvements dated
2013 ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
VirfiEREAS, Principal is required by the Improvement Agreement to provide a
good and suftioient bond for performance of the Improvement Agreement, and to guarantee and
warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and Liberty Mutual Insurance_Comuanv_
("Surety"), a corporation organized and existing under the laws of the State of
Massachusetts , and duly authorized to transact business under the laws of the State
of California, are held and firmly bound unto City in the sure of FIDE ITUNDRED TWELVE
THOUSAND EIGHT HUNDRED SEVETY-FOUR DOLLARS AND SIXTY-TWO
CENTS ($512,874.62), said sum being not less than one huudred percent (100%) of the total
cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves,
our heirs, executors acrd adininistrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, agreements, guarantees, and
warranties in the Improvement Agreement and any alteration thereof made as therein provided,
to be kept -and performed at the time and in the manner thexcin. specked and in all respects
according to their intent and mcaning, and to indernnify and save harmless City, its officers,
ORANCiEWIMARTEML33457. 120
•I s v ... a. .. ...ill_ .,.... .- 'S. •..... , _ ... .. '
Bond No: TM5146841/015040078
employees, and agents, as stipulated in the Improvement Ag •eement, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount
specified therefore, there shall be, included costs and reasonable expenses and fees, including
reasonable attorney's fees, incun-ed by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Jmprovements to be aonstructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
This bond is executed and riled to comply with Section 66499 et sec . of the
Government Code of California as security for performance of the Improvement Agreement and
security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHMREOF, the seal and signature of the Principal is hereto
affixed, and the corporate seal and the name of the Suretv is hereto affixed and attested by its
duly authorized Attorney -in -Fact at Glendale, CA this 26th day of
March , 2013./,
BROOI{F1E R DALE 67; LLC
Principal
By.
President
(print name)
(title)
24
i
1
I
Liberty Mutual Insurance Company F
Surety
By:
Attorney -in -Fact
Sharon L. Tupper ;
(print naive)
NOTE. APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND,
ORANGEUMARTIM D33457. 12l
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Los Angeles
On 03-26-2013 before me, Lupe Villarreal, Notary Public ,
(Here insert name and title of the officer)
personally appeared Sharon L. Tupper ,
who proved to me on the basis of satisfactory evidence to be the person(4 whose nam is/adsubscribed
to the within instrument and acknowledged to me thath Ishe/t46 executed the same inh A/her/heir
authorized capacity s), and that by 46her/q/`�r signatureV on the instrument the person, or the entity
upon behalf of whi the person) acted, executed the ins m.ent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
LUPE VILLARREAL
�. Cor.,mission # 1957770
WITH S my hand and official al. Notary Public - California z
Los Anpelta County n
My Comm. Expires Nov 19, 2015
nntut'c nF?�ntsiy 1'ubiic
Ltlpe ii arreal
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
F1
Corporate Officer
(Title)
f�
Partner(s)
Attomey-in-Fact
eTrustee(s)
Other
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S-4067/GE 9/09
XDP
2J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1789
State of California
County of
On 1% 2013 before me,
Date Here Insert Name and Title of the Officer
personally appeared bo
Name(s) of Signer(s)
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
SARAH H. GRIFFITH person(s), or the entity upon behalf of which the
_ commission # 1950237 person(s) acted, executed the instrument.
Notary Public California
Orange County
thy Comm Expires Aug 29 2015
1 certify under PENALTY OF PERJURY under the
~
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my ha i and officials 4a,
Signature:
Place Notary Seal Above 4.1(,.t
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Description of Attached Document
Title or Type of Document:
Document Date:
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Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner —[]Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Number of Pages:
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❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
w zu iu rvationai Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5093889
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 Massach.isetts stock insurance company, pursuant to and by authority of the By-law and
Authorization hereinafter set forth, does hereby name, constitute and appoint TIM M. TOMKO, ERIC C. THORSEN, TIM M. FINNEGAN. LUPE VILLARREAL,
SHARON L. TUPPER, TESSA A. ROMERO. ALL OF THE CITY OF GLENDALE, STATE OF CALIFORNIA. .......... I ...... I ..... I ..........................................................................
, 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, hands, recognizances and other surety obligations 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,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 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 signature and
execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By-laws, David M. Carey, an official of Liberty Mutual Insurance Company, is hereby authorized to
appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by David M. Carey
in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of the Authorization, including
without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified
and approved.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 12th day of January
2012
LIBERTY MUTUAL INSURANCE COMPANY
By,rry' Gam,
David M. Carey, 49islant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 12th day of January 1 2012 , before me, a Notary Public, personally came David M. Care, to me known, and
acknowledged 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 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said
corporation.
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. �r
Nh ,-14-r&-. Aa. Fa.r.�S:�ni.rf � B
CERTIFICATE Ter. a Pastella, Notary Public
1, the undersigned. Assistant-Secrefary 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 binding upon the company with the
same force and effect as though manually affixed +h
6MrY ERE rl h e hereunto subscribed my name and affixed the corporate seal of the said company, this day of
Gregory WYDavenport, Assistant Secretary
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BOND NO. TM5146841/015O40O78
INITIAL PREMIUM: Included
SUBJECT TO RENEWAL
CITY OF AZUSA
TRACT MAP BIPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Azusa, California ("City") and BROOKFIELD
ROSEDALE 67, LLC ("Principal"), have executed an agreement for work consisting of, but not
limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all
grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities,
drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for
Tract Map No. 66141("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more
particularly set forth in that certain Agreement for -Completion of Pubic Improvements dated
2013 ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated
herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the
Ianprovement Agreement providing that if Principal or any of its subcontractors shat] fail to pay
for any materials, provisions, or other supplies, or terms used in, upon, for, or about the
performance of the Public improvements, or for any work: cr labor done thereon of any kind, or
for amounts due lander the provisions of Title 15 (commencing with section 3082) of Part 4 of
Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on
this bond will pay the same together with a reasonable attorney's fee in case suit is brought on
the bond_
NOW, THEREFORE, Principal and Liberty Mutual Insurance Company . ("Surety"), a
corporation organized and existing under the laws of the State of Massachusetts f
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City and to any and all material men, persons, companies or corporations
furnishing materials, provisions, and other supplies used in, upon, for or about the perfon-nanee
of the Public Improvements, and all persons, companies or corporations renting or hiring teams,
or implements or machinery, for or contributing to the Public Improvements to be done, and all
persons performing work or labor upon the same and all persons supplying both work and
materials as aforesaid excepting the Principal, the sum of FIVE HUIN'DRED TWELVE
THOUSAND EIGHT HUNDRED SE'VETY-FOiJR DOLLARS AND SIXTY-TWO
ORINGEMMARTINET33457. 123
Bond No: TM5146841/015040078
21
CENTS ($51.2,874.62), said sum being not less than 100% of the total cost of the Public
lmprnvernents under iiia tenors of the Improvement Agreement, we bind ourselves, our i-Icirs,
executors and administrators, successors and assigns jointly and severally, firmly by ti)(�se
Presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, small fail Co pay for
any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay
any of the persons named in Califox-nia Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant,
or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the contractor and itis subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and
labor, and all other applicable laws of the State of California and rules and regulations of its
agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified
herein.
As part of the obligation secured hereby, and in addition to the face amount
specified therefore, there shall be included costs and reasonable expcnses and fees, including
reasonable attorney's fees, incurred. by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499 et seMr . of the
California Government Code as security for payment to contractors, subcontractors, and persons
furnishing labor, materials, or equipment for construction of the Public Improvements or
performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that
this bond shall inure, to the benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 (commencing with Section. 3082) of Part 4 of Division 3 of the
California Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans,
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shaU in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
ORANGE\MMtA=Z133457 124
Bond No: TM5146841/015040078
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto
affoczd, and the corporate seal and the name of the Surety is hereto affixed and attested by its
duly authorized Attomey-in-Fact at Glendale, CA this • 26th day of
March .2013
BR00KF1EL R DALE 67, LLC
Principal
1
By:
PR �OLEY
Presi&nt
(title)
Liberty Mutual Insurance Company
Surety
By:
Attorney -in -Fact
kL—W
Sharon L. Tupper
(print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO
LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED
TO THIS BOND.
ORANGMMMARTQIED334 57. 125
a
ACKNOWLEDGMENT
State of California
County of - Los Angeles }ss.
On March 26, 2013 before me, Lupe Villarreal
Public, personally appeared Sharon L. Tupper
Notary
*0
proved to me on the basis of satisfactory evidence to be the persons whos name(�Iislad
subscribed 0 fhe within instrument and ac nowledged to me that fshelt ey executed the,
same inritheperson
lherl eir authorized capacity(K ), and that by hisMerltheir signatures s'f on the
instrume,d�, or the entiryuponbehalf of which the person(s�acted, executed the
instrument,r
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS m hand and official seal. LUPE ionVIL#iREAL
y Cor..mission � 1957770
�d Notary Public - California n
' Los Angeles County
My Comm. Expires Nov 19, 2015
C-SignatuF6L e Villarreal (seal)
OPTIONAL INFORMATION
Date of Document
Thumbprint of Signer
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known
Paper Identification
Credible Witness(es)
Check here if
Capacity of Signer:
noihumbprint
Trustee
orfingerprint
Power of Attorney
is available.
CEO/CFO/COO
President I Vice -President I Secretary I Treasurer
Other:
Other Information:
ORANGEIMMARTMMZ133457. 126
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of K01 0
On rRefore me, Zail
V/
-Dale _ • &,nffl7A %
Here insert Nahe and Title of the Officer
personally appeared
SARAH H GRIFFITH
r{ a� Commission # 1950237
_ .� Notary Public - California
,�
•t '' Orange County
Poly Comm Expires Aug 29. 2D15
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.
certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my nd and official seal.
Signature: Y� / AlhILA
Place Notary Seal Above Signature N rary uhii
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date.-
Signer(s)
ate:
Signer(s) Other Than Named Above: .... .
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): ....
❑ Individual jai
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Number of Pages:
Signer's Name _
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 2010 National Notary Association • NationalNotarv.nrn - 1-ann-I is NnTARV !1-Ann-R7R_aA971
:THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5093890
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 1;:
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 Sy -law and
Authorization hereinafter set forth, does hereby name, constitute and appoint TIM M. TOMKO, ERIC C. THORSEN, TIM M. FINNEGAN, LUPE VILLARREAL,
SHARON L. TUPPER, TESSA A. ROMERO, ALL OF THE CITY OF GLENDALE, STATE OF CALIFORNIA...................................................................................................
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 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,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 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 signature and
execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By-laws, David M. Carey, an official of Liberty Mutual Insurance Company, is hereby authorized to
appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by David M. Carey
in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of the Authorization, including
without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified
and approved.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 12th day of January
2012
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
LIBERTY MUTUAL INSURANCE COMPANY
/11
By N7
David M. Carey, Agsistant Secretary
On this '1 2th day of January 1 2012 , before me, a Notary Public, personally came David M. Carev, to me known, and
acknowledged 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 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said
corporation.
IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.
CERTIFICATE —
Tere�a Pastella, Notary Public
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 1 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 -taws 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.
IN TE TIM REO have hereunto subscribed my name and affixed the corporate seal of the said company, thi4LJ,d y of
-f 7—
Gregory W Davenport- Assistant Secretary
APPROVED
Date sic, /?_0/ 3 o ..
r
E
' T'AZIUSAIV
CONSENT CALENDAR
D-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
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 April 23,2013 the Personnel Board confirmed the following Department Head recommendations regarding the
following Personnel Action request.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
PD Steven Rodriguez Property, Evidence & Merit Increase 9191/3
Crime Scene Technician 04/11/2013 $5,287.14
UTL Manuel Sencion Customer Service Reg Appt/Merit 5164/4
Representative II Increase $4,268.07
04/15/2013
PW Christopher Street Maintenance Worker Reg Appt/Merit 8153/2
Gutierrez I Increase $3,558.02
01/01/2013
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
Of
us
INFORMATION ITEM
B-6
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
SUBJECT: MAY 20, 2013, COUNCIL MEETING
The 2013 International Council of Shopping Centers (ICSC) will be held in Las Vegas, May 19th
through May 21st. Mayor Pro-tem Uriel Macias, Council Member Angel Carrillo, City Attorney
Marco Martinez, Community Development Director Kurt Christiansen and myself, will be
attending the conference.
Neither one of us will be attending the May 20, 2013 Council Meeting, and Council has the
options:
1) Hold the May 20th meeting with the remaining Council, as there will be a quorum.
2) Cancel the May 20th meeting all together.
3) Cancel the May 20th meeting, and schedule a Special Meeting for Wednesday May 22,
2013.
Information Item
Presented)14 a-V_ 0/0 s"
Hee+i1U&d
C°�.�.e(el ec(
APPROVED
Date /7 /?Olok.iititA3 F, G
tr - r-
""�° a„�"`�.� �r ;` ',n,��.,, � sir ✓ * ,...iG
_ _
AGENDA ITEM
C-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCO MARTINEZ, CITY ATTORNEY
ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
SUBJECT: DISCUSSION CONCERNING MILITARY LEAVE FOR CITY OFFICERS AND
DIRECTION ON OPTIONS AVAILABLE REGARDING THE VACANCY CAUSED
BY THE TEMPORARY ABSENCE
RECOMMENDATION
It is recommended that the City Council discuss options available to them when a member of the City
Council is on Military Leave and provide staff with direction, which includes keeping the position open
during Mayor Pro-Tem Macias' absence due to Military Leave.
BACKGROUND
At the April 15, 2013, City Council Meeting Mayor Pro-Tem Uriel Macias informed the City Council
that he received mobilization orders effective May 31, 2013, through the end of January 2014. He
requested Military Leave for that period and asked that his Council position be held while he was
deployed.
Military Leave is a right afforded under the law and requires no action from the City Council. Under
California law, Military & Veterans Code section 395.8 provides that an officer of a City who enters
into active service in the military shall be reinstated and restored to his office upon his discharge or
release from such active service . . . provided, such discharge or release is prior to the expiration of the
term for which he has been elected. The officer must present himself to the legislative body or other
appointing authority of such city ready and willing to assume the duties of his office, within six months
from the time of his discharge or release from active service with the armed forces.
This rule is consistent with other generally applicable State laws requiring a private employer to restore
an employee who is called to active duty to his former position or a position of similar seniority, status
and pay upon application filed within 40 days (with limited exceptions) (Mil. & Vet. C A§ 396.06(a))
Irl auto £ro--re/4 9i ac«s'
Page 1 of 2 sever 1'11( be /ek VG`C.li ct7
Wkile he. is el Hilira-/`-
) ea, v,e.,
and giving state employees called to duty during a time of war or national emergency the right to return
and reenter upon the officer or position within six months after the termination of his or her active
service with the armed forces. (Mil. & Vet. C A§ 395.1.) This rule is also consistent with the Federal
Law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA,
38 U.S.C. §§ 4301 —4335). USERRA is a federal law intended to ensure that persons who serve or have
served in the Armed Forces, Reserves, National Guard or other "uniformed services:" (1) are not
disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their
civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on
past, present, or future military service.
In March of 2009, the City Council adopted a Resolution 09-C26 authorizing temporary continuation of
benefits and salary for employees called to active duty in support of "Operation Enduring Freedom."
This resolution extended the 30 days of salary and benefit continuation required by State and Federal
law to six months and extended the flexible benefit plan for twelve months. As "Operation Enduring
Freedom" is ongoing, Mayor Pro-Tern Macias would fall under the provisions of this Resolution.
Military and Veterans Code section 395.8, provides that the office vacated by a councilmember called
into active military service is not vacant, but the legislative body may appoint an officer to temporarily
replace any such officer so absenting himself . . . . Such temporary officers [sic.] shall have all of the
powers and duties of the office to which he may be temporarily appointed and shall hold said office until
the expiration of the term thereof or until the officer returns from service with the armed forces,
whichever event first occurs.
Under State law as outlined above, the City Council has the option of leaving the office vacated by the
absent Councilmember unfilled during his absence or temporarily appointing someone to fill-in while
Mayor Pro-Tern Macias is on Military Leave. As there is no timeline for this appointment, staff would
suggest that the Council consider leaving the office vacant during the absence, and should an operational
issue arise that would require an additional member, consider temporarily filling the position at that
time.
It has been the past practice of the City Council to have the most senior Councilmember become the
presiding officer of the Council in the absence of the Mayor and Mayor Pro-Tem. This practice is in
line with Section 2-52 of the Azusa Municipal Code. The City Council can continue to follow this
practice or choose to designate the order of progression after Mayor Pro-Tem as they so choose.
FISCAL IMPACT
There is no fiscal impact if the position is left open during the absence. Staff estimate that there is a
$15,000 impact to the General Fund should the position be temporarily filled.
Attachments Resolution 09-C26 and related Agenda Item Commentary from March 16, 2009
Page 2 of 2
ATTACHMENT
C-1
RESOLUTION NO. 09-C26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AUTHORIZING TEMPORARY CONTINUATION OF BENEFITS AND SALARY
FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY IN SUPPORT OF
"OPERATION ENDURING FREEDOM"
WHEREAS, Section 395.01 of the California Military and Veterans Code (the "CMV Code"),
requires public agencies, including the City of Azusa, to continue to compensate city employees who
have been employed for a period of at least one year by the City prior to being"called"to active military
training, inactive duty training, encampment, navel cruises, special exercises or the like, for the first 30
day period of absence from work in any fiscal year when such employees are"called;"and
WHEREAS, notwithstanding the provisions of Section 395.01, Section 395.03 of the CMV Code
specifically acknowledges the right of public agencies, including cities, to authorize payment of
compensation in an amount greater than the pay for 30 calendar days by resolution of the legislative body;
and
WHEREAS, the United States of America has mobilized United States Reserve Military and members of
the California National Guard to serve the nation in a military operation known as "Operation Enduring
Freedom:" and
WHEREAS, the City of Azusa is supportive of the employees of the City who have been "called" into
active military duty and believes that it is in the public interest to provide these employees with
continuing employee benefits and that portion of their City base salary which may be lost due to a leave
of absence from City service for active military duty; and
WHEREAS, it is the interests of the health, safety and general welfare of the City of Azusa to extend the
time during which compensation is provided for those"called"to serve in"Operation Enduring Freedom"
as permitted by California law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does
hereby adopt in full the terms and conditions contained in the said staff report dated March 16, 2009.
PASSED AND ADOPTED by the City Council of the City of Azusa at a regular meeting held on 16`h
day of March 2009.
JOSEPH R. ROCHA,MAYOR
I HEREBY CERTIFY that the foregoing Resolution No. 09-C26 was duly adopted at a regular
meeting of said City Council on the 16th day of March 2009, by the follow roll call vote:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS:NONE
ABSENT: COUNCIL MEMBERS: NONE
VERA MENDOZA, CITY CLERK
li1/4i
c4 Q itT -Jd ^�
rU Y* S A _r.a:ai3
14k1U,7 '_-
ATTACHMENT SCHEDULE ITEM
C-1
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM HUMAN RESOURCES DIRECTOR
VIA: F.M. DELACH, CITY MANAGER
DATE: MARCH 16, 2009
SUBJECT: RESOLUTION AUTHORIZING TEMPORARY CONTINUATION OF BENEFITS AND
SALARY FOR EMPLOYEES CALLED TO MILITARY DUTY IN SUPPORT OF
"OPERATION ENDURING FREEDOM"
RECOMMENDATION
It is recommended that the City Council: reaffirm the intent of the policy authorizing a
temporary continuation of salary and benefits,for a period not to exceed six(6)months;
consider the policy on the continuation of the flexible benefit plan,for a period not to exceed
twelve(12)months for city employees called to active duty in connection with "Operation
Enduring Freedom;"adopt the attached resolution.
BACKGROUND
On April 7, 2003, City Council approved resolution No. o3-C3o that authorized a temporary
continuation of salary and benefits for city employees called to active duty in connection with
the nation's response to the terrorist attack on the United States of America-"Operation
Enduring Freedom."
On June 6, 2005, City Council approved resolution No. o5-CS3 that authorized a temporary
continuation of salary and benefits for city employees called to active duty in connection with-
"Operation Enduring Freedom."
The City of Azusa is currently in compliance with the Federal and State law regarding military
leaves. While current law does guarantee the reinstatement of reservists once their military
assignment has been completed, it only requires that agencies provide those individuals with
continued salary for the first 3o days of duty. In consideration of this potential loss of income,
municipalities in the San Gabriel Valley and throughout Southern California have been providing
additional temporary paid leave and continuation of benefits for employees recalled to active
duty to defend the United States of America.
Because the tour of duty for reservists generally lasts over 3o days, an employee called to active
duty may experience a financial hardship for that individual and their family. The attached
resolution authorized by City Council,would allow employees who are recalled to be
compensated by the City for the difference between the amount the employee would receive
from the regular city gross bi-weekly wage (base rate, not including overtime)and the amount
the employee receives from their military service including all allowances. The continuation of
salary would extend for an additional iso days beyond the required 3o days under Federal and
State law. This action in total may not exceed 18o days(a total of 6 months). The employee's
benefits(retirement and leave accruals)would be continued for the employee and their family in
the manner it would be provided if the employee was still actively employed by the City.
Additionally,the Police Officers Association requests consideration of a continuation of the
employee's Flexible Benefit Plan (health, dental, et al)for a total period not to exceed twelve
(12)months commencing with the date the employee is ordered to report for duty for active
service. At the conclusion of the twelve(12)months, the employee may elect to continue their
health benefit coverage under the provisions of C.O.B.R.A.(maximum for military reservists is
for a period of up to 24 months paid by the employee).
In order to access this temporary continuation of salary and benefits,the employee must
provide documentation of their military pay in a form acceptable to both the Director of Human
Resources and Director of Finance.
Underwriting policy for the City's Long Term Disability(LTD), Life Insurance and Accidental
Death & Dismemberment(AD&D) plans require that an employee be "regularly working at least
40 hours each week"for continued coverage. Due to this carrier restriction, coverage under
these plans is suspended during time of active military service.
This would be a temporary modification, authorized by City Council, applied to the City's existing
Military Leave Policy(Civil Service Rule 6.5). As such, the temporary salary and benefit
continuation would only be provided to those individuals who are called to active duty as a
result of the President's Executive Order specific to the current military action. As cited under
the City's Military Leave Policy an employee must be in City employment for a period of one(1)
year, upon being called for military duty to qualify.
Like Resolution No. o3-C3o and o5-053, this is a temporary continuation and additional City
Council approval would be needed to authorize any extension of this temporary provision.
Future military actions would require authorization by City Council to extend benefits and
continue salary beyond the City's existing Military Leave Policy.
FISCAL IMPACT
It is estimated that the City may experience a slight salary savings, offsetting the flexible benefit
plan continuation, as the fiscal impact would be the cost of salary and benefit continuance minus
the employee's military pay.
APPROVED
Date qt,v(?0,3
z
CONSENT ITEM
D-8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
SUBJECT: RESOLUTION ADOPTING THE LOOK BACK MEASUREMENT SAFE
HARBOR UNDER THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT
RECOMMENDATION
It is recommended that the City Council approve the Resolution adopting the Look Back
Measurement Safe Harbor under the Patient Protection and Affordable Care Act.
BACKGROUND
Under the Patient Protection and Affordable Care Act (ACA), the City could be subject to a
penalty if it fails to offer affordable health coverage to an employee who averages 30 hours or
more of service per week in any given month. The purpose of the safe harbor is to measure the
hours of employees. Because the City has many seasonal and hourly employees, the safe harbor
will allow the City to measure and average the hours of service for its employees over a one year
time span. If a seasonal employee averages under 30 hours of service per week over the entire
year, the City will not be subject to a penalty for failing to offer health coverage. Without the
safe harbor, the City could be subject to a penalty for any given month if a seasonal employee
averages 30 hours or more of service per week. Implementation of the safe harbor requires
specific legal restrictions relating to timing and length of periods that must be established. The
attached Resolution complies with those legal restrictions. The Resolution is recommended in
order to plan for and avoid potential penalties that the City may face under the ACA starting
January 1, 2014. This is based on the most current information available to us on the ACA.
FISCAL IMPACT
The City may have to pay a penalty under the ACA of $3,000 per employee if the medical
insurance that we offer to full-time employees (Under the ACA this is anyone working 30 hours
or more on average) does not meet minimum value requirements or affordability requirements
and the employee enrolls in subsidized Exchange coverage. At this time staff is estimating the
potential fiscal impact as $30,000 in FY 2013/14.
RESOLUTION NO. 13-C29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ADOPTING THE LOOK BACK MEASUREMENT SAFE HARBOR UNDER THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT
WHEREAS, The Patient Protection and Affordable Care Act ("ACA") was enacted on
March 23, 2010;
WHEREAS, ACA added Section 4980H Shared Responsibility for Employers
Regarding Health Care Coverage to Title 26 of the United States Code, the Internal Revenue
Code (Section 4980H);
WHEREAS, Section 4980H imposes an assessable payment on an applicable large
employer when (1) it fails to offer"substantially all" of its full-time employees (and their
dependents) the opportunity to enroll in minimum essential coverage or offers coverage to
"substantially all" of its full-time employees (and their dependents) that is "unaffordable" or
does not provide "minimum value" and (2) any full-time employee is certified to the employer as
having received a subsidy for coverage through the exchange ("Assessable Payment");
WHEREAS,the City of Azusa("City") is considered an applicable large employer
because it employed an average of at least 50 full-time equivalent employees on business days
during the preceding calendar year;
WHEREAS,the Department of Treasury issued proposed regulations regarding Section
4980H, that permit the City to adopt a look-back measurement method safe harbor in order to
determine the status of an employee as full-time for purposes of determining and calculating the
Assessable Payment(78 Federal Register 218, 243, January 2, 2013); and
WHEREAS, the City intends to adopt the provisions of the look-back measurement
method safe harbor in order to determine the full-time status of employees for purposes of the
Assessable Payment.
NOW THEREFORE, be it resolved by the City Council of the City of Azusa as follows:
1) That all of the recitals set forth above are true and correct, and the Council so
finds and determines.
2) The City establishes the look-back measurement method with regard to all
ongoing employees as follows:
a. The City establishes a twelve (12) month standard measurement period for
ongoing employees.
b. Starting with October 3, 2013, a standard measurement period will start each
year on October 3rd and end the following year on October 2nd.
c. The standard measurement period will be the period during which an ongoing
employee's hours are measured.
d. The City will establish an administrative period of ninety (90) days.
e. The administrative period associated with the standard measurement period
will start each year on October 3rd and end on December 31st.
f. The City will establish a twelve (12) month stability period for ongoing
employees.
g. Starting with January 1, 2014, the twelve (12) month stability period for
ongoing employees will start each year on January 1st and end on December
31St
h. For purposes of the 2014 stability period, a transitional measurement period
will be implemented starting on May 1, 2013 and ending on October 31, 2013.
i. The administrative period associated with the transitional measurement period
will start on November 1, 2013 and end on December 31, 2013.
j. If an ongoing employee's employment status changes before the end of a
stability period, the change in status will not affect the classification of the
employee (as full or part time) for the remaining portion of the stability
period.
3) On the start date of a new employee, the City will make a determination as to
whether that new employee is reasonably expected to be a full-time employee. If the new
employee is reasonably expected to be a full-time employee and is not a seasonal employee, the
City will offer minimum essential coverage to that employee before the end of the employee's
initial three full calendar months of employment.
4) If, based on the facts and circumstances at the start date of a new employee, the
City is unable to determine that the employee is reasonably expected to be employed an average
of at least thirty (30) hours per week over the initial measurement period, then the employee is
considered a variable hour employee.
5) The City establishes the look-back measurement method with regard to new
variable hour employees as follows:
a. The City establishes a twelve (12) month initial measurement period for each
new employee.
2
b. The initial measurement period will start the first day of the first calendar
month after the start date, unless the start date is the first of a calendar month
in which case the initial measurement period will start on that date.
c. The administrative period shall start the day following the last day of the
initial measurement period and shall end no later than the last day of the first
calendar month beginning on or after the first anniversary of the employee's
start date.
d. The City establishes a twelve (12) month stability period associated with the
initial measurement period.
e. If the new variable hour employee does not measure as a full-time employee
during the initial measurement period, the stability period associated with the
initial measurement period must not exceed the remainder of the standard
measurement period (plus any associated administrative period).
6) A new employee will be measured during the first complete standard
measurement period for which he/she is employed. This means that a new employee may be
tested under an initial measurement period and at the same time be measured under the
overlapping standard measurement period.
a. If an employee measures as full-time during the initial measurement period,
he/she will retain full-time status for the entire associated stability period
(even if the employee does not qualify as full-time during the standard
measurement period).
b. If an employee does not measure as full-time during the initial measurement
period, but qualifies as full-time during the standard measurement period, the
employee must be treated as full-time during the stability period associated
with the standard measurement period (even if that means coverage must be
offered before the end of the stability period associated with the initial
measurement period).
7) When an employee is rehired after termination, upon return the employee will
retain the status the employee had previously with respect to any stability period, except that an
employee will be treated as a new employee:
a. if the employee resumes employment after a period of at least 26 consecutive
weeks with less than an hour of service; or
b. if the period (measured in weeks) during which no services are performed is at
least four consecutive weeks long and exceeds the number of weeks of that
3
employees period of employment immediately preceding the period during
which the employee was not credited with any hours of service.
8) When an employee takes special unpaid leave (i.e. unpaid leave under the Family
and Medical Leave Act of 1993, unpaid leave under the Uniformed Services Employment and
Reemployment Rights Act of 1994, or unpaid leave on account of jury duty), to determine hours
of service the City will exclude any periods of special unpaid leave during the measurement
period and apply that average for the entire measurement period.
9) The City intends to employ its seasonal employees up to a maximum of five and
one half months per year and seasonal employees are designated as at will employees.
PASSED, APPROVED and ADOPTED this 6th day of May, 2013.
AU//(1
seph R. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution No. 13-C29 was duly adopted by
the City Council of the City of Azusa at a regular meeting held on the 6th day of May, 2013, by
the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
i'elf L. „xe ce Cornejo J ., C. , •rk
4
APPROVED
Date 6/6/01-0/3
zus
CONSENT CALENDAR
D-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: MAY 6, 2013
SUBJECT: LEGISLATIVE UPDATE
RECOMMENDATION
It is recommended that the City Council approve the positions recommended on the legislation
listed in this report.
BACKGROUND
During the federal and state legislative sessions, bills are considered that may impact Azusa or
cities in general. In order to keep the City Council informed of these bills, staff has developed
the attached legislative update to track these important bills, including recommended positions.
Following Council approval, staff will draft letters including the recommended positions and
send them to Sacramento or Washington D.C. accordingly. As bills are introduced, amended or
there is a change in position from the League of California Cities, staff will provide the Council
with updated position recommendations.
On March 22, 2013 a representative from Assemblyman Hernandez's Office contacted the City
of Azusa seeking support letters for AB 1357 and AB 185. Following is a summary of both bills
with staffs recommended position. In addition, attached is the regular legislative update for the
Council's consideration.
AB 1357 (Emergency Departments: Diversion of Patients) is currently on the League of
California Cities' `Watch' list. Essentially the bill requires funds collected by the County
of Los Angeles through a voter approved initiative for emergency rooms from properties
within the San Gabriel Valley to remain within the geographic region of the County. The
bill will establish a Task Force to study and audit funds collected; and ultimately ensure
funds are being allocated evenly throughout the County. The City of Glendora and
various health care providers support the legislation, the County of Los Angeles opposes
the legislation. Staff recommends the City Council adopt a position of `Support' for AB
1357.
AB 185 (Open and Public Meetings: Televised Meetings) is currently on the League of
Cities' "Oppose" list. The bill requires local municipalities that collect cable franchise
fees be mandated to televise council meetings. The bill links franchise fees to Public,
Educational and Government (PEG) programming. The bill argues that fees collected
should be used for PEG programming, however, franchise fees were never intended to be
utilized for PEG programming. Franchise fees reimburse the municipalities for the cable
utilities use of the right-of-way to install and maintain their infrastructure. The bill is
currently opposed by a series of county agencies and the City of West Covina. The City
of Azusa currently televises and streams the Council and Planning Commission Meetings
online, however, verbiage in this bill also requires "local agencies to also televise the
open and public meetings of their advisory committees that are governed by the Ralph M.
Brown Act (Brown Act)." The City of Azusa has various Council appointed committees
that would fall within this requirement, approval of this bill will result in a prohibitive
and un-needed expenditure. Setting a precedent for an unfunded mandate is not in the
best interest for California cities, many of which utilize these funds for infrastructure
maintenance and public safety. Staff recommends the City Council adopt a position of
`Opposition' for AB 185.
FISCAL IMPACT
There is no fiscal impact associated with approving the legislative update.
Attachment: Legislative Update
City of Azusa
2013 - 2014 Legislative Bill Report
May — Update
New Legislative Positions
BILL DESCRIPTION
AB 5 Author: Ammiano
Title: Homelessness
Position: Oppose
Location: Commitee on Appropriations
• Summary: Would enact the Homeless Person's Bill of Rights and Fairness Act, which
would provide that no person's rights, privileges, or access to public services may be
denied or abridged because he or she is homeless, has a low income, or suffers from a
mental illness or physical disability. While the legislation has good intent, it does not
address cause and prevention. AB 5 will undermine local decision making (e.g. prohibit
enforcement of local ordinances based on County actions). The bill is also an unfunded
mandate (e.g. requires every local government to have a health hygiene center open 24/7).
Council has previously demonstrated support on more productive homelessness related
legislation, such as the Veterans Housing and Homeless Prevention Act.
2°'reading scheduled on 5/1/13
AB 28 Author: Perez
Title: Economic Development : Enterprise Zones
Position: Support
Location: Economic Development & Enterprise Committee
Summary: Would revise various definitions for purposes of the Enterprise Zone Act and
modify specified requirements for designating and administering enterprise zones and G-
TEDAs, collectively. The bill would impose new requirements on the Department of
Housing and Community Development with respect to the enterprise zone program and
modify department and Franchise Tax Board reporting requirements.
2' read on 4/29/13
AB 145 Author: Perea
Title: State Water Resources Control Board: Drinking Water
Position: Oppose
Location: Committee On Appropriations
The California Safe Drinking Water Act (state act) provides for the operation of public
water systems and imposes on the State Department of Public Health various duties and
responsibilities. Existing law requires the department to conduct research, studies, and
demonstration projects relating to the provision of a dependable, safe supply of drinking
water, to adopt regulations to implement the state act, and to enforce provisions of the
federal Safe Drinking Water Act. This bill would transfer to the State Water Resources
Control Board the various duties and responsibilities imposed on the department by the
state act. The bill would require these provisions to be implemented during the 2014-15
fiscal year. The municipal water utilities in California oppose this change since the
SWRCB's mission is not focused on public health and the surveillance/protection of
public health rightly belongs to DPH. The municipal water community is seeking to move
the bill to Senate Health Committee, chaired by Dr. Ed Hernandez.
AB 162 Author: Holden
Title: Wireless Telecommunications Facilities
Position: Oppose
Location: Committee on Local Government
Summary: Would prohibit a local government from denying an eligible facilities request,
as defined, for a modification of an existing wireless telecommunications facility or
structure that does not substantially change the physical dimensions of the wireless
telecommunications facility or structure, as specified. The bill would require a local
government to act on an eligible facilities request within 90 days of receipt of a request,
as specified. By adding to the duties of a local government, the bill would impose a state-
mandated local program.
Hearing not yet reschedule, 1st was cancelled on 4/24/13
AB 178 Author: Gaines
Title: Highways: Exit Information Signs
Position: Support
Location: Committee on Rules
Summary: Current law requires the Department of Transportation to adopt rules and
regulations that allow the placement, near exits on freeways in rural areas, of information
signs identifying specific roadside businesses. Current law prohibits the department from
approving the placement of any sign within any urban area with a population of 5,000 or
more. This bill would require the department to allow the placement of information signs
within an urban area with a population of 50,000 or less if the urban area has had a
highway bypass completed since 2002.
Read first time on 4/25/13
AB 185 Author: Hernandez
Title: Open and Public Meetings: Televised Meetings
Position: Oppose
Location: Committee on Local Government
Summary: The bill requires local municipalities that collect cable franchise fees be
mandated to televise council meetings. Would provide that an audio or video recording of
an open and public meeting made at the direction of a local agency may be erased or
destroyed 2 years after the recording. This bill contains other related provisions and other
existing laws.
Second hearing cancelled on 4/29/13
AB 194 Author: Campos
Title: Open Meetings: Protections for Public Criticism: Penalties for Violations
Position: Oppose
Location: Committee on Local Government
Summary: Would make it a misdemeanor for a member of a legislative body, while
acting as the chairperson of a legislative body of a local agency, to prohibit public
criticism protected under the Ralph M. Brown Act. This bill would authorize a district
attorney or any interested person to commence an action for the purpose of obtaining a
judicial determination that an action taken by a legislative body of a local agency in
violation of the protection for public criticism is null and void, as specified.
1st hearing cancelled on 4/18/13
AB 229 Author: Perez
Title: Local Government: Infrastructure and Revitalization Financing Districts
Position: Support
Location: Appropriation Committee
Summary: Would authorize the creation of an infrastructure and revitalization financing
district, as defined, and the issuance of debt with 2/3 voter approval. The bill would
authorize the creation of a district for up to 40 years and the issuance of debt with a final
maturity date of up to 30 years, as specified. The bill would authorize a district to finance
projects in redevelopment project areas and former redevelopment project areas and
former military bases.
Scheduled for hearing on 5/1/13
AB 294 Author: Holden
Title: Local-State Joint Investment Partnership Pilot Program
Position: Support
Location: Committee on Local Government
Summary: Would, until January 1, 2020, establish a pilot program whereby certain local
government entities, upon the approval and oversight of the Infrastructure and Economic
Development Bank, are authorized to reallocate their annual payments of property tax
revenue directed to the Educational Revenue Augmentation Fund to instead finance
certain kinds of public works that further state policy, as specified. This bill would
require each local government entity operating a project under the pilot program and the
bank to submit annual reports, as specified, on the results of the pilot program.
Scheduled for hearing on 5/1/13
AB 537 Author: Bonta
Title: Meyes-Milias-Brown Act: Impassee Procedures
Position: Oppose
Location: Committee on Appropriations
Summary: Would authorize the representatives of the public agency or the employee
organization, if they fail to reach an agreement, to request mediation. The bill would
require that the parties agree upon the appointment of a mediator mutually agreeable to
the parties within 5 days of a request by one of the parties. If the parties fail to agree on
the selection of a mediator within 5 days, the bill would provide that either party may
request the appointment of a mediator, as specified. By requiring a higher level of service
by a local public agency, the bill would impose a state-mandated local program.
Heard on 4/24/13
AB 574 Author: Lowenthal
Title: Sustainable Communities Strategies
Position: Support
Location: Committee on Appropriations
Summary: Would require the State Air Resources Board, in consultation with the
California Transportation Commission and the Strategic Growth Council, to establish
standards for the use of monies allocated from the Greenhouse Gas Reduction Fund for
sustainable communities projects, as specified. The bill would require the state board, in
consultation with the California Transportation Commission and the Strategic Growth
Council, to establish the criteria for the development and implementation of regional
grant programs, as specified.
Heard on 4/30/13
AB 667 Author: Hernandez
Title: Land Use: Development Project Review: Superstores
Position: Oppose
Location: Committee on Local Government
Summary: Would require a city, county, or city and county, including a charter city,
prior to approving or disapproving a proposed development project that would permit the
construction of a superstore retailer, as defined, to cause an economic impact report to be
prepared, as specified, to be paid for by the project applicant, and that includes specified
assessments and projections, including, among other things, an assessment of the effect
that the proposed superstore will have on specified designated economic assistance areas,
as defined, and an assessment of the effect that the proposed superstore will have on retail
operations and employment in the same market area. The bill would also require the
governing body to provide an opportunity for public comment on the economic impact
report. By increasing the duties of local public officials, the bill would impose a state-
mandated local program. The bill would additionally find and declare that these
provisions are an issue of statewide concern and not a municipal affair.
Hearing scheduled for 5/1/2013
AB 1235 Author: Gordon
Title: Local Agencies: Financial Hardship Training
Position: Oppose
Location: Committee on Local Government
Summary: Would require that if a local agency provides any type of compensation,
salary, or stipend to, or reimburses the expenses of, a member of the legislative body, all
local agency officials, except a member whose term of office ends before January 1,
2015, in local agency service as of January 1, 2014, or thereafter receive training in
financial management, as specified. This bill would provide that if any entity develops
criteria for the financial management training, then the Treasurer's office and the
Controller's office shall be consulted regarding any proposed course content. Because this
bill would impose new duties on local governments, it would impose a state-mandated
local program.
Hearing scheduled on 5/1/13
AB 1357 Author: Hernandez
Title: Emergency Departments: Diversion of Patients.
Position: Support (On League of Cities 'Watch"List)
Location: Committee on Health
Summary: Existing law establishes the State Department of Public Health and sets forth
its powers and duties, including, but not limited to, the licensing and regulations of health
facilities, including, but not limited to, health facilities operating emergency departments.
This bill would require emergency room funds in the County of Los Angeles that were
approved by voter initiative, which are collected from properties within the San Gabriel
Valley, to remain in that geographic region of the county.
Hearing scheduled for 4/30/13
SB 56 Author: Roth
Title: Local Government Finance: Vehicle License Fee Adjustments
Position: Support
Location: Committee on Governance & Finance
Summary: Would, for the 2013-14 fiscal year, provide for a new vehicle license fee
adjustment amount, as specified. This bill would also, for the 2013-14 fiscal year and for
each fiscal year thereafter, provide for a vehicle license fee adjustment amount for certain
cities incorporating after a specified date, as provided. This bill contains other related
provisions and other existing laws.
Hearing scheduled for 8/3/13
SB 64 Author: Corbet
Title: Proposition 39 Implementation
Position: Support
Location: Committee on Appropriations
Summary: Would require the State Energy Resources Conservation and Development
Commission to develop and administer programs, consistent with the California Clean
Energy Jobs Act, to provide financial assistance to school districts, cities, and counties to
install energy efficiency or clean energy technology in public schools and municipal
facilities. The bill would appropriate for the 2013-14 fiscal year an unspecified sum from
the Clean Energy Job Creation Fund to the commission for the above purpose, thereby
making an appropriation.
Scheduled for a hearing on 5/6/2013
Previously Approved Legislative Positions
BILL DESCRIPTION
AB 20 Author: Waldron
Title: Obscene Matter : Minors
Position: Support
Location: Committee on Public Service
Summary: Would provide that every person who is convicted of a violation of specified
offenses relating to obscene matter involving minors, as specified, in which the violation
is committed on, or via, a government-owned computer or via a government-owned
computer network, or in which the production, transportation, or distribution of which
involves the use, possession, or control of government-owned property shall, in addition
to any imprisonment of fine imposed for the commission of the underlying offense, be
punished by a fine not exceeding $2,000, unless the court determines that the defendant
does not have the ability to pay. This bill contains other related provisions and other
existing laws.
AB 22 Author: Blumenfield
Title: Sidewalks: Repairs
Position: Oppose
Location: Assembly Local Government
Summary: Would prohibit a city, county, or city and county that has an ordinance in
operation that requires the city, county, or city and county to repair or reconstruct streets,
sidewalks, or driveways that have been damaged as a result of tree growth from repealing
the ordinance without the concurrence of the local electorate by majority vote. The bill
would also declare that this is a matter of statewide concern.
AB 265 Author: Gatto
Title: Local Government Liability: Dog Parks
Position: Support [Amended
Location: Committee on Local Government
Summary: Would provide that a city, county, city and county , or special district that
owns or operates a dog park shall not be held liable for any injury or death suffered by
any person or pet resulting solely from the actions of a dog in the dog park. With the
current language the municipality is 'solely' protected from actions of the dog and not that
of the negligent or intentional acts of the owner, 'including but not limited to' is the
preferred language.
AB 416 Author: Gordon
Title: State Air Resourced Board: Local Emission Reduction Program
Position: Support
Location: Committee on Local Government
Summary: Would create the Local Emission Reduction Program and would require
money to be available from the General Fund, upon appropriation by the Legislature, for
purposes of providing grants and other financial assistance to develop and implement
greenhouse gas emissions reduction projects in the state. The bill would require the State
Air Resources Board, in coordination with the Strategic Growth Council, to administer
the program, as specified. The bill would require the implementation of the program to be
contingent on the appropriation of moneys by the Legislature, as specified.
AB 564 Author: Mullin
Title: Community Redevelopment: Successor Agencies
Position: Support
Location: Committee on Local Government
Summary: Current law requires successor agencies to wind down the affairs of the
dissolved redevelopment agencies and to, among other things, make payments due for
enforceable obligations, as defined, perform obligations required pursuant to any
enforceable obligation, dispose of all assets of the former redevelopment agency, and to
remit unencumbered balances of redevelopment agency funds, including housing funds,
to the county auditor-controller for distribution to taxing entities. This bill would prohibit
the Department of Finance from taking any future action to modify the enforceable
obligations described above following the effective date of the approval of those
enforceable obligations after review by the oversight board and the department. This bill
contains other related provisions and other existing laws.
AB 639 Author: Perez
Title: Veterans Housing and Homeless Prevention Act of 2014
Position: Support in Concept
Location: Committee on Housing & Community Development and Veterans Affairs
Summary: Would authorize the issuance of bonds in the amount of $600,000,000, as
specified, for expenditure by the Department of Housing and Community Development
for purposes of the construction, rehabilitation, and preservation of multifamily housing
for veterans, in collaboration with the Department of Veterans Affairs. The bill would
authorize the Legislature to amend the provisions of this act, by majority vote, under
specified criteria. The bill would impose a specified reporting requirement on the
California Housing Finance Agency. This bill contains other related provisions.
AB 683 Author: Mullin
Title: Local Government: Fines and Penalties: Assessments
Position: Support
Location: Third Reading in Assembly
Summary: Would, until January 1, 2020, authorize a city, county, or city and county to,
after notice and public hearing, specially assess any fines or penalties not paid after
demand by the city, county, or city and county against real property owned by the person
owing those fines or penalties where the fines or penalties are related to ordinance
violations on the real property upon which the fines or penalties would be specially
assessed, and the ordinance violations constitute a threat to public health and safety. This
bill contains other related provisions.
AB 792 Author: Mullin
Title: Local Government: Open Meetings
Position: Support
Location: Third Reading in Assembly
Summary: The Ralph M. Brown Act requires the legislative body of a local agency to
post, at least 72 hours before the meeting, an agenda containing a brief general
description of each item of business to be transacted or discussed at a regular meeting, in
a location that is freely accessible to members of the public, and to provide a notice
containing similar information with respect to a special meeting at least 24 hours prior to
the special meeting. This bill, if the local agency is unable to post the agenda or notice on
its Internet Web site because of software or hardware, or network services impairment
beyond the local agency's reasonable control, would require the local agency to post the
agenda or notice immediately upon resolution of the technological problems. This bill
contains other related provisions and other existing laws.
AB 810 Author: Muratsuchi
Title: Law Enforcement: Data Sharing
Position: Support
Location: Committee on Public Safety
Summary: Would require the Attorney General to examine the feasibility of an inter-
county criminal offender database that would be accessible to local law enforcement
agencies, including municipal police departments, for the purpose of facilitating and
enhancing local law enforcement operations by ensuring readily available information on
criminal offenders. The bill would require the Attorney General to consult with specified
entities. The bill would require the Attorney General to report its findings by July 1,
2014, as provided.
AB 981 Author: Bloom
Title: Redevelopment Dissolution
Position: Support
Location: Committee on Local Government and Housing & Community Development
Summary: Current law provides for the transfer of housing assets and functions
previously performed by a dissolved redevelopment agency to one of several specified
public entities. This bill would authorize that entity to designate the use of, and commit,
indebtedness obligation proceeds that were issued prior to June 28, 2011. This bill
contains other related provisions and other existing laws.
AB 1080 Author: Alejo
Title: Community Revitalization and Investment Authorities
Position: Support
Location: Committee on Housing & Community Development
Summary: Would authorize certain public entities of a community revitalization and
investment area, as described, to form a community revitalization plan within a
community revitalization and investment authority (authority) to carry out the
Community Redevelopment Law in a specified manner. The bill would require the
authority to adopt a community revitalization plan for a community revitalization and
investment area and authorize the authority to include in that plan a provision for the
receipt of tax increment funds. This bill contains other existing laws.
AB 1229 Author: Atkins
Title: Land Use: Zoning Regulations
Position: Support
Location: Committee on Local Government and Housing & Community Development
Summary: The Planning and Zoning Law authorizes the legislative body of any city or
county to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill
would additionally authorize the legislative body of any city or county to adopt
ordinances to establish, as a condition of development, inclusionary housing
requirements, as specified, and would declare the intent of the Legislature in adding this
provision. The bill would also make a technical, non-substantive change.
SB 33 Author: Wolk
Title: Infrastructure Financing Districts: Voter Approval: Repeal
Position: Support
Location: Second Senate Reading
Summary: Would revise and recast the provisions governing infrastructure financing
districts. The bill would eliminate the requirement of voter approval for creation of the
district and for bond issuance, and would authorize the legislative body to create the
district subject to specified procedures. The bill would instead authorize a newly created
public financing authority, consisting of 5 members, 3 of whom are members of the city
council or board of supervisors that established the district, and 2 of whom are members
of the public, to adopt the infrastructure financing plan, subject to approval by the
legislative body, and issue bonds by majority vote of the authority by resolution. This bill
contains other related provisions and other existing laws.
SB 470 Author: Roth
Title: Local Government Finance: Vehicle License Fee Adjustments
Position: Support
Location: Committee on Governance and Finance
Summary: Would state the intent of the Legislature to promote economic development
on a local level so that communities can enact local strategies to increase jobs, create
economic opportunity, and generate tax revenue for all levels of government. The bill
would define economic opportunity and declare that it is the policy of the state to protect
and promote the sound development of economic opportunity in cities and counties, and
the general welfare of the inhabitants of those communities through the employment of
all appropriate means. This bill contains other related provisions.
SB 684 Author: Wright
Title: Community Development: Economic Opportunity
Position: Support in Concept
Location: Second Senate Reading
Summary: Would provide that an advertising display advertising businesses and
activities within the boundary limits of, and as a part of, an individual redevelopment
agency project, as the project boundaries existed on December 29, 2011, may continue to
exist and be considered an on-premises display, for a period not to exceed 10 years or the
expiration of the redevelopment project area if the advertising display meets specified
criteria . This bill would authorize the designated agency to request from the department
an extension, as specified, and would provide that the 10-year period for an existing
display shall commence on January 1, 2013. By imposing new conditions on a
redevelopment project advertising display to remain lawfully erected, a violation of which
would constitute a misdemeanor, this bill would impose a state-mandated local program.
This bill contains other related provisions and other existing laws.