HomeMy WebLinkAboutAgenda Packet - November 18, 2013 - CC APPROVED
COUNCIL MEETING77,
Date,
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AZLIS
CONSENT ITEM
D-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT NEIUBER, DIRECTOR OF HUMAN RESOURCES
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: NOVEMBER 18, 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 November 12,2013,the Personnel Board confirmed the following Department Head recommendation regarding
the following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
Police Tamara Patlogar Police Communication Supervisor Merit Increase 9195/3
9/12/2013 $6,319.51
Utilities Edward Electrical Test Technician Regular Appt/ 5223/5
Beterbide Merit Increase $8,097.36
10/16/2013
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
APPROVED
COUNCIL UP=TIMr_
CONSENT ITEM
D-12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: NOVEMBER 18, 2013
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 71774 FOR THE PROPERTY
LOCATED AT THE NORTHEAST CORNER OF 9th ST & ALAMEDA AVE
RECOMMENDATION
It is recommended that the City Council act and find as follows:
1. That this project complies with the General Plan and is consistent with the approved
tentative map and any amendments thereto.
2. The City Council approves and authorizes the City Manager to execute the attached
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS for Tract No.
71774 to construct the required public improvements and also accept the attached
Performance Bond in the amount of $257,000, the attached Labor and Materials Bond for
$257,000, as guaranteed by International Fidelity Insurance Company.
3. This project is in compliance with the provisions of the Subdivision Map Act.
4. Approve Final Tract Map No. 71774.
5. Authorize the City Clerk and Treasurer to endorse the certificates on the face of the map,
which embodies the approval of Final Tract Map No. 71774.
BACKGROUND
The Planning Commission approved a tentative tract map on January 11, 2012 to City Ventures
Homebuilding, LLC, a Delaware limited liability company. The proposed project consists of 14
condominium units located at the northeast corner of Ninth Street and Alameda Avenue. The
final tract map has been reviewed by staff for compliance with the State Subdivision Map Act,
City ordinances and is in substantial compliance with the approved tentative tract map.
Attached is the agreement for COMPLETION OF PUBLIC IMPROVEMENTS for Tract No.
71774 to construct the required public improvements, as well as a Performance Bond in the
amount of $257,000, and Labor and Materials Bond in the amount of $257,000 as guaranteed by
International Fidelity Insurance Company.
FISCAL IMPACT
There are no fiscal impacts associated with this approval.
Attachments:
1 — Final Map
2 — Agreement for Public Improvements
3 — Performance and Labor Materials Bond
SHEET 1 OF 3 SHEETS
TRACT MAP NO. 71774 T r
IN THE CITY OF AZUSA
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOTS 21.22.23 AND 24, MAP OF AZUSA, INT THE CITY
OF AZUSA AS PER MAP RECORDED IN BOOK 15, PAGES 93 TO 9E, INCLUSIVE,
OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA j
LOT 1 FOR CONDOMINIUM PURPOSES
PHB & ASSOCIATES, INC.
JOHN DIERKSEN L.S. 6935
OWNER'S STATEMENT
Ai lItRE' i ::iA ¶, Al 'As AA'i 'HE 'OWYEAS :Y OF, 0f 61'7lR--jWP .N 1NE SAI D3 AY .' UUED
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CRsa- TD i1eE NRi AR'TYA AN: fl= I SAI, YAF AND 1�'AajDN
WE ]IERED'f f,A'IT ANL T-'M'ATC 'r' T4F c1111IC +JS`_ - STREE-. aiNWAYj AM.) Ull!T-1
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BASIS OF BEARINGS
THE BEARINGS rO0 THr, MAP AWE BASED ON THE CENTERLINE OF NJMEDDA AVENIIE AS SHOWN DN A.
RECOP.D OF SUIIA'D`T, FLED N BDOA 207, P,ACFS 20-6D, MCDHDS OF LOS ANOE CDL4M, BEING
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MONUMENT NOTE
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SURVEYOR'S STATEMENT
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CITY TREASURER'S CERTIFICATE
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5"-40' SHEET 2 OF 3 SHEETS
TRACT MAP No. 71774
N' IN THE CITY OF AZUSA
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
11 LOT JOHN DIERKSEN, L.S. 6935 0.643 ACRES
SURVEY DETAIL AND INDEX MAP
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TRACT MAP No. 71774
W'''- -E IN THE CITY OF AZUSA
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
S
1 LOT JOHN DIERKSEN, L.S. 6935 0.643 ACRES
SURVEY DETAIL AND INDEX MAP
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\ 199.93' (M & R2) A - - - ^+� - - - 185
EAST 389.87' (M & P•2)
(BASIS OF BEARINGS)
FOUPJD SPIKE, NO WASHEk, NO 9TN STREET
REF, BENT, DOWN 0.1', ACCEMCO
AS CENTERLINE IN R EC1 r
This page is part of your document - DO NOT DISCARD
20131721376
f � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlill11111111111
{ Recorded/Filed in Official Records
k Recorder's Office, Los Angeles County,
California
12/05/13 AT 10:11AM
Pages:0017
FEES:
0.00
TAXES:
0.00
OTHER:
0.00
PAID:
0.00
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201312052840039
00008619730
005922004
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
Jeffrey Lawrence Cornejo, Jr.
City Clerk
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
12/05/2013
;
i II I �l�ili �lil�il' I II' II�
'2013172.13176*
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS, pertaining to Tract No. 71774, dated
November 18, 2013, executed between City of Azusa and City Ventures Homebuilding, LLC.
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
City of Azusa
Public Works Department
213 E. Foothill Blvd, Azusa, CA 91702
ATTN: Daniel Bobadilla
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fee, per
Government Code
Section 6103
CITY OF AZUSA, CALIFORNIA
B f
City Clerk
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT NO. 71774
between
CITY OF AZUSA
a California municipal corporation
and
CITY VENTURES HOMEBUILDING, LLC
a Delaware limited liability company
,• 1
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT MAP NO. 71774 AGREEMENT FOR COMPLETION OF PUBLIC
IMPROVEMENTS
TRACT MAP NO. 71774
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements ("Agreement") is entered
into as of this 181 ► day of t4oue rs_; 2015 by and between the City of Azusa, a California
municipal corporation ("City") and City Ventures Homebuilding, a limited liability company
with it's principal office located at NN$y± B Ac+ _ ("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 ("Property"), and which is identified in City records
Tract Map No. 71774.
B. Developer's application for a tentative tract map for Tentative Tract No. 71774
was conditionally approved by the City Council on January 11, 2012.
C. 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.
71774 or other ordinances, resolutions, or policies of City requiring construction of
improvements in conjunction with the subdivision of land.
D. 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. 71774.
E. 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. 71774.
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.71774 and (d) Developer records the final map for
Tract No. 71774 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
2
action by either City or Developer, and Developer may not thereafter record the final map for
Tract No.71774.
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
No.71774, 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. 71774 ("Public
Improvements").
2.1 Prior Partial Construction of Public Improvement . 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 Pians 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.
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
3
shall have sufficient skill and experience to perform 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 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 Landsca in 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 the final map for Tract
No.71774.
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
4
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 Grading. 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.71774
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. 71774 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.71774.
8.0 City Inspection 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
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 Remed • Ci1y 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.
11.0 Acceptance of Improvements, 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
rel
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. 71774 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 Warranty 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").
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 Perfonnance 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 Two Hundred Fifty Seven Thousand and no/100 Dollars
($257,000.00), 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. 71774, 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. 71774.
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 Two Hundred Fifty Seen _Thousand
and no/100 Dollars ($257,000.00), 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 (201/o) 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.
14.0 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 seMc . 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.
8
9
15.0 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.
16.0 Insurance.
16.1 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.
16.1.1 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.
16.1.2 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.
16.1.3 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.
16.1.4 Professional Liabil�. 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.
9
16.2 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.
16.3 Additional Insured• Se aration 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.
16.4 Primary Insurance; Waiver of Subrogation. 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
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.
16.5 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.
16.6 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.
16.7 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.
17.0 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.
18.0 Relationship Between the. Patties. The Parties hereby mutually agree that neither
this Agreement, any map related to Tract No. 71774, nor any other related entitlement, permit, or
10
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.
19.0 General Provisions.
19.1 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.
19.2 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.
19.3 Construction,• References• Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement
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.
19.4 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: Carl Hassel
DEVELOPER:
C: i-6 Vevv6re-S
1Roc7 auail_5i.�eet: _
t
B& -ACh
9UP&0
Attn: gill MC-P-OVK.0-S
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.
19.5 Amendment: Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
19.6 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
11
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.
19.7 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.
19.8 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
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
19.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
19.10 Invalidity: Severabilb. 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.
19.11 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
governmental 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.
19.12 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)
12
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.
19.13 Counterparts. This Agreement may be executed in counterpart originals,
which taken together, shall constitute one and the same instrument.
CITY
OF AZUSA
_ signatur
(print name)
City Manager
City of Azusa
A
B
City Clerk
City of Azusa
CITY VENTURES HOMEBUILDING
By:
lk�
kL—
ignature)
- AJ"
rent name)
;�" By:
3 7.
(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.
13
ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On Ar r
le U."vii, , �� fir? before me,
Athena Bowyer, Notary Public personally appeared
Who proved to me on the basis of satisfactory evidence to be the personV) whose name(A is/ara
subscribed to the within instrument and acknowledged to me that he/fey executed the same in
his/ @e 41; it authorized capacity(aes.), and that by his/ e4 and that by his/ @#V& signature(4 on
the instrument the persor)k or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true
and correct.
WITNESS ml hand and official seal
Signatu
#tea Bowyer
Signature of Notary Public
ATHENA BOWYER
Commission 0 2019514
"wry PiNIC - C61ftrals
Los AngNss County
Agit Carom. Ex rss Art 3 201 T
Place Notary Seal Above
State of California
County of I -� ,, � 'e
On lec b do 13 before me, A -,\)Jt -e0 -1&'-"e'2 lite 'l— �uUic
j.T198R Ham.a of Notary lic and Title)
personally appeared Gc V ._S �C�. r - h Ll fif
who proved to me on the basis of satisfactory evidence to be the personw whose
name(() is/ate subscribed to the within instrument and acknowledged to me that
he/she'threy executed the same in his/ber-/the# authorized capacity(4&), and that by
his/ig1-/their signatureko on the instrument the personal, or the entity upon behalf of
which the person(,s'f acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
J. V. HERNANDEZ
Commission # 1998874
Notary Public - California
Los Angels County n
M OMM- E1246 Nov 22, 2016 J
ACK PARA WPOP (Rev OV08)
17
APPROVED
COUNCIL MEETING '_
Date. , oF„te
1l 110?-0/3 he ee � �
f d
sx
It
s... vcf . ;. nL. ...er. .rea_+ 3a _ _ ._�emvLa..ws_." S��X.. cw_ �� �„ _N.w �m�.�.m�'L._&.e�..2.;_........-1 +Q4/p"��t ;.
4..w..::^`r�:.
USA
SCHEDULED ITEM
C-2
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: SAM GONZALEZ, CHIEF OF POLICE
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: NOVEMBER 18, 2013
SUBJECT: INTRODUCTION OF ORDINANCE NO. 13-04 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF AZUSA, AMENDING AND RESTATING ARTICLE III
OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE TO ESTABLISH A
REGULATORY SCHEME FOR ADMINISTERING AND MANAGING THE CITY'S
RESPONSE TO ALARMS, FEES, FINES, APPEAL PROCESS, AND PROVIDING
OTHER MATTERS PROPERLY RELATING THERETO.
RECOMMENDATION
It is recommended that the City Council waive further reading, read by title only and introduce
Ordinance No. 13-04 - an Ordinance of the City Council of the City of Azusa, amending and restating
Article III of Chapter 18 of the Azusa Municipal Code to establish a regulatory scheme for
administering and managing the City's response to alarms, fees, fines, appeal process, and providing
other matters properly relating thereto.
BACKGROUND
The Azusa Police Department responded to 1,976 alarm calls in the last two years (2011-2012). Of
those alarms, only 14 were confirmed burglaries (99.2% were false alarms). These false alarms were
caused by equipment malfunction, poor installation, or user errors. False alarms create a serious burden
on the limited Police Department resources that result in higher response times to other legitimate
crimes. Amending the ordinance will assist in our goal to reduce the number of false alarms to which
officers must respond, thereby freeing up limited resources to respond to other emergency and non-
emergency calls.
The City of Azusa last reviewed its alarm ordinance when it was enacted in 1983. While it was a
contemporary ordinance when adopted, time has caused it to become antiquated and in need of updating.
Alarm industry standards have changed, including technology of equipment, acceptable standardized
fee/fine structures, program monitoring options, and our ordinance should be updated to reflect these
changes. The current municipal code must be amended in order to strengthen the alarm program by
Page 2 of 2
10/7/2013
City Council Staff Report
Alarm System Ordinance
decreasing false alarms, gaining compliance from alarm companies and customers and to improve
billing/collection.
Improvements and changes to the current municipal code include the following:
1. The first false alarm fee -Alarm users may have their first false burglar alarm fine waived by
completing an on-line or mail-in alarm school within 30 days of fine assessment. This is an
educational component to help users understand the proper operation of their alarm system.
Statistically, alarm users that have one false burglar alarm per year, account for 60% of the total
annual false burglar alarm calls. These users will not be fined should they take the opportunity to
complete the short alarm school.
2. Establishes "Enhanced Call Verification" which requires an attempt by the Monitoring
Company to contact the alarm site or alarm user by telephone and/or other electronic means be
made, in an attempt to avoid an unnecessary alarm dispatch request.
3. Requires alarm users to address false burglar alarm problems or face suspension from the
alarm program after the fourth false burglar alarm within a one-year period. During suspension,
the alarm user has 30 days to correct the problem before being restored to the alarm program.
4. If a user has eight false burglar alarms in a one-year period, their account will be suspended
and placed on "verified response" for twelve months. The police department will only respond to
a "verified response" burglar alarm based on information from a person physically present at the
location or from real-time video or audio surveillance positively verifying a crime or attempted
crime has occurred at the location.
These amendments and update of the current municipal code holds alarm users and companies
responsible for the proper installation of alarm systems, and alarm users accountable for its proper
operation. Additionally, it will reduce false alarms and allow police officers to be deployed more
efficiently to other emergency and non-emergency events and provide increased service to the citizens
of Azusa.
FISCAL IMPACT
None.
Attachments:
Ordinance No. 13-04
Prepared by:
John Momot, Captain
ORDINANCE NO. 13-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING AND RESTATING ARTICLE HI OF CHAPTER 18 OF THE
AZUSA MUNICIPAL CODE TO ESTABLISH A MODERN
REGULATORY SCHEME FOR ADMINISTERING AND MANAGING
THE CITY'S RESPONSE TO ALARMS, FEES, FINES, APPEAL
PROCESS, AND PROVIDING OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, the City of Azusa ("City"), pursuant to the police powers delegated to it by
the California Constitution, has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens; and
WHEREAS, the Azusa Police Department regularly responds to burglary and robbery
alarms throughout the City and in that process responds to a large number of false alarms; and
WHEREAS, the Azusa Police Department's statistics show that between January 1, 2011
and December 31, 2012, the Department responded to 1,962 false alarm calls; and
WHEREAS, the current scheme established to address the problem of false alarms has
not sufficiently reduced the number of false alarms and consequently this Ordinance is being
enacted to tighten the regulations; and
WHEREAS, California law does not preempt local cities from using their police power
to establish a regulatory scheme that governs false alarm activations and responses and require
persons who operate alarm systems to obtain a permit to operate the alarm system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Article III of Chapter 18 of the Azusa Municipal Code is amended and
restated in its entirety to read as follows:
"Sec. 18.244—Purpose.
Sec. 18.245 —Definitions.
Sec. 18.246—Administration; Funding; Increases in Fees and Fines; Annual Evaluation
Sec. 18.247—Alarm Registrations Required; Terms; Fees and Fee Collection.
Sec. 18.248 —Registration Application; Contents.
Sec. 18.249—Transfer of Registration Prohibited.
Sec. 18.250—Duties of Alarm Users.
Sec. 18.251 —Audible Alarms; Restrictions, Abatement of Malfunctioning Alarm.
Sec. 18.252—Registration and Duties of Alarm Installation Companies and Monitoring
Companies.
Sec. 18.253 —Duties and Authority of the Alarm Administrator.
Sec. 18.254—False Alarm Fines; Fees; Late Charges.
Sec. 18.255—Notice to Alarm Users of False Alarms and Suspension of a Police
Response.
Sec. 18.256—Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm
Dispatch Request for Suspended Alarm Site and Verified Response.
Sec. 18.257—Appeals of Determinations Regarding Alarm Registrations, Fees and Fines.
Sec. 18.258 —Reinstatement of Suspended Alarm Registrations.
Sec. 18.259— Suspension of Police Response to Dispatch Requests from Certain Alarm
Installation Companies and Monitoring Companies.
Sec. 18.260—Police Department Response.
Sec. 18.261 —Confidentiality of Alarm Information.
Sec. 18.262— Scope of Police Duty; Immunities Preserved.
Sec. 18.244. Purpose.
The City Council finds and declares that:
A. The vast majority of alarms to which the Police Department responds are False
Alarms, which are reported to the Police by alarm companies.
B. Most False Alarms are the result of improper maintenance or improper or careless
use of an Alarm System.
C. The public and Police Officers are subjected to needless danger when the Officers
are called to respond to False Alarms.
D. Officers responding to False Alarms are not available to carry out other Police
duties.
E. In the interest of using limited Police resources most effectively and efficiently,
the number of False Alarms can and must be reduced.
F. The purpose of this Article is to reduce the dangers and inefficiencies associated
with False Alarms and to encourage alarm companies and property owners to maintain the
operational reliability, properly use Alarm Systems, and to reduce or eliminate False Alarm
Dispatch Requests.
G. This Article governs systems intended to summon a Police response, establishes
fees, fines, establishes a system of administration, sets conditions for the suspension of a Police
response and establishes a public education and training program.
Sec. 18.245. Definitions.
For purposes of this Article, the following terms shall have the following meanings:
A. "Alarm Administrator" means the Person or Persons designated by the Police
Department to administer the provisions of this Article.
B. "Alarm Agreement" means the legal contract or agreement by and between the
Alarm Installation Company and/or Monitoring Company and the Alarm User.
C. "Alarm Agreement Holding Company"means the Alarm Installation Company or
Monitoring Company that holds the Alarm Agreement with the Alarm User
D. "Alarm Installation Company" means a Person in the business of selling,
providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm
System at an Alarm Site for compensation, and includes individuals or firms that install and
service Alarm Systems used in a private business or proprietary facility.
E. "Alarm Dispatch Request" means a notification to the Police Department that an
alarm, either manual or automatic, has been activated at a particular Alarm Site.
F. "Alarm Registration" means a registration and unique Number issued by the
Alarm Administrator to an Alarm User, which authorizes the operation of an Alarm System.
G. "Alarm Response Manager (ARM)" means a Person designated by an Alarm
Installation Company and Monitoring Company to handle alarm issues for the company and act
as the primary point of contact for the City's Alarm Administrator.
H. "Alarm Site" means a location served by one or more Alarm Systems. In a multi-
unit building or complex, each unit shall be considered a separate Alarm Site if served by a
separate Alarm System. In a single unit building that houses two or more separate businesses
with separate Alarm Systems, each business will be considered a separate Alarm Site.
L "Alarm System" means a device or series of devices, which emit or transmit an
audible or remote visual or electronic alarm signal, which is intended to summon Police
response. The term includes hardwired systems and systems interconnected with a radio
frequency method such as cellular or private radio signals, and includes Local Alarm Systems,
but does not include an alarm installed in a motor vehicle, on an individual's person or a system
which will not emit a signal either audible or visible from the outside of the building, residence
or beyond, but is designed solely to alert the occupants of a building or residence.
J. "Alarm User" means any Person who has contracted for Monitoring, repair,
installation or maintenance service for an Alarm System from an Alarm Installation Company or
Monitoring Company, or who owns or operates an Alarm System which is not monitored,
maintained or repaired under agreement.
K. "Alarm User Awareness Class" means a class conducted for the purpose of
educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems
and the problems created by False Alarms.
L. "Alarm User List" means a list provided by the Alarm User's Alarm Installation
Company or if no Alarm Agreement exists between the Alarm User and an Alarm Installation
Company, the Alarm User's Monitoring Company.
M. "Arming Station"means a device that controls an Alarm System.
N. "Automatic Voice Dialer" means any electronic, mechanical, or other device
which, when activated, is capable of being programmed to send a prerecorded voice message to
the Police Department or City requesting an officer be dispatched to an Alarm Site.
0. "Burglar Alarm" means an alarm intended to identify the presence of an intruder
in either a business or residence.
P. "Business License" means a Business License issued by the City of Azusa
Business License division to an Alarm Installation Company or Monitoring Company to conduct
business in the City.
Q. "Cancellation" means the termination of a Police response to an Alarm Site after
an Alarm Dispatch Request is made but before an officer's arrival at the Alarm Site.
R. "Conversion of Alarm User" means the transaction or process by which one
Alarm Installation Company or Monitoring Company begins the servicing or monitoring of a
previously unmonitored Alarm System or an Alarm System that was previously serviced or
monitored by another alarm company.
S. "City"means City of Azusa.
T. "Duress Alarm" means a silent Alarm System signal generated by the entry of a
designated code into an Arming Station in order to signal that the Alarm User is being forced to
turn off the system and requires an officer response.
U. "Enhanced Call Verification" means an attempt by the Monitoring Company, or
its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm User's
designated representatives by telephone and/or other electronic means, whether or not actual
contact with a Person is made, to determine whether an alarm signal is valid before requesting a
Police Burglar Alarm Dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request.
For the purpose of this Article, telephone verification shall require, as a minimum that a second
call be made to a different number, if the first attempt fails to reach an Alarm User who can
properly identify themselves to determine whether an alarm signal is valid before requesting an
officer dispatch. Names and numbers or those contacted or attempted to contact, shall be
provided when requested.
V. "False Alarm" means an Alarm Dispatch Request to the Police Department,
which results in the responding officer finding no evidence of a criminal offense or attempted
criminal offense after completing an investigation of the Alarm Site.
W. "Holdup Alarm" means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
X. "Local Alarm System" means an unmonitored Alarm System that annunciates an
alarm only at the Alarm Site.
Y. "Monitoring" means the process by which a Monitoring Company receives
signals from an Alarm System and relays an Alarm Dispatch Request to the Police Department.
Z. "Monitoring Company" means a Person in the business of providing Monitoring
services.
AA. "One Plus Duress Alarm" means the manual activation of a silent alarm signal by
entering a code that adds one number to the last digit of the normal arm/disarm code (e.g.,
normal code= 1234, one plus duress code= 1235).
BB. "Panic Alarm"means an Alarm System signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation requiring an officer
response.
CC. "Person" means an individual, corporation, limited liability company, partnership,
association, organization or similar entity.
DD. "Police Department"means the Azusa Police Department.
EE. "Protective or Reactive Alarm System" means an Alarm System that produces a
temporary disability or sensory deprivation through use of chemical, electrical, sonic or other
means, including use of devices that obscure or disable a Person's vision.
FF. "Registration Number" means a unique individual number assigned to an Alarm
User as part of Alarm Registration issued by the Police Department.
GG. "Responsible Party" means a Person capable of appearing at the Alarm Site upon
request who has access to the Alarm Site, the code to the Alarm System and the authority to
approve repairs to the Alarm System.
HH. "Robbery Alarm" means an alarm signal generated by the manual or automatic
activation of a device, or any system, device or mechanism on or near the premises intended to
signal that a robbery is in progress and that a Person is in need of immediate Police assistance in
order to avoid bodily harm, injury or death. The term has the same general meaning as "Holdup
Alarm or Duress Alarm."
II. "SIA Control Panel Standard CP-01" means the ANSI — American National
Standard Institute-approved Security Industry Association — SIA CP-01 Control Panel Standard,
as may be updated from time to time, that details recommended design features for security
system control panels and their associated arming and disarming devices to reduce the incidence
of False Alarms. Control panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations are marked as follows: "Design
evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm
Reduction."
JJ. "Takeover" means the transaction or process by which an Alarm User takes over
control of an existing Alarm System that was previously controlled by another Alarm User.
KK. "Verified Response" means a police response that is based on information
received from a person physically present at a location (e.g., an Alarm Site) or from real-time
audio or video surveillance positively verifying that there is evidence of either a crime or an
attempted crime at the location.
LL. "Zones" mean a division of devices into which an Alarm System is divided to
indicate the general location from which an Alarm System signal is transmitted.
Sec. 18.246 Administration; Funding; Increases in Fees and Fines; Annual
Evaluation.
A. Responsibility for administration of this Article is vested with the Police
Department.
B. The Police Department shall designate an Alarm Administrator to carry out the
duties and functions described in this section.
C. Monies generated by fees and fines assessed pursuant to this section shall be
dedicated for use by the Police Department for the administration of the provisions of this Article
and officers' response to alarms.
D. The amount of the fees and fines set forth in this section shall be specified in the
City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council.
For purposes of this subsection, "fees" include any type or class of fee and includes late charges.
E. The Alarm Administrator shall conduct an annual evaluation and analysis of the
effectiveness of this Article and identify and implement system improvements as warranted.
Sec. 18.247 Alarm Registrations Required; Terms; Fees and Fee Collection
A. An Alarm User shall not operate, or cause to be operated, any Alarm System
without a valid Alarm Registration. A separate Alarm Registration is required for each Alarm
Site having a distinct address or business name. A registration fee including a completed Alarm
Registration application shall be received and approved by the Alarm Administrator prior to any
Alarm System activation. There shall be reduced residential registration fees for senior citizens,
low-income and disabled persons. The city council shall establish such classes of persons by
resolution.
B. Owners of Local Alarm Systems are required to adhere to all sections of this
Article and are subject to all fees, fines, suspensions, penalties or other requirements that are
applicable.
C. The fee for a new initial Alarm Registration and the Alarm Registration renewal
fee shall be collected by the Alarm Administrator.
D. Existing Alarm Systems:
1. Any Alarm System that has been installed before the effective date of this
Ordinance shall be registered and a registration fee collected by the Alarm Administrator.
a. The Alarm Agreement Holding Company shall provide within
forty (40) days of the effective date of this Ordinance, an Alarm User List of existing Alarm
Users in the City, in a format approved by the Alarm Administrator, including name, address,
billing address and telephone number to the Alarm Administrator.
b. The Alarm Agreement Holding Company may apply to the Alarm
Administrator for an extension of the time limit in subsection (a) based on extenuating
circumstances.
2. The Alarm Agreement Holding Company may, through a mutual written
agreement, have another Alarm Company provide the Alarm User's list.
E. New Alarm Systems:
1. Any Alarm Installation Company that installs an Alarm System on
premises located within the City of Azusa shall notify the Alarm Administrator within ten (10)
days that an Alarm System has been installed and send the Alarm Administrator the required
information.
2. In the case of self-installed alarm systems that are to be monitored by a
Monitoring Company, the Monitoring Company shall act as the Alarm Installation Company
regarding the duties to notify the Alarm Administrator.
3. Failure of an Alarm Installation Company to notify the Alarm
Administrator of a new Alarm System installation within ten (10) days of installation shall result
in a fine as established by resolution of the city council to be imposed on the Alarm Installation
Company.
4. The initial Alarm Registration fee shall be collected by the Alarm
Administrator. Failure of the Alarm User to submit an application and registration fee within the
thirty (30) days after notice shall result in the Alarm System being classified as non-registered
and late charges being assessed.
F. Alarm Registration and Renewal Fees
1. An Alarm Registration shall expire one year from the date of issuance, and
must be renewed annually by the Alarm User. The Alarm Administrator shall notify the Alarm
User of the need to renew their registration thirty (30) days prior to the expiration of the
registration. It is the responsibility of the Alarm User to submit the updated information and
renewal fees prior to the registration expiration date. Failure to renew shall be classified as use
of a non-registered Alarm System and subject the Alarm Site to a suspension and late charge.
2. Registration fees shall be collected annually based on a one year
registration period. The amount of the registration and renewal fees required are established by
resolution of the city council.
G. Late charge. Alarm Users who fail to make payment for an Alarm Registration
prior to the registration's expiration date will be assessed a late charge as established by
resolution of the city council.
H. Refunds. No refund of a registration fee or registration renewal fee will be made.
I. Upon receipt of a completed Alarm Registration application form and the Alarm
Registration fee, the Alarm Administrator shall issue a Registration Number or Alarm
Registration renewal to the applicant unless:
1. The applicant has failed to pay any fee or fine assessed under this Article;
or
2. An Alarm Registration for the Alarm Site has been suspended, and the
condition causing the suspension has not been corrected; or
3. The Alarm Installation Company and/or the Monitoring Company listed
on the registration application are not in possession of a current valid State of California
Department of Consumer Affairs Alarm Company Operators License.
4. Any false statement of a material fact made by an applicant for the
purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue an Alarm
Registration.
J. Exceptions.
1. Government entities, including but not necessarily limited to the City,
County, State, Federal and School Districts, must obtain Alarm Registrations for all Alarm
Systems on property under their control within the boundaries of Azusa, but are exempt from
payment of Alarm Registration and renewal fees.
2. All registration-fee-exempted alarm sites are required to obtain and
maintain a valid Alarm Registration for a Police response and are subjected to all other fees,
fines and suspension enforcements.
Sec. 18-248. Registration Application; Contents.
An application for an Alarm Registration must be in a format provided by the Police
Department. The information required on such forms shall be determined by the Alarm
Administrator. Registration applicants acknowledge that the Police response may be influenced
by factors including, but not limited to, the availability of officers, priority of calls, traffic
conditions, weather conditions, emergency conditions, prior alarm history, administrative actions
and staffing levels.
Sec. 18-249. Transfer of Registration Prohibited.
A. An Alarm Registration cannot be transferred to another Person or Alarm Site. An
Alarm User shall inform the Alarm Administrator and their Alarm Company of any change to
the information listed on the Alarm Registration application within ten (10) business days after
such change.
B. Exceptions may be made in the discretion of the Alarm Administrator when the
transfer proposed is among members of the family of the original registration holder or
successors in interest to the property for which the Alarm Registration has been issued.
Sec. 18-250. Duties of Alarm Users.
A. An Alarm User shall:
1. Maintain the Alarm Site and the Alarm System in a manner that will
minimize or eliminate False Alarms;
2. Make every reasonable effort to arrive at the Alarm System's location
within 30 minutes after being requested by the Monitoring Company or Police Department in
order to:
a. Deactivate an Alarm System;
b. Provide access to the Alarm Site; and/or
c. Provide alternative security for the Alarm Site.
3. Provide his, her, or its Monitoring Company with the updated names and
telephone numbers of at least two individuals who are able and have agreed to:
a. Receive notification of an Alarm System activation at any time;
b. Respond to the Alarm Site at any time; and
c. Provide access to the Alarm Site and deactivate the Alarm System,
if necessary.
4. Not activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report.
5. Notify his, her, or its Monitoring Company of any suspension of police
response (as provided for under this Article) and request that the Monitoring Company not make
a Burglar Alarm Dispatch Request.
B. No Person shall operate or cause to be operated any Automatic Voice Dialer
which, when activated, uses a telephone device or attachment to automatically dial a telephone
line leading into the Police Department or the City and then transmit any pre-recorded message
or signal. A fine in an amount established by resolution of the city council shall be imposed for
each violation of this prohibition.
C. An Alarm User shall keep a set of written operating instructions for each Alarm
System at each Alarm Site.
Sec. 18-251.Audible Alarms; Restrictions,Abatement of Malfunctioning Alarm.
A. No Alarm System shall emit a sound resembling an emergency vehicle siren or
civil defense warning. The chief of police shall make the final determination regarding any
question of an audible alarm within this section.
B. After the effective date of this ordinance no one shall install, modify or repair an
Alarm System in the City of Azusa that has a siren, bell or other signal that is audible from any
property adjacent to the Alarm Site that sounds for longer than ten (10) consecutive minutes after
the alarm is activated, or that repeats the ten (10) minute audible cycle more than three
consecutive times during a single armed period. A fine in an amount established by resolution of
the city council shall be imposed for each violation of this prohibition.
C. In the event that an audible alarm is activated and fails to reset itself or continues
to activate for more than (60) sixty minutes and the responsible person listed on the Alarm
Registration or other responsible person cannot or will not respond and silence the alarm, and the
continued activation of the alarm is creating a disturbance, the Police Department may cause the
alarm to be silenced in a manner determined appropriate for the circumstances. The Alarm User
shall be held responsible for the actual costs involved to abate the malfunctioning alarm up to a
maximum of three hundred dollars ($300). The City, its employees or agents shall not be
responsible or liable for damage resulting from such disconnection.
Sec. 18-252. Registration and Duties of Alarm Installation Companies and
Monitoring Companies.
A. Registration.
1. No alarm company operator or alarm agent, as defined by the Business
and Professions Code, shall install, maintain, or repair any Alarm System within the City unless
the Alarm Company operator or alarm agent has, prior to performing such work, obtained a
Business License and registered his or her name and address and filed a copy of his or her state
identification card with the City's finance department.
2. Each Alarm Installation Company and Alarm Monitoring Company must
designate one individual as the Alarm Response Manager (ARM) for the company. The
individual designated as the ARM must be knowledgeable of the provisions of this Article, as
well as have the knowledge and authority to deal with False Alarm issues and respond to
requests from the Alarm Administrator. The name, contact number, and email address of the
ARM shall be provided to the Alarm Administrator. Failure to comply within thirty (30) days
after being notified in writing from the Alarm Administrator may result in the suspension of
Police Department response to Alarm Dispatch Requests from the non-complying Alarm
Installation Company or Monitoring Company.
3. Each Alarm Installation Company shall provide the name, address and
phone number of any Monitoring Company it is using to monitor its Alarm Sites within the City,
and Monitoring Companies shall do the same for Alarm Installation Companies that use their
monitoring services within the City.
4. Disconnected Alarm Users. An Alarm Installation Company or Alarm
Monitoring Company that holds the Alarm Agreement shall notify the Alarm Administrator by
the 15th day of each month of all their alarm customers within the City of Azusa that have
discontinued their alarm service with the company in the previous month. Failure to comply shall
result in a fine per violation in an amount established by resolution by the city council. The fine
may be waived by the Alarm Administrator when the Alarm Installation Company or Monitoring
Company provides documentation that it has a valid contract with the respective Alarm User.
B. Alarm Installation Companies shall:
1. Upon the installation or activation of an Alarm System, the Alarm
Installation Company shall distribute to the Alarm User information summarizing:
a. The applicable law relating to False Alarms, including the
Registration Fee and the potential for fines and suspension of an
Alarm Registration;
b. How to prevent False Alarms; and
c. How to operate the Alarm System.
2. After the effective date of this Ordinance, Alarm Installation Companies
shall not program Alarm Systems so that they are capable of sending One Plus Duress Alarms.
Monitoring Companies may continue to report One Plus Duress Alarms received from Alarm
Systems programmed with One Plus Duress Alarms installed prior to the effective date of this
Ordinance.
3. After the effective date of this Ordinance, Alarm Installation Companies
shall not install, modify or repair "single action" devices for the activation of Hold-up, Robbery
or Panic Alarms. New devices shall require two actions or an activation time delay to provide
more positive assurance that the user intends to activate the device.
4. Ninety days after the effective date of this Ordinance, an Alarm
Installation Company shall, on new installations, use only alarm control panel(s) which meet
ANSI/SIA CP-01- Control Panel Standard - Features for False Alarm Reduction.
5. An Alarm Installation Company shall not use an Automatic Voice Dialer
for any Alarm System which, when activated, uses a telephone device or attachment to
automatically dial a telephone line leading into the Police Department or the City and then
transmit any pre-recorded message or signal.
6. Ensure that Alarm Users of Alarm Systems equipped with a Duress,
Robbery, Holdup or Panic Alarm has been provided adequate training as to the proper use of the
Alarm System's operation and function.
7. All Alarm Systems shall be supplied with an uninterrupted power supply
in such a manner that the failure or interruption of the normal electric utility service will not
activate the Alarm System.
8. All audible Alarm Systems shall include a device which will limit the
duration of the audible alarm to a period of not more than ten (10) minutes per activation.
C. A Monitoring Company shall:
1. Report alarm signals by using telephone numbers designated by the Alarm
Administrator or other approved communication processes.
2. Employ Enhanced Call Verification procedures on all Burglar Alarm
Dispatch Requests. The Azusa Police Department may refuse to accept an Alarm Dispatch
Request from a Monitoring Company that has failed to comply with the procedures required by
Enhanced Call Verification. This subsection becomes effective Ninety (90) days after the
effective date of this Ordinance.
3. Communicate Alarm Dispatch Requests to the Police Department in a
manner and form determined by the Alarm Administrator.
4. Communicate Cancellations to the Police Department in a manner and
form determined by the Alarm Administrator.
5. Communicate any available Zone Information (north, south, front, back,
door, window etc.) about the location of an alarm signal(s) as part of an Alarm Dispatch Request.
6. Communicate the type of alarm activation (silent or audible, interior or
perimeter), if available, on any Alarm Dispatch Request.
7. Notify Communications (Dispatch) of any Alarm Site that it knows, or
reasonably should know has guard dog(s), pets or is fitted with a Protective-Reactive Alarm
System. During any alarm at such a site, a Responsible Party must be contacted and confirm that
he or she will respond to the Alarm Site to disarm the device or take control of the guard dog(s).
8. After an Alarm Dispatch Request, promptly advise the Police Department
if the Monitoring Company knows that the Alarm User or a Responsible Party is on the way to
the Alarm Site;
9. Each Monitoring Company must maintain, for a period of at least one year
after the date of an Alarm Dispatch Request, all records relating to the Alarm Dispatch Request.
Records must include the name, address and telephone number of the Alarm User, each Alarm
System zone activated, the time of Alarm Dispatch Request and evidence of all attempts to
verify. The Alarm Administrator may request copies of such records for any individual Alarm
User. If the request is made within 60 days after an Alarm Dispatch Request, the Monitoring
Company shall furnish requested records within three (3) business days after receiving the
request. If the records are requested between sixty (60) days and (one) 1 year after an Alarm
Dispatch Request, the Monitoring Company shall furnish the requested records within thirty(30)
days after receiving the request.
10. Each Monitoring Company shall, upon request, immediately provide the
Police Department with the names and phone numbers of the Alarm User's emergency contacts
at the time of each Alarm Dispatch Request.
D. Conversion of Alarm Users. An Alarm Installation Company or Monitoring
Company that converts the servicing of any Alarm System account from another company shall
notify the Alarm Administrator of such conversion and shall make a reasonable effort to provide
to the Alarm Administrator, within 60 days from the date of conversion, an Alarm User List of
the converted accounts, in a format acceptable to the Alarm Administrator, that includes the
following:
1. Registration Number
2. Customer name
3. Customer billing address
4. Customer telephone number
5. Alarm Site address
6. Alarm Installation Company License number
7. Monitoring Company License number
E. The customer lists described in subsection (D) above are proprietary and
confidential information and will not be released to anyone absent a court order.
Sec. 18-253. Duties and authority of the Alarm Administrator.
A. The Alarm Administrator shall:
1. Designate the manner and form of Alarm Dispatch Requests and the
telephone numbers and/or communication process that are to be used for such requests; and
2. Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
B. The Alarm Administrator shall establish a procedure to acquire and record
information on Alarm Dispatch Requests.
C. The Alarm Administrator shall establish and implement a procedure to notify the
Alarm User of a False Alarm. The notice shall include the following:
1. The date and time of an officer's response to the False Alarm; and
2. Any False Alarm fine incurred.
D. The Alarm Administrator may require that a conference be held with an Alarm
User and the Alarm Installation Company or Monitoring Company responsible for repairing or
monitoring of the Alarm System to review the circumstances of each False Alarm. The
conference may be held in Person or through a conference telephone call, at the Alarm
Administrator's discretion. Failure to participate may result in suspension of the Alarm
Registration, as indicated by the facts of the case.
E. The Alarm Administrator may establish an Alarm User Awareness Class. The
Alarm Administrator may request the assistance of associations, alarm companies and law
enforcement agencies in developing and implementing the class. The class shall inform Alarm
Users of the Alarm Ordinance; problems created by False Alarms and teach Alarm Users how to
avoid creating False Alarms.
F. If a false Robbery, Holdup or Panic Alarm has occurred and the alarm was
triggered using a single action, non-recessed device, the Alarm Administrator may consider a
waiver or partial waiver of the False Alarm fine, if action is taken by the Alarm User to remove
or replace the single action, non-recessed device.
G. The Alarm Administrator shall make a copy of this Ordinance and/or an
ordinance summary sheet available to each Alarm User.
H. The Alarm Administrator may use electronic means to communicate with Alarm
Users, Alarm Installation Companies and Monitoring Companies when applicable or when
requested by the recipient and at the Alarm Administrators discretion.
Sec. 18-254. False Alarm Fines; Fees; Late Charges.
A. The Alarm Administrator may assess the Alarm User a fine for a False Alarm
occurring at that Alarm User's Alarm Site. The amount of said fines for the listed categories
shall be established by city council and may be subsequently amended by resolution of the city
council.
1. Burglar False Alarm Fines:
2. Robbery False Alarm Fines:
3. Residential Panic False Alarm Fines:
B. If a False Alarm fine is not paid within thirty(30) days after the invoice is mailed,
a late charge as established by resolution of the city council shall be imposed.
C. Fines for False Alarms from Non-registered Alarm Systems. For person(s)
operating a Non-registered Alarm System incurring a False Alarm, fines shall be imposed as
established by resolution of the city council.
D. Any Monitoring Company after five (5) business days of receiving notice from
the Alarm Administrator that an Alarm User's registration status is that of Non-registered shall
not make a Burglar Alarm Dispatch Request from that Alarm User.
E. If Cancellation of a Police response occurs prior to the officer's arrival at the
Alarm Site, the response is not considered a False Alarm and no False Alarm fine will be
assessed.
F. The Alarm Installation Company shall be assessed a fine in an amount established
by resolution of the city council if the officer responding to a False Alarm determines that an on-
site employee of the Alarm Installation Company directly caused the False Alarm. Such False
Alarms are not included in the total number of False Alarms for the Alarm User,nor is the Alarm
User to be held liable for any False Alarm fine resulting from such alarm activation.
G. A fine in an amount established by resolution of the city council shall be imposed
against any Monitoring Company that fails to verify Alarm System signals as required in
subsection 18-252(C)(2) of this Article.
H. A fine in an amount established by resolution of the city council shall be imposed
against an Alarm Installation Company if the Alarm Administrator determines that an employee
of the Alarm Installation Company knowingly made a false statement concerning the inspection
of an Alarm Site or the performance of an Alarm System.
I. Notice of the right of appeal under this ordinance will be included with notice of
any fine.
J. All registration fees, renewal registration fees or fines assessed under this section
are due within thirty (30) days of written notice unless otherwise noted. A late charge in an
amount established by resolution of the city council shall be imposed for each individual fee or
fine due that is not paid within thirty(30) days.
K. The Alarm Administrator may waive the False Alarm fine for the first chargeable
False Alarm during the Alarm User's one year registration period, pending the successful
completion of the Online Alarm User Awareness Class available through the Alarm
Administrator. In order to have the fine waived, the Alarm User shall have successfully
completed the class within thirty (30) days of the fine notice. Alarm Users without online access
may request the online school and test be mailed to them. Reasonable additional time to
complete the Alarm User Awareness Class shall be allowed for mail delivery.
Sec. 18-255. Notice to Alarm Users of False Alarms and Suspension of a Police
Response.
A. The Alarm Administrator shall notify the Alarm User in writing after each False
Alarm. The notice shall include the amount of the fine for the False Alarm, the fact that Police
response to further alarms will be suspended after the fourth False Alarm during the Alarm
User's one-year Alarm Registration period, (excluding Duress, Robbery, Holdup and Panic
Alarms), and that the Alarm User has the right to appeal.
B. The Alarm Administrator shall notify the Alarm User in writing thirty (30) days
beforehand that a Police Department response to further alarms is to be suspended. The right of
appeal under this Ordinance shall be included with the notice. The notice of suspension shall also
include the amount of any fees and/or fines due and a description of the reinstatement process.
Sec. 18-256. Alarm Registration Suspension, Fees, Fines, Violation to Make Alarm
Dispatch Request for Suspended Alarm Site and Verified Response.
A. The Alarm Administrator shall notify the Police Department of each Alarm User
whose Alarm Registration qualifies for suspension under this section. The Alarm Administrator
may suspend an Alarm Registration if it is determined that:
1. There is a false statement of a material fact in the registration application;
or
2. The Alarm User has had four or more false Burglar Alarms within the
one-year registration period, except that the Alarm Administrator may waive a suspension of a
registration upon receipt of documented work orders showing reasonable attempts to repair the
Alarm System prior to the notice of suspension.
3. The Alarm User fails or refuses to pay an Alarm Registration or Alarm
Registration Renewal fee, False Alarm fine, late charge, or any other fee, fine, or charge assessed
under this section.
B. It is a violation of this section for a Person to operate a Burglar Alarm System
during the period in which the Alarm Registration is suspended. It is a violation of this Article
for a Monitoring Company to make an Alarm Dispatch Request to a Burglar Alarm Site after the
Monitoring Company's Alarm Response Manager (ARM) has been notified by electronic mail
by the Alarm Administrator that the registration for that Alarm Site has been suspended. A
grace period of five (5) business days after the ARM's notification shall be granted the
Monitoring Company to comply.
C. False Alarm Fines under Suspension status. In addition to the fines set forth in
subsection 18-254(A) of this Article, a supplemental fine is hereby imposed upon any Person
operating a suspended Burglar Alarm System. The amount of said fines shall be established by
resolution of the city council.
D. It shall be the responsibility of the Alarm User to notify their respective Alarm
Monitoring Company of their suspension status. An Alarm User shall be held financially
accountable for all false alarm fines incurred.
E. Unless there is a separate indication that there is a crime in progress, the Police
Department may or may not dispatch an officer to an Alarm Site for which an Alarm
Registration is suspended.
F. Upon an additional suspension for excessive false alarms within twelve (12)
months after an Alarm User has reinstated their Alarm System, the status of the registration shall
be that of Verified Response. Verified Response status for Burglar Alarm requests shall be
enforced for twelve (12) months from the official date of notice of suspension. Such affected
Alarm User may apply for reinstatement after the expiration of the twelve (12) months.
Sec. 18-257. Appeals of Determinations Regarding Alarm Registrations, Fees and
Fines.
A. If the Alarm Administrator assesses a fee or fine, suspends an Alarm Registration
or denies the issuance, renewal or reinstatement of an Alarm Registration, the Alarm
Administrator shall send written notice of the action and a statement of the right to appeal to the
affected applicant, Alarm User, Alarm Installation Company or Alarm Monitoring Company.
B. The applicant, Alarm User, Alarm Installation Company or Alarm Monitoring
Company may appeal any action described in subsection (A) above to the Police Chief(or his or
her designee) by setting forth in writing the reasons for the appeal and delivering the appeal to
the Police Chief (or designee) within twenty (20) business days after receipt of notice of the
action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the Police Chief(or designee) is as follows:
1. The applicant, Alarm User, Alarm Installation Company or Monitoring
Company may file a written request for appeal by paying an appeal fee and setting forth the
reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administrator's Action."
The appeal fee shall be in an amount established by resolution of the city council and will be
returned to the appealing party if the appeal is successful.
2. The Police Chief (or designee) shall conduct a hearing on the appeal
within thirty (30) days after the Police Department's receipt of the request for appeal and appeal
fee and shall consider the evidence submitted by the appealing party and the Alarm
Administrator. The Police Chief (or designee) must base the decision on the preponderance of
evidence presented at the hearing and must render a decision within fifteen (15) days after the
date of the hearing. The decision shall affirm or reverse the decision or action taken by the Alarm
Administrator.
3. Filing of an appeal stays any action by the Alarm Administrator to
suspend an Alarm Registration or require the payment of a fee or fine until the appeal process
has been exhausted. This provision applies only to the action of the Alarm Administrator that is
the subject of the appeal. This provision does not operate as a bar to enforcement action on
violations of this section that occur thereafter.
D. The Alarm Administrator or the Police Chief, or their respective designees, may
adjust the count of False Alarms or assessed fees based on:
1. Evidence that a False Alarm was caused by action of a communications
services provider(i.e. telephone, cellular, cable company);
2. Evidence that a False Alarm was caused by a power outage of more than
four(4) hours or severe weather such as a tornado or earthquake;
3. Evidence that an Alarm Dispatch Request was not a False Alarm; or
4. The occurrence of multiple alarms within a 24 hour period, which may be
considered as one False Alarm if the Alarm User has taken corrective action, unless the False
Alarms are directly caused by the Alarm User.
E. The Alarm Administrator may waive all or part of a False Alarm fine due to
extenuating circumstances or to encourage corrective action with supervisor approval.
Sec. 18-258 Reinstatement of Suspended Alarm Registrations.
A. On the suspension of an Alarm Registration, a Person whose Alarm Registration
has been suspended may obtain reinstatement of the registration by the Alarm Administrator if
the Person:
1. Pays a reinstatement fee as established by resolution of the city council;
2. Pays, or otherwise resolves, all outstanding fees, fines, and other charges;
3. Submits a written notice from an Alarm Installation Company stating that
the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation
Company;
4. The Alarm User successfully completes an Alarm User Awareness Class
and test.
B. The Police Department shall reinstate its response to an Alarm Site as soon as is
practicable after receiving notice of reinstatement from the Alarm Administrator. The Alarm
User and Monitoring Company shall take notice that the Alarm Site has been officially reinstated
only after receiving notice from the Alarm Administrator of that fact. It shall be the
responsibility of the Alarm User to verify that his, her, or its registration status and future police
response has been properly restored.
Sec. 18-259. Suspension of Police Response to Dispatch Requests from Certain
Alarm Installation Companies and Monitoring Companies.
A. The Police Chief or Command Staff designee may suspend Police response to an
Alarm Dispatch Request from an Alarm Installation Company or Monitoring Company if it is
determined that:
1. There is a violation of this Article by the Alarm Installation Company or
Monitoring Company and the condition causing the violation has not been corrected and/or;
2. The Alarm Installation Company or Monitoring Company has failed to
pay any fee, fine, or other charge assessed under this section, more than sixty (60) days after the
fee, fine, or other charge is due.
B. The Police Department may not respond to any Alarm Dispatch Request where
the Alarm Installation Company or Monitoring Company who installed or monitors that alarm
has failed to comply with California licensing requirements or failed to maintain a valid copy of
the State of California Department of Consumer Affairs Alarm Company Operators License.
C. A suspension of Police response made pursuant to this subsection is subject to the
appeal process provided for within this Article. In addition, the Alarm Administrator has the
ability to accept a workable solution from the affected party prior to an appeal. The affected
party has sixty (60) days after the written notice of suspension before Police response is
suspended to its alarm customers.
D. The Alarm Administrator shall notify all known Alarm Users subscribing to an
Alarm Installation Company or an Alarm Monitoring Company that the Police Department has
suspended response to the company's Alarm Dispatch Requests.
E. The City shall assess the Alarm Installation Company or Monitoring Company a
reinstatement fee in an amount established by resolution of the city council. In addition, if the
Alarm Administrator has incurred costs in notifying Alarm Users by mail of the suspension of
their Alarm Installation Company or Monitoring Company, reimbursement to the City of those
costs shall be a condition of reinstatement.
Sec. 18-260. Police Department Response
A. Subject to the suspension provisions in Section 18-256 above and the discretion
discussed in this Section, the Police Department at its discretion will respond to all "in progress"
Robbery, Panic or Burglar Alarms as promptly as possible, taking into account pending calls for
service and any policy establishing priority of dispatched calls following notification of the
receipt of the alarm from the Monitoring Company. Police supervisors may, in their discretion,
cancel a Police response to any or all alarms based on weather or other factors affecting Police
service needs.
B. The Police Chief or his or her designee may re-prioritize assignment of Burglar
Alarms and response time at any time during a 24 hour period as may be necessary due to the
service needs of the community.
Sec. 18-261. Confidentiality of Alarm Information.
All information contained in documents gathered through Alarm Registrations, the
submission of customer lists, the alarm appeal process and records relating to Alarm Dispatch
Requests must be held in confidence by all employees of the Alarm Administrator, City of Azusa
and any third-party alarm administrator. Such information is proprietary and is hereby declared
confidential and not a public record. Absent special circumstances, such information must not be
released to the public or any Person other than a law enforcement agency, third party
administrator or the applicable Alarm User, Alarm Installation Company or Alarm Monitoring
Company except pursuant to court order. Per California Government Code 6254(f)
Sec. 18-262 Scope of Police duty; Immunities Preserved.
The issuance of Alarm Registrations does not create a contract between the Police
Department and/or the City of Azusa and any Alarm User, Alarm Installation Company or
Monitoring Company, nor does it create a duty or obligation, either expressed or implied, on the
Police Department to respond to any alarm. Any and all liability and consequential damage
resulting from the failure of the Police Department to respond to an Alarm Dispatch Request is
hereby disclaimed and full governmental immunity as provided by law is retained. By applying
for an Alarm Registration, the Alarm User acknowledges that the Police Department response is
influenced by the availability of officers, priority of calls, traffic conditions, weather conditions,
emergency conditions, staffing levels,prior response history and administrative actions."
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly, or indirectly.
SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 5. SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable. The City
Council of the City of Azusa hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. PUBLICATION. The City Clerk shall certify the adoption of this
Ordinance and shall cause the same to be posted as required by law.
PASSED,APPROVED, and ADOPTED this 2nd day of December, 2013.
� (
/Joseph Romero Rocha, Mayor
ATTEST:
Ade
� ` •/*rice Cornejo,Jr., Ci , ler
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing Ordinance No. 13-04, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 18th of
November, 2013 and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the 2nd day of December, 2013 by the following vote to
wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
J- r- ce Cornejo, J ., Ci�,1 1 /
Approved as to Form:
Marco A. Martinez
Best Best & Krieger ILP
City Attorney
WARRANT REGISTER
WARRANTS DATED 11/14/13 THRU 11/26/13 FISCAL YEAR 2013-2014
RESOLUTION NO. 13-C92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID
THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows:
SECTION 1. That the following claims and demands have been audited as required by law and
that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as
hereinafter set forth:
03 Measure R LA County 39,322.76
06 Rosedale Contr-Rec CIP 412.14
07 Rosedale Traffic Mit Fund 0.00
10 General Fund 259,858.71
12 Gas Tax 8,857.09
13 Measure R 0.00
15 Transportation/Proposition A Fund 3,604.29
16 TRANS FDS 0.00
17 Transportation/Proposition C Fund 3,297.40
18 Dwelling Tax Fund (Quimby Act) 1,966.58
21 Senior Nutrition Fund 9,610.70
22 CIP/CDBG 0.00
24 Public Benefit Program 4,226.90
26 Supplemental Law Enforcement Fund 0.00
27 Air Quality Improvement Fund 2.05
28 State Grants & Seizures 235,349.06
29 Fire Safety Fund 336,138.62
30 COPS 0.00
31 Consumer Services Fund 31,159.65
32 Water Fund 660,450.39
33 Light Fund 199,487.99
34 Sewer Fund 3,241.11
36 Refuse Contract 0.00
37 Monrovia Nursery 3,730.20
39 AB 939 Fee 740.15
41 Employee Benefit 0.00
42 Self Insurance Fund 4,001.42
43 Central Services Fund 0.00
46 Equipment Replacement Fund 594.05
48 IT Services Fund 32,682.96
49 Public Works Endowment Fund 9,871.00
50 Special Deposits Fund 4,566.89
63 Mtn Cove Adm Exp 0.00
65 CFD NO. 2005-1Rosedale 0.00
71 APFA 93 BDS 0.00
Total *$1,853,172.11
* City funds total does not include SA funds. j
SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records.
PASSED, APPROVED and ADOPTED this 2nd day of December, 2013.
�� i�
seph omero Rocha
Mayor
ATTEST:
,amu 4.,(44.4,e,
J); r- i :Wince Come'., Jr. /
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 13-C92 was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof held on the 2nd day of December, 2013, by the
following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
411IP. ..r /' -- 4111isl-,i. 111/
Jar: a ti-IP-ce Cornejo, Jr.
City Clerk
WARRANTS# NONE HAND WRITTEN
WARRANTS# SPOILED DOCUMENTS
WARRANTS# 171522— 171870 COMPUTER-WRITTEN
WIRES# NONE
VENDOR EFT# 005149—005163
APPROVED
COUNCIL MEETING
Data. 1 g —
.YM *1' '*
777
r a 1 *:. ..,."��.s.'"..- ciur ..,,.'.
ZUs
CONSENT ITEM
D-8
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: JAMES MAKSHANOFF, CITY MANAGER
DATE: NOVEMBER 18, 2013
SUBJECT: ADOPT RESOLUTION PROCURING$289,000 IN FUNDS THROUGH THE LOS
ANGELES COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT'S,
"CITIES AND SPECIFIED EXCESS FUNDS GRANT PROGRAM",AND AMEND
FY 2013-2014 CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET
ACCORDINGLY
RECOMMENDATION:
It is recommended that City Council adopt attached resolution procuring$289,000 in Grant Funding
from the Los Angeles County Regional Parks and Open Space District's "Cities and Specified
Excess Funds Grant Program and amend the FY 2013-14 Capital Improvement Project(CIP)Budget
accordingly.
BACKGROUND:
The City of Azusa had submitted a proposal for funding to address four key non-funded areas in the
Recreation and Family Services Department(CIP) Work Plan. They are listed as follows:
1. Slauson Park Pool Rehabilitation
2. Zacatecas Park Restroom Development
3. Northside Park Walking Path Development
4. Pioneer Park, Memorial Park, Veteran's Freedom Park and Gladstone Park Improvements
The City of Azusa received a letter approving this proposal on October 21, 2013. (see attached)
Upon completion of formal application process, all work is scheduled to commence in the 2014
Calendar Year.
FISCAL IMPACT:
The grant is a reimbursable one. Funds will be held in Account#28-25-410-155-7140 specifically
for this purpose.
Attachments: Award Letter
Resolution
13-073
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_ -
011NSIZZOIMP
-Ey • LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
October 2 I. 2013
Joe Jacobs
Director of Recreation & Fara x Services
City of Azusa
32() N. Orange Place
Azusa. CA 91702-1395
Dear Mr. Jacobs:
CITIES ANI) SPECIFIED EXCESS FUNDS GRANT PROGRAM
Slauson Park Pool Rehabilitation
Zacatecas Park Restrooms Development
Northside Park Disk Golf Walking Path Development
Pioneer Park. Memorial Park.Veteran's Freedom Park and Gladstone Park Improvements
The Regional Park and Open Space District (District) is pleased to inform you that your proposal for
the Cities and Specified Excess Funds Grant Program in the amount of S289.000 of First
Supervisorial District Excess Funds has been approved.
Please prepare and submit an Application Packet to the District so that an agreement can he executed
for this project. The Application package must include:
( 1 ) Resolution approved by your City Council
(2) Application Form (http://openspacedistrict.lacounty.info)
(3) Project Boundar!, Map (streetr, surrounding the project)
(4) Project Site Plan
(5 Project Vicinity Map
(6) Cost Estimates and Timeline
Please submit all documentation for the Application Packet to me no later than November 25, 2013.
If you have an questions, please contact me at lhancock(g-Tark..lacounr‘.t2ci‘ or(213) 738-3031.
• ,,
Sincere .
/-
\ i /
ff
LaTrina Hancock
Program Manager
Administrative Offices . 510 S.Vermont Avenue Los Angeles,CA 90020-1975 . (213)738-2981 . http://openspacedistrictiarounty.info
RESOLUTION NO. 13-C88
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR THE
FOLLOWING PROJECTS:
1. Slauson Park Pool Rehabilitation
2. Zacatecas Park Restrooms Development
3. Northside Park Walking Path Development
4. Pioneer Park, Memorial Park, Veteran's Freedom Park and Gladstone Park Improvements
WHEREAS, the people of the County of Los Angeles on November 3, 1992, and on
November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang
Prevention, Tree-Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the
Propositions), which among other uses, provides funds to public agencies and nonprofit
organizations in the County for the purposes of acquiring and/or development facilities and open
space for public recreation;and
WHEREAS, the Propositions also created the Los Angeles County Regional Park and
Open Space District (the District) to administer said funds; and
WHEREAS, the District has set forth the necessary procedures governing application for
grant funds under the Propositions; and
WHEREAS, the District's procedures require the City of Azusa to certify, by resolution,
the approval of the application before submission of said application(s)to the District; and
WHEREAS, said application contains assurances that the City of Azusa must comply
with; and
WHEREAS, City of Azusa will enter into an Agreement with the District to provide
funds for acquisition and development projects.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF AZUSA HEREBY:
1. Approves the filing of an application with the Los Angeles County Regional
Park and Open.Space District for First Supervisorial District Excess Funds for the above project
(s); and
2. Certifies that the City of Azusa understands the assurances and certification in
the application form; and
3. Certifies that the City of Azusa has, or will have, sufficient funds to operate and
maintain the project in perpetuity; and
4. Certifies that City of Azusa will sign and return, within 30 days, both copies of
the project agreement sent by the District for authorizing signature; and
5. Appoints Joe Jacobs, Director of Recreation and Family Services, or designee, to
conduct all negotiations, and to execute and submit all documents including, but not limited to,
applications, agreements, amendments, payment requests, and so forth, which may be necessary
for the completion of the aforementioned project.
PASSED, APPROVED and ADOPTED this 18th day of November, 2013.
oseph omero Rocha
Mayor
ATTEST:
ff e L j nce Cornej• Jr. /
City Cler
I HEREBY CERTIFY that the foregoing Resolution No. 13-C88 was duly adopted by the
City Council of the City of Azusa at a regular meeting thereof held on the 18th day of November,
2013, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
J f,• L.#Alyce Cornejo,
City Clerk
. Information Item
Presented ( 1 I ?v/)
le
lily-US
CONSENT ITEM
D-11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ART VASQUEZ, CITY TREASURER
DATE: NOVEMBER 18, 2013
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT
BALANCES FOR THE MONTH OF OCTOBER 2013
RECOMMENDATION:
It is recommended that the Council Members receive, review, and file the City Treasurer's
Report for the City of Azusa for the month of October 2013.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa
for the month of October 2013. City investments are made in accordance with the City's
Investment Policy adopted and approved with Resolution No. 05 —C16 dated, February 4, 2013,
and Government Code Section 53600 et seq.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months are expected
to be sufficient to meet cash disbursement requirements of the City for at least the next six
months.
The change in total cash in bank and investments (at cost) from September 30, 2013 to October
31, 2013 is a net increase of$1,122,447.10.
The change in total cash in bank and investments (at market) from September 30, 2013 to
October 31, 2013 is a net increase of$1,228,588.80.
CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez, Treasurer
Treasury Checking Accounts and Certificates of Deposit October 31, 2013
Held in Wells Fargo Bank
Interest orAccount Number Balance
Face Maturity Coupon Description or CUSIP or
Amount Date Rate Market Value
Checking Accounts
General Checking Account XXX-XXX1244 206,156.00
Stagecoach Sweep Account DDA XXX-XXX1244 5,299,455.04
Worker's Compensation Checking XXXX-XX3279 0.00
Payroll Checking(ZBA account) XXXX-XX1393 0.00
Police Petty Cash Fund XXX-XXX0334 105.12
Police Detective Petty Cash Fund XXX-XXX2231 4,258.55
Section 108
0.970% Choice IV-Public Fund Account XXX-XXX2239 30,824.99
Covington Endowment
WFB Advantage Heritage Money Market Fund(rated AAAm/Aaa) WFB XXXX7554 20,512.81
100,000 05/12/14 1.400% Certificate of Deposit Discover Bank DE Matures 5/12/14 CUSIP 254670D66 100,476.50
TOTALS WELLS FARGO BANK ACCOUNTS 59 6619 789•01
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CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer October 31,2013
Coupon Maturity Settlement Market PriceMarket Interest Received Fiscal
Broker Face Amount Description Acet/CusipNo. Principal** (Changes
Rate Date Date Monthly) Value*** Year to Date*
City of Azusa Investments - Certificates of Deposit-FDIC Insured
CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 655.34
Wachovia Sec 100,000.00 Ally Bank 1.100% 09/08/14 02005QTS2 09/07/11 100,000.00 100.693 100,693.00 554.52
Wachovia Sec 100,000.00 Ally Bank UT 95.000% 02/08/15 02005QYS6 02/08/12 100,000.00 100.762 100,762.00 471.10
Wachovia Sec 250,000.00 American Express Centurion 1.250% 06/09/14 02587DAX6 06/06/11 250,000.00 100.536 251,340.00
Wachovia Sec 200,000.00 Bank Hapoalim NY 1.000% 07/24/15 06251AYD6 07/24/12 200,000.00 100.544 201,088.00 991.78
Wachovia Sec 200,000.00 Bank of China New York 0.600% 01/06/14 06425H4T0 07/05/12 200,000.00 100.022 200,044.00 595.07
Wachovia Sec 200,000.00 Barclays Bank of Delaware 1.600% 01/11/16 06740KFS1 01/11/12 200,000.00 101.666 203,332.00 1,586.85
Wachovia Sec 200,000.00 BMW Bank of North America 1.350% 09/23/14 05568PR90 09/23/11 200,000.00 100.700 201,400.00 1,361.10
Wachovia Sec 200,000.00 CIT Bank SLC 1.450% 11/14/14 17284AH43 11/14/11 200,000.00 100.962 201,924.00
Wachovia Sec 200,000.00 Compass Bank Birmingham AL 1.000% 12/29/14 20451PAC0 06/29/12 200,000.00 100.420 200,840.00 997.26
Wachovia Sec 245,000.00 Everbank Jacksonville FL 0.500% 11/29/12 29976DQC7 11/29/12 245,000.00 100.000 245,000.00
Wachovia Sec 200,000.00 Goldman Sachs Group,Inc. 1.200% 03/07/16 38143ALTO 03/07/12 200,000.00 100.369 200,738.00 1,209.86
Wachovia Sec 200,000.00 Huntington National Bank 0.750% 12/08/14 446438QL0 06/08/12 200,000.00 100.412 200,824.00
WFB 200,000.00 JP Morgan Chase 0.500% 02/16/16 48124JSS8 02/15/13 200,000.00 98.612 197,224.00 495.89
First Clearing Corp 245,000.00 Key Bank National Association 0.450% 03/13/15 49306SRH1 03/13/13 245,000.00 99.862 244,661.90 555.78
Wachovia Sec 200,000.00 Merrick Bank South Jordan UT 0.900% 01/25/16 59012YU96 07/25/12 200,000.00 100.565 201,130.00 601.66
Wachovia Sec 245,000.00 Mizuho Corp Bank USA 0.500% 12/12/13 60688TGZ6 12/12/12 245,000.00 100.034 245,083.30
Wachovia Sec 200,000.00 Safra National Bank 0.800% 06/29/15 786580T83 07/28/12 200,000.00 100.568 201,136.00
Wachovia Sec 200,000.00 Sallie Mae Bank Murray UT 1.100% 08/10/15 795450NT8 08/08/12 200,000.00 100.525 201,050.00 1,090.96
Wachovia Sec 200,000.00 Sovereign Bank FSB 0.700% 06/20/14 84603MZ66 06/20/12 200,000.00 100.247 200,494.00
Wachovia Sec 200,000.00 State Bank of India NY 1.250% 06/22/15 856284F74 06/22/12 200,000.00 100.636 201,272.00
Wachovia Sec 245,000.00 Webster Bank NA 1.000% 12/12/17 94768NJD7 12/12/12 245,000.00 99.417 243,571.65
Wachovia Sec 245,000.00 Wells Fargo Bank WFCO 0.950% 02/28/18 94986TMB0 02/27/13 245,000.00 98.355 240,969.75 586.66
TOTALS 4,475,000.00 4,475,000.00 4,484,577.60 11,753.83
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CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer October 31,2013
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
**
Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal (Changes Value*** Year to Date*
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00
Gilford Sec 1,000,000 FFCB 0.710 07/19/16 0.710% 07/19/16 3133EAYQ5 07/23/12 1,000,000.00 100.006 1,000,060.00 3,550.00
Gilford Sec 1,000,000 FFCB 0.770 6/15/17 0.770% 06/15/17 3133EC5L4 12/05/12 999,300.00 98.968 989,680.00
Gilford Sec 1,000,000 FFCB 0.875 06/14/16 0.875% 06/14/16 3133EAUE6 06/14/12 1,000,000.00 100.007 1,000,070.00
Gilford Sec 1,000,000 FFCB 0.900 12/26/17 0.900% 12/26/17 3133ECB45 12/26/12 999,500.00, 98.705 987,050.00
Gilford Sec 1,000,000 FFCB 0.980 09/18/17 0.980% 09/18/17 3133EAX29 09/20/12 1,000,000.00 99.245 992,450.00 4,900.00
Gilford Sec 1,000,000 FFCB 1.030 3/12/18 1.030% 03/12/18 3133ECHS6 03/12/13 1,000,000.00 98.458 984,580.00 5,150.00
RBC Dain Rauscher 1,000,000 FFCB 1.050 3/14/18 1.050% 03/14/18 3133ECJ39 03/14/13 999,500.00 99.058 990,580.00 5,250.00
Higgins 1,000,000 FFCB 1.100 06/20/17 1.100% 06/20/17 3133EAVA3 06/20/12 1,000,000.00 99.903 999,030.00
Gilford Sec 1,000,000 FHLB.085 07/24/17 0.850% 07/24/17 313380WR4 10/24/12 1,000,000.00 98.910 989,100.00 4,250.00
Gilford Sec 1,500,000 FHLB 0.800 05/23/17 0.800% 05/23/17 313381AN5 11/23/12 1,500,000.00 99.049 1,485,735.00
Gilford Sec 1,000,000 FHLB 0.850 08/15/17 0.850% 08/15/17 313381Z24 02/15/13 1,000,000.00 99.142 991,420.00 4,250.00
Gilford Sec 1,000,000 FHLB 0.980 11/15/17 0.980% 11/15/17 3133817D1 11/15/12 1,000,000.00 99.115 991,150.00
WFB 1,000,000 FHLB 1.000 01/30/18 1.000% 01/03/18 313381TW5 01/30/13 1,000,000.00 98.773 987,730.00 5,000.00
Wachovia Sec 1,000,000 FHLB 1.250 07/29/14 1.250% 07/29/14 313370YK8 09/17/10 1,000,000.00 100.811 1,008,110.00 6,250.00
Higgins 1,000,000 FHLB 1.375 6/27/18 1.375% 06/27/18 313383JP7 6/27/2013 1,000,000.00 99.055 990,550.00
Higgins 1,000,000 FNMA 1.05005/25/18 1.050% 05/25/18 3135G0XK4 05/30/13 1,000,000.00 97.888 978,880.00
TOTALS 16,500,000 16,498,300.00 16,366,175.00 38,600.00
•
WFB-CITY THIRD PARTY CUSTODIAL TRUST ACCT 0.070% N/A N/A N/A 5,424,285.93 100.000 5,424,285.93 1,274.16
LAIF-CITY LOCAL AGENCY INVESTMENT FUND 0.266% N/A N/A N/A 12,806,761.37 100.000 12,806,761.371 0.00
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CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
October 31,2013
Coupon Maturity Settlement Market Price
Market Interest Received Fiscal
Broker Face Amount Description Acct/Cusip No. Principal** (Changes Value*** *
Rate Date Date Monthly) Year to Date
Light&Water Fund Investments - Certificates of Deposit-FDIC Insured
CERTIFICATES OF DEPOSIT SOLD OR MATURED DURING FISCAL YEAR 1,347.50
Wachovia Sec 40,000.00 Bank Hapoalim NY 1.000% 07/24/15 06251AYD6 07/24/12 40,000.00 100.544 40,217.60 198.36
Wachovia Sec 40,000.00 Bank of China NY 0.850% 02/03/14 06425HYW0 02/01/12 40,000.00 100.140 40,056.00 168.60
Wachovia Sec 40,000.00 BMW Bank of NA 1.350% 04/27/16 05568PW45 04/27/12 40,000.00 100.644 40,257.60 270.74
Wachovia Sec 40,000.00 Compass Bank Birmingham AL 0.900% 06/30/14 20451PAB2 06/29/12 40,000.00 100.253 40,101.20 179.51
Wachovia Sec 200,000.00 Discover Bank Greenwood DE 1.050% 05/11/15 254671AR1 05/09/12 200,000.00 100.603 201,206.00
Wachovia Sec 240,000.00 Enerbank USA 5.000% 09/14/14 29266NUY1 06/14/12 240,000.00 100.270 240,648.00 401.10
Wachovia Sec 240,000.00 First National Bank of Omaha 0.500% 01/10/14 332135EZ1 10/10/12 240,000.00 100.000 240,000.00 601.64
Wachovia Sec 200,000.00 GE Capital Financial Inc. 1.250% 05/18/16 36160XD87 05/18/12 200,000.00 100.203 200,406.00
Wachovia Sec 235,000.00 GE Capital Retail Bank 1.050% 04/27/15 36157PCW7 04/27/12 235,000.00 100.369 235,867.15 1,237.13
Wachovia Sec 40,000.00 Goldman Sachs Group,Inc. 0.850% 02/03/14 38143AJB2 02/01/12 40,000.00 100.086 40,034.40 168.60
Wachovia Sec 40,000.00 Huntington National Bank 0.750% 12/08/14 446438QL0 06/08/12 40,000.00 100.412 40,164.80
Wachovia Sec 40,000.00 Safra National Bank 0.800% 06/29/15 786580783 07/28/12 40,000.00 100.568 40,227.20
Wachovia Sec 40,000.00 Sovereign Bank FSB 0.700% 06/20/14 84603MZ66 06/20/12 40,000.00 100.247 40,098.80
Wachovia Sec 40,000.00 State Bank of India NY 1.250% 06/22/15 856284F74 06/22/12 40,000.00 100.636 40,254.40
TOTALS 1,475,000.00 1,475,000.00 1,479,539.15 4,573.18
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CITY OF AZUSA TREASURER'S REPORT
Prepared by: Art Vasquez,Treasurer
October 31,2013
Market Price
Coupon Maturity Settlement Market Interest Received Fiscal
Broker Face Amount Description Rate Date Acct/Cusip No. Date Principal** (Changes Value*** Year to Date*
Monthly)
Light&Water Fund Investments - AAA Rated Federal Agency Bonds
BONDS CALLED OR MATURED DURING FISCAL YEAR 0.00
Gilford Sec 1,000,000.00 FFCB 0.730 03/13/17 0.730% 03/13/17 3I33ECHG2 03/13/13 1,000,000.00 99.419 994,190.00 3,650.00
Gilford Sec 655,172.41 FHLB 0.720 08/08/16 0.720% 08/08/16 3133805K9 08/08/12 654,844.82 100.006 655,211.72 2,358.62
WFB 1,000,000.00 FFCB 0.690 09/26/16 0.690% 09/26/16 3133EAZ76 09/26/12 1,000,000.00 99.989 999,890.00 3,450.00
WFB 1,000,000.00 FFCB 0.620 10/24/16 0.620% 10/24/16 3133EA5V6 10/24/12 1,000,000.00 99.928 999,280.00 3,100.00
Gilford Sec 1,000,000.00 FFCB 0.820 07/11/17 0.820% 07/11/17 3133EA4H8 10/12/12 999,000.00 98.972 989,720.00 4,100.00
Gilford Sec 1,000,000.00 FFCB 0.980 09/18/17 0.980% 09/18/17 3133EAX29 09/18/12 1,000,000.00 99.245 992,450.00 4,900.00
Gilford Sec 1,000,000.00 FHLB 1.000 02/27/18 1.000% 02/27/18 3133823D3 02/27/13 1,000,000.00 98.737 987,370.00 5,000.00
Higgins Capital 1,000,000.00 FHLB 0.900 06/20/18 0.900% 06/20/18 313383EM9 06/20/13 994,500.00 98.954 989,540.00
TOTALS 7,655,172.41 7,648,344.82 7,607,651.72 26,558.62
IWFB-L&W THIRD PARTY CUSTODIAL TRUST ACCT 0.700% N/A N/A N/A 699,311.07 100.000 699,311.071 136.55
Market Price Market Interest Received Fiscal
CITY OF AZUSA and LIGHT&WATER RATE STABLIZATION Principal** (Changes Value*** Year to Date*
Monthly)
TOTAL INVESTMENTS IN FEDERAL AGENCIES,CD's,WFB INSTITUTIONAL TRUSTS,and LAIF 49,027,003.19 48,868,301.84 82,896.34
*The Interest reflects earnings received from July 1,2013.
**The"Principal"column reflects the balance on the last day of the month or the"historical cost"spent to purchase a security.
***The"Market Value" is the current price at which a security can be traded or sold.
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