HomeMy WebLinkAboutAgenda Packet - September 18, 2006 - CC Q
AZUSA
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/ CFO
VIA: F. M. DELACH, CITY MANAGER 'V
DATE: SEPTEMBER 18, 2006
SUBJECT: APPROVAL OF SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS
RECOMMENDATION
It is recommended that City Council review and consider approval of three
supplemental capital projects proposed to be added to the Capital Improvement
Program (CIP) and budget for fiscal year 2006-07.
BACKGROUND:
Three proposed capital projects were not included in the recently adopted CIP for FY
2006/07 due to pending issues regarding project scope and costs. With these issues
now resolved staff has prepared final project descriptions and cost estimates which
are attached herewith.
FISCAL IMPACT
Approval of funding for these projects would require appropriations as follows:
Project Amount Funding
1. Gladstone Foul ball Netting $20,000 General Fund
2. Electronic Marquee Sign 36,000 P.W. Endowment Fund
3. Memorial Park Gym HVAC 150,000 P.W. Endowment Fund
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AZUSA
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 6,1-"1-1)11)4.
FROM: F. M DELACH, CITY MANAGER Miti 0 (1),':
DATE: SEPTEMBER 18, 2006
SUBJECT: CONSIDERATION OF A PROPOSED SETTLEMENT AGREEMENT WITH THE SAN GABRIEL G N
CLUB ENABLING AN EXTENSION OF THE AMORTIZATION PERIOD DESIGNATING THE G
CLUB AS A LEGAL NON CONFORMING USE UNTIL DECEMBER 31, 2007, (15-mon hs).
RECOMMENDATION5/4,4i Li
a
It is recommended that City Council approve the proposed Settlement Agreement to avoid the potential of7
costly litigation with the San Gabriel Valley Gun Club enabling the transition and relocation of their facility to
Burro Canyon on or before December 31, 2007; and authorize the Mayor to sign the agreement after receipt
of required documents and the $5,000 security deposit.
BACKGROUND
On September 5, 2006 the Azusa City Council discussed the request of the San Gabriel Valley Gun Club for a 15-
month extension of their amortized "Illegal Use" at their facility. The Gun Club has proposed an incremental
relocation of their facility, beginning with law enforcement training users, to move their use as soon as possible,
but no later than December 31, 2007. The City Council considered the request and directed staff and the City
Attorney to prepare the attached Settlement Agreement based upon certain conditions. Officials of the Gun Club
have reported that revenues from Sunday "Olympic Style" competitions are a significant source of Club revenue
and the investment required to develop in Burro Canyon would not be feasible without those revenues. However,
since the meeting, the Gun Club has proposed an additional mitigation measure to close on holidays.
The measures are as follows:
1. Hours of operation: Tuesday - Friday 9:00 A.M. to 3:30 P.M. (a reduction of 2.25 hours per day);
Saturday 9:00 A.M. to 4:00 P.M. (a reduction of 1 hour); Sunday 10:00 A.M. to 3:30 P.M. (a reduction of
2.5 hours).
2. Law Enforcement Training: Beginning October 1, 2006 the facility will be closed completely on
Mondays. Law enforcement and governmental training contracts will continue on weekdays until the
end of the current year, (December 31, 2006), between 10:00 A.M. and 3:30 P.M. Agencies will be
moved as soon as possible to Burro Canyon or other venues for training.
3. Weapons allowed to be fired: The Gun Club has prohibited, since July 1, 2006, the use of large
magnum rifles with muzzle breaks and 50 caliber weapons at the facility. Only weapons recognized
as legal firearms in California are permitted.
4. The SGV Gun Club agrees to be moved from the facility in Azusa Canyon by or before December 31,
2007 and will move as soon as possible if the land that they propose to develop becomes available
from the Los Angeles County Flood Control.
5. The Gun Club will be closed on every State and Federal Holiday including Easter Sunday.
6. A relocation plan will be provided to the City prior to signature of the Agreement.
7. A lease agreement or letter of intent from the Burro Canyon Facility will be provided to Council prior
to the Council meeting.
8. The Gun Club will deposit $5,000 with the City, and to cover all costs involved, should legal action
and the enforcement called for in this Agreement is warranted.
9. Lease agreements with the current property owners require clean up and restoration of the land.
The City Attorney recommended the Settlement Agreement, based upon the Gun Club proposal. The
Agreement is intended to provide an amicable solution to resolving some of the negative impacts of the
facility, while providing them enough time to remain in operation pending construction of their new facility in
Burro Canyon.
FISCAL IMPACT
The cost of potential litigation is unknown at this time, but could be significant.
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter referred
to as the "Agreement") is made and entered into between the City of Azusa, its past or present
officers, directors, governing body, employees, agents, predecessors, attorneys, divisions,
affiliates, representatives, successors in interest and assigns and all persons acting by, through,
under or in concert with any of them, (hereinafter collectively referred to as "the City"); the San
Gabriel Valley Gun Club (the "Gun Club"); Calmat Co., dba Vulcan Materials Company,
Western Division, a Delaware Corporation ("Vulcan"); and the United States Army Corps of
Engineers ("USACE"), for the following purposes and with reference to the following facts (the
City, Gun Club, Vulcan and USACE are at times referred to individually as "Party" and
collectively as the "Parties"):
I. BACKGROUND
A. The purpose of this Agreement is to settle and compromise all disputes and
controversies existing between the Parties arising out of the facts, causes, and matters described
in and/or related in any manner to the Gun Club's opposition to the City's implementation of the
amortization of the Gun Club's operations (the "Claim") upon that certain real property leased to
the Gun Club for use as an outdoor shooting range and comprised of 62 acres of land in Los
Angeles County, of which 48 acres are owned by USACE and 14 acres are owned by Vulcan
(hereafter referred to as the "Property").
B. On February 7, 2005, the Azusa City Council adopted Ordinance No. 05-01,
adopting the City of Azusa Development Code and a revised official Zoning Map (the
"Development Code").
C. Adoption of the Development Code changed the zoning designation of the
Property from Community Facilities ("CF") and Water Conservation ("W") to an Open Space
("OS") zone designation. The primary allowable land uses in the OS zone do not include an
outdoor shooting range as a permitted or conditionally permitted use.
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D. Under the OS zone designation, the Gun Club's use of the Property has become a
legal non-conforming use. The amortization provisions in the Development Code which apply to
outdoor shooting ranges require that the legal non-conforming use must be amortized within 18
months from the date of the service of notice by the City. The Development Code further
provides that at the end of 18 months, the Gun Club may apply for an extension of its non-
conforming use status, subject to City review.
E. The Gun Club desires to preserve the use of the Property for an outdoor shooting
range until December 31, 2007.
F. The City Council for the City of Azusa has determined that it is in the City's best
interest to preserve the use of the Property for the zoning designations set forth in the
Development Code.
G. "Identified Matters" as referenced in this Agreement shall include all of the
circumstances described above in items "B" through "F" — the rezoning of the Property; the
resulting change in designation of the gun range to a non-conforming use; the 18-month
amortization requirement under the Development Code; the Gun Club's desire to continue its use
of the Property as an outdoor shooting range; and the City's determination to enforce the zoning
designations of the Development Code.
H. As of the date of this Agreement, except for the Claim, civil litigation has not
been filed or served regarding the matters set forth in the Claim.
I. The Parties desire to bring said Claim to a conclusion, and to avoid further
incurring of costs and expenses incident to investigation, prosecution and defense of said Claim.
NOW THEREFORE, the Parties make this Settlement Agreement and General Release as
follows:
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II. DISPOSITION OF CLAIMS
A. This Agreement shall not in any way be construed as an admission by any Party
of any unlawful or wrongful acts or other liability whatsoever against each other or against any
other person or entity. The City specifically disclaims any liability to, or wrongful acts against
the Gun Club, Vulcan or USACE or against any other person on the part of themselves, any
related person or any related predecessor corporation or its agents, representatives or successors
in interest and assigns, and the Gun Club, Vulcan and USACE specifically disclaim any liability
to, or wrongful acts against the City or against any other person or entity on the part of itself, any
related person, or any of its agents, representatives, successors in interest and assigns.
B. The Gun Club, Vulcan and USACE represent that to the best of their knowledge,
except for the Claim, they have not individually or collectively filed any lawsuits, complaints or
charges against the City or any related persons or corporations or against any of its past or
present officers, directors, governing body, employees, agents, predecessors, attorneys, division,
affiliates, representatives, successors in interest and assigns and all persons acting by, through,
under, or in concert with any of them, with any state or federal court, administrative or quasi-
administrative body; or local, state or federal agency, based on the Identified Matters.
C. The Parties specifically agree that they shall not in the future voluntarily file,
participate in, instigate or encourage the filing of any lawsuits, complaints or charges in any state
or federal court or administrative or quasi-administrative body, or any proceedings before any
local, state or federal agency, arising from or related to the Identified Matters claiming that any
Party has violated any local, state or federal laws, statutes, ordinances or regulations or claiming
that any Party has engaged in any tortious, other state, or other federal based misconduct of any
kind based on the Identified Matters occurring prior to the date of execution of this Agreement.
D. The Gun Club, Vulcan and USACE do hereby, and for their legal representatives,
agents, successors in interest and assigns, irrevocably and unconditionally release, acquit and
forever discharge the City from anyand all claims, actions, causes of action, rights,
demands,
debts, obligations, damages or accountings of whatever nature which they have or believes they
have against the City by reasons of, or arising out of, any of the Identified Matters described or
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referred to above, whether known or unknown, occurring prior to the execution date of this
Agreement.
E. The City does hereby, and for its officers, directors, employees, agents and legal
representatives, irrevocably and unconditionally release, acquit and forever discharge the Gun
Club, Vulcan and USACE from any and all claims, actions, causes of action, rights, demands,
debts, obligations, damages or accountings of whatever nature which it has or believes it has
against the Gun Club, Vulcan and USACE by reasons of, or arising out of, any of the Identified
Matters described or referred to above, whether known or unknown, occurring prior to the
execution date of this Agreement.
F. For the purpose of implementing a full and complete release and discharge, the
Parties expressly acknowledge that this Agreement is also intended to include in its effect,
without limitation, all claims which any Party does not know of or expect to exist in its favor at
the time of the execution hereof arising from or related to the Identified Matters and that the
Parties agree that this Agreement contemplates the extinguishment of any such claim, or claims:
INCLUDING ANY AND ALL CHALLENGS OF THE AMORTIZATION OF THE GUN
CLUB ON THE PROPERTY.
In this connection, the Parties, effective as of the date of the execution and approval of the
Agreement by all Parties, expressly waive and relinquish all rights and benefits afforded by
Section 1542 of the Civil Code of California and does so understand and acknowledge the
significance and consequences of such specific waiver of said provisions of law. Section 1542 of
the Civil Code states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
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III. PERFORMANCE OF ACTS
A. The Gun Club. The Gun Club shall ensure that:
1. The Law Enforcement and Tactical Weapons Training operations on the
Property shall cease on or before December 31, 2006 and that all
operations at the Gun Club Property shall cease no matter what on or
before December 31, 2007. The Gun Club shall prepare a Relocation Plan
outlining the actions to be taken to ensure compliance with the above
deadlines. The Relocation Plan is attached as Exhibit A.
2. Beginning immediately upon execution of this Agreement it shall limit its
hours of operation to 9:00 a.m. to 3:30 p.m. Tuesday through Friday and
9:00 a.m. to 4:00 p.m. on Saturdays and 10:00 a.m. to 3:30 p.m. Sundays.
3. The Gun Club shall be closed for normal business every Monday
beginning October 1, 2006 and on State and Federal holidays including
Easter.
4. Beginning immediately upon execution of this Agreement the Gun Club
will eliminate the use of all rifles with "mussel breaks and high velocity
rounds, " and all "50-caliber weapons and will further ensure that only
weapons recognized as legal firearms in California will be permitted for
use on the Property.
5. All soil on the Property will be rededicated and/or cleaned up by the Gun
Club to the property owners' satisfaction as set forth in a Remediation
Plan. The Gun Club's Remediation Plan is attached hereto as Exhibit B.
6. On or before final execution of this Agreement final and fully executed
leases with each Vulcan and Burro Canyon property owners is provided
to City. The lease with Vulcan shall permit the Gun Club to continue its
operations on the Property through December 31, 2007 and the lease with
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Burro Canyon shall permit the Gun Club to move partial operations on
or before December 31, 2006.
B. Penalties for Non-Performance of Acts. The Gun Club has represented to the City
that it has obtained all necessary approvals to transition its operations to other sites and that it is
committed to ceasing all operations on the Property no later than December 31, 2007. Based
solely on these promises and reassurances the City has agreed not to immediately implement the
amortization set forth in its Development Code. If for any reason whatsoever, the Gun Club fails
to perform as promised and set forth in this Agreement, the City may immediately seek a court
order for specific performance or other legal relief and the Gun Club agrees not to contest or
oppose the City's legal actions. The Gun Club shall upon execution of this Agreement provide
the City with a cash deposit of$5,000 which the City shall retain and use in the event that such
deposit is needed to fund legal action to force the Gun Club's performance under this
Agreement. The deposit shall be returned in full within thirty(30) days after the Gun Club
ceases all operations on the Property.
IV. FURTHER PROVISIONS
A. Each Party shall bear its own costs, expenses and attorneys' fees incurred in
connection with the Claim and preparation of this Agreement, and each of the Parties hereto
expressly waives any claim for recovery of any such costs, expenses or attorneys' fees from the
other Parties. Notwithstanding the foregoing, in the event the City institutes legal action to
enforce the Gun Club's performance of this Agreement the City shall be entitled to recover its
attorneys fees and costs.
B. Each Party hereto agrees to do all things and execute and deliver all instruments
and documents necessary to execute, fulfill and effect the provisions of this Agreement.
C. No waiver by any Party of any breach of any term or provision of this Agreement
shall be construed to be, nor shall be, a waiver of any preceding, concurrent or succeeding breach
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of the same, or any other term or provision hereof. No waiver shall be binding unless in writing
and signed by the Party to be charged or held bound.
D. Each Party hereto represents and agrees that it has carefully read and fully
understands all of the provisions of this Agreement, and that it is voluntarily, without any duress
or undue influence on the part of or on behalf of any Party, entering into this Agreement.
E. The Gun Club, Vulcan and USACE affirm that, prior to execution of this
Agreement, they have consulted with their own legal counsel concerning the terms and
conditions set forth herein.
F. The City affirms that, prior to the execution of this Agreement, it has consulted
with legal counsel concerning the terms and conditions set forth herein.
G. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument. A
photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to
constitute evidence of the Agreement having been executed.
H. This Agreement contains all of the terms and conditions agreed upon by the
Parties hereto regarding the subject matter of this Agreement. Any prior agreements, promises,
negotiations, or representations, either oral or written, relating to the subject matter of this
Agreement, not expressly set forth in this Agreement, are of no force or effect.
I. The date of the last signature placed hereon shall hereinafter be known as the
"date of execution" of this Agreement.
J. The Parties hereby represent and warrant that in making this Agreement they
understand and agree that they have relied wholly upon their own judgment, belief and
knowledge of the nature of its claims and that they have not been influenced to any extent
whatever in making this Agreement by any representations by or on behalf of the other party not
contained herein.
K. City hereby represents and warrants to the Gun Club, Vulcan and USACE as
follows:
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1. City possesses the authority to enter into this Agreement; and
2. Upon the execution hereof, this Agreement will constitute a binding, final,
and enforceable grant of the permission to undertake the land uses
delineated herein.
L. The Parties hereto hereby represent and warrant that their entering into this
Agreement complies with all applicable laws.
M. This Agreement has been jointly negotiated and drafted by counsel for the Parties.
The language in this Agreement shall be construed as whole according to its fair meaning and
not strictly for or against any of the Parties.
N. This Agreement shall be binding upon and shall inure to the benefit of the
successors and assigns of the Parties hereto.
O. The City shall cause this Agreement to be recorded with the Los Angeles County
Recorder's Office within ten(10) days after its execution.
PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND
GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN
CLAIMS.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement and
General Release.
Dated: CITY OF AZUSA
By
Francis M. Delach
City Manager
Dated: SAN GABRIEL VALLEY GUN CLUB
By
Its
Dated: CALMAT CO., DBA VULCAN MATERIALS
COMPANY, WESTERN DIVISION
By
Its
Dated: UNITED STATES ARMY CORPS
OF ENGINEERS
By
Its
APPROVED AS TO FORM:
Dated:
BEST BEST &KRIEGER LLP
By
Sonia Carvalho
City Attorney
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Exhibit A—Relocation Plan
Exhibit B—Remediation Plan
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VIP
A ZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: F. M. DETACH, CITY MANAGER 1#
DATE: SEPTEMBER 18, 2006 6I
SUBJECT: PROCLAMATION OF SEPTEMBER, 2006 AS NATIONAL PREPAREDNESS
MONTH
RECOMMENDATION
It is recommended that the City Council proclaim September, 2006 as National
Preparedness Month.
BACKGROUND
On September 5, 2006, the Los Angeles County Board of Supervisors in conjunction
with the US Department of Homeland Security proclaimed September 2006 as
County of Los Angeles National Preparedness Month and encouraged cities in the
county to demonstrate their support for this important public education program.
Staff is recommending that the City Council make a similar proclamation.
FISCAL IMPACT
There is no fiscal impact as a result of this recommendation.
. /0 Z(
ty of LOS Ati
/2;I 1 1* 77 BOARD OF SUPERVISORS MEMBERS OF THE BOARD
� COUNTY OF LOS ANGELES GLORIA MOLIK
t ,�� a '�� YVONNE B.BURKE
ZEV YAROSLAVSKY
��q ` 383 KENNETH HAHN HALL OF ADMINISTRATION/LOS ANGELES,CALIFORNIA 90012 DON KNABE
MICHAEL D.ANTONOVICH
;
CAUFORN\�,
SACHI A.HAMAI,EXECUTIVE OFFICER
(213)974-1411
September 6, 2006
The Honorable Diane Chagnon
Mayor
City of Azusa
213 East Foothill Boulevard
Azusa, CA 91702-2514
Dear Mayor Chagnon:
At its meeting held September 5, 2006, on motion of Supervisor
Don Knabe, the Los Angeles County Board of Supervisors designated
September 2006 as "County of Los Angeles National Preparedness
Month" in conjunction with the U.S. Department of Homeland Security and
encouraged you to demonstrate your support for this important public
education campaign.
Very truly yours,
(Ua ; 0 . (11,442,u4',
SACHI A. HAMAI
EXECUTIVE OFFICER
07090506_12
Enclosure
Z ` AS, National-Preparedness Month a Nationwide effort held each Septem6er to encourage
Americans to take simple steps to prepare for emergencies in their homes, businesses, and
schools; and
`W.HEREAS, National-Preparedness Month 2006 is sponsored 6y the VS. Department of.Jfomeland
Security whose goal is to highlight the importance of family emergency preparedness and
promote individual-involvement through events and activities across the Nation; and
`71Ec;EAS, In 1989 the County of Los Angeles adopted and implemented the Emergency Surfirival
Program (ESE),formerly known as the Earthquake Survival-Program, which encourages
residents to preparefor earthquakes, wildlandfires, and-other hazards 6y taking a different
preparedness action each month; and
ti' REAS, The County of LosAngeks supports the V.S. Department oflfomelandSecurzty's National-
Preparedness Month campaign and its goal-to increase public awareness regarding the
importance of preparing for emergencies; and
"ERE` AS, ACC residents of Los Angeles County are encouraged to continue taking emergency
preparedness actions to make themselves, theirneigh6orhoods, businesses, andschoofs more
self-sufficient in the event of a catastrophic earthquake, wi(d7and fire, tsunami or other
disaster:
WOW, `Z LEREEORE, the City Council of the City of Azusa proclaims the month of Septem6er 2006 as,
"COVNl*YOE LOS ANGELES NATIONAL PREPAWEDNESS NOME"
in Azusa, as sponsored 6y the V.S. Department of lomelandSecurity. The Council encourages all-residents,
neighborhoods, businesses, andschoofs to take steps to prepare for emergencies; to participate in community
events and activities throughout the month and year; and to visit www.espfocus.org to take advantage of the
Emergency Survival Program information to increase their knowledge of emergency preparedness.
INWI2*JV?ESS `4? EREOF, We have hereunto set our hands and caused the seal-of the City of Azusa to 6e
affixed this Eighteenth day of Septem6er, Two'Thousand Sk
City of Azusa
NEW PROJECTS
DEPARTMENT: Recreation and Family Services DATE: August 17, 2006
DIVISION: Recreation PREPARED BY: Joe Jacobs
PRIORITY: Gladstone Park Foul Ball Netting
BUDGETED AMOUNT: $20,000 FY: 2006-2007
PROJECT NARRATIVE: This project is designed to address the concern of (two)
neighbors on the 1st base side of Gladstone Park at Russell Street. This project will allow
for purchase and installation of netting to deter the number of foul balls that land in the
street or roll to the properties of the residents on Russell.
IMPACT ON OPERATING BUDGET: N/A.
FUNDING SOURCE: General Fund
JUSTIFICATION: Safety and liability issues persist, but have yet to come into play in the
last 40 years of the parks' operation. I recommend, as discussed, a meeting of all of the
neighbors to gauge their opinion on the matter to insure that the project is not orchestrated
by a small minority, yet a neighborhood consensus.
ATTACH PICTURES AND MAPS IF APPLICABLE
City of Azusa
NEW PROJECTS
DEPARTMENT: Administration DATE: September 13, 2006
DIVISION: City Manager's Office PREPARED BY: James Makshanoff
PRIORITY: Electronic Marquee
BUDGETED AMOUNT: $36,000 FY: 2006-2007
PROJECT NARRATIVE: This project would allow for the purchase and installation of an
electronic marquee similar to the one at the Light and Water Department. This new
electronic marquee would replace the current marquee in front of City Hall on Foothill Ave.
The electronic marquee would be single color amber with three text lines maximum that
would have sixteen characters at nine inches high per line. The marquee would be
connected to the City Clerk's office via a network connection that would allow for the
updating of messages from the office via a computer
IMPACT ON OPERATING BUDGET: Utility costs will increase upon installation and full
operation the full impacts are unknown at this time.
FUNDING SOURCE: Public Works endowment fund
JUSTIFICATION: An electronic marquee would be beneficial to the public as a way to
continually advertise city business and messages.
ATTACH PICTURES AND MAPS IF APPLICABLE
O
City of Azusa
NEW PROJECTS
DEPARTMENT: Recreation and Family Services DATE: August 17, 2006
DIVISION: Recreation PREPARED BY: Joe Jacobs
PRIORITY: HVAC in gymnasium at Memorial Park Recreation Center
BUDGETED AMOUNT: $150,000 FY: 2006-2007
PROJECT NARRATIVE: This project would allow for the purchase and installation of air
conditioning in the gymnasium at the Memorial Park Recreation Center, home to more than
4,000 youth sports participants and more than 2,000 adult sports participants annually.
The project would vastly increase comfort level for thousands of spectators as well.
IMPACT ON OPERATING BUDGET: Utility costs will no doubt increase upon installation
and full operation. Conversely, we anticipate an increase in revenue as well, from teams
and leagues who many now choose our climate controlled facility for their recreation
pursuits.
FUNDING SOURCE: Public Works endowment fund
JUSTIFICATION: This amenity is long overdue. Safety and liability issues present
themselves in the summer months as the temperature rises to scorching levels. The
addition of the HVAC will allow Memorial Park to be categorized as a"cooling center"along
with the City Library and Senior Center.
ATTACH PICTURES AND MAPS IF APPLICABLE
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AZUSA
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BOB GARCIA, CHIEF OF POLICE
VIA: FRAN DELACH, CITY MANAGER
DATE: SEPTEMBER 18, 2006
SUBJECT: ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT
SYSTEM (NIMS)
RECOMMENDATION
It is recommended that the City Council adopt a resolution committing the City
to compliance with the NIMS program, as the first official step in the process
of integrating NIMS into our emergency management program.
BACKGROUND
On February 29, 200, President Bush issued Homeland Security Presidential
Directive #5 (HSPD-5) for the purpose of enhancing the ability of the United
States to manage domestic incidents (including terrorism, human caused and
natural disasters) by establishing a single, comprehensive national incident
management system (NIMS).
As a result of this directive, the Department of Homeland Security (DHS)
developed the NIMS program. The NIMS program is largely based upon the
Standardized Emergency Management System (SEMS), which we have been
using in California for nearly ten years. However, there are some differences
and enhancements to the SEMS concept but overall these changes are not a
radical departure from the basic SEMS program.
The Department of Homeland Security has notified all recipients of Federal
anti-terrorism grants that adoption of and compliance with NIMS is required for ,
ma /
future participation in these grants. Furthermore, the Governor's Office of
Emergency Services (OES) has begun the process of integrating the NIMS
program into SEMS. Ultimately, in California, SEMS will be synonymous with
NIMS, and all government agencies will be required to use the revised SEMS in
order to qualify for post-disaster personnel cost reimbursement, as well as to
qualify for Federal anti-terrorism grants.
At present NIMS is a work in progress, and not all the details have been
finalized. Similarly, the OES integration of NIMS and SEMS is not yet
completed. Because of this, compliance with NIMS is a phased process. In
the City of Azusa, basic training for city personnel has already begun.
FISCAL IMPACT
The cost of compliance cannot be determined at this time. Several staff will
undergo training to become certified instructors in the coming year, to train
police personnel which fall under Peace Officer Standards Training (Post)
criteria. Homeland Security Grant training funds already budgeted within the
Police Department will cover some of this instructor training.
The cost of non-compliance is also undetermined, but could be substantial,
given the loss of Federal anti-terrorism grants and denial of reimbursement for
disaster-related costs.
PREPARED BY
Olga Bruno, Emergency Services Coordinator
OB/AdoptNIMS.doc
•
RESOLUTION NO.
A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS)
WHEREAS, the President of the United States has issued Homeland Security presidential
Directive #5, which ordered the creation of the National Incident Management System, and
WHEREAS, the National Incident Management System creates a single, comprehensive
incident management system for all public agencies in the United States, and
WHEREAS, the City of Azusa has already adopted and used California's Standardized
Emergency Management System (SEMS) for emergency management, and
WHEREAS, the City of Azusa desires to provide the community with the best capability to
rapidly and efficiently respond to emergencies and disasters, and
WHEREAS, the National Incident Management System is now the national standard for
organizing and responding to emergencies and disasters, including terrorism, human caused
events and natural disasters,
NOW THEREFORE, let it be resolved that the City of Azusa formally adopts the National
Incident Management System, and will participate in the phased implementation of the National
Incident Management System.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2006.
Diane Chagnon, Mayor Date
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of Azusa at a regular meeting thereof held on the 18th day of August, 2006, by the following
vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk Date
. - EOC Organization Chart-Sign In
Date: Operational Period:
Time: Primary: City Mgr. Fran Delach
5238
\It: Police Chief Bob Garcia 3251
'41'' :15Diane Chagnon, Mayor
Sonia Carvalho
- - Candy Toscano x5271 Martin Quiroz X5178
Alt. Vera Mendoza x5229 Alt. P.D. PIO Team Dave Hardison, Council
Tina Cravens x5239 Joe Rocha, Council
Keith Hanks, Council
PD Staff Olga Bruno x3265 Angel Carrillo, Council
Alt. Bob Garcia x3251
Sam Gonzalez x3218 Bruce Coleman x5236 James Makshanoff xt5248 Alan Kreimeier x5291
Alt. Gene Street 3297 Alt. Robert Person x 5224 Alt. Joe Jacobs x5220 Alt. Hen Quintero 5278
Larry Onaga x5262 Karen Clear x5254 Elaine Wanstrath x3298
Fire Representative Alt. Sandra Benavidez x5100 Alt. Victor Padilla x5244
Alt. Susan Paragas x5340
P.D. Lieutenant Lina Fernandez x5203 Charles Alvarez x5250 Kelly Williams X5426
Alt. Lieutenant Alt. Candice Ho x5332 Alt. Thomas Gutierrez x5250 Alt. Debbie Enriquez x530.L
Micheal Scott x5244 Ann Graf X5024 Tony Garcia X5256
AZPDIL.A. County Alt. Robb Keyes x5293 Alt. Mike Guadagnino x5151 Alt. Debbie Enriquez
L.A. County Liaison Robert Person x5224 I I Rich Cabildo x5290 Shelley Ovrum x5241
Maggie Diaz x5188 Alt.Debbie Mortensen x 528
Joe Jacobs x5220 Robert Person x5224 Lysell Wofford x3230 Finance/Adm. Section
Alt. Mark Gonzalez x5201 Alt. Bruce Coleman x5236 Alt. Cristina Gomez 3255 Leader
Joe Hsu x5219 Contract Service if Needed Paul Reid x5154
Alt. Bob Tang x5214
Chet Anderson x5209 EOC Directors Cathy Hanson x5183
Alt. Dave Ramirez x5218 Olga Bruno, ESC Alt. Shelle Ovrum x5241
Robb Keyes x5293 Albert Tovar x5277
Alt. Edic Alaverdir x5294 Alt. Sr Center Recreation
Su ierintendent x5205
City Personnel
City Volunteers
AACES
Explorers
James Makshanoff x5248 Gina Footdale x3235
Alt. Joyce Gurbada x3295
Alt. Micheal Scott x5244
Amateur Radio: AACES
EOC - 316
August,2006 OBRUNO\EOC Organization Chart.doc