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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 1/.( or 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. C:\Documents and Settings\rivstaf£one\Local Settings\Temporary Internet Files\OLKI2\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 1 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: C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLKI2\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 2 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 C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 3 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. C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 4 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 C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 5 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 C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 6 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: C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 7 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] C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 8 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 C:\Documents and Settings\rivstaff.one\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 9 Exhibit A—Relocation Plan Exhibit B—Remediation Plan C:\Documents and Settings\rivstaffone\Local Settings\Temporary Internet Files\OLK12\DOCS_OC-28028-v2-Azusa-settlement agreement and general release-San Gabriel Valley Gun Club-amortization issues.DOC 10 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 e., 3 . -; „..,,,,,,„, _ ‘4.4.4.i'': 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