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Home My WebLink AboutMinutes - January 19, 1987 - RACITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 19, 1987 - 6:40 P.M. The Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Chairman Moses called the meeting to order. ROLL CALL PRESENT: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES ABSENT : DIRECTORS: NONE ALSO PRESENT General Counsel Thorson, Executive Director Wood, Redevelopment Director Harding, City Department Heads, Secretary Solis, Deputy Secretary Lara. There being no additions or corrections, the Minutes of the regular meeting of January 5, 1987, were approved as written. Owner Participation Agreement between the Agency and the County of Los Angeles for development of a 112 unit residential project at 601 East Eighth Street. The Agreement requires the Agency to construct Eighth Street in support of the project at a maximum cost of $200,000.00 to the Agency. The Agency will also acquire and construct an access roadway from Foothill Blvd. to Eighth Street. General Counsel apprised the Agency of certain modifications to the Owner Participation Agreement which included the County's payback of monies expended by the Agency, alternative access to the site, and pursuant to Federal Law, prohibits application of any rent control on the project for the life of the grant. This proviso would apply to this project only, not city wide, in the event the City was inclined to establish rent control. Director Avila then offered a resolution entitled: Call to order Roll Call Also present Min appvd OPA w/ LA County Modifica- tions to OPA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #326 AGENCY OF THE CITY OF AZUSA APPROVING AN OWNER PARTICIPATION appvng AGREEMENT BETWEEN THE AGENCY AND THE COUNTY OF LOS ANGELES OPA with RELATING TO PROPERTY AT 601 EAST EIGHTH STREET, AZUSA. LA County Moved by Director Avila, seconded by Director Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE 0 0 Owner Participation Agreement between the Agency and Messenger/Azusa II for construction of Phase II of the Azusa Industrial Center. The Agreement requires the Agency to reimburse Messenger/Azusa for public improvement costs associated with the development. The project consists of 380,000 square feet of industrial space with an assessed valuation of $11 million. Director Avila offered a resolution entitled: OPA w/ Messenger A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #327 AGENCY OF THE CITY OF AZUSA CERTIFYING THE NEGATIVE certifying DECLARATION FOR THE APPROVAL OF THE OWNER PARTICIPATION Neg Dec AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND MESSENGER/AZUSA. Moved by Director Avila, seconded by Director Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Cruz offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res.#328 AGENCY OF THE CITY OF AZUSA APPROVING THAT CERTAIN AGREEMENT appvng ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE OPA w/ REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND Messenger MESSENGER/AZUSA, A CALIFORNIA LIMITED PARTNERSHIP." Moved by Director Cruz, seconded by Director Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Moved by Director Cook, seconded by Director Cruz and Frml bids unanimously carried by roll call to waive formal bidding waived for procedures pursuant to the Municipal Code and authorize toxic re - informal quotes for the removal of toxic substances from a moval @ site to be purchased by the Agency. ctn site Moved by Director Cruz, seconded by Director Latta and Agency unanimously carried by roll call to receive and file Treas. Agency Treasurer's Financial Statement, showing a balance of Fin.stmnt $3,290,406.98, as of December 31, 1986. This is the Agency's balance, only. These figures were previously reported with the City Treasurer's Report. Director Cruz offered a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF Res. #329 AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF Warrants REDEVELOPMENT AGENCY FUNDS. Moved by Director Cruz, seconded by Director Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Cruz offered a resolution entitled: 01/19/87 PAGE TWO 0 0 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF Res. #330 AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF Warrants REDEVELOPMENT AGENCY FUNDS. Moved by Director Cruz, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE PUBLIC PARTICIPATION Pub.Prtc. Mr. Shams Karimi addressed the Agency seeking relief from S.Karimi the West End Redevelopment Project Area moratorium for the req.relief purpose of constructing a service station/mini-market at frm mora Todd and Foothill Blvd. torium Redevelopment Director Harding apprised the Agency that our consultant, POD, Inc., had recommended that an office Comments with a restaurant be constructed at that location, however, by Red.Dir. that public participation meetings were to be held with POD and property owners in the West End area sometime next week and that he and Mr. Karimi could then discuss his project and possibly integrate it into the specific plan for that area. No action taken by the Agency. Moved by Director Latta, seconded by Director Avila and Recess to carried that the Agency recess until the end of the City end of Cncl Council meeting. mtg TIME OF RECESS: 6:55 P.M. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH CITY COUNCIL Convene AT 9:10 P.M. w/Cncl Councilman/Director Cook offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #331 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JANUARY 19, Session 1987, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a), (b) AND (c). Moved by Councilman/Director Cook, seconded by Councilman/Director Cruz to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 9:11 P.M. Closed Session THE CITY COUNCIL AND THE AGENCY RECONVENED AT 9:28 P.M. Reconvened City Attorney/General Counsel advised that the item to be claim of discussed in CLOSED SESSION was to address the claim filed S.G.V. by the San Gabriel Valley Tribune in the amount of $1092.50. Tribune The Council/Agency instructed him to address this item in Open Session and no action was taken during the CLOSED 01/19/87 PAGE THREE SESSION. The claim involves a request by the Tribune for attorney's fees involved in the case of Lyte v. Azusa Redevelopment Agency. The Tribune claims that they incurred attorney's fees in the amount of $1092.50 to obtain documents in that case from the Redevelopment Agency and claim they are entitled to those attorney's fees under the California Public Records Act. He then apprised the Council/Agency that he did not believe that the Tribune was legally entitled to those fees under the Public Records Act as Section 6259 of the Government Code provides that attorney's fees are only recoverable when a person files litigation against the Council/Agency to recover those fees. In this case no litigation was filed against the Council/Agency to recover that, but the Agency voluntarily relinquished those documents. He further advised the options Council/Agency: 1. Reject the claim in its 2. Pay the claim or a certain it on the theory that it more to fight it than it, or, Pay the claim in full. available to the Options available re: claim entirety, portion of would cost to settle After discussion, it was moved by Mayor/Chairman Moses, Claim of seconded by Councilman/Director Cruz and carried by roll Tribune call that the Council/Agency honor the claim and pay the honored amount of $1092.50 to the San Gabriel Valley Tribune. Councilman/Director Latta dissenting. Moved by Councilman/Director Latta, seconded by Adjourn Councilman/Director Cook and unanimously carried to adjourn. NEXT RESOLUTION NO. 332 01/19/87 PAGE FOUR