HomeMy WebLinkAboutAgenda Packet - August 04, 2003 - CCAGENDA
CITY COUNCIL, AND
THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY, AUGUST 4, 2003
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
CRISTINA C. MADRID
MAYOR
DIANE CHAGNON IOSEPH R. ROCHA
COUNCILMEMBER MAYORPROJEMPORE
DICK STANFORD DAVE HARDISON
COUNCILMEMBER COUNCILMEMBER
1. CEREMONIAL
A. Mrs. Frances Madrigal, President of Sister City, to introduce the visitors from Zacatecas Youth
Exchange.
B. Swearing -In Ceremony for the newly promoted Sgt. Paul Dennis.
If. CLOSED SESSION
A. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8).
Address: Parcel #8616-001-408
Agency Negotiators: City Manager Cole, Assistant City Manager Person and
Economic/Redevelopment Director Hennessey
Under Negotiation: Price and Terms of Payment.
7:30 p.m. - Convene to Regular Meeting of the City Council
• Call to Order
• Pledge to the Flag
• Invocation — Pastor Samuel Martinez of Christian Faith Center of the Valley
• Roll Call
4-1
111. PUBLIC PARTICIPATION
Person/Gioup shall be allowed to speak without interruption up to rive (5) minutes, subject to
compliance with applicable meeting rules. Questions to the speaker or responses to the
speaker's questions or comments, shall be handled after the speaker has completed his/her
comments. Public Participation will be limited to sixty (60) minutes.
A. Mr. Eric Anderson to address Council regarding piercing studios and zoning laws pertaining to
body art businesses.
IV. REPORTS UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF
A. NOTICE TO THE PUBLIC - NOTICE IS HEREBY GIVEN of City Board and Commission term of office
expirations, ending September 30, 2003, for the following Boards and Commissions of the City of Azusa:
2 positions Architectural Barriers Commission
1 position Cultural and Historical Preservation Commission
1 position Library Commission
2 positions Park and Recreation Commission
1 position Personnel Board
1 position Planning Commission
2 positions Human Relations Commission
Applications are available in the City Clerk's and City Manager's Office, 213 East Foothill Boulevard, City
Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N.
Alameda, and the Azusa Chamber of Commerce, 240 West Foothill Boulevard, for interested
residents/incumbents; applications will be accepted through August 28, 2003, and interviews will be
scheduled during the month of September,. 2003. For further information please call: (626) 812-5271.
B. Lieutenant Frank Chavez to provide a presentation regarding the Police Department's response
to the July a celebration this past year and options for next year's response plan.
C. Discussion Regarding the Leo Nasser Men's Store Building at 706 N. Azusa Avenue.
Recommendation: Discuss the matter and provide direction to the Applicant, Cultural and Historic
Preservation Commission and Staff concerning the nature of the renovation of the Leo Nasser
building.
D. Chamber Funding. Recommendation: That the City fund the Chamber of Commerce with 6% of
the annual Business License Tax Revenue to support economic development through marketing,
services and legislative advocacy and that $10,000.00 be annually allocated to the Chamber or
another non-profit or business for seed funding for the Miss Azusa Pageant, earmarking at least
$5,000 for participant scholarships.
08/04/03 PAGE TWO
"FINAL LEO
"Leo nasser
NASSER.DOC"
Bldg.doc"
D. Chamber Funding. Recommendation: That the City fund the Chamber of Commerce with 6% of
the annual Business License Tax Revenue to support economic development through marketing,
services and legislative advocacy and that $10,000.00 be annually allocated to the Chamber or
another non-profit or business for seed funding for the Miss Azusa Pageant, earmarking at least
$5,000 for participant scholarships.
08/04/03 PAGE TWO
CONTINUED ITEMS
A. Proposed Ordinance Leaving Special Taxes in CFD No 2002-1 (Mountain Cove).
Recommendation: Waive further reading and adopt Ordinance No. 03-04, Levying Special Taxes
within the City of Azusa Community Facilities District No. 2002-1 (Mountain Cove).
B. Request for Authorization to Solicit Request for Proposal/Qualifications for Inspection Services
Year #2 of the Pavement Management Improvement Program. Recommendation: Authorize
staff to solicit request for proposal/qualifications for on site inspections services for both the slurry
seal application and cape seal application portion of the Year #2/FY 2003-2004 Pavement
Management Improvement Project.
Ti
"FINAL STREETS
RFQ.DOC
VI. SCHEDULED ITEMS
A. PUBLIC HEARING - to consider Water System Development Fees to be charged by Azusa Light
and Water. Recommendation: Open the Public Hearing, receive testimony, close the Hearing.
Waive further reading and adopt Resolution No. 03-C63, amending Water System Development
Fees and waive further reading and adopt Resolution No. 03-C64, amending Water System
Annexation Fees.
nri
"FINAL WATER
DEVELOPMENT FEES
B. PUBLIC HEARING - Code Amendment No. 218 - an amendment to Chapter 88, Article VIII,
Section 88-1590(e). Allowing for signs in the City Right -Of -Way under limited conditions.
Recommendation: Open the Public Hearing, receive testimony, close the Hearing. Waive
further reading and introduce proposed Ordinance amending Title 88, Article Vlll, Division 1,
Section 88-1590(e) of the Azusa Municipal Code, allowing for signs in the City Right -Of -Way
under limited conditions.
"FINAL ROW.DOC'
08/04/03 PAGE THREE
"FINAL CFD STAFF
"FINAL CFD
"FINAL CFD EXH
REPORT.DOC
ORDINANCE.DOC'
A.DOC"
B. Request for Authorization to Solicit Request for Proposal/Qualifications for Inspection Services
Year #2 of the Pavement Management Improvement Program. Recommendation: Authorize
staff to solicit request for proposal/qualifications for on site inspections services for both the slurry
seal application and cape seal application portion of the Year #2/FY 2003-2004 Pavement
Management Improvement Project.
Ti
"FINAL STREETS
RFQ.DOC
VI. SCHEDULED ITEMS
A. PUBLIC HEARING - to consider Water System Development Fees to be charged by Azusa Light
and Water. Recommendation: Open the Public Hearing, receive testimony, close the Hearing.
Waive further reading and adopt Resolution No. 03-C63, amending Water System Development
Fees and waive further reading and adopt Resolution No. 03-C64, amending Water System
Annexation Fees.
nri
"FINAL WATER
DEVELOPMENT FEES
B. PUBLIC HEARING - Code Amendment No. 218 - an amendment to Chapter 88, Article VIII,
Section 88-1590(e). Allowing for signs in the City Right -Of -Way under limited conditions.
Recommendation: Open the Public Hearing, receive testimony, close the Hearing. Waive
further reading and introduce proposed Ordinance amending Title 88, Article Vlll, Division 1,
Section 88-1590(e) of the Azusa Municipal Code, allowing for signs in the City Right -Of -Way
under limited conditions.
"FINAL ROW.DOC'
08/04/03 PAGE THREE
VII. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote.
If Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will
be considered under SPECIAL CALL ITEMS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
mluly2l.doc
B. Human Resources Action Items. Recommendation: Approve Personnel Action Requests in
accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum
of Understanding(s).
IR
"FINAL HR ACTION
ITEMS.DOC'
C. Project Bid Award and Fund Transfer - Recreation Building Improvements Project.
Recommendation: Award the Recreation Building Improvements Project contract to Award
Building Services in the amount of $138,417.00 and approve transfer of $50,000.00 from the
Recreation Building project to West Wing Improvements.
"FINAL MEMORIAL
PARKIMPROVEMENI
D. San Gabriel Canyon Road Beautification - Project Completion Notice. Recommendation:
Approve the following for San Gabriel Canyon Road Beautification (SGCRB) Project: 1. Notice of
Completion for the final project cost of $1,438,068.38. 2. Total extra work in the amount of
$148,921.38. 3. Transfer funds from the Electric Division, project CIP account 84000A with
account number 3380000730-7145, in the amount of $65,722.60. 4. Use budget balance in
GCRB project account in the amount of $102,895.70 (out of the $108,750.00 available project
balance).
I -J
"FINAL NOTICE OF
COMPLETION - LANE
08/04/03 PAGE FOUR
' E. Project Bid Award and Fund Transfer — West Wing Building Improvements and Furniture Projects
Recommendation: 1. Award the West Wing Building Improvements contract to Advantage Project
Builders in the amount of $68,410.00. 2. Award the West Wing Building Furniture contract to
Yocum Business Furnishings in the amount of $39,031.90. 3. Authorize a CIP budget transfer in
the amount of $50,000.00. from the Recreation Building Improvement project to the West Win
g
Improvement Project.
"FINAL WEST WING
AWARD.DOC"
Approval of a loint Exercise of Powers Agreement Establishing the Gold Line Phase II
Construction Authority, and Authorization to Approve an Implementing Memorandum of
Understanding. Recommendation: Adopt Resolution No. 03-C65, which: 1) approves the JPA
Agreement, (2) authorizes the City Manager to approve any subsequent non -substantive language
changes to the Agreement, and (3) authorizes the City Manager to execute a Memorandum of
Understanding to implement the Agreement, clarifying the work relationship between the new JPA
and the Blue Line Construction Authority.
In
"FINAL JPA.DOC'
G. Resolution Authorizing Payment of Warrants by the City. Recommendation: Adopt Resolution
No. 03-C66.
THE CITY COUNCIL TO CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY TO DISCUSS THE
FOLLOWING:
Vlll. IOINT COUNCIUAGENCY ITEM
A. Adoption of Resolutions approving a Memorandum of Understanding between the City of
Azusa the Redevelopment Agency of the City of Azusa the City of Irwindale the Irwindale
Redevelopment Agency, and JAR -Kincaid LLC for the development of the Kincaid Pit.
Recommendation: Adopt Resolution Nos. 03-R26, (Agency) and 03-C67 (City) approving a
Memorandum of Understanding between the City of Azusa, The Redevelopment Agency of the
City of Azusa, the City of Irwindale, the Irwindale Redevelopment Agency, and JAR -Kincaid, LLC
for the development of the Kincaid Pit, and authorize the Executive Director of the
Redevelopment Agency to execute the Memorandum of Understanding.
In
"FINAL KINCAID
PIT.DOC'
08/04/03 PAGE FIVE
IX. REDEVELOPMENT AGENCY SCHEDULED ITEMS
A. Marketing Plan for ROP -4 Home at 410 North Alameda Avenue. Recommendation: Approve the
marketing plan to list 410 North Alameda Avenue at the fair market value of $315,000.00, and
enter into a 60 -day exclusive listing agreement with Robin Valentine at 3% commission.
In
"FINAL RORDOC"
X. REDEVELOPMENT AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote.
if Staff or Directors wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL G4LL ITEMS
A. Approval of Minutes. Recommendation: Approve minutes as written.
"Redev Min
wy2l.doc"
B. Resolutions Authorizing Payment of Warrants by the Agency. Recommendation: Adopt
Resolution Nos. 03-R27 and 03-R28.
In In
Wres.doc Wresl.doc
XI. ADJOURNMENT
A. Adjourn to Monday, August 11, 2003, at 6:30 p.m. at the Azusa Light and Water Conference
Room to conduct a workshop on Code Enforcement and Results Oriented Budgeting.
In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in
a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days
prior to the meeting when special services are needed will assist staff in assuring that reasonable
arrangements can be made to provide access to the meeting.
08/04/03 PAGE SIX
I> I
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT
VIA: RICK COLE, CITY MANAGER PA^
DATE: AUGUST 4, 2003
SUBJECT: DISCUSSION REGARDING THE LEO NASSER MEN'S STORE BUILDING AT 706 N.
AZUSA AVE.
RECOMMENDATION
It is recommended that the City Council discuss this matter and provide direction to the Applicant,
Cultural and Historic Preservation Commission and Staff concerning the nature of the renovation of the
Leo Nasser building.
BACKGROUND
Mr. J. Werner is the new owner of the Leo Nasser building, who plans to use the building for his
business, BMI Financial Service, and Azusa Business Center. He plans to make interior and exterior
improvements. Prior to formally submitting plans for the renovation project, Mr. Werner appeared
before the Cultural and Historic Preservation Commission to obtain guidance concerning his proposed
exterior design, which was described as one that compliments the adjacent Wells Fargo building. This
design would have completely changed the front fagade of the building.
Mr. Werner subsequently amended his proposal to retain the basic historic exterior design. He
explained to the Commission that the proposed improvements would include:
1. Replacement of the existing door with a nickel -plated door. —
2. Replacement of the existing glass block fagade with a serpentine -style (curved glass)
storefront.
3. Reuse of the projecting sign with a new sign face.
4. Cleanup of the exterior glazed brick.
5. New stucco/paint over any old stucco.
6. Retain the primarily white color of the building.
7. Demolish the rear shed.
1
The Commission discussed the appropriateness of the proposed improvements, and noted the
proposed elimination of the glass block. It was mentioned that it is common for historic building
renovation projects to establish a specific "period" for renovation. This building was built circa 1918.
Stained glass windows were added in 1923, the glass block was added in 1941, and in 1945 Leo
Nasser's store moved in. The Commission was generally pleased with the proposed improvements, and
after discussion, agreed that the removal of the glass block would be appropriate, because the
appearance of the original design would be restored.
DISCUSSION
In order to open for business immediately, the Applicant has recently indicated that he intends to clean
up the exterior of the building and reface the projecting sign. At a later date, he will submit for Precise
Plan of Design approval for future facade changes and the addition of second floor residential units.
When he does, the Cultural and Historic Preservation Commission will have another opportunity to
review the proposed plans.
Some Council members recently expressed an interest in having the renovation project retain the glass
block. The opportunity is now provided for the Council to discuss this matter, and to provide specific
direction to the Applicant, Commission and Staff concerning the glass block.
FISCAL IMPACT
No fiscal impact is anticipated
Attachments: Photos
N-.
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: COUNCIL SUBCOMMITTEE MEMBERS HARDISON AND CHAGNON
DATE: AUGUST 4, 2003 N�
SUBJECT: CHAMBER FUNDING
RECOMMENDATION
That the City fund the Chamber of Commerce with 6% of the annual Business License
Tax Revenue to support economic development through marketing, services and
legislative advocacy and that $10,000 be annually allocated to the Chamber or another
non-profit or business for seed funding for the Miss Azusa pageant, earmarking at least
$5,000 for participant scholarships.
BACKGROUND
When the City's Business License Tax was last comprehensively revised over a decade
ago, commitments were publicly made to devote 10% of the revenue to support for
business and economic development through funding of the Azusa Chamber of
Commerce. This pledge fell victim to later budget cuts. Two years ago, the Council
supported restoring the earlier funding of $100,000, though this was not tied to the
earlier percentage formula, since subsequent changes in the tax had increased revenue
beyond the amount anticipated ten years before.
The annual funding is billed monthly as part of an annual contract that spells out specific
tasks to be performed, including sponsorship of the Miss Azusa pageant.
Council recently directed a two -member subcommittee to re-examine the current
approach, particularly in light of a number of Council concerns about the group's
priorities and performance.
a
I
i
The subcommittee met and thoroughly discussed these concerns with the City's
representatives on the Chamber's board of directors and the City Manager. In the end,
however, the subcommittee felt that the Chamber Board of Directors is the group
responsible for addressing these concerns and that it is important that the Chamber
remain independent of management by City government.
That led the subcommittee to recommend reverting to the previous principle that the
funding should come without strings as a direct level of support from the businesses in
the community, through their tax bills. That approach does not entangle the City Council
in second-guessing the Chamber Board over operational issues and compromise the
Chamber's ability to forcefully advocate for economic development and the interests of
Azusa businesses.
The subcommittee does strongly urge, however, that the Chamber continue to work
more closely with the Downtown Business Association (DBA.) The Redevelopment
Agency previously provided one-time funding to the DBA and a commitment to ongoing
funding the Chamber raises concerns about equity. We hope that the DBA can formally
affiliate with the Chamber, preserving its independent identity as an advocate and
organizer of merchants, property owners and supporters of revitalization efforts - but
eliminating duplication by sharing resources with the Chamber. Again, the shape of such
a partnership should rest with the boards of the Chamber and the DBA. Preliminary
discussions have begun, recognizing the opportunity for staff consolidation as a result of
the Chamber's current staff vacancies.
Given the Council and community support for continuing a Miss Azusa franchise that is
the oldest in the State, the subcommittee recommends establishing a separate
earmarking of funding for that annual function. Currently, the program gets no direct
funding from the Chamber and relies on in-kind staff support, volunteers and funds
raised. By allocating seed money, the amount given to scholarships can be increased.
which should draw more entrants. A separate contract should be executed with the
Chamber or any other party stepping forward to take responsibility for maintaining the
program.
FISCAL IMPACT
Currently the City allocates $100,000 to the Chamber, with $50,000 coming from Azusa
Light & Water, $25,000 from Redevelopment and $25,000 from the General Fund. A
G% share of the Business License Tax is projected to be approximately $90,000 in the
coming year. The other two sources of funding would reimburse the General Fund for
their share of future funding for the Chamber and Miss Azusa under the new formula.
These funds are budgeted in the Adopted FY 2003-04 Budget.
ORDINANCES/SPECIAL RESOLUTIONS
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVE KENOYER, ACTING FINANCE DIRECTOR & KIM BYRENS, BOND
COUNSEL
VIA: ROBERT PERSON, ASSISTANT CITY MANAGER
DATE: JULY 21, 2003
SUBJECT: ORDINANCE LEVYING SPECIAL TAXES IN CFD NO. 2002-1 (MOUNTAIN
COVE)
RECOMMENDATION
It is recommended that City Council waive further reading and adopt proposed
ordinance regarding Levying Special Taxes in Community Facilities District No. 2002-1
(Mountain Cove).
BACKGROUND
It is necessary at this time that the City Council adopt an ordinance levying special
taxes to pay bonds of the Community Facilities District No. 2002-1. At the July 8`h
meeting, the City Council accomplished the first reading of the Ordinance which will
levy the special taxes for the Community Facilities District for the 2003-04 fiscal year
and each fiscal year thereafter at the rates stated in the rate and method of
apportionment set forth in Exhibit A to the Ordinance. The current meeting is to
accomplish the second reading and adoption. Thereafter, the special tax levies for
this district will be delivered to the County Auditor for inclusion on tax bills.
FISCAL IMPACT
There is no direct impact to City finances. All costs for the CFD are borne by the
property owners.
jf 4193
�172,116� �'
ORDINANCE. NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA LEVYING SPECIAL TAXES
WITHIN THE CITY OF AZUSA
COMMUNITY FACILITIES DISTRICT NO. 2002-1
(MOUNTAIN COVE)
WHEREAS, on April 15, 2002, this City Council adopted a resolution entitled
"Resolution of Intention of the City Council of the City of Azusa with Respect to Establishment
of Proposed City of Azusa Community Facilities District No. 2002-1 (Mountain Cove)" (the
"Resolution of Intention") stating its intention to establish City of Azusa Community Facilities
District No. 2002-1 (Mountain Cove) (the "District') pursuant to Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the
"Act'), to finance certain facilities described in the Resolution of Intention (the "Facilities"); and
Notice was published as required by the Act relative to the intention of this City Council
to form the District and to provide for the Facilities; and
This City Council has held a noticed public hearing as required by the Act relative to the
determination to proceed with the formation of the District and the rate and method of
apportionment of the special tax to be levied within the District to finance a portion of the costs
of the Facilities; and
At said hearing all persons desiring to be heard on all matters pertaining to the formation
of the District and the levy of said special taxes were heard, substantial evidence was presented
and considered by this City Council and a full and fair hearing was held; and
Subsequent to said hearing, this City Council adopted resolutions entitled "Resolution of
the City Council of the City of Azusa Establishing City of Azusa Community Facilities District
No. 2002-1 (Mountain Cove) County of Los Angeles, State of California, and Establishing the
Boundaries Thereof" (the "Resolution of Formation"') and "Resolution of the City Council of the
City of Azusa Calling a Special Election and Submitting to the Voters of City of Azusa
Community Facilities District No. 2002-1 (Mountain Cove) a Proposition with Respect to the
Annual Levy of Special Taxes Within the Community Facilities District to Pay Principal of and
Interest on Bonds Thereof, and a Proposition with Respect to the Establishment of an Appropri-
ations Limit for the Community Facilities District' which resolutions established the District,
authorized the levy of a special tax within the District., and called an election within the District
on the proposition of incurring indebtedness, levying a special tax, and establishing an
appropriations limit within the District, respectively; and
An election was held within the District in which eligible landowner electors approved
said propositions by more than the two-thirds vote required by the Act.
On October 21, 2002, additional territory was annexed into the District and the voters
approved the levy of special taxes pursuant to the Rate and Method of Apportionment to pay
bonded indebtedness at an election held on October 21, 2002.
RVPUBTRAB\652406
NOW, THEREFORE, The City Council of The City of Azusa ordains as follows:
Section 1. By the passage of this Ordinance, this City Council hereby authorizes and
levies special taxes within the District pursuant to the California Government Code Sections
53328 and 53340, at the rates and in accordance with the method of apportionment set forth in
Exhibit A to the Resolution of Formation (the "Rate and Method of Apportionment'). The
special taxes are hereby levied commencing in fiscal year 2003-04 and, in each fiscal year
thereafter, until payment in full of any bonds of the City issued for the District (the "Bonds"),
payment of all costs of the Facilities to be paid with such funds, and payment of all costs
administering the District.
Section 2. The City Treasurer or his/her designee is hereby authorized and directed each
fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing
fiscal year for each parcel of real property, including leasehold interests, within the District, in
the manner and as provided in the Rate and Method of Apportionment.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, except those properties subject to a leasehold interest,
to the extent set forth in the Rate and Method of Apportionment. In no event shall the special
taxes be levied on any parcel within the District in excess of the maximum tax specified in the
Rate and Method of Apportionment.
Section 4. All of the collections of the special tax shall be used as provided for in the
Act, the Municipal Code, the Rate and Method of Apportionment, and in the Resolution of
Formation including, but not limited to, the payment of principal and interest on the Bonds, the
replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities, the
payment of the costs of the City in administering the District and the costs of collecting and
administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet the
financial obligations of the District on the secured real property tax roll in the same manner as
ordinary ad valorem taxes are collected. The City Treasurer or his/her designee, pursuant to the
Rate & Method of Apportionment, is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Los Angeles and to otherwise take all
actions necessary in order to effect proper billing and collection of the special tax, so that the
special tax shall be levied and collected in sufficient amounts and at the times necessary to
satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full
and provision has been made for payment of all of the administrative costs of the District.
Notwithstanding the foregoing and notwithstanding the Rate & Method of
Apportionment, the City Treasurer or his/her designee may collect one or more installments of
the special taxes by means of direct billing by the City of the property owners, or leasehold
interest holders, within the District, if, in the judgment of the City Treasurer or his/her designee,
such means of collection will reduce the administrative burden on the City or is otherwise
appropriate under the circumstances. In such event, the special taxes shall become delinquent if
not paid when due as set forth in any such respective billing to the property owners, or leasehold
interest holders.
RVPU3\KAB\652406
The special taxes shall have the same lien priority, and be subject to the same penalties
and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In
addition, the provisions of Section 53356.1 of the Act: shall apply to delinquent special tax
payments.
Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District, by a Court of
competent jurisdiction, the balance of this ordinance and the application of the special tax to the
remaining parcels within the District shall not be affected.
Section 7. This Ordinance shall be published and posted in the manner specified in the
California Government Code, and shall become effective immediately upon its adoption. This
ordinance shall be subject to referendum pursuant to the laws of the State of California.
******4:*
PASSED AND ADOPTED at the regular meeting of the City Council of the City of
Azusa, State of California, on this day of _ 2003.
Mayor
U0191.19
City Clerk
RVPUBT,AB%52A06
r
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL NAKASONE, DIRECTOR OF PUBLIC WORKS
VIA: RICK COLE, CITY MANAGER
DATE: AUGUST 4, 2003
SUBJECT: REQUEST FOR AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSAL /
QUALIFCATIONS FOR INSPECTION SERVICES — YEAR #2 OF THE PAVEMENT
MANAGEMENT IMPROVEMENT PROJECT.
RECOMMENDATION
It is recommended that the City Council authorize Public Works staff to solicit request for proposal
/qualifications for on site inspection services for the both the slurry seal application and cape seal
application portion of the Year #2 / FY 2003-2004 Pavement Management Improvement Project.
BACKGROUND
In the Fiscal Year 2003-2004 CIP Budget, the City Council authorized Year #2 of the Pavement
Management Improvement Project. This will entail street rehabilitation in grid segments #4, #7,
# 15, and # 17 at a cost of $1,593,264. These (4) segments represent approximately 20% of the
surface area of our total street network.
The overwhelming majority of treatment used in Year #2 of the Pavement Management
Improvement Project will be either rubberized slurry seal or cape seal. During cape seal and slurry
seal application, we want to employ the services of an "on site" inspector to perform the following
functions;
1. Insure that product material is in compliance with the stated specification.
2. Insure that the contractor has posted a minimum of (48) hours advance notice of
construction to the affected residents and business owners.
3. Insure that the contractor has set up proper traffic control measures for both vehicles and
pedestrians.
4. Witness the application process for proper application rates, thickness, composition, and
work methods.
5. Monitor contractor for proper start and end times.
6. Monitor contractor for restoring the job site to a high standard of cleanliness.
7. Verify square footage of applied product.
8. Insure contractor leaves job site with proper safety measures (traffic tabs, delineators
removed, etc).
9. The completion of a daily written report and a daily debriefing with the Director of Public
Works.
FISCAL IMPACT
We anticipate the time line for slurry seal and cape seal application will range from 6-8 weeks
(contingent upon weather conditions), Based on this time line estimate, we are requesting bids
for inspection services foran amount not to exceed $20,000. The work agreement does reimburse
the inspector on a flat hourly rate (with the cumulative total not to exceed $20,000). There are
sufficient funds to cover this expense in the Year #2 Pavement Management Improvement
Project.
Attachments: Request for Proposal / Qualifications and Professional Services Agreement for
Pavement Inspection Services.
I
August 4, 2003
CITY OFAZUSA REQUESTS PROPOSALS .....
for
INSPECTION SERVICES for Slurry Seal and Cape Seal
Application - City of Azusa Pavement Management
Improvement Project
I. Invitation For Proposals
The City of Azusa invites proposals for inspection services on the City of Azusa Pavement
Management Improvement Project.
II. Background
This request for proposals (RFP) is for on site inspection services of slurry seal and cape seal
application for the City of Azusa / Pavement Management Improvement Project. The Cityis now in
year #2 of a 10 year street network rehabilitation project hereinafter referred to as the "Pavement
Management Improvement Project". It is the goal and intent of this program to restore 100% of
street network to "excellent condition" by year #10. The majority of square footage improvement
will be made in the first five years of the program where we expect to restore 85% of the network to
"excellent condition" by the end of year #5. We have divided the entire city into 19 grids and have
identified 4 specific grids for rehabilitation this fiscal year. The majority of work will be either cape
seal application or rubberized Type II slurry seal application.
A City location map and specific areas affected for this fiscal year are attached.
III. Designated Project Manager
Firms shall designate an individual who will be the primary performer of the services described
herein and will be the main contact with the City.
IV. Proposal Content
Statements of qualifications must include the following:
Overview of the firm. Identify the members of the project team that will be performing the
requested services; describe the role of each member of the team and provide a table of
organization delineating the responsibilities of each member.
Provide a resume of education, expertise, and experience.
For the project manager, include examples of similar projects and his/her record of
completion of projects on schedule and within budget.
Sub -contract work:
If any portions of the project will be sub -contracted, provide the following information for the sub-
contractor(s):
1. Firm(s) name(s)
2. Home office addresses and telephone numbers
3. Local office addresses and telephone numbers
4. Firm principals
5. Description of services the firms will perform
6. Firms' experience in providing required services
7. Description of any special facilities, expertise,
performance of services described herein.
V. Selection Criteria
The key criteria used to evaluate qualifications shall toe:
or abilities that can be utilized in the
Training, experience, and demonstrated ability of the designated individual, who will be the
project manager.
Training and experience of support staff. Proposals from individuals or firms without support
staff will not be disqualified solely on that basis, provided the training and experience of the
designated individual and his/her time availability are sufficient to assure the City that the
requirements of the position can be fulfilled.
Ability to deliver the required work to meet the project schedule.
VI. Schedule
Proposals due
Contract award by City Council
Consultant begin work
All dates are approximate.
VII. Scope of Work
August 5, 2003
August 18, 2003
September 1, 2003
The proposal shall identify a concise description of the scope of work the consultant will use to
manage the project. The following are expected as minimum:
Daily Inspection — Slurry Seal and Cape Seal
1. Insure that contractor has posted a minimum of (48) hours advance notice of construction
in the affected area
2. quality control product material for conformance with stated specifications.
3. witness processes for proper application rates, thickness, composition, and work
methods.
4. monitor job for proper traffic control measures and advance warning for both vehicles
and pedestrians.
5. monitor contractor for proper start and end times.
6. verify square footage of product applied
7. monitor contractor for adherence proper hygiene and restoration of job site to clean
standards at the end of each work day.
8. Insure contractor leaves job site with proper safety measures installed (traffic tabs,
delineators removed, cones removed, etc).
9. The completion of a daily report including but not limited to all of the factors stated
above.
10. Submission of the daily report to the Director of Public Works.
VIII. Fee
The fee proposal shall be submitted for the consultant services outlined in the scope of work. The
basis of payment for the services provided under this agreement shall be a fully burdened hourly rate
whose cumulative amount shall not exceed $20,000. The City shall reimburse the consultant for
actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by
the consultant in performance of the work. The fixed fee shall not be altered unless there is
significant alteration in the scope, complexity, or character of the work to be performed. The
proposal fee shall be submitted in a separate, sealed envelope.
Please provide an hourly rate for inspection services.
IX. Additional Information
If you have any specific questions with regard to this project that are not covered by this
RFP, they should be set forth in writing and delivered to the undersigned. All such questions
received in this manner will be expeditiously answered.
Three copies of the proposal shall be submitted to the Public Works Director's Office no
later than 10 am on Tuesday, August 5, 2003. Envelopes shall be marked "Inspection
Services — Pavement Management Improvement Project"
• After a consultant is selected, the Public Works Director will initiate final contract
negotiation. If an agreement on the fee cannot be reached, the City reserves the right to end
negotiations and enter into negotiations with another firm.
• City reserves the right to reject any or all proposals submitted. Any award made for this
engagement will be done to the consultant, whom in the opinion of the City, is best qualified.
X. Insurance Requirements
The consultant will be required to provide insurance as follows:
• Workers' compensation
• General public liability and automobile ($1,000,000 limits) with the City named as an
additional insured.
• Professional liability ($1,000,000)
XI. Non-discrimination
The consultant shall not discriminate in the hiring of employees or in the employment of sub -
consultants on any basis as prohibited by law.
XII. Contact
Please direct all your written inquiries to the undersigned.
Sincerely,
Bill Nakasone
Director of Public Works
213 E. Foothill Blvd
Azusa, California 91709
(626)812-5248
Attachments: Location Map & Sample Work Agreement
PUBLIC HEARING
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
VIA: RICK COLE, CITY MANAGER /0 l
DATE: AUGUST 4, 2003
SUBJECT: WATER SYSTEM DEVELOPMENT AND ANNEXATION FEES
RECOMMENDATION
It is recommended that the City Council conduct a Public Hearing to consider
adjustments to Water System Development and Annexation Fees and adopt respective
resolutions approving new fees.
BACKGROUND
The City's Water Utility maintains Water System Development Fees that are used to
pay costs associated with new developments within the existing water service area.
Water System Annexation Fees are also imposed by the Utility to pay for system
upgrades necessary to serve properties located outside the existing water service area
after these properties are annexed.
These fees were developed to comply with state laws that require the equitable
distribution of costs for water system improvements that serve new developments or
annexed areas. Development Fees were first adopted in 1988, and were most
recently amended along with Annexation Fees on October 7, 2002. The year 2002
amended fees were supported by the Water System Master Plan, dated December
2000, prepared by Psomas Engineers, and the Water Facility Fee Evaluation study,
dated September 16, 2002, conducted by Civiltec Engineering.
To keep pace with rising costs due to inflation, fees included in attached resolutions
were adjusted using the Los Angeles Construction Cost Index as published by the
Engineering News Record (ENR). The ENR has increased by 1.7% this last year, and
therefore it is recommended that the City adjust the Development and Annexation
Fees accordingly. Pursuant to Azusa Municipal Code Section 78-475, these fees are to
be adjusted respectively using two separate resolutions.
FISCAL IMPACT
Development fee revenue varies from year to year, as does annexation revenue. From
FY 1997-98 to FY 2000-2001, development fee revenues ranged from $36,472 to
$301,056 per year based on the City's Annual Financial Reports. Revenues from the
development fee adjustment would increase between $600 to about $5,100 for ,
upcoming fiscal year, depending on developments.
Report Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
Attachments:
Reso-Development
Reso-Annexation
Fees.doc
Fees.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA AMENDING WATER SYSTEM
DEVELOPMENT FEES.
WHEREAS, pursuant to Section 78-475 of the Azusa Municipal Code, Water
System Development Fees are set by Resolution of the City of Azusa approved by
the City Council; and
WHEREAS, on October 7, 2002, the City Council approved Resolution No.
02-C102, which set forth certain findings establishing the basis for the Water System
Development Fees, and certain definitions with respect to how the Fees are applied;
and
WHEREAS, the City Council has determined that it is necessary to continue to
impose Water System Development Fees in order to offset the impact of future
property development on existing community facilities and services in order to
maintain existing levels of service at rates equitable to ratepayers; and
WHEREAS, the City Council has determined that it is necessary to adjust
Water System Development Fees from time to time to account for changes in costs
due to inflation; and
WHEREAS, the Los Angeles Construction Cost Index published by the
Engineering News Record (ENR) is a measure of inflation and has increased by 1.7%
this last year; and
WHEREAS, in order to meet expected cost increases as measured by the ENR
for activities related to new developments, is necessary to adjust Water System
Development Fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Water System Development Fees are hereby amended and
restated as follows:
Residential
a. Single family residential = $8,052.80/acre, $1,342.13/dwelling unit
b. Multi -family residential = $13,754.43/acre, $859.65/dwelling unit
2. Commercial/Industrial
a. Commercial = $6,171.86/acre, $0.62/SF
b. Industrial = $6,642. ] 0/acre, $0.26/SF
3. Park/School
a. School = $5,202.00/acre, $5,202.00/acre
b. Park = $2,380.57/acre, $2,380.57/acre
Section 2. The amended rates and charges of the City of Azusa Water Utility
shall take effect for all bills rendered on or after August 5, 2003.
Section 3. The Findings and Definitions included in Resolution 02-CI02 shall
continue to serve as the basis for these Fees, and be used for
purposes of administering and imposing these fees.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF AUGUST, 2003.
MAYOR
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 day of
, 2003 by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA AMENDING WATER SYSTEM
ANNEXATION FEES.
WHEREAS, pursuant to Section 78-475 of the Azusa Municipal Code, Water
System Annexation Fees are set by Resolution of the City of Azusa approved by the
City Council; and
WHEREAS, on October 7, 2002, the City Council approved Resolution No.
02-C 103, which set forth certain findings establishing the basis for Water System
Annexation Fees, and certain definitions with respect to how the Fees are applied;
and
WHEREAS, the City Council has determined that it is necessary to continue to
impose Water System Annexation Fees in order to offset the impact of future
annexations on existing community facilities and services in order to maintain
existing levels of service at rates equitable to ratepayers; and
WHEREAS, the City Council has determined that it is necessary to adjust
Water System Annexations Fees from time to time to account for changes in costs
due to inflation; and
WHEREAS, the Los Angeles Construction Cost Index published by the
Engineering News Record (ENR) has increased by 1.7% this last year; and
WHEREAS, in order to meet expected cost increases as measured by the ENR
for activities related to annexations, it is necessary to adjust Water System
Annexation Fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Water System Annexation Fees are hereby amended and
restated as follows:
Residential
a. Single family residential = $3,508.78/acre; $584.80/dwelling unit
b. Multi -family residential = $5,993.10/acre; $374.57/dwelling unit
2. CommerciaVlndustriaVParldSchool
a. Commercial = $2,689.21/acre; $0.26/SF
b. Industrial = $2,894.11/acre; $0.11/SF
C. Park = $1,037.27/acre; $1,037.27/acre
d. School = $2,266.62/acre; $2,266.62/acre
Section 2. The amended rates and charges of the City of Azusa Water Utility
shall take effect for all bills rendered on or after August 5, 2003.
Section 3. The Findings and Definitions included in Resolution 02-C103 shall
continue to serve as the basis for these Fees, and be used for
purposes of administering and imposing these fees.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF AUGUST, 2003.
MAYOR
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 day of
2003 by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT
VIA: RICK COLE, CITY MANAGER C" �
DATE: AUGUST 4, 2003
SUBJECT: ZONING CODE AMENDMENT (ZCA-218) ALLOWING FOR SIGNS IN THE CITY
RIGHT-OF-WAY UNDER LIMITED CONDITIONS.
RECOMMENDATION
It is recommended that the City Council introduce the attached Ordinance amending Chapter 88,
Article Vlll, Section 88-1590(e) to allow signs to be posted on public utility poles, light standards
or trees within the public right-of-way, under limited conditions, and adopt a Negative
Declaration.
I7:[M:Ch[Z�1�1►L
The Zoning Ordinance currently prohibits the posting of any signs on public utility poles or trees
within the public right-of-way. It was brought to Staff's attention that the City's recent program
honoring men and women in the war, such as the yellow ribbons and blue stars, may be contrary
to the provisions of the sign code.
The City is currently littered with tacky, illegal signs stapled to utility poles and trees, which
requires continual enforcement. The need for this ordinance prohibiting such signs is therefore
essential. However, the ordinance should also provide the City with flexibility to conduct
programs of a civic nature that may involve the use of light standards, trees, and utility poles in
the public right-of-way.
The attached ordinance amendment provides flexibility for the City to promote City functions,
community and economic development efforts, including business retention promotions, civic
involvement, holiday and patriotic themes. Title 88, Article VIII, Division 1, Section 88-1590(e) of
the Azusa Municipal Code is proposed to be amended as follows (added language is underlined):
"ARTICLE VIII. PROHIBITED SIGNS
to
Section 88-1590
(e) Signs posted on public utility poles, I_igh_t standards, or trees within the public
right-of-way, except when specifically approved and placed by, or on behalf of,
the City of Azusa to promote City functions, community and economic
development efforts, including, but not limited to business retention efforts
undertaken by or on behalf of the City, civic involvement, holiday and patriotic
themes. Placement of such signs by, or on behalf of the City, shall be subject to
specific conditions, contained in a required temporary sign permit, pertaining to
secure placement and fastening, duration, and maintenance/cleanup to assure
that the signs are securely fastened and do not create traffic hazards or litter."
The Ordinance was originally drafted by the City Attorney's office. The Planning Commission,
after discussing the revision, added the phrase "contained in a required temporary sign permit", to
address safety concerns and to control the length of time a sign can be posted.
FISCAL IMPACT
No negative fiscal impact is anticipated.
Attachment:
Draft Ordinance
y
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING TITLE 88, ARTICLE VIII, DIVISION 1, SECTION 88-1590(e)
OF THE AZUSA MUNICPAL CODE, ALLOWING FOR SIGNS
IN THE CITY RIGHT-OF-WAY UNDER LIMITED CONDITIONS
WHEREAS, Section 88-1590(e) of the Municipal Code prohibits all signs on
telephone poles and parkway trees, and
WHEREAS, the intent of said prohibition is to control traffic safety and maintain
cleanliness of the public right-of-way, and
WHEREAS, the City of Azusa has a compelling interest in creating this non-
public forum along portions.of its light standards, utility poles, and street trees in
order to promote the success of City functions, community and economic
development efforts, including, but not limited to business retention efforts
undertaken by or on behalf of the City, civic involvement, holiday and patriotic
themes,
NOW THEREFORE, the City Council of the City of Azusa does hereby ordain as
follows:
SECTION 1: Section 88-1590(e) is hereby amended to read as follows:
"(e) Signs posted on public utility poles, light standards, or trees within the public right-
of-way, except when specifically approved and placed by, or on behalf of, the City of
Azusa to promote City functions, community and economic development efforts,
including, but not limited to business retention efforts undertaken by or on behalf of the
City, civic involvement, holiday and patriotic themes. Placement of such signs by, or on
behalf of.the City shall be subject to specific conditions, contained in a required
temporary sign permit, pertaining to secure placement and fastening, duration, and
maintenance/cleanup to assure that the signs are securely fastened and do not create
traffic hazards or litter."
SECTION 2: Pursuant to the State California Environmental Quality Act (CEQA)
Guidelines and the City of Azusa Local Guidelines for Implementing CEQA, the City
Council hereby determines that the adoption of the proposed ordinance will not have
a significant effect on the environment. The City Council hereby certifies said Negative
Declaration.
SECTION 3: This Ordinance shall be posted in accordance with provisions of the
Azusa Municipal Code and shall become effective thirty (30) days from and after the date
of its passage.
4
SECTION 4: The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED this 4`" day of August, 2003.
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA )
1, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the _ day of , 2003. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the _ day of , 2003, by the following vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
The City Council of the City of Azusa met in regular session at the above date and time In the
Azusa Auditorium.
Moved by Councilmember Chagnon, seconded by Councilmember Stanford and unanimously Item VI -C
carried that item VI -C, proposed contract with Julie Gutierrez for the position of Deputy City Moved Into
Manager, be moved into Closed Session under Government Code Section 54957, Personnel Closed Sess
Matter, Public Employment Appointment.
It was consensus of Council to recess to Closed Session to discuss the following:
CLOSED SESSION
Conference with Legal Counsel — Potential Litigation (Gov. Code Sec 54956.9 (1511
One Case.
Real Property Negotiations (Gov. Code Sec. 54956.8)
Property Address: Block 36 (Foothill Blvd., Azusa Ave., a St., Alameda Ave.)
Agency Negotiators: City Manager Cole and Assistant City Manager Person
Under Negotiations: Price and Terms of Payment
Personnel Matter Public Employment Gov. Code Sec. 54957.
Title: Deputy City Manager
The City Council recessed to Closed Session at: 6:33 p.m.
The City Council reconvened at: 7:30 p.m.
City Attomey Carvalho advised that Council took action on a 5-0 vote to authorize the City
Attorney to seek Court Ordered Receivership against the Owner(s) Heirs of 524 W. 6' Street,
regarding the estate of Raul Gonzales. With regard to Real Property Negotiations Item, Council
took action on a 5-0 vote to authorize the Economic/Redevelopment Director Hennessey to
come back with recommendations regarding Exclusive Rights to Negotiate. With regard to
Item VI -C, Contract with Julie Gutierrez to carry out the duties of Deputy City Manager, direction
was given to the City Manager and City Attorney to complete negotiations and make an offer of
employment. Councilmember Chagnon and Mayor Pro -Tem Rocha dissenting.
Mayor Madrid called the meeting to order and led in the Salute to the Flag.
INVOCATION was given by Reverend Rick MacDonald of the Christian Family Center.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALSO PRESENT:
HARDISON, STANFORD, ROCHA, CHAGNON,
MADRID
NONE
City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police
Davis, Assistant Director of Utilities Ralscheuer, Police Officer Montague, Director of Utilities
Hsu, City Treasurer Macias, Community Development Director Bruckner, City Engineer
Abbaszadeh, Director of Public Works Nakasone, City Clerk Mendoza, Deputy City Clerk
Toscano.
Closed Sess
Con w/
Legal Cnd
Real Prop Neg
Block 36
Personnel
Matter
Recess
Reconvened
Reports from
Closed Session
Call to Order
Invocation
Roll Call
Also Present
PUBLIC PARTICIPATION
Invitation
Mrs. Rosemary Salce of the Azusa Golden Days Committee addressed Council announcing that
Rosemary Salce
the Committee Is having a Turnaround at Buffalo Bills on August 2V, at a cost of $20 per
Lorraine Somes
person, for further Information contact Elaine Dominguez, at 969-5374. They are accepting
Golden days
paraft applications and they can be obtained at Park and Recreation; they are looking for
R children entertainment for the Free Family Festival, call Rosemary at 334-1707. The Theme is
Art Morales
'Azusa Through a Child's Eyes. Mrs. Lorraine Somes, Hospitality Chairman reminded all that
Comments
$. nominating forms are out for honored citizens, for the parade and for theme for next year. She
noted the requirements for honored citizens are: 60 years, lived in Azusa 25 years or longer and
M. Tyner
has served the community In some volunteer way. She noted that applications can be obtained
Comments
& the Senior Center, Library, City Hall and Recreation Department.
J. Rocha
Ms. Suzanne Avila River Projects Coordinator addressed Council and Invited all to the tree Suzanne Avila
planting event on Thursday, July 31, 2003, in conjunction with 1A County. She stated that
Invitation
there will be many volunteers, Azusa tree planters and two Boy Scout Groups and trees will be
Update on
planted along the river. She also invited all to attend a community meeting to receive an
Complaint
update on River Projects on Monday, July 28, 2003, at the Church of Latter Day Saints, at 1645
Against TRS
N. San Gabriel Canyon Road.
Mr. Art Morales addressed Council stating that there Is a need for more police officers In the
Art Morales
City of Azusa, noting that there is much crime in the city. He advised that notices regarding
Comments
dog licenses were recently sent out and the! dates were wrong.
Mr. Michael Tyner addressed Council expressing his opinion regarding certain Council
M. Tyner
members.
Comments
Mayor Pro -Tem Rocha read Into record the City policy on decorum at Council Meetings,
J. Rocha
specifically for non -agenda Items for public participation. He reminded speakers that this is a
Comments
business meeting for formal city business and asked that no personal attacks take place.
Ms. Marie Kukula addressed Council expressing her concerns on what Is going on In the world
M. Kukula
and in Azusa, specifically weapons of mass destructions.
Comments
Mr. Seamus McKeever addressed Council expressing his opinion on first amendment rights,
S. McKeever
Imperialism, and he requested donations to help with their referendum efforts against Monrovia
Comments
Nursery.
Ms. Lana Grizzell addressed Council expressing her opinion on freedom of speech and
L. Grizzell
requested donations for their cause regarding the referendum against Monrovia Nursery.
Comments
Mayor Pro -Tem Rocha reiterated that personal attacks are not conducive of the City Council's
J. Rocha
decorum for public meetings and looked to the City Attorney for advise and she concurred. He
Comments
read Into the record other parts of ordinance regarding Council/public decorum at meetings.
REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates
Director of Utilities Hsu provided an update on the complaint against Thermal Remediation
Dir of Util
Solutions (TRS). He advised that he did research on the issue beginning with Azusa, which in
Update on
1994 Azusa Land Reclamation came to Planning Commission and received a Precise Plan of
Complaint
design which stated the operation met the City's land use requirements and that it would not
Against TRS
Impact the property in the neighborhood. With regard to chemical treated or soils to be treated
on the facility that was subject to federal regulations. The California Regional Water Quality
Board and the South Coast Air Quality Management Board were the two agencies that oversee
those issues and Azusa Land Reclamation had to receive the permit from them. He reminded
Council that he is still doing research on the matter and this was an update on the complaint
received at the last Council meeting. He then answered questions posed by Councilmembers
and each Councilmember offered their concerns on the issue. Mr. Hsu advised that the
drinking water in Azusa is good and safe.
Councllmember Chagnon Invited all to attend the Tax Reform Public Meeting on Thursday, July Chagnon
24, 2003, at the Azusa Auditorium located at 213 East Foothill Boulevard. Comments
City Treasurer Macias invited all to attend the Tax Reform Public Meeting and provide Input on CityTreas
how to cut cost and Increase revenues In the City. Comments
07/21/03 PAGE TWO
Mayor Pro -Tem Rocha announced that on Wednesday. August 6, 2003 at 6:00 p.m., there will
be an evening with Susan McDougal "The Woman Who Wouldn't Talk" at the home of Nancy
Russell at 409 N. Cedar Drive, In Covina. Flyers are available at the City Clerk's Office. He also
advised that on Friday, he had the chance to spend time with marry seniors from throughout the
Country and Canada and they cleaned up the parcel on Azusa Avenue and Newburgh. He
asked that the meeting be adjourned In memory of Maria Quintana a ninety-nine year resident
of the City and sent condolences to Henry Quintana.
Rocha
Comments
Councilmember Stanford announced that the dedication of Gold Line, is this weekend and that Stanford
the Construction Authority cancelled the meeting with the cities regarding Gold Line 11. Comments
Mayor Madrid welcomed all to the meeting, wished all a great summer.
Item IX regarding proposed Ordinance Levying Special Taxes in CFD No. 2002-1, Mountain
Cove was brought forward for handling at this time. City Manager Cole addressed the Item,
first, welcoming the residents of Mountain Cove. He detailed the complaints he has received
from residents of Mountain Cove regarding the levying of Special Taxes and stated that the
majority of the residents want to know what's being done, why it is being done, and why it's
being done now. He detailed the process for property tax allocations and how they are used,
noting that only $.16 out of every property tax dollar goes to the City of Azusa. He then stated
that the property tax that is being paid by new and existing residents will pay for Police, Fire,
electricity, etc., which help underwrite the cost of running the city; every resident pays into that.
He detailed and explained what Mello Roos and Community Facility District are and described
what the developer chose for the Mountain Cove Development and also chose that
homebuyers would pay for services, which would be disclosed to them. He stated that the City
Is now in the process of implementing the bonds which have already been sold. He noted that
the City has until August 10'" to rile the next step with the County Assessors and could push the
approval to the August 4' meeting until homeowners are made aware of the process. He
responded to questions from Councilmembers stating that staff would set up a meeting with
Mountain Cove residents, preferably at the Mountain Cove Club House to discuss the Issue.
Mr. Patrick Mallon addressed the Issue requesting that Council withhold action on this Item until
the City furnishes the residents of Mountain Cove with an explanation as to the purpose of the
Community Facilities District, what the tax levy will provide, and an explanation to the
methodology for the levying distribution. He detailed the process when he purchased his home
and stated that he was not told that there was a tax district In their area only minor references
to a Special Tax District. He noted that he never voted on this issue and questioned the
process and other specific areas regarding the Tax Levy.
Madrid
Item brt fwrd
Ordinance
City Mgr
Comments
P. Mallon
Comments
City Manager Cole explained the election process that took place on October 21, 2002 which City Mgr
was voted on by the property owner, which was Standard Pacific, he detailed. He reminded all Comments
that the County of Los Angeles received the majority of property taxes and that the City of
Azusa received only $.16 on the dollar.
Mr. Mark Martin addressed Council asking if the property owner has the opportunity to pay off
M. Martin
the debt sooner than noted.
Comments
Mr. Michael Williams, Financial Advisor, responded stating that he does not know of a provision
M. Williams
to allow pay off, but, will gladly review the documents regarding this issue.
Comments
Mr. Chris Terosi addressed the Issue asking where is the City's responsibility Is in this and that
C. Terosl
they should share a part In this tax City Manager Cole responded noting that the residents of
Comments
Mountain Cove will be utilizing City facilities. -
Mr. Steve Molina addressed Council stating that their tax burden is already high and he noted
S. Molina
how he calculated this with regard to his personal finances.
Comments
Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously
Levying Spec
carried to continue the second reading of proposed ordinance levying special taxes within the
Taxes Mtn
City of Azusa Community Facilities District No. 2002-1, Mountain Cove, to the meeting of
Cove con't
August 4, 2003.
8/4/03
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - to consider Adjustment In Water Rates. Pub Hrg
Water Rate
The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Adjustment
of notice of said Hearing published in the Azusa Herald on July 10, 2003. Hrg open
07/21/03 PAGE THREE
Director of Utilities Hsu addressed the Hearing stating that the City faces a number of Dir of Util
upcoming projects for capital improvement and there is a need to consider a 4.35% adjustment Comments
in water rates. The projects include distribution main upgrades, various underground pipeline
replacements, booster pump upgrades, reservoir rehabilitation and design work on a new water
treatment plant. He provided a power point: presentation regarding projections for the next five
years, noting the projections with no rate increase and the operating projections with the 4.35%
increase, and answered questions posed by Councilmembers.
Mr. Art Morales addressed the issue suggesting that the City utilized the roll over from Azusa A. Morales
Valley Water Company. Comments
Director of Utilities Hsu explained the process with regard to the purchase of water and water Dir of Utll
rights and the different entities that are involved. Comments
Moved by Councilmember Stanford, seconded by Councilmember Hardison and unanimously Hrg Clsd
carried to dose the Public Hearing.
Councilmember Chagnon offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE SCHEDULE Res. 03-C60
OF WATER RATES AND CHARGES FOR THE, AZUSA LIGHT AND WATER DEPARTMENT. Appvg Wtr
Rate Adjust
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha to waive further
reading and adopt. Resolution passed and adopted by the following vote f the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
The CONSENT CALENDAR consisting of Items V-A through V -L was approved by motion of Consent Cal
Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously carried, with V -D, F, H, tL K
the exception of Items V -D, F, H, and K, which was considered under the Special Call portion of Spec Call
the Agencia. Item V-1 was removed from the Agenda.
A. Minutes of the regular meeting of July 8, 2003, were approved as written.
Min Appvd
B. Approval was given to award the contract for Sewer and Storm Drain Upgrades to Andrew
Storm Drain
Papac & Sons in the amount of $1,080,648 and further to amend the current Capital
Upgrades
Improvement Project budget by $1,238,000 from Sewer Fund.
Papac ✓i Sons
C. The City Treasurer's Report as of June 30, 2003, was received and filed.
Treas Rpt
D. SPECIAL CALL ITEM.
Spec Call
E. Approval was given to award the Memorial Park HVAC Replacements project to Air Ex Inc.,
Mem Pk HVAC
In the amount of $37,692.
Air Ex Inc.
F. SPECIAL CALL
Spec Call
G. Authorization was given to approve the renewal agreement with LA Works for 2003/2004 /igmt w/LA
Fiscal Year. Works
H. SPECIAL CALL ITEM.
Spec Call
1. Authorization was given to solicit Request for Proposal/Qualifications for inspection
RFP/Q slurry
& cape seal
services for both the slurry seal application and cape seal application portion of the Year
Removed from
#2 FY 2003-2004 Pavement Management Improvement Project. THIS ITEM WAS
Agenda
REMOVEDIDELETED FROM THE AGENDA.
J. Agreement with the California State Department of Transportation for the maintenance of Landscape Mt
landscaping within the State Highway right of way was approved. CalTrans
IC SPECIAL CALL ITEM.
L. The following Resolution was approved and adopted:
Spec Call
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 03-C61
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants
TO BE PAID
07/21/03 PAGE FOUR
,if
SPECIAL CALL ITEMS Spec Call Items
Councilmember Chagnon addressed Item regarding Final Tract Map Number 52992 for Parkside Tract Map
1 11, stating that when this item was approved one condition was that the applicant was going Number 52992
give the City 3.22 acres of land, another condition was that the applicant would pay the Parkside II
Planning Division a thousand dollars per residential unit and also a provision for Recreation and
Parks to receive a sum of money for land. She noted that now that the tract map Is up for
consideration they are requesting that condition regarding the Parks, and Recreations as well as
planning requiring park-In-lieu fees, be waived since substantial compliance has bee made with
the 3.22 acre park dedication. She asked that Council reconsider this request and deny the
applicant's request due to the fact that when the item was approved the applicant was willing
to comply with the conditions. She asked that the map be approved, but that the request to
have conditions waived be denied.
Community Development Director Bruckner addressed Council detailing the Issue as It evolved; Staff
first noting that Planning Commission required the developer cut back the units from 34 to 26, Comments
and the Developer thought he could make it up by renegotiating with the land owner, the
Sanitation District, however he was not successful. He is now asking the City to waive the
park and lieu fees. City Manager Cole provided additional Information regarding other areas
the developer had to comply with from the City.
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and carried to Final Tract
approve Final Tract Map Number 52992 for Parkside 11, and to deny the request that any Map approved
conditions of approval for the project be waived. Councilmember Stanford and Councllmember No waiver on
Hardison dissenting. . Conditions
Councilmember Chagnon addressed item regarding the Reimbursement Agreement between
Chagnon
Legacy Homes for the cost of extraordinary legal services pertaining to the development of
Comments
Parkside II development, noting that corrections have been made Le. date has been changed
Rmbrsmt
and map has Included.
Agmt
Moved by Councilmember Hardison, seconded Councllmember Stanford and unanimously Rmbrsmt
carried to approve the Reimbursement Agreement pertaining to the reimbursement of Agmt Parkside
extraordinary legal fees Incurred by the development of Parkside 11. Approved
Mayor Pro -Tem Rocha addressed street sweeping services with Athens Disposal stating that in Rocha
the contract it states that during the fall months the street sweeping will be swept one a week; Comments
he noted a couple of alleys that have not been or are rarely swept, east of Pasadena that Street sweep
connect third street and Hollyvale and off that alley that run east and west, he asked that those
alleys get swept. The item was referred to Public Works for handling.
Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Street Sweep
carried to authorize a one year contract extension for street sweeping services with Athens Athens Disp
Disposal which includes a 2.9% rate Increase based on the Consumer Price Index. Approved
Councilmember Hardison addressed item regarding the purchase of seven new black and white
vehicles stating that he would like to remind staff to salvage any vehicle that could be used as a
pool vehicle instead of just auctioning it off.
Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Purchase 7
curled to approve the purchase of Ford Crown Victoria black and white police vehicles from Black Rwhltes
Pasadena Ford, In an amount not -to -exceed $166,740, based on a competitive bid process Approved
completed by the City of Los Angeles.
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:37 P.M. Convene CRA
THE CITY COUNCIL RECONVENED AT 9:38 P.M. Rcnv Cncl
THE CITY COUNCIL CONVENED JOINTLY WITH THE AZUSA PUBLIC FINANCING AUTHORITY Cnciconvened
AT 9:39 P.M. TO DISCUSS THE FOLLOWING ITEM: jntly APFA
Approval of Debt Financing Documentation Associated with the Proposed Financing through Debt Fin
Financing Authority of Resource Efficiency of California (FARECal) in Connection with City's Docs FARECal
Electric and Water System Capital Improvements Projects. Electric B. Wtr
Director of Utilities Hsu addressed the Hearing stating that there are three series of Bond for Dir of Utilities
consideration; Series A is for Refunding Water Bond, Series B is the Tax Exempt portion of the Comments
Azusa Substation which total cost is close to 10 million; Azusa's portion is 4 million, and there
Is a need to connect to Edison facilities and those finances have to be taxable which is Series C
is series. He then answered questions posed by Councilmembers.
07/21/03 PAGE FIVE
Councilmember Hardison offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNL46 (1) APPROVING
THE ISSUANCE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT OF
FARECAL AND THE EXECUTION OF TWO TRUST AGREEMENTS, (11) APPROVING AND
AUTHORIZING THE EXECUTION AND DELIVERY OF (A) INSTALLMENT SALEAGREEMENTS, (B)
CONTINUING DISCLOSURE AGREEMENTS, (C) AN ESCROW AGREEMENT, AND (D)
DOCUMENTS TO TERMINATE A RESERVE 17UND AGREEMENT AND REVISE A DEBT SERVICE
DEPOSIT AGREEMENT, AND (III) AUTHORIZING CERTAIN OTHER ACTIONS, ALL IN
CONNECTION WITH FARECAL'S CERTIFICATES OF PARTICIPATION TO FINANCE CERTAIN
IMPROVEMENTS TO THE CITY'S ELECTRIC UTILITY SYSTEM AND TO REFUND CERTAIN
OUTSTANDING INDEBTEDNESS RELATED T'O THE CITY'S WATER UTILITY SYSTEM.
Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Rocha to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Director Chagnon offered a Resolution entitled:
Res. 03-C62
Re: Debt
Financing
FARECal
Electric &
Water
A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY APPROVING THE EXECUTION Res. 03-P2
AND DELIVERY OF (1) AN ESCROW AGREEMENT AND (11) DOCUMENTS TO REVISE A RESERVE Certof
FUND AGREEMENT AND DEBT SERVICE DEPOSITION AGREEMENT, AND AUTHORIZING Participation
CERTAIN OTHER ACTIONS, ALL IN CONNECTION WITH FARECAL'S OUTSTANDING
INDEBTEDNESS RELATED TO AZUSA's WATER UTILITY SYSTEM.
Moved by Director Chagnon seconded by Director Stanford to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Authority:
AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC .FINANCING AUTHORITY Cnd recess
CONTINUED AT 9:45 P.M. APFA cont
THE CITY COUNCIL RECONVENED AT 9:46 P.M. Cnd rcvnd
It was consensus of Councilmembers to adjoum In memory of Maria Quintana and condolences Adjourn
to her son Henry Quintana.
TIME OF ADJOURNMENT: 9:46 P.M.
CITY CLERK
NEXT RESOLUTION NO. 2003-C63.
NEXT ORDINANCE NO. 2003-04.
07/21/03 PAGE SIX
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: NASSER ABBASZADEH, CITY ENGINEER
VIA: RICK COLE, CITY MANAGER //�
DATE: AUGUST 4, 2003
SUBJECT: PROJECT BID AWARD AND FUND TRANSFER - RECREATION BUILDING
IMPROVEMENTS PROJECT
RECOMMENDATION
It is recommended that the City Council award the Recreation Building Improvements Project
contract to Award Building Services in the amount of $138,417.00 and approve transfer of
$50,000 from the Recreation Building project to West Wing Improvements.
BACKGROUND
On July 15, 2003, the City Clerk's Office received the following bids for the subject project:
1. Award Building Services $138,417.00
2. Haven Group Inc. $188,000.00
3. Essex Construction Inc. $209,200.00
4. Carri Construction $223,972.00
Staff has examined the bid results and determined Award Building Services is the low, responsible
bidder.
This project will include the following improvements:
Interior Building Painting
Administration Office Carpet
T -bar Ceiling in Meeting Rooms
Gymnasium Restroom Renovations
Gymnasium Tack Strip Replacement
Gymnasium Brick Reconditioning &Seal Coat
Kitchen Remodel
Remodel of Dining Room Restrooms
Washing of building exterior bricks
Interior Wall Treatment/replacement of existing carpeting on the walls
Stage Storage Door replacement
Main Hallway Bathroom Remodel
One New Drinking Fountain
Re -finishing of Flagpole
And, Structural Roof Upgrades.
The project will not start until September 2003, once summer recreation activities have concluded
in the building. The contractor will work during the evening hours and Fridays to minimize impact
on staff and patrons.
Additional work will also be undertaken by City staff to improve the building and only the cost of
materials will be charged to the project balance in order to realize greater savings for this project.
FISCAL IMPACT
The project cost will be $138,417 from the following funding source
228-0000-662-7130-66603C,$375,000
Transfer of $50,000 to the West Wing Improvements project will leave $186,583 as
unencumbered reserve for possible change orders in the Recreation Building, additional staff -led
projects, potential air-conditioning system for the gymnasium, as well as a source of additional
funds for the Women's Club improvements in January 2004. Staff will bring appropriate
recommendations to the City Council at the conclusion of this project and once the Women's Club
project is advertised.
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: NASSER ABBASZADEH, CITY ENGINEER
VIA: RICK COLE, CITY MANAGER
DATE: AUGUST 4, 2003
SUBJECT: SAN GABRIEL CANYON ROAD BEAUTIFICATION -PROJECT COMPLETION NOTICE
RECOMMENDATION
It is recommended that the City Council approve the following for Gabriel Canyon Road
Beautification (SGCRB) project:
1. Notice of Completion for the final project cost of $1,438,068.38.
2. Total extra work in the amount of $148,921.38.
3. Transfer of funds from the Electric Division, project CIP account 84000A with account
number 3380000730-7145, in the amount of $65,722.60.
4. Use of budget balance in SGCRB project account in the amount of $102,895.70 (out of
the $108,750.00 available project balarre).
BACKGROUND
On January 21, 2003, the City Council awarded the San Gabriel Canyon Road Beautification
project to PIMA Corporation in the amount of $1,269,450.00.
The project, for the first time in such a large scale, is a showcase for native trees and plants in
Azusa. The beautification comprises of new landscaped raised median islands on San Gabriel
Canyon Road as well as Leo Nasser triangle and the remaining portion of the Canyon Park along
San Gabriel Canyon Road, plus one island on Sierra Madre Avenue.
As part of this project, the City's Electric Division also installed conduits and vault structures to
realize some savings in labor time and re -surfacing costs. Pavement Management Improvement
funds were also utilized to place an asphalt concrete overlay where the new islands were installed.
The project was completed on July 24, 2003, in accordance with plans and specifications, with
some modifications as detailed below. There is a 90 -day plant establishment period, which will
terminate on October 23, 2003. Before October 23, 2003, the contractor will replace all dead
plants, at his expense, at the direction of the Citj's Park Maintenance Division staff (A sum of
$3,000 is held over until the landscape maintenance period is over).
Extra Work
Extra work is divided into Project Addons and Change Orders.
A. Project Add-ons
1. Electrical Work
$65,722.60
The Electric Division instructed the contractor to install one additional 6' x 12' vault on Sierra
Madre west of San Gabriel, plus the associated conduits. The Electric Fund will pay for the extra
work through a transfer to the SGCRB project account.
2. Extra Concrete Work and Paving $49,850
To install new curb, gutter, and sidewalk on the east: side of San Gabriel Canyon road just to the
north of Azusa and San Gabriel Canyon Road (Old Dairy). This was part of the City's "NIZ
Beautification" efforts that was included as part of this project, after contract award.
Total add-ons $115,572.60
B. Change Orders
1. Install a Wheelchair Ramp and New DG Path $3,500
To improve foot circulation in the main island north, of Sierra Madre.
2. AC Patching
$1,495
When the street was ground down for the new overlay, in some areas bald spots were uncovered
and had to be treated with hot asphalt concrete.
3. Curbing $22,140
Additional 1,640 feet of curbingwas installed, when the main island was expanded to include a
greater area.
4. Sign Monument Electrical Feed $3,667
The future sign monument was relocated and an electrical feed had to be established for the
same.
S. Water Main Trenches
$5,730
Two water main trenches were necessary to provide irrigation for the islands.
N
6. Guard Rail Removal
$3,257
The existing flashing light and guard railing were no longer necessary. They were removed and
rockscape was placed instead.
7. Extra Rocks
$6,250
Additional 125 boulders were transported and placed in the islands.
8. Extra Backflow Devices, Conduits, and Pull Boxes $9,450
Due to the increased size of the main island, the irrigation system had to be expanded to cover
greater landscaping areas adequately.
FISCAL IMPACT
Project Expenses
Contract item expenses
Extra add-ons
Change orders
Total project expenses
Fund Sources
Project budget
Electric Fund transfer
Total
Total change orders
$55,488.78
$1,267,007.00
$ 115,572.60
$ 55,488.78
$1,438,068.38
$1,378,200,00 (including $108,750 balance after contract award)
$ 65,722.60
$1,443,922.60
The project has a net balance of 5,854.30, which may be programmed into FY03-04 CIP budget.
Attachment: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name City Clerk
Address 213 E. Foothill Blvd.
otalaya Azusa, CA 91702
Se
Zip
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Notice of
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Azusa (NAME).
3. The full address of the undersigned is 213 E Foothill Blvd Azusa. CA 91702
(NUMBER AND STREET, CITY, STATE, ZIP).
4. The nature of the title of the undersigned is
(E.G., owner in fee OR vendee under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the
work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD "none"):
Names Addresses
7. A work of improvement on the property hereinafter described was completed on July 24. 2003 (DATE).
8. The name of the original contractor, if any, for the work of improvement was Pima Cotooration
(NAME OF CONTRACTOR, OR IF NO CONTRACTOR FOR THE WORK OF IMPROVEMENT AS A WHOLE, INSERT THE
WORD "none"). [IF NOTICE COVERS COMPLETION OF CONTRACT FOR ONLY PART OF THE WORK OF IMPROVEMENT,
ADD: The kind of work done or material furnished was
(GIVE GENERAL STATEMENT, E.G., furnishing of concrete for sidewalks].
9. The property on which the work of improvement was completed is in the City of Azusa , County
of Los Angeles , State of California, and is described as follows: San Gabriel Avenue
Beautification Proiect
(set forth description of jobsite sufficient for identification, using legal description if possible).
10. The street address of the said property is qan Gabri al Aymip N rt -h of Siprra Madre Avpnne
(NUMBER AND STREET, OR, IF THERE IS NO OFFICIAL STREET ADDRESS, INSERT THE WORD "none".)
Dated: August 4 ZQ03
(SIGNATURE)
Cristina Cruz—Madrid, Mayor (TYPED NAME)
VERIFICATION
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated
therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Califomia, this _ day of 19 .
(SIGNATURE)
T 420 LEGAL (4.94)
CITY OF AZUSA BUDGET TRANSFER REQUEST
Department: Utilities Fiscal Year: 2003-2004
Requested by: David Ramirez
TRANSFER FROM:
Date: July 31, 2003
TRANSFER TO:
Verity Availability of Funds Before
Submitting Transfer Request
'Round to the highest $10
Account # Project # Balance Transfer
Account #
Project # Balance
Transfer
Before Amount *
Before
Amount
Transfer
Transfer
33-80-000-730-
66100C-7210
$1,378,200.00
$65,722.60
33-80-000-730-
84000A-7210
$127,181.00
$65,722.60
5960
i
7145
Total:
$65,722.60
Total:
$65,722.60
Reason for Transfer: Impact on other programs:
Electric Change Orders:
Addition of 6'x 12' electric vault, extend conduit and relocation of vaults due to existing
utilities.
NOTE: 1. Budget transfers require the approval of the Finance Director.
APPROVAL
FINANCE ONLY
Department Head: Date:
Processed By:
Date:
Finance Director: Date:
GL Batch:
GL Budget Ref:
JL Batch:
JL Budget Ref:
Revised 10/18/2001
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NASSER ABBAZADEH, CITY ENGINEER
VIA: RICK COLE, CITY MANAGER
DATE: AUGUST 4, 2003
SUBJECT: PROJECT BID AWARD AND FUND TRANSFER - WEST WING BUILDING
IMPROVEMENTS AND FURNITURE PROJECTS
RECOMMENDATION
It is recommended that the City Council:
1. Award the West Wing Building Improvements contract to Advantage Project Builders in the amount
of $68,410.00.
2. Award the West Wing Building Furniture contract to Yocum Business Furnishings for the in the
amount of $39,031.90.
3. Authorize a CIP budget transfer in the amount of $50,000 from the Recreation Building
Improvement project to the West Wing Improvement Project. ,
BACKGROUND
On July 15, 2003, the City Clerk's Office received the following bids for the West Wing Building
Improvements and Furniture:
A. West Wing Improvements
1. Advantage Project Builders $68,410.00
2. Unique Performance Construction $79,979.00
3. Card Construction $99,504.50
B. West Wing Furniture
1. Yocum Business Furnishings $39,031.90
[NOTE: The Yocum bid also included a line item in the amount of $15,483 for a new counter that
was not picked up as part of their contract. The counter construction and installation is included
in the Advantage bid.]
1
I
Staff has examined the bids and determined that Advantage and Yocum are the low, responsible
bidders.
It can be noted that the total of the bids for the West: Wing improvements is $107,441.90, which
exceeds the budgeted amount of $90,000. However, the bids for the Recreation Building Improvement
Project were very favorable, and significant savings in the amount of $236,583 are realized as a result.
It is proposed that $50,000 of this savings be transferred to the West Wing Improvement project, which
will provide for additional carpet replacement, as well as contingency. With the proposed transfer of
funds, the new budget for this project will be $140,000.
Remodeling Proiect
As Council may recall, the goals of this remodeling project are as follows:
1. To make the counter more customer -friendly by creating a better relationship between the
workstations and the counter.
2. To provide updated workstations for staff that are ergonomically designed, and provide
improved work and file storage area.
3. Provide better utilization of space to accommodate future growth and more meeting
space.
Community Development Staff was involved in the layout of the Floor plan, providing comments
concerning the orientation of the permit counter, and location of workstations, printers, cash register,
and other office equipment commonly used at the counter. Input was also sought concerning
workstation type, color, and ergonomic chairs.
The construction work will be conducted primarily Tuesday - Saturday, with most of the intense work
scheduled for Fridays and Saturdays to minimize inconvenience to the public and Staff. Full service to
the public will continue throughout the 35 -day construction period. A temporary public counter will be
utilized in the vicinity of the existing public counter. Notices to the public concerning the impending
construction will be posted well in advance of project commencement.
FISCAL IMPACT
This remodeling project was funded in the FY02-03 CIP budget, and was rolled over into the new fiscal
year. With project awards as outlined above, $107,441.90 will be obligated, while the unencumbered
reserve of $32,558.10 may be used for additional carpet replacement and unforeseen change orders, if
necessary.
2
Department: Public Works
Requested by: Bill Nakasone
TRANSFER FROM:
Account # Project #
228000066671130 ,
lil l 1 Vr /1LVJM 17VVVG 1 I r'M1VJr Cr\ RG4tYGJ 1
Fiscal Year: 2003-2004
Date: 7/31/03
TRANSFER TO:
Balance
Before Transfer
Transfer Amount'
$3505000 $50,000.00
Total:
$50,000.00
Account #
228000061171
Verify Availability of Funds Before �1
Submitting Transfer Request
*Round to the highest $10
Balance
Before Transfer
Project # Transfer Amount
61102A $90;000 $50,000.00
Total:
$50,000.01
Reason For Transfer: Impact on other programs:
Supply improvements needed to the West Wing of City Hall
office furniture, equipment, counters... NONE - NO IMPACT
NOTE: 1. a dgel transfers requim Ire appvval gi Ne nnanm Dim ..
APPROVAL FINANCE ONLY
Department Head: (J.lu.. tlfti— Date:i-SI-2J, 5 Processed By: Date:
Finance Director: Date: GL Batch: GL Budget Ref:
JL Batch: JL Budget Ref:
Revised 1011812001
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT
VIA: RICK COLE, CITY MANAGER /- 6/
DATE: AUGUST 4. 2003
SUBJECT: APPROVAL OF A JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE
GOLD LINE PHASE 11 CONSTRUCTION AUTHORITY, AND AUTHORIZATION TO
APPROVE AN IMPLEMENTING MEMORANDUM OF UNDERSTANDING.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution which: (1) approves the JPA
Agreement, (2) authorizes the City Manager to approve any subsequent non -substantive language
changes to the Agreement, and (3) authorizes the City Manager to execute a Memorandum of
Understanding to implement the Agreement, clarifying the work relationship between the new JPA
and the Blue Line Construction Authority.
BACKGROUND
The Blue Line Construction Authority has just completed the light rail line from Los Angeles to
Pasadena on time and on budget. The Authority has a five -member board, which includes
representatives from Los Angeles, the MTA, South Pasadena, Pasadena and one seat representing
the other San Gabriel Valley cities.
The Phase 11 extension of this line (now renamed the Gold Line by MTA) would run from Pasadena
through Azusa, to Claremont, bisecting ten cities east of Pasadena. The Phase 11 "corridor cities"
include Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona and
Claremont. These cities have been working for nearly a year on a plan for their direct participation in
the planning, design and construction of the Phase II extension, through the Gold Line Phase II
Steering Committee of the SGVCOG, which is now chaired by Councilmember Dick Stanford. In order
to accommodate this direct participation, all ten cities desire a seat on the Blue Line Construction
Authority Board, a position unanimously endorsed earlier this month by our Council.
Adding membership to the Board is no easy task, however, due to the Blue Line Construction
Authority having been established by the State Legislature. Consequently, any changes to the Board
makeup would have to also be made by the Legislature.
In the interest of time, the corridor cities have been working on creating a separate Joint Powers
Authority (JPA) that would become the entity enabling the cities to directly participate in the work on
Phase II with the Blue Line Construction Authority. A. Memorandum of Understanding would be
adopted at a later time, establishing the working relationship between the JPA and the Blue Line
Construction Authority.
Initially, the Blue Line Construction Authority Board did not support the JPA. However, the City of
Pasadena's representative on the Board, assisted by the Pasadena City Council's official position in
support of the corridor cities' bid for direct participation, became the swing vote that ultimately
resulted in approval of the JPA by the Blue Line Construction Authority Board.
HIGHLIGHTS OF THE JOINT EXERCISE OF POWERS AGREEMENT
The attached Joint Exercise of Powers Agreement would establish a new Joint Powers Authority
QPA), entitled the Gold Line Phase 11 Construction Authority. Highlights of the Agreement are as
follows:
1. A Board of 15 members would be created, comprised of five Blue Line Construction
Authority members from Phase I (Los Angeles, Pasadena, South Pasadena, MTA and
SGVCOG), and the ten Gold Line Phase 11 cities (Arcadia, Azusa, Claremont, Duarte,
Glendora, Irwindale, Laverne, Monrovia, Pomona, San Dimas).
2. The new Authority shall be given all appropriate authority and responsibility for the
planning, design and construction of the Gold Line Phase 11 that can be delegated to or
assumed by it under existing law.
3. Provision has been made for the termination of the Authority in the event that all of the
Members subsequently decide that an alternate governance structure would better
support the Gold Line Phase 11.
4. The new Authority will have no rights or responsibilities regarding Phase 1 of the Gold
Line.
5. The JPA allows the CEO and the CFO of the Blue Line Construction Authority to
transition to similar positions within the Gold Line Phase II Construction Authority,
subject to the approvals of the Governing Board of the Authority and the Board of the
Blue Line Construction Authority.
G. The JPA assumes an effective date of September 8, 2003 or the first date thereafter
when eight or more of the possible Members have obtained approval from their
legislative bodies to join.
7. Members of the JPA would share in paying dues, which initially are $31,445 per
member. However, LACMTA, South Pasadena and Los Angeles would be excluded
from any dues or financial responsibility for the Authority along with the SGVCOG. This
accommodation was made to these entities in response to their willingness to direct
the Blue Line Construction Authority to forgo any further efforts to obtain additional
state or federal funds for Phase I in competition with our efforts to obtain funding for
2
A
Phase ll. The Phase 1 cities may still pursue funding on their own for Phase I
betterments in their respective communities, however. Cities desiring more than one
station would pay higher dues.
In order to have direct involvement in the planning, design, and construction of the Phase 11 Gold Line
Light Rail Transit extension, it is imperative that Azusa joins the other corridor cities in approving the
JPA.
FISCAL IMPACT
The City will incur initial dues of $31,445 for the first year. Thereafter, the rate will be set by the new
JPA, with increased dues for those cities that desire more than one train station. It is anticipated that
Proposition A and C fund balances will be used to pay for the dues pending verification of their eligibility
by MTA.
7
IOINT COUNCIL AGENCY ITEM
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD
FROM: MICHAEL HENNESSEY, ECONOMIC DEVAEDEVELOPMENT DIRECTOR
JOSE AMADOR, ECONOMIC DEV./REDEVELOPMENT ASSISTANT DIRECTOR
VIA- RICK COLE, EXECUTIVE DIRECTOR IC4e
DATE: AUGUST 4, 2003
SUBJECT: ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA, THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA, THE CITY OF IRWINDALE, THE IRWINDALE REDEVELOPMENT AGENCY, AND
JAR-KINCAID, LLC FOR THE DEVELOPMENT OF THE KINCAID PIT.
RECOMMENDATION
It is recommended that the City of Azusa City Council and the Board of the Redevelopment
Agency of the City of Azusa (Agency) adopt a resolution approving a Memorandum of
Understanding between the City of Azusa, the Redevelopment Agency of the City of Azusa, the
City of Irwindale, the Irwindale Redevelopment Agency, and JAR -Kincaid, LLC for the development
of the Kincaid Pit, and authorize the Executive Director of the Agency to execute the Memorandum
of Understanding.
BACKGROUND
For the past three months the City of Azusa (Azusa) and the City of Irwindale (Irwindale) have met
with JAR- Kincaid, LLC to discuss development of the Kincaid Pit. The Kincaid Pit is located within
the boundaries of Azusa and Irwindale, just west and south of Price Costco, and is bisected by the
210 Foothill Freeway, which divides the site into a North and South Pit. JAR -Kincaid, LLC Is
proposing to construct a retail center on the North Pit and use the South Pit for a drainage
retention basin.
The parties have met and discussed a conceptional development plan, impacts to each City arising
from the development, revenue sharing of any property tax increment, sales tax that will be
generated by the project, and financial assistance. The result of these discussions is the attached
Memorandum of Understanding, which will guide future negotiations.
The salient points of the MOU include
• The project will consist of a retail center of approximately 200,000 square feet.
• Developer anticipates financial assistance, which is subject to negotiations.
HONORABLE CHAIRMAN &MEMBERS OF THE AGENCY BOARD
August 4, 2003 -
MOU for pncaid Pit
Page 2 of 2
• Azusa and Irwindale will process entitlements and cooperate to eliminate duplicate
submittals.
• Azusa, with cooperation from Irwindale, will be principally responsible for processing
environmental reviews.
• Schedule of Performance:
1. Commence filling the North Pit by June 1, 2004
2. Commence construction of above -grade improvements by January 1, 2005
3. Open the project by December 1, 2005.
• Both cities intend to share sales tax revenues regardless of generating source.
• Azusa will accept the lead in the design, processing, and approval of the drainage retention
basin. The developer will indemnify both cities for any and all liability associated with the
development and operation of the retention basin.
• Billboards will remain on-site and will be elevated in their existing location.
• The developer shall prepare studies, reports, required submittals, and analysis to determine
the projects feasibility.
FISCAL IMPACT
The fiscal impact for this action includes the cost of staff time and minimal legal counsel fees,
which will be paid via the West End Projects miscellaneous budget. A budget amendment will be
prepared to cover expenses for this project.
EXHIBITS
A Resolution
B Memorandum of Understanding
1�
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY OF AZUSA AND THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
AZUSA, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
THE CITY OF IRWINDALE, THE IRWINDALE REDEVELOPMENT
AGENCY AND JAR-KINCAH), LLC. REGARDING DEVELOPMENT OF
CERTAIN REAL PROPERTY KNOWN AS THE KINCAID PIT
WHEREAS, the unimproved real property known as the Kincaid pit (the "Property") is
located with the boundaries of the cities of Azusa and Irwindale and was formerly a mining
operation; and
WHEREAS, Jar -Kincaid, LLC, a California limited liability company, is currently in
escrow to purchase a portion of the Property from Vulcan Materials Corp for the purpose of
developing such portion of the Property into a commercial retail center; and
WHEREAS, the cities of Azusa and Irwindale each have jurisdiction over development
of any portion of the Property within their respective boundaries;
WHEREAS, the cities of Azusa and Irwindale believe that the development of the
Property is best accomplished through a cooperative agreement between the two cities and Jar -
Kincaid, LLC; and
WHEREAS, to establish such a cooperative agreement, the City of Azusa (the "City"),
the Redevelopment Agency of the City of Azusa (the "Agency"), the City of Irwindale, the
Irwindale Redevelopment Agency and Jar -Kincaid, LLC wish to enter into a Memorandum of
Understanding ("MOU") in the form attached as Exhibit "A" hereto and incorporated herein by
reference; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City and
the Agency have determined that the approval of the MOU is exempt from any further review under
CEQA, State CEQA Guidelines and the City's and Agency's Local CEQA Guidelines pursuant to
California Public Resources Code Section 15061(b)(3) because City and Agency staff have
determined that there is no possibility that such acquisition will have a significant effect on the
environment; and
WHEREAS, pursuant to the foregoing, City staff and Agency staff have determined that a
Notice of Exemption for the conveyance of the Property should be filed pursuant to Section 15062
of CEQA, State CEQA Guidelines and the City's and Agency's Local CEQA Guidelines.
Exhibit A
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA AND THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DO FIND AND DECLARE THAT:
SECTION 1. The City and the Agency hereby approve the MOU in the form attached
hereto as Exhibit "A" and incorporated herein by reference.
SECTION 2. The City and the Agency hereby authorize the City Manager (with the
concurrence of the City Attorney) and the Agency's Executive Director (with the concurrence of
Agency Counsel) to execute and deliver on behalf of the City and the Agency the MOU and such
other documents and instruments as may be necessary or convenient in the fintherance of the
actions authorized by this Resolution.
SECTION 3. City staff is hereby directed to file a Notice of Exemption, pursuant to CEQA,
with the Los Angeles County Clerk's Office within five (5) days from the adoption of this
Resolution.
SECTION 4. City Staff and Agency Staff are: hereby directed to do all that is necessary to
effectuate the intent of the Agreement and consummate the purchase of the Property.
SECTION 5. The City Clerk and the Agency Secretary shall certify the adoption of this
Resolution.
SECTION 6. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED THIS
.2003.
Cristina Cruz Madrid
Mayor
ATTEST
Vera Mendoza
City Clerk
DAY OF
Chairman
Redevelopment Agency of the City of Azusa
Secretary
Redevelopment Agency of the City of Azusa
Exhibit A
VN
f
CERTIFICATION
I, Vera Mendoza, City Clerk of the City of Azusa, and 'Secretary of the
Redevelopment Agency of the City of Azusa, do hereby certify that the foregoing joint Resolution
No. was duly adopted by the City Council of the City of Azusa and the Redevelopment
Agency of the City of Azusa. at a regular meeting thereof, held on the day of
, 2003 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCH MEMBERS:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
Vera Mendoza Secretary
City Clerk Redevelopment Agency of the City of Azusa
Exhibit A
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
[ATTACHED ON FOLLOWING PAGE]
Exhibit A
MEMORANDUM OF UNDERSTANDING
FOR DEVELOPMENT OF KINCAID PIT
This MEMORANDUM OF UNDERSTANDING ("Agreement") is made this 23rd day
of July, 2003, by and between the CITY OF IRWINDALE, a California municipal corporation
and IRWINDALE REDEVELOPMENT AGENCY, a public body, corporate and politic
(collectively "Irwindale"), CITY OF AZUSA, a California municipal corporation and AZUSA
REDEVELOPMENT AGENCY, a public body, corporate and politic (collectively "Azusa") and
JAR-KINCAID, LLC, a California limited liability company ("Developer").
RECITALS
The parties enter into this Agreement on the basis of the following facts, understandings, and
intentions.
A. The Kincaid Pit (i) is unimproved real property located within the boundaries of
both the Cities of Irwindale and Azusa, (ii) is bisected by the 210 Freeway and divided into the
North Pit and the South Pit, (iii) is depicted on Exhibit "A" attached hereto and incorporated
herein ("Site"), and (iv) was formerly a mining operation. Developer, a duly formed and
existing California limited liability company, is in escrow for the purchase from Vulcan
Materials Corp. of the northerly portion of the Kincaid Pit, i.e., the "North Pit".
B. The South Pit is owned by Van Wagner Outdoor ("Van Wagner"). The North
Pit is improved with 2 billboard sign locations, with two (2) faces on each. Concurrently with
the acquisition of the North Pit, Developer intends to grant Van Wagner the right to use such
sign locations in exchange for, among other things, (i) money, (ii) the right to export
approximately 300,000 cubic yards of soil from the South Pit to fill the North Pit, and (iii) the
right to construct, operate and use a retention basin on the South Pit to serve the development of
the North Pit, subject to Developer complying with applicable laws.
C. Developer has represented to Irwindale and Azusa that it wishes to develop the
Site, has access to adequate financial resources, is experienced in the development of retail
centers such as the project planned for the Site, and has had preliminary discussions with tenants
who might occupy the Site.
D. The Cities of Irwindale and Azusa each have jurisdiction over permitting of any
development over that portion of the Site within their respective boundaries, and believe that the
development of the Site is best accomplished through a cooperate agreement between the two
cities and Developer to assure a consistent and efficient development and approval process.
E. The Site is located within the Industrial Redevelopment Project Area of Irwindale,
and the West End Redevelopment Project Area of Azusa and redevelopment of the Site
effectuates the redevelopment plans of Irwindale and Azusa with regard to the aforementioned
W :AGM TS\Kinca idP it-CilyM OU.doc
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project areas. Irwindale and Azusa are willing to consider pledging back the tax increment, or a
portion thereof, generated by the Project subject to verification as outlined in 2.03 (b) below, to
alleviate the blight caused by the existence of the North Pit by filling it.
F. Irwindale and Azusa each have the right to condemn all or any interest in the
South Pit and will consider Resolutions of Necessity if requested to do so by Developer.
G. Developer anticipates that the filling operation required to rehabilitate the Site
from the condition left by the effects of mining require significant investment. The fill operation
is scheduled to take approximately 1 % years after the full execution of this Agreement to
complete and Developer anticipates significant funds will be required to place engineered fill at
the Site. In light of these obstacles to converting the Site to a useable condition, Developer seeks
financial assistance from Irwindale and Azusa for the purpose of assisting Developer's fill
operation and development of an appropriate storm drain system.
H. The parties have met to negotiate the terms of the development of the Site and
wish to set forth their respective understandings regarding the process for obtaining necessary
approvals for such development, the anticipated financial assistance required by the Developer
for filling operations, cost and impacts anticipated to be bome by each party and revenue sharing
of any property tax increment and sales tax generated from the Site.
I. The parties desire, for the period set forth herein, to continue negotiating
diligently and in good faith to prepare any agreement as may be necessary or desirable to
accomplish development of the Site as a major regional retail center.
AGREEMENT
NOW, THEREFORE, incorporating and in consideration of the mutual covenants contained
herein, parties mutually agree to the following:
SECTION 1. NATURE OF NEGOTIATIONS.
1.01 Good Faith. Irwindale, Azusa and Developer agree that, for the period set forth in
Section 4.01 herein ("Negotiation Period"), they will negotiate diligently and in good faith to
prepare and enter into any agreement necessary or desirable ("Development Instruments") to
allow for the development of the site ("Project") consistent with the provisions of this
Agreement. The development will be subject to all rules, regulations, standards, and criteria set
forth in the respective Redevelopment Plans of Irwindale and Azusa, the Cities' General Plans,
applicable specific plans and zoning regulations, and this Agreement. The Development
Instruments will generally be in the form negotiated by Irwindale and Azusa with other
development entities, and subject to the terms Irwindale, Azusa and Developer mutually agree
upon.
1.02 Purpose of Agreement. It is expressly understood and agreed by the parties that this
is an Agreement to conduct contract negotiations only and does not convey any interest in the
Site whatsoever. It is further agreed and understood that this Project must go through a land use
1005/001/24466 v6
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entitlement process in each City and will be subject to noticed public hearings. Nothing herein
shall imply any prejudgment concerning this Project nor does this Agreement imply any
obligation on the part of any party to enter into any agreement that may result from the
negotiations contemplated herein.
SECTION 2. SITE FINANCING AND USES.
2.01 Site Description. The Project shall be located upon all or a portion of the real
property designated as the Site, as shown on the "Site Map," attached hereto as Exhibit "A".
The Site is divided into two parcels, herein designated as the "North Pit" and the "South Pit".
Portions of these parcels are in two jurisdictions, Azusa and Irwindale. It is anticipated that the
Project will be developed in phases. The Developer is in escrow to purchase the North Pit,
which is anticipated to close by August 31, 2003.
2.02 Nature of Project and Ownership.
(a) Pursuant to the Development Instruments, the Developer must acquire a fee
interest in the North Pit and the right to construct, operate and use a retention basin on the
South Pit. The design of the Project shall be consistent with the design guidelines of
Irwindale or Azusa, which are based on a similar design theme - Spanish Mission design
- as may be agreed by the parties in the Development Instruments. Developer shall also
obtain architectural review and other approvals for the Project from both Irwindale and
Azusa for the portions of the Project that fall within the boundaries of the respective
Cities. The Developer is solely responsible for obtaining all approvals and entitlements
for the Project, arranging the financing for the Project, and constructing all improvements
upon the Site.
(b) The Project shall be a retail center of approximately 200,000 square feet.
Developer shall endeavor to maximize the sales tax revenue generated by the Site by
soliciting tenants that produce significant amounts of sales tax revenue, such as the
following: electronics, home improvement, general merchandise, food, clothing, sporting
goods, etc. It is anticipated that the construction cost of preparing the Site for
development, i.e., filling in the hole and constructing the retention basin and related
drainage improvements, will exceed $8,000,000.
2.03 Financial Provisions. The parties agree to the following:
(a) Developer shall be responsible for financing and constructing all improvements.
Developer shall pay for all necessary public improvements and pay all of Irwindale's and
Azusa's customary fees to process the Project, as will be described in the Development
Instruments. Developer shall be responsible for all acquisition costs, soils importation
and remediation costs, site development and other costs.
(b) Developer has prepared a financial proforma which contemplates financial
1005/001/24466 v5
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assistance for the Project provided by the redevelopment agencies of Irwindale and Azusa
to Developer primarily in connection with preparing the Site for development by filling
in the hole and constructing the retention basin. The parties will negotiate the provision
of financial assistance, if any, to Developer through the Development Instruments as the
Developer further refines the scope of the Project. Developer acknowledges that it may
be required to pay prevailing wages for construction of a portion of the public
infrastructure and or re -grading portions of the Project in the event Developer receives
financial assistance from the redevelopment agencies of Irwindale or Azusa.
(c) Nothing in this agreement shall be construed to be contrary to the provisions of
Health & Safety Code Section 33426.5, which states:
"Notwithstanding the provisions of Sections 33391, 33430, 33433, and 33445, or
any other provision of this part, an agency shall not provide any form of direct assistance
to:
(b) (1) A development that will be or is on a parcel of land of five acres or more
which has not previously been developed for urban use and that will, when
developed, generate sales or use tax pursuant to Part 1.5 (commencing with
Section 7200) of Division 2 of the Revenue and Taxation Code, unless the
principal permitted use of the development is office, hotel, manufacturing, or
industrial, or unless, prior to the effective date of the act that adds this section, the
agency either owns the land or has entered into an enforceable agreement, for the
purchase of the land or of an interest in the land, including, but not limited to, a
lease or an agreement containing covenants affecting real property, that requires
the land to be developed.
(2) For the purposes of this subdivision, a parcel shall include land on an adjacent
or nearby parcel on which a use exists that is necessary for the legal development
of the parcel.
(e) This section shall not be construed to apply to agency assistance in the
construction of public improvements that serve all or a portion of a project area
and that are not required to be constructed as a condition of approval of a
development described in subdivision (a), (b), or (c), or to prohibit assistance in
the construction of public improvements that are being constructed for a
development that is not described in subdivision (a), (b), or (c)."
2.04 Use, Transfer, and Maintenance Restrictions. The Development Instruments will
generally be subject to restrictions on (a) transfer during construction, and (b) use for a specified
period thereafter (i) to assure that the use will be consistent with and promote the Redevelopment
Plans of the redevelopment agencies of Irwindale and Azusa, (ii) to protect the character of the
Project and to provide an adequate long-term financial return, (iii) to prevent speculation prior to
completion, and (iv) to assure that any transferee has the resources, capability, and experience to
successfully develop the Project. In addition, restrictions shall be recorded to assure proper
maintenance of landscaping and improvements.
1005100in446e v5
SECTION 3. DEVELOPMENT OF PROJECT.
3.01 Soils. Developer shall be solely responsible for investigating the Site and
remediating any contaminated or hazardous soil condition thereon completely and as necessary
to develop the Project. Developer shall be responsible for filling the North Pit and preparing it
so it is suitable for development. Developer shall further secure any geological or geotechnical
engineering report as may be necessary or advisable to assure that the Project is geotechnically
feasible, and any recommendation contained in the report shall be incorporated into the final
design and construction phase of the Project.
3.02 Permitting Process. Irwindale and Azusa will process those Project entitlements
required for the portions of the Site located within their boundaries, respectively. To the extent
permitted by law, the parties will cooperate to process the Project without requiring duplicate
submittals by Developer for each jurisdiction. Such cooperation may include, but is not limited
to, holding joint public hearings by Irwindale and Azusa to consider Project entitlements. Azusa
will be principally responsible for processing the environmental reviews necessary for the
Project. As permitted under CEQA, Irwindale will cooperate with Azusa in the preparation of
any environmental document required for the Project and utilize such documents for its
consideration in adopting mitigation measures and issuing necessary entitlements for the Project.
3.03 Traffic Impacts. The Cities of Irwindale and Azusa shall retain one traffic
engineering consultant, and Developer shall reimburse Cities, to perform a complete traffic study
("Traffic Study"), to analyze the potential impacts the Project may have on traffic circulation on
the area roadways. The traffic engineering consultant shall be selected by the Cities from a list
of qualified firms provided by Developer, and the form of the consultant's contract shall be
subject to Developer's approval. This traffic analysis may be accomplished either separately, or
as part of the CEQA process. Developer shall incorporate, with the cooperation of Irwindale and
Azusa, mitigation measures, as recommended by the Traffic Study, to assure traffic impacts at
the Site are mitigated to an acceptable level, as reasonably determined by the respective City
Engineer of Azusa or Irwindale, concerning the impact in his/her respective city, and the area
roadways will continue to operate at acceptable levels.
3.04 Schedule of Performance. The goal will be to (a) commence filling the North Pit by
June 1, 2004, (b) commence construction of the above -grade improvements (e.g., buildings) by
January 1, 2005, and (c) open the Project by December 1, 2005, with an understanding that the
opening of the Project may be phased. The Development Instruments shall contain a more
detailed Schedule of Performance.
3.05 Sales Tax Sharing Agreement. Irwindale and Azusa intend to share sales tax
revenues, if any, produced from the Project, regardless of where the sales tax generating sources
are located on the Site. The sharing of sales tax revenue shall be based on a number of factors,
including: (i) the disproportionate, unavoidable traffic impacts upon Irwindale roadways to and
from access points to the Site; (ii) the loss of utility tax revenues to Irwindale from the proposed
provision of utility services to the Site by Azusa Light & Water, a municipal utility owned and
operated by Azusa, (iii) assumption of liability relating to the Basin by Azusa, (iv) the utility tax
revenue anticipated by Azusa from the Project, (v) the receipt of extraction takes by Azusa or
(005/001124466 v6
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Irwindale for fill used in the Project, and (vi) other relevant factors. If, through any
administrative proceeding or change in state law, or for any other reason, the determination of
sales tax is altered in a manner affecting the return of sales taxes to the jurisdictions
disproportionately, Irwindale and Azusa shall develop, and Developer shall cooperate with, but
not contribute financially to, any necessary procedures to adjust the financial return to each so
that each is receiving a return equivalent to the agreed-upon sharing of sales tax. The Cities'
inability to reach agreement on the allocation of such revenue shall not delay the Project.
3.06 Drainage Retention Basin. As permitted by law, Irwindale shall transfer to Azusa
and Azusa shall accept lead agency status over the design, processing, and approval of a drainage
retention basin ("Basin") for the Site. The Basin shall be located on the South Pit, i.e., the
portion of the Site located south of the 210 Freeway. Irwindale shall have no responsibility for
the design, acceptance, construction, operation or maintenance of the Basin in any manner.
Developer shall obtain and maintain a comprehensive general liability insurance policy in form
and content reasonably approved by Irwindale and Azusa, which names each City as additional
insureds, with respect to the risks posed by the development, operation and existence of the
Basin. Developer, for itself and its successors and assigns, shall release Irwindale and Azusa
from any liability relating to the Basin. Developer shall be solely responsible, with cooperation
from Irwindale and Azusa, for securing the following approvals for development of the Basin:
(a) Caltrans Permit. Developer shall secure all necessary approvals from Caltrans
to secure the right of way and construct a drainage conduit and conveyor system to
transport fill material under the 210 Freeway, which shall connect the retail center portion
of the Project north of the freeway to the Basin south of the freeway.
(b) Department of Conservation Waiver. Irwindale, shall endeavor to secure a
waiver from the Department of Conservation from the provisions of the Surface Mining
and Reclamation Act (Pub. Res. Code §§ 2710, et seq., "SMARA") for the grading work
to construct the Basin and Project. Developer shall remain solely responsible for
complying with SMARA.
3.07 Billboards. The parties acknowledge that the North Pit presently contains 2 outdoor
advertising structures ("Billboard") leased to third parties. One Billboard is within the City of
Irwindale, pursuant to Irwindale Conditional Use Permit 94 -3 -CUP ("Irwindale CUP"). One
Billboard is within the City of Azusa, pursuant to Azusa Conditional Use Permit C-98-4 ("Azusa
CUP") (the Irwindale CUP and Azusa CUP are jointly "CUPS"). Developer has requested that
such Billboards remain on the Site as part of the Project using the existing Billboard structures
and allowing Billboard faces to be elevated commensurately in their existing locations to
accommodate the increased height of the Project. Developer has represented that the revenue
from the lease or sale of such Billboards and the other benefits provided by Van Wagner with
respect to the South Pit (e g., the right to withdraw fill from it and to use it for the Basin), are
crucial to the financial viability of the Project and limiting the financial assistance required from
Irwindale and Azusa for development of the Project, and, absent those benefits, additional
assistance will be required.
1005/001/24466 v5
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The City of Irwindale confirms that the Billboard conditions for approval have been
fulfilled, that the Irwindale CUP runs with the land (and may only be revised, modified,
terminated or extended by a noticed, public hearing), and that the existing Billboard structure
may be utilized during the process of entitling and constructing the Project. Irwindale anticipates
approving the Developer's request to modify the Irwindale CUP to allow the existing Billboard
to be raised in its current location in connection with the development of the Project.
The City of Azusa confirms that the Billboard conditions for approval have been fulfilled,
that the Azusa CUP runs with the land (and may only be revised, modified, terminated or
extended by a noticed, public hearing), and that the existing Billboard structure may be utilized
during the process of entitling and grading the Project. Azusa anticipates approving the
Developer's request to modify the Azusa CUP to allow the existing Billboard to be raised in its
current location in connection with the development of the Project. The City of Azusa will
approve the Assignment of the Agreement to Secure Conditions of Approval between the City of
Azusa and Calmat Properties Co. and Eller Media Co. dated the 19th day of October 1998 to the
Developer.
SECTION 4. OF NEGOTIATIONS
4.01 Period of Exclusive Negotiation. The period of negotiation shall be one (1) year
from the date this Agreement is signed by the parties, except as otherwise provided herein (the
"Term").
4.02 Early Termination. Within one hundred and eighty (180) days from the date hereof,
the parties shall meet and review the status of performance under this Agreement ("Review
Meeting"). Within such period, Developer should have done the following:
(a) Prepared a financial proforma for the construction of the Project which identifies
the total number of square feet for the Project and estimates the cost per square foot for
the construction thereof.
(b) Prepared a "Site Plan" specifying tenants contacted and those from whom
commitments have been or will be obtained, as well as the minimum square footage per
tenant. The Site Plan shall also describe the other pads to be constructed on the Site and
specify the various uses of each pad.
4.03 If any of the parties determine that the Project is not economically feasible, or if
Irwindale or Azusa find Developer's progress with respect to the matters set forth in this Section
4 unsatisfactory in its reasonable discretion, then such party may terminate this Agreement by
delivering written notice thereof to the other parties.
SECTION 5. EXTENSION OF TIME. This Agreement may be extended as follows:
5.01 For sixty (60) days if, within the Term, the Development Instruments have been
prepared and executed by the Developer and have been submitted to Irwindale and Azusa but
have not yet been approved by Irwindale's or Azusa's respective governing boards; or
1005/001/24466 v5
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5.02 For thirty (30) days if, within the Term, the parties have agreed on the major business
terms and the City Managers and Executive Directors of Irwindale and Azusa reasonably
determine that further negotiations are likely to result in approval of Development Instruments;
or
5.03 By mutual agreement of the parties, as evidenced in writing.
5.04 Irwindale and Azusa Approval. Developer understands and acknowledges that if
negotiations culminate in Development Instruments, such Development Instruments shall be
effective only after and if the agreements have been considered and approved by the respective
governing boards of Irwindale and Azusa after public hearings thereon as required by law.
SECTION 6. DEVELOPER'S RESPONSIBILITIES.
6.01 During the. period of negotiation, Developer will prepare such studies, reports, and
analysis as shall be necessary to permit Developer to determine the feasibility of the Project.
During the period of negotiation, and as requested by Irwindale or Azusa, the Developer shall
submit to Irwindale and Azusa the following:
(a) Full disclosure of Developer's principals, partners, joint venturers, negotiators,
consultants, professional employees, or other associates of the Developer who are
participants or principals of the Project, and all other relevant information concerning the
above.
(b) When appropriate, statement of financial condition in sufficient detail to
demonstrate Developer's financial capabilities, those of its principals, partners, joint
ventures, and those of its prospective developers to satisfy the commitments necessitated
by the Project, including all information necessary to demonstrate the availability of
construction and permanent financing. To the extent Developer wants such financial
statements to remain confidential; they shall be supplied to and maintained by Azusa and
Irwindale in confidence to the extent permitted by law.
(c) All information necessary for the design of the Project to meet Irwindale's and
Azusa's reasonable requirements. This information shall be sufficient to allow Irwindale
and Azusa to evaluate site configuration, architectural design and similar issues.
(d) All Information necessary to show tenant availability and interest, the nature of
the proposed tenants, and the financial strength and resources of the tenants (to the extent
available). To the extent Developer wants such information to remain confidential, they
shall be supplied to the Irwindale and Azusa only if confidentiality can be maintained.
(e) All information necessary to conduct the Review Meeting required under Section
4.02 hereof.
6.02 During the period of negotiations, no public statements will be made by the
Developer, Irwindale or Azusa to the media without the approval of all parties to this Agreement,
1005100 [24466 vs
8
or as may be required by law. No prepared statements shall be released to the media without the
consent of all parties to this Agreement.
SECTION 7. IRWINDALE'S AND AZUSA'S RESPONSIBILITIES.
7.01 Extraction Tax. Developer has represented to Irwindale that it does not intend to
extract any material from the portion of the Site located within Irwindale. The Parties recognize
that the City of Azusa levies an extraction tax on the source of the mined material if it has
economic value. Overburden, when it becomes fill material, has an economic value, which
would be subject to the tax. To the extent that the Developer will realize an economic gain from
the waiver of any excavation tax, the total value of the extraction taxes Azusa would have
received shall be credited to Azusa's financial participation in the project.
7.02 Project Assistance. Irwindale and Azusa shall cooperate fully in providing
Developer with appropriate information and assistance, but such assistance shall not include
financial assistance unless specifically provided herein.
7.03 Preparation of Agreement. If agreement is reached on the business terms for
inclusion in the Development Instruments, Irwindale or Azusa shall prepare such Development
Instruments for consideration by the Developer. The parties will consider in good faith whether,
and to what extent, Developer should reimburse Irwindale and Azusa their expenses incurred in
connection with the preparation of the Development Instruments.
7.04 California Environmental Quality Act. The City of Azusa, in cooperation with the
City of Irwindale, shall retain one CEQA consultant to comply with CEQA. The CEQA
consultant shall be selected by the Cities from a list of qualified firms provided by Developer,
and the form of the consultant's contract shall be subject to Developer's approval. The
Developer shall enter into a Reimbursement Agreement with the City of Azusa to facilitate
reimbursement of the cost of complying with CEQA.
7.05 Grant Funds. Irwindale or Azusa may, but are not required to, apply for financial
assistance for the project from the U:S. Environmental Protection Agency, Department of
Housing & Urban Development and the California Integrated Waste Management Board or other
relevant agencies.
7.07 Access to Site. The Cities shall provide the following permanent vehicular and
pedestrian access to the Site not less than sixty (60) feet wide: (a) from Camino de la Cantera
(through the Denny's parking lot), and (b) from Foothill Boulevard through the westerly portion
of the Costco parking lot. To provide the access from Camino de la Cantera through the Denny's
parking lot, Irwindale shall negotiate with the tenant thereof, and, although its parking may be
reconfigured, it will not result in a net decrease in the total number of parking spaces. If such
negotiations are unsuccessful, at Developers request and expense, Irwindale may consider a
Resolution of Necessity with respect to providing such access, which it has the right, but not the
obligation, to do.
1005/00 V24466 v5
-9-
7.08 Zoning of Site. The Cities represent and warrant to Developer that the current
zoning for the Site is M-2 General Manufacturing in Azusa and M-2 Heavy Manufacturing in
Irwindale, which allows the retail uses contemplated by this Agreement without the need for any
other discretionary approval or permit, other than Precise Plan of Design or CUPS for alcohol
sales or drive-throughs.
7.09 Hauling Material from Reliance Pit. Developer shall be allowed to remove fill,
overburden and similar materials from the Reliance Pit and to transport it to the North Pit for the
purpose of filling it, in accordance with applicable laws.
SECTION 8. MISCELLANEOUS.
8.01 No Commissions. Neither Irwindale or Azusa shall be liable for any real estate
commission or any broker's fees which may arise in relation to the Project. Irwindale and Azusa
represent that neither have engaged no broker, agent, or finder in connection with this
transaction, and the Developer agrees to hold Irwindale and Azusa harmless from any claim by
any broker, agent, or finder retained by the Developer.
8.02 Ownership of Documents. If the negotiations contemplated by this Agreement do
not result in the execution of Development Instruments, Developer acknowledges that all reports,
studies, analysis, site plan layouts, engineering studies, memorandums, or similar documents
regarding the proposed development which were prepared during the period of negotiations
(except tenant information and proformas), which have been submitted to Irwindale, Azusa, the
County of Los Angeles, or any other governmental agency are public documents and will not be
kept confidential.
8.03 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
8.04 Eminent Domain. Azusa and Irwindale have the right to condemn all or any
interest in the South Pit. Upon Developer's request, and without in any way making any
commitment to take any action as a result thereof, Azusa and Irwindale shall consider a
Resolution of Necessity to condemn an interest in, or fee title to, the South Pit, at Developer's
expense.
N WITNESS WHEREOF, the parties have executed this Agreement as of the day first
above written.
(SIGNATURES ON NEXT PAGE.]
1005100in-awe v5
-10-
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
Agency Secretary
# APPROVED AS TO FORM:
F
Agency Counsel
1005/001/24466 v5
"IRWINDALE"
CITY OF IRWINDALE, a municipal
corporation
By:
City Manager
IRWINDALE REDEVELOPMENT
AGENCY, a public body, corporate and
politic
By:
Chairman
Mailing Address:
- 11 --
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
CITY OF AZUSA, a California municipal
corporation
By:
City Manager
AZUSA REDEVELOPMENT AGENCY, a
public body, corporate and politic
By:
Chairman
Mailing Address:
[SIGNATURES CONTINUED ON NEXT PAGE]
1005/001124466 v5
-12-
1005/00124466 v5
"DEVELOPER"
JAR-KINCAID, LLC,
a California limited liability company
IM
Print Name: .A A. R_LjEyJ QAbFoR I,
Print Title: YY a,� q�l �11� (A N P,0Q_
Print Name: V -A -v D
Print Title: 1MAr4Lvi vJ1 VML=Y%kBL-_-&_
Mailing Address:
Attn:
(All Signatures must be notarized.)
-13-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
per
I ss.
HOACASITAS
q.—JENNIFER
Comm. A 1302201 /Is^s
NOLORY POELIC-CALIFO'r.,VIA tll
los Angeles CEumy
My Comm. Expires Apri124.2005'�
❑ personally known to me
j9iproved to me on the basis of satisfactory
evidence
to be the person(,p( whose name is/�
subscribed to the within instrument and
acknowledged to me that he/ /tKexecuted
the same in hisfR/t authorized
capacity(ipS}, and that by his/her/fheir
signature on the instrument the person or
the entity upon behalf of which the person
acted, executed the instrument.
my hand and official seal.
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this toren to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
. e
❑ Individual Top of thumb here
❑ Corporate Officer— Ttle(s):
❑ Partner —0 Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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AGENDA ITEM
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: MICHAEL HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR
VIA: RICK COLE, CITY MANAGER ldz
DATE: AUGUST 4, 2003
SUBJECT: MARKETING PLAN FOR ROP -4 HOME AT 410 NORTH ALAMEDA AVENUE
RECOMMENDATION
It is recommended that Board approve the marketing plan to list 410 North Alameda Avenue
at the fair market value of $315,000, and enter into a 60 -day exclusive listing agreement with
Robin Valentine at 3% commission.
BACKGROUND
On September 17, 2001, the Agency Board approved the Educational Services Agreement
(ESA) with the Azusa Unified School District and the Regional Occupation Program (ROP) for
the student -built house with professional supervision. This will be the fourth house jointly
built in Azusa under the ROP program, which promotes the education and preparation of high
school students for future careers in construction, emphasizes teamwork, and increases the
amount of high quality housing stock in Azusa.
As with the prior three homes, staff proposes to market this home at fair market value. The
site was acquired August 24, 2001, and construction started in October 2001. Completion of
the home is estimated about September 15, 2003, with a walk-through scheduled for mid-
August.
Description of Home/Amenities
The home is a 1,395 s.f three bedroom, two bath home with detached two -car garage on a
7,000 s.f. lot. Energy efficient technology has been incorporated in the construction, and
includes energy efficient appliances, windows and central air and heat, solar tubes, etc.
Marketing Plan
Marketing this home is clearly an effort that can best be accomplished by an experienced
realtor. Consequently, staff is recommending a listing agreement with Robin Valentine, who
Honorable Chairperson and Members of the Board
Marketing Plan for ROP -4 Home at 410 N. Alameda Avenue
August 4, 2003 - -
Page 2 of 3
has 19 years experience and was the successful sales agent on three previous ROP home
sales. Robin Valentine has submitted a current comparable sales report which is attached.
Comparable Sales Analysis
Robin submitted details for two comparable homes, one of which is in escrow and one which
sold recently. The most comparable home, located at 1019 W. Hollyvale and built in 2003,
was listed for $315,000 and is in escrow for $320,000. The second home was built in 1995,
but is located in a better area near Sierra Madre Avenue, and sold for $325,000. Currently,
the average house for sale in Azusa is listed at $292,000 and has 3 bedrooms, 2 baths, 1,304
s.f., and was built in 1951. Based on this information, Robin Valentine recommends that a
targeted sale price be established at $295,000 to $320,000, with a listing price of $315,000.
Given the above sales data, staff recommends that the listing sales price be established at
$315,000, which is consistent with the price trend on newer homes. As with the previous
home sales, Agency staff will reduce the listing price if necessary, receive and review offers
consistent with the terms stated herein and, if warranted, discuss specific terms with the
Agency Board in closed session before formally accepting and moving to documentation.
Listine Proposal
Robin Valentine is requesting a 60 -day exclusive listing in which to complete the sale of the
house. As part of her service, she will advertise the home in local papers, the L.A. Times, and
on the front cover of the Home Buyer insert of the Times. The commission is as follows:
If Robin Valentine brings the buyer, a 3% commission fee will apply.
2. If the Agency supplies the buyer from its current interest list, a 3% commission
fee will apply.
If another agent brings in an acceptable offer, the agent will retain a 2.5%
commission fee, while Robin Valentine will retain a 2.5% commission fee.
Ms. Valentine believes that she will have no problem selling this home at her 3% commission
within the 60 -day period. The Agency will supply a list of potential buyers to the agent to
determine their interest.
Marketing Budget
The proposed marketing budget for the home is indicated below. The home will be offered as
a market rate sale.
Description
Cost I
Comment
1 .
Agency Escrow Cost Estimate
$ 2,610
Standard title policy/recordings
2.
Real Estate Commission
9,450
Assumed Sales Price of $315,000 @ 3%
3.
Legal Costs
1.000
Review sales documents, ect.
Total
$13,060
Honorable Chairperson and Members of the Board
Marketing Plan for ROP -4 Home at 410 N. Alameda Avenue
August 4, 2003
Page 3 of 3
Estimated Net Return
Based on a sales price of $315,000, the Agency estimates the following net return on ROP -4:
Description
Cost
Comment
Net Sales Proceeds:
Sales Listing Amount
$315,000
Proposed listing amount
Less District Share of Proceeds
(5,644)
Per Section 3.8 of the Agreement
Total Sales Proceeds to Agency:
$309,356
Costs:
Appraisal
$ 1,000
Appraisal for initial site acquisition
Acquisition of Site -410 N. Alameda
$ 71,130
Property Survey
800
Legal Costs
2,510
Sales Marketing Costs
13,060
Miscellaneous
500
Construction Costs
112,150
Total Costs:
$201,150
Estimated Net Return to the Agency
S 108.206
Overall Rate of Return: 1
54%
FISCAL IMPACT
The Agency will realize an estimated net return of $108,206 for capital project funding. All
costs were included in the original budget.
Prepared by Roseanna J. Jara. 69-�
Exhibits: A Comparable Sales
B Location Map
C Robin Valentine Listing Agreement
ROP4Mktgltm.doc
MRMLS Online M Q �5
ROBIN VALENTINE 7/22/2003 13:111 Customer Report - Residential
ML# C309462 ,
Status: P
f�-^- Area: 607 -
County: LA
List Price: $ 315000
Address: 1019
W HOLLYVALE ST
Unit#:
TG#: 568H7
City: AZU
Zip: 91702
List Type: ER
Assoc Dues: $ 0
Cross Streets:
Nl3RD ST. AND S/210
Pool: N Spa: Fireplace: Y Office -Den: N Dining Room: N Family Room: Y
Year Built: 2003
LtSz: 7038
Units:
Type: SFR! D
View: N
Bdr. 3
Bath: 2.00 /
ASF: 1405 /A
AC: Y
Terms: CTNL !
I ! 11
Showing Instr: GD I SR I
• Tumkey • Tumkey • Tumkey • Tumkey
Pool: N
Spa: Fireplace: Y
Office -Den: N Dining Room: Y Family Room: N
Bonus: N
Master Suite: Y Sec Sys:
Cable TV: Patio: Y
Yard: Y
Horse: N
Sch Dist: CALL, EI: SCHOOL, Jr. DISTRICT,
HS:
CFI DYI LL f LW I MF I MM I NW I TK I I I I I I I I If I I!
• Ceiling Fan • Driveway • Lot-level/flat • Lot 6,500-9,999 • Main Floor Bdrs
• Mn Fir Mstr Bdr • New ConsWctn • Tumkey
Description: GORGEOUS NEW CONSTRUCTION "DUAL GLAZED WINDOWS,
OVERSIZED TWO CAR GARAGE, CENTRAL AIR AND HEAT, CERAMIC TILED
COUNTERS, TILED KITCHEN AND BATH FLOORS 8 UPGRADED CARPETING,
CEILING FANS, MIRRORED WARDROBES, LANDSCAPED FRONT & REAR YARD
AGENTS USE "CAR NEW HOME PURCHASE CONTRACT' FOR NEW
CONSTRUCTION & FAX WITH DEPOSIT, PREQUAL 8 CREDIT REPORT' LOCKUP
AFTER
RSSHOWING '
��-
oul�
ROBIN VALENTINE 7/2212003 13:111 Customer Report - Residential
ML# C306022
Mme: 2 3 4 56 7 8 Slide Show
..tjtus. S.--.-.----_M....w.....�._,.� .----------_
Stus: S Area: 607 County: LA
Sold Price: $ 32500
Address: • 1776'M I RADOR *DR UnH#:
TG#: 568H3
City: 'AZU Zip: *91702 List Type: ER
Assoc Dues: $ 53
Cross Streets: N/ SIERRA MADRE W/ SAN GABRIEL
Year Built: *1995
LtSz:.' 5893 Units: Type: SFR ! D
View: N
Bdr: '3 Bath: 2.50 / ASF: '1556 ! A
AC: Y
Terms: CTNL I !! l l Showing Instr: CF 1l
Pool: N Spa: Fireplace: Y Office -Den: N Dining Room: N Family Room: Y
Bonus: N Master Suite: Y Sec Sys: Cable TV: Patio:
Yard: Y
Horse: N Sch Dist, EI:, Jr:, HS:
Features and Descriptions
ABICRIGAIJJ ITK/TK/TK/TK/TK/TK/ TK/TK/TK/TKI TK/TK/TK/TK/TK/TK!
• Assn BAR -B -Q • Cc And R's • Dir Garage Aoc • Jack and Jill Rm
• Tumkey
• Tumkey • Tumkey • Tumkey • Tumkey
• Tumkey
• Tumkey • Tumkey • Tumkey • Tumkey
• Tumkey
• Tumkey • Tumkey • Tumkey • Tumkey
Turnkey
Description: ABSOLUTLEY IMMACULATE HOME NESTLED IN THE BEAUTIFUL
AND PRIME AREA OF NORTH AZUSA-THIS IS TRULY A TURNKEY HOME -JACK
,•aU
AND JILL BEDROOMS•OPEN KITCHEN FLOWS INTO THE FAMILY
ROOM'UPGRADED APPLIANCES"GREAT CURB APPEAL'CONTEMPORARY
TOUCHES'THIS HOME IS CLEAN CLEAN CLEAN!!!'AGENTS PLEASE READ
REMARKS FOR SHOWING'BE VERY CAREFUL OF ATTACK CAT'
*UtteAGvLL.c,�
Exhibit .A
More: 2 34 567 8 9 10 Slide Show
http://www.imrnils.com/servlet/PrintRep 7/22/2003
410 Alameda Ave.
02003
Nay 6, 2003
,2obin 17alentine-.
,7Le /,Vax Uasters
Office: 626 /812-5889
Pager: 626 / 300-7170
Mr. Jose Amador and Council ✓Members
City of Azusa Xedevelopment
213 E. Toothill Blvd.
,Azusa, CA.. 91702
)?-ef, 41DN. Alameda Avenue. Azusa. CA - 91702
Dear Council,
I mould like to thank you for the opportunity to present my marketing plan
to you regarding the above referenced property.
1 hope that the following information will answer any questions that you
may have in regard to my experience roith the sale and marketing of new
and tract homes. In the past 19 years, 1 have sold new homes for Owen
Development, Chila Construction. X✓ 7 Construction, and The City of
,Azusa. These are all residential home and P.U.D.'s ranging from I to 14
homes at a time.
1 sell approximately 60 homes a year. 1 am among the top 10 agents in my
company, )Ze1Xax Masters. Our company has well over 100 agents. In
the year 2002. my membership with ,7Ze Sfax Platinum Club is known to be
the highest single year commission honor that Re Max bestows upon a
Sales ,Associate.
In regard to the value of the new construction at 410N Alameda .Avenue.
1 have enclosed a few present and past sales. The X-eal Estate market has
Exhibit C
been so volatile lately that 1 feel there is no need to use sales that are not of
new construction. 1 have 3 new homes sales in 2002 and one in 2003.
231 N Virginia Avenue is 1642 square feet and sold for $268,000 back in
March of2002. It was on the market for 30 days.
247 N- Soldano Avenue is 1400 square feet and sold for $259.004 back
in June of 2002. It was on the market for 11 days. This was our
Construction Company„Rob-Cee Construction, Inc.
737 N. Pasadena Avenue is 1698 square feet and sold for $285,000 back
in September of2002, It was on the market for 147 days.
626 E. 11th Street is 1433 square feet and sold for $306,000 back in
,March of this year. (This is a slightly better area than the above sales and
412 N Alameda Avenue). It was on the market for 9 days. Note: This is
a past ,ROP Property that 1 sold for The City of Azusa in 2000.
Taking into consideration the steady growing sales prices from ,March
2002 up until now, ,May of 2003. my professional opinion is that the
property at 410N Alameda Avenue value is approximately $295.000.
It is my experience recently that if the homes are priced right, by staying
close to the asking price/sale price, multiple offers can be produced in this
current market. Were are a few of my marketing tools that 1 employ on
each of my listings:
1. Design a brochure of flyer, with builder's ideas in mind.
2. Cender to qualify buyers. Gender selected by the City.
3. Open houses to be held on the weekends. Saturdays, and Sundays.
4. Provide exposure to property to the following Board ,Meetings:
Azusa/Glendora, Arcadia, Pasadena, and San Gabriel 17alley
Boards.
5. Run ,advertisements in the Tribune and Cos Angeles Times.
6. The listing will be submitted to the ,Multiple Listing Service for the
whole San Gabriel 17alley.
7. The listing will be submitted to the Internet, ,fomes. Com,
7Zealtor.com and TTech. A slide show will be in the ✓ C -S.
8. The listing will also be at X eMax.com and my personal website.
If another ag ' t
retain a 3%coma
If] b�ngyou the
fee,
in acceptable to
a 4.55 commission
maid agent
commission fee.
The above is all negotiable.
1 hope that this is acceptable to you and thank you again for your
consideration. Ifthere is anything else that you need, just call.
I am looking forward to hearing from you soon.
Sincerely,
'R� U�
CALIFORNIA
®ASSOCIATION
s OF REALTORS®
RESIDENTIAL LISTING AGREEMENT
(Exclusive Authorization and Right to Sell)
(C.A.R. Form LA, Revised 10/02)
1. EXCLUSIVE RIGHT TO SELL: e av e to ("Seller)
hereby employs and grant a. y^ ("Broker")
beginning (date) 7�,j2 /O3 and ending at 11:59 P.M. on (date- ("Listing Period")
the exclusive and irrevocable right to sell or exchange the real property in the City of
County ofL-05 AngeIeS California, described as: A I Ue
("Property,)
2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that
are attached to the Property are included, and personal property items are excluded, from the purchase price.
ADDITIONAL ITEMS EXCLUDED:
ADDITIONAL ITEMS INCLUDED:
Seller intends that the above items be excluded or included in offering the Property for sale, but understands that: (i) the purchase
agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included in the sale;
and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the purchase agreement.
3. LISTING PRICE AND TERMS:
A. The listing price shall be:
Dollars ($ 1.
B. Additional Terms:
r
4. C MP N ATI N TO R ER:
Notice: The amount or rate of real estate commissions is not fixeW by law. They are set by each Broker
individually and may be negotiable between Seller and Broker (real estate commissions include all
compensation and fees to Broker).1j{ ar�wwsS r wt�s
A. Seller agrees to pay to Broker as compensation for services irrespective of agency relations}ip(s), either 07_ r percent
of the (lJsting r e (or if a purch se agree ent is entered into, of the purchase price), oI ❑ $
AND /t9t ^t a %s ._1� ! On w --� Q._:,
�r 1 p� Os follows:
(1) If Broker,�Seller, cooperating broker, or any other rson procure a buyer(s) who o ers to purchase the P. perty on the
above price and terms, or on any price and terms acceptable to Seller during the Listing Period, or any extension.
(2) If Seller, within 1 Zo calendar days after the end of the Listing Period or any extension, enters into a contract to sell,
convey, lease or otherwise transfer the Property to anyone ("Prospective Buyer") or that person's related entity: (i) who
physically entered and was shown the Property during the Listing Period or any extension by Broker or a cooperating broker;
or (it) for whom Broker or any cooperating broker submitted to Seller a signed, written offer to acquire, lease, exchange or
obtain an option on the Property. Seller, however, shall have no obligation to Broker under paragraph 4A(2) unless, not later
than 3 calendar days after the end of the Listing Period or any extension, Broker has given Seller a written notice of the
names of such Prospective Buyers.
(3) If, without Broker's prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise
transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension.
B. If completion of the sale is prevented by a party to the transaction other than Seller, then compensation due under paragraph
4A shall be payable only if and when Seller collects damages by suit, arbitration, settlement or otherwise, and then in an amount
equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow
expenses and the expenses of collection, if any. _
C. In addition, Seller agrees to pay Broker:
D. (1)Broker is authorized to cooperate with and compensate brokers participating throuJII multiple listings vice
("MLS'): (1) in any manner; OR (11).(if checked) by offering MLS brokers: either > percent of the purchase
price, or ❑ $
(2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS in any manner.
E. Seller hereby irrevocably assigns to Broker the above compensation from Seller's funds and proceeds in escrow. Broker may
submit this agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Property
involving Seller and a buyer, Prospective Buyer or other transferee.
F. (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property,
unless specified as follows:
(2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the
Property is transferred to any of the following individuals or entities:
(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: (i) Broker is
not entitled to compensation under this agreement; and (if) Broker is not obligated to represent Seller in such transaction.
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized Seller acknowledges receipt of a copy of this page.
reproduction of this torn, or any portion thereof, by photocopy machine or any other Seller's Initials ( )( )
means, including facsimile or computerized formats. Copyright ® 1991-2002,
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Reviewed by Date,
LA REVISED 10/02 (PAGE 1 OF 3) Print Date BDC May 03 ,PPYRNNIT,
Property Address: 9-a- If (Z2, e Date:
5. OWNERSHIP, TITLE AND AUTHORITY: Seller warrants that: (i) Seller is the owner of the Property; (if) no other persons or entities
have title to the Property; and (iii) Seller has the authority to both execute this agreement and sell the Property. Exceptions to
ownership, title and authority are as follows:
6. MULTIPLE LISTING SERVICE: Information about this listing will (or❑ will not) be provided to the MLS of Broker's selection. All terms
of the transaction, including financing, if applicable, will be provided to the selected MLS for publication, dissemination and use by
persons and entities on terms approved by the MLS. Seller authorizes Broker to comply with all applicable MLS rules. MLS rules allow
MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary.
7. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified in writing, Seller is unaware of: (f) any Notice of
Default recorded against the Property; (11) any delinquent amounts due under any loan secured by, or other obligation affecting, the
Property; (ill) any bankruptcy, insolvency or similar proceeding affecting the Property; (fv) any litigation, arbitration, administrative
action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to
transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker
in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof.
8. BROKER'S AND SELLER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of
this agreement. Unless Seller gives Broker written instructions to the contrary, Broker is authorized to order reports and disclosures
as appropriate or necessary and advertise and market the Property by any method and in any medium selected by Broker, including
MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the information submitted to any
medium. Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Property by,
among other things, making the Property available for showing at reasonable times and referring to Broker all inquiries of any party
interested in the Property. Seller is responsible for determining at what price to list and sell the Property. Seller further agrees to
indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney fees arising from
any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose.
9. DEPOSIT: Broker is authorized to accept and hold on Seller's behaff any deposits to be applied toward the purchase price.
10. AGENCY RELATIONSHIPS:
A. Disclosure: If the Property includes residential property with one -to -four dwelling units, Seller shall receive a "Disclosure
Regarding Agency Relationships" form prior to entering into this agreement.
B. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 4F.
C. Possible Dual Agency With Buyer: Depending upon the circumstances, it may be necessary or appropriate for Broker to act
as an agent for both Seller and buyer, exchange party, or one or more additional parties ("Buyer"). Broker shall, as soon as
practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured
directly by Broker or an associate licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller
and such Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties
for services rendered, provided there is disclosure to all parties of such agency and compensation. Seller understands and
agrees that: (i) Broker, without the prior written consent of Seller, will not disclose to Buyer that Seller is willing to sell the
Property at a price less than the listing price; (ii) Broker, without the prior written consent of Buyer, will not disclose to Seller
that Buyer is willing to pay a price greater than the offered price; and (ill) except for (f) and (ii) above, a dual agent is obligated
to disclose known facts materially affecting the value or desirability of the Property to both parties.
D. Other Sellers: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may
consider, make offers on, or purchase through Broker, property the same as or similar to Seller's Property. Seller consents to
Broker's representation of sellers and buyers of other properties before, during and after the end of this agreement.
E. Confirmation: If the Property includes residential property with one -to -four dwelling units, Broker shall confirm the agency
relationship described above, or as modified, in writing, prior to or concurrent with Seller's execution of a purchase agreement.
11. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether
attributable to use of a keysafeAockbox, a showing of the Property, or otherwise. Third parties, including, but not limited to, appraisers,
inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of, the interior of the Property.
Seller agrees: (f) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the
Property; and (11) to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller.
12. KEYSAFE/LOCKBOX: A keysafeAockbox is designed to hold a key to the Property to permit access to the Property by Broker,
cooperating brokers. MLS participants, their authorized licensees and representatives, authorized inspectors, and
accompanied prospective buyers. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS@ are not insurers
against injury, theft, loss, vandalism or damage attributed to the use of a keysafe/lockbox. Seller does (or if checked ❑ does
not) authorize Broker to install a keysafeAockbox. If Seller does not occupy the Property, Seller shall be responsible for
obtaining occupant(s)' written permission for use of a keysafe/lockbox.
13. SIGN: Seller does (or if checked ❑ does not) authorize Broker to install a FOR SALE/SOLD sign on the Property.
14. EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state and local anti -discrimination laws.
15. ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation
under this agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non -prevailing
Seller or Broker, except as provided in paragraph 19A.
16. ADDITIONAL TERMS:
17. MANAGEMENT APPROVAL: If an associate licensee in Broker's office (salesperson or broker -associate) enters into this
agreement on Broker's behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel
this agreement, in writing, within 5 days after its execution.
18. SUCCESSORS AND ASSIGNS: This agreement shall be binding upon Seller and Seller's successors and assigns.
Seller acknowledges receipt of a copy of this page.
Seller's Initials ( 1( )
Copyright ® 1991-2002, CALIFORNIA ASSOCIATION OF REALTORSO, INC. OWNS
LA REVISED 10/02 (PAGE 2 OF 3) Reviewed by Date rouwxursvm
arranrvnrtr
BROKER'S COPY
Property Address: Date:
19. DISPUTE RESOLUTION:
A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them out of this agreement, or any
resulting transaction, before resorting to arbitration or court action, subject to paragraph 196(2) below. Paragraph 196(2) below
applies whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties
involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to
resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled
to recover attorney fees, even if they would otherwise. be available to that party in any such action. THIS MEDIATION
PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Seller and Broker agree that any dispute or claim in Law or equity arising between
them regarding the obligation to pay compensation under this agreement, which is not settled through mediation,
shall be decided by neutral, binding arbitration, including and subject to paragraph 19B(2) below. The arbitrator shall
be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the
parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California
Law. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. in all other
respects, the arbitration shall be conducted in accordance with -Title 9 of Part III of the California Code of Civil
Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
'(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration
hereunder: (1) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or
installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of
a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of
a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other
provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS
YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES'
PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION." I Seller's Initials / Broker's Initials /
20. ENTIRE CONTRACT: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this
agreement are superseded by this agreement, which constitutes the entire contract and a complete and exclusive expression of
their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any
provision of this agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and
effect. This agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in
counterparts.
By signing below, Seller acknowledges that Seller has read, understands, accepts and has received a copy of this agreement
Seller
Address l
Telephone -
Seller
Address
Telephone _
Real Estate
By (Agent) .
Address 1
Telephone -
Fax
Fax
Date
City riirs 116t , State Ch Zip q/7Q �2
E-mail
Date
City State Zip
E-mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTORS. REALTORS is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code of Ethics.
CIN Published by the
_ = California Association of REALTORS®
The
bystem��for Sucress"
Reviewed by Date emuswnec
LA REVISED 10102 (PAGE 3 OF 3) BROKER'S COPY 01"81pN17
CALIFORNIA
ASSOCIATION
OF REALTORS®
Property Address:
Seller's Advisory
(C.A.R. Form SA, Revised 10101)
("Property')
1. INTRODUCTION: Selling property in California is a process Oat involves many steps. From start to finish, it could take
anywhere from a few weeks to many months, depending upon the condition of your Property, local market conditions and
other factors.You have already taken an important first step by listing your Property for sale with a licensed real estate broker.
Your broker will help guide you through the process and may refer you to other professionals as needed. This advisory
addresses many things you may need to think about and do as you market your Property. Some of these things are
requirements imposed upon you, either by law or the listing or sale contract. Others are simply practical matters that may
arise during the process. Please read this document carefully and, if you have any questions, ask your broker for help.
2. DISCLOSURES:
A. General Disclosure Duties: You must affirmatively disclose to the buyer, in writing, any and all known facts that
materially affect the value or desirability of your Property. You must disclose these facts whether or not asked about such
matters by the buyer, any broker, or anyone else. This duty to disclose applies even if the buyer agrees to purchase your
Property in its present condition without requiring you to make any repairs. If the Property you are selling is a residence
with one to four units, your broker also has a duty to conduct a reasonably competent and diligent visual inspection of
the accessible areas and to disclose to a buyer all adverse material facts that the inspection reveals. If your broker
discovers something that could indicate a problem, your broker must advise the buyer.
B. Statutory Duties (For one -to -four Residential Units):
(1) You must timely prepare and deliver to the buyer, among other things, a Real Estate Transfer Disclosure Statement
("TDS"), and a Natural Hazard Disclosure Statement ("NHD"). You have a legal obligation to honestly and completely
fill out the TDS form in its entirety. (Many local entities or organizations have their own supplement to the TDS that
you may also be asked to complete.) The NHD is a statement indicating whether your Property is in certain
designated flood, fire or earthquake/seismic hazard zones. Third -party professional companies can help you with this
task.
(2) Depending upon the age and type of construction of your Property, you may also be required to provide and, in
certain cases you can receive limited legal protection by providing, the buyer with booklets titled "The Homeowner's
Guide to Earthquake Safety," "The Commercial Property Owners Guide to Earthquake Safety," "Protect Your Family
From Lead in Your Home" and "Environmental Hazards: A Guide For Homeowners and Buyers" Some of these
booklets may be packaged together for your convenience. The earthquake guides ask you to answer specific
questions about your Property's structure and preparedness for an earthquake. If you are required to supply the
booklet about lead, you will also be required to disclose to the buyer any known lead-based paint and lead-based
paint hazards on a separate form. The environmental hazards guide informs the buyer of common environmental
hazards that may be found in properties.
(3) If you know that your property is: (1) located within one mile of a former military ordnance location; or (ii) in or affected
by a zone or district allowing manufacturing, commercial or airport use, you must disclose this to the buyer. You are
also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate
local agency(ies) about any special tax levied on your Property pursuant to the Mello -Roos Community Facilities Act.
(4) If the TDS, NHD, or lead, military ordnance, commercial zone or Mello -Roos disclosures are provided to a buyer after
you accept that buyer's offer, the buyer will have 3 days after delivery (or 5 days if mailed) to terminate the offer,
which is why it is extremely important to complete these disclosures as soon as possible. There are certain
exemptions from these statutory requirements. However, if you have actual knowledge of any of these items, you
may still be required to make a disclosure as the items can be considered material facts.
C. Death and Other Disclosures: Many buyers consider death on real property to be a material fact in the purchase of
property. In some situations, it is advisable to disclose that a death occurred or the manner of death. However, California
Civil Code Section 1710.2 provides that you have no disclosure dwdy "where the death has occurred more than three
years prior to the date the transferee offers to purchase, lease, or rent the real property, or [regardless of the date of
occurrence] that an occupant of that property was afflicted with, or died from, Human T -Lymphotropic Virus Type
III/Lymphadenopathy-Associated Virus" This law does not "immunize an owner or his or her agent from making an
intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property,
concerning deaths on the real property."
D. Condominiums and Other Common Interest Subdivisions: If the Property is a condominium, townhouse, or other
property in a common interest subdivision, you must provide to the buyer copies of the governing documents, the most
recent financial statements distributed, and other documents required by law or contract. If you do not have a current
version of these documents, you can request them from the management of your homeowners' association. To avoid
delays, you are encouraged to obtain these documents as soon as possible, even if you have not yet entered into a
purchase agreement to sell your Property.
The copyright laws of the United States (fNe 17 U.S. Code) forbid the Seller acknowledges receipt of a copy of this page. A
unauthorized reproduction of this form, or any portion thereof, by photocopySellers Initials
l
machine or any other means, Including facsimile or computerized formals.
Copyright01991-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC.+
Reviewed avnaxrvnm
ALL RIGHTS RESERVED. b Y
SA -11 REVISED 10/01 (PAGE 1 of 2) Broker or Designee Date
BROKER'S COPY
CFI I FQ'C ArWiCnOV /CA -41 OAP_C 1 nC 4%
Property Address:
3.
4.
S.
Date: Q 's
CONTRACT TERMS AND LEGAL REQUIREMENTS: v.
A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay
for repairs to the Property and other items. Your decision on whether or not to comply with a buyers requests may affect
your ability to sell your Property at a specified price.
B. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price
from your sale proceeds for tax purposes unless you sign an affidavit of non -foreign status and California residency, or
some other exemption applies and is documented.
C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging
to legally protected classes is a violation of the law.
D. Government Retrofit Standards: Unless exempt, you must comply with government retrofit standards, including, but
not limited to, installing operable smoke detectors, bracing water heaters, and providing the buyer with corresponding
written statements of compliance. Some city and county governments may impose additional retrofit standards, including,
but not limited to, installing low -flow toilets and showerheads, gas shut-off valves, tempered glass, and barriers around
swimming pools and spas. You should consult with the appropriate governmental agencies, inspectors, and other
professionals to determine the retrofit standards for your Property, the extent to which your Property complies with such
standards, and the costs, if any, of compliance.
E. Legal, Tax and Other Implications: Selling your Property may have legal, tax, insurance, title or other implications. You
should consult an appropriate professional for advice on these matters.
MARKETING CONSIDERATIONS:
A. Pre -Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting
any defects or other problems. Many people are not aware of defects in or problems with their own Property. One way to
make yourself aware is to obtain professional home inspections prior to sale, both generally, and for wood destroying
pests and organisms, such as termites. By doing this, you then have an opportunity to make repairs before your Property
is offered for sale, which may enhance its marketability. Keep in mind, however, that any problems revealed by such
inspection reports should be disclosed to the buyer (see "Disclosures" in paragraph 2 above). This is true even if the
buyer gets his/her own inspections covering the same area. Obtaining inspection reports may also assist you during
contract negotiations with the buyer. For example, if a pest control report has both a primary and secondary
recommendation for clearance, you may want to specify in the purchase agreement those recommendations, if any, for
which you are going to pay.
B. Post -Sale Protections: It is often helpful to provide the buyer with, among other things, a home protection/warranty plan
for the Property. These plans will generally cover problems, not deemed to be pre-existing, that occur after your sale is
completed. In the event something does go wrong after the sale, and it is covered by the plan, the buyer may be able to
resolve the concern by contacting the home protection company.
C. Safety Precautions: Advertising and marketing your Property for sale, including, but not limited to, holding open houses,
placing a keysafe/lockbox, erecting FOR SALE signs, and disseminating photographs, video tapes, and virtual tours of
the premises, may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain
insurance, and to take any and all possible precautions and safeguards to protect yourself, other occupants, visitors,
your Property, and your belongings, including cash, jewelry, drugs, firearms and other valuables located on the Property
against injury, theft, loss, vandalism, damage, and other harm.
D. Expenses: You are advised that you, not the Broker, are responsible for the fees and costs, if any, to comply with your
duties and obligations to the buyer of your Property.
OTHER ITEMS:
Seiler has read and understands this Advisory. By signing below, Seller acknowledges receipt of a copy of this document.
Seller Date —:um
Print Name
Seller
Print Name
Real Estate = "a• r
Address
By
City
Date
State a Zip /% O
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics.
Published and Distributed by: A
" REAL ESTATE BUSINESS SERVICES, INC. Reviewed by _ p
a Subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® �
525 South Virgil Avenue, Los Angeles, California 90020 Broker or Designee Date muncxmrsws
SA -11 REVISED 10/01 (PAGE 2 of 2) orr"sruain
BROKER'S COPY
CAL I FOR N I A DISCLOSURE REGARDING
AkREAL ESTATE AGENCY RELATIONSHIPS
4ASSOCIATION
OF REALTORS® (As required by the Civil Code) - (CA.R. Form AD -11, Revised 10101)
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency
relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the
following affirmative obligations:
To the Seller:
A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealing with the Seller.
To the Buyer and the Seller.
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
BUYER'S AGENT
A selling agent can, with a Buyers consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by
agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the
following affirmative obligations:
To the Buyer.
A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.
To the Buyer and the Seller.
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer.
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller
will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You
should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read
its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully.
[WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. /,/�,Bi ,AI•�a�rn�c�2i�a-'
BtP(-WlSELLER Date -712-7-105 Time ❑ AM ❑ pM
BUYERISELLER
AGENT
Dale
By
❑ AM ❑ PM
Date 213
THIS FORM SHALL BE PROVIDED AND ACKNOWLEDGED AS FOLLOWS (Civil Code §2079.14):
. When the listing brokerage company also represents the Buyer, the Listing Agent shall give one AD -11 form to the Seller and one to the Buyer.
. When Buyer and Seller are represented by different brokerage companies, then the Listing Agent shall give one AD -11 form to the Seller and the
Buyer's Agent shall give one AD -11 form to the Buyer and one AD -11 form to the Seller.
SEE REVERSE SIDE FOR FURTHER INFORMATION
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats. Copyright ® 1991-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSID (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to Identify the user as a REALTOR®. REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
GF -1 Published and Disbibuted by:
REAL ESTATE BUSINESS SERVICES, INC. VReviewed by
V. a a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® Broker or Designee Date
525 South Virgil Avenue, Los Angeles, California 90020
AD -11 REVISED 10101 (PAGE 1 OF 1) 0PP0Ri"0t4
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (AD -11 PAGE 1 OF 1)
Re,Max Masters Realty 1340 E. Route 66 Ste. 109 , Glendora CA 91740
Phone: (626)8125889 Fax: (626)8125651 Robin Valentine T69911582FX
CHAPTER 2 OF TITLE 9 OF PART 4 OF DIVISION 3 OF THE CIVIL CODE
2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is
licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and
under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real broker or
salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed
under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to
function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or
her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not
a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c)
"Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an
agent, or who seeks Me services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property
transaction. "Buyer" includes vendee or lessee. (d) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both
the seller and the buyer in a real property transaction. (e) "Listing agreement' means a contract between an owner of real property and an agent, by which
the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real
property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to
sell the real property through the listing agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer
is willing to buy the real property. (t) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the
contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section
761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and
mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions
Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to
act in that transaction, and includes a listing or an offer to purchase. (1) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from
the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales
contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the
transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an
offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n)
"Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer
for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to
purchase to the seller. (o) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section
2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real
property transaction.
2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in
Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as
provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure forth to the seller prior to entering into
the listing agreement. (b) The selling agent shall provide the disclosure forth to the seller as soon as practicable prior to presenting the seller with an
offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure forth pursuant to subdivision (a). (c) Where the
selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and
acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure forth by
certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (dThe selling
agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that the offer to
purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after
the selling agent receives the offer to purchase from the buyer.
2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an
associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal.
2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property
transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This
relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the
buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the
listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual
agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing
executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller.
(c) The confirmation required by subdivisions (a) and (b) shall be in the following form.
is the agent of (check one): ❑ the seller exclusively; or ❑ both the buyer and seller.
(Name of Listing Agent)
(Name of Selling Agent if not the same as the Listing Agent)
is the agent of (check one): ❑ the buyer exclusively; or ❑ the seller exclusively; or
❑ both the buyer and seller.
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14
2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in
the transaction.
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or
commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of
any such agreement shall not necessarily be determinative of a particular relationship.
2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific forth of agency relationship not
specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express
written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the
express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to
confidential information other than price.
2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of
itself, make that agent a dual agent.
2079.23 A contact between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of
the act which is the object of the agency with the written consent of the parties to the agency relationship.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate
licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in
connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure
FORM AD -11 Page 2 T69B11513.zFx
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, JULY 21, 2003 — 9:37 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in
regular session at the above date.
Chairperson Madrid called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON
MADRID
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Cole, City Department Heads, Deputy
Secretary Toscano, Secretary Mendoza.
The CONSENT CALENDAR consisting of items VIII -A through VIII -D, were approved by Consent Cal
motion of Director Chagnon, seconded by Director Stanford and unanimously carried. Approved
A Minutes of the regular meeting of July 8, 2003, were approved as written.
Min approved
B. The Agency Treasurer's Report as of June 30, 2003 was received and filed.
Treas Rpt
C. Approval was given to contract with Julie Gutierrez for the position of Deputy City
Deputy City Mgr
Manager.
J.Gutierrez
D. The following Resolutions were adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
Res. Nos. 03-R24
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF
&25 Warrants
REDEVELOPMENT AGENCY FUNDS.
It was consensus of the Redevelopment Agency Boardmembers to adjourn
Adjourn
TIME OF ADJOURNMENT: 9:39 P.M.
SECRETARY
NEXT RESOLUTION NO. 03-R26.
NEXT ORDINANCE NO. 03 -ROI.
WARRANT REGISTER NO. 02
FISCAL YEAR 2003-04
WARRANTS DATED 7/11/03 THROUGH 7/24/03
RESOLUTION NO.
FOR BOARD OF DIRECTORS' MEETING OF 08-04-03
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY 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 Redevelopment Agency Funds as
hereinafter set forth:
80 -110 -REDEVELOPMENT ADMINISTRATION FUND $ 3.510.54
80 -125 -CBD CAPITAL PROJECTS FUND
80 -135 -WED CAPITAL PROJECTS FUND
80 -185 -RANCH CENTER CAPITAL PROJECTS FUND
81 -155 -TAX INCREMENT SET-ASIDE FUND
82 -125 -CBD DEBT SERVICE FUND
82 -135 -WED DEBT SERVICE FUND
82 -185 -RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 3.510.54
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2003.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof, held on the day of 2003.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSTAIN:
DIRECTORS:
ABSENT:
DIRECTORS:
Secretary
City of Azusa HP 9000 07/30/03 O P E N H O L D D B L I S T I N G By Peri/Ehtity Narre
WED, JUL 30, 2003, 7:49 AM --req: ROSE ------leg: M JL--loc: BI -=---job: 254034 ##140 --- prog: CH400 <1.344>--xepert
Page 1
id: CUT 02
SECI7,P FUZ
Ox3e_s: 80-82 ; GL Pasting Testas: 070103-063004
Ch -.k Issue Dates:
071103-072403
PE ID
PE Narre A033 Nr NM ER / JCB NU43ER
Invoice Nrarber
De=pticn
St Disc. Ant.
Dist. Art.
V01305
AZCSA CTI1' FID C 8000000000-3035
2610/0301015
PR##15/03
FD 0.00
62.50
PEID Upas :
0.00
Paid:
62.50
Total:
62.50
V00355
V00355
A.ZUSA PAYROLL AC 8000000000-3001
AZUSA PAYROLL AC 8000000000-3003
FR1503
FR1503
Tamas Pbl/Wi
Tis PavableeI
PD 0.00
PD 0.00
1,303.22
266.50
V00355
AZ[PAYRML AC 8000000000-3005
�
PR1503
Tis Pb1l/Wi
PD 0.00
394.25
PEID ih d:
0.00
g�
Paid:
Total:
1,963.97
1,963.97
V95948
AZUSA/, = OF 8000000000-3042
071103
RETMB MED/DEP JU
PD 0.00
125.80
PEID Lhuxaid:
0.00
Paid:
125.80
Total:
125.80
V04912
CAMAEA LIFE ASSU 8000000000-27/25
1220/0301015
FR##1.5/03
FD 0.00
35.66
MID Lhuxaid:
0.00
Paid:
35.66
Total:
35.66
V04623
DENIAL HEALTH SV 8000000000-3052
030702612
PF24CRP 1941/19
PD . 0.00
114.90
PEID Cyd:
0.00
Paid:
114.90
Total:
ll4.90
V00331
FECERP.L E}H;ESS 8010110000-6521
475958819
117052788
PD 0.00
16.85
PEID
0.00
Paid:
16.85
Total:
16.85
V03126
LIN73CN MUICNAL 8000000000-3010
2325/0301015
PR##1.5/03
PD 0.00
176.53
PEIDPaid:
176.530
m
City of Azusa HP 9000 07/30/03 O P E N H O L D D B LISTING By /E]ztity Nme
WID, aL 30, 2003, 7:49 PM --req: ME ------leg: CL JL--loc: BI-TEal--- jcb: 254034 #J2140 --- prng: C14400 <1.34> --report
SEIDC.T FUND Oxus: 80-82 ; GL Posting Dates: 070103-063004 Check Issue Dates: 071103-072403
PE ID FE Nme AC33M NP'BFR / JOB NUyBER Invoice Umber Des pticn St Disc. Amt.
Page 2
id: CHFLTR02
Dist. Pmt.
Total:
176.53
V00353
R]BLIC Ev2LDYEES 8000000000-2728
070503
TCfPL RVPUR/FNUL PD 0.00
717.78
PEID UPaid:
0.00
Paid:
717.78
Total:
717.78
V04909
UiLM LIFE INSURA 8000000000-3044
1255/0301015
PR#15/03
PD 0.00
98.88
PEID U IM
0.00
Paid:
98.88
Total:
98.88
V00876
KkglM= MJRA 8000000000-3010
2335/0301015
PR#15/03
PD 0.00
197.67
PEID Uhmd:
0.00
Paid:
197.67
Total:
197.67
GRAND TOTAL 0.00
paid: 3,510.54
Total: 3,510.54
WARRANT REGISTER NO. 23
FISCAL YEAR 2002-03
WARRANTS DATED 7/11/03 THROUGH 7/24/03
RESOLUTION NO.
FOR BOARD OF DIRECTORS' MEETING OF 08-04-03
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO 13E PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY 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 Redevelopment Agency Funds as
hereinafter set forth:
80 -110 -REDEVELOPMENT ADMINISTRATION FUND
80 -125 -CBD CAPITAL PROJECTS FUND
80 -135 -WED CAPITAL PROJECTS FUND
80 -185 -RANCH CENTER CAPITAL PROJECTS FUND
81 -155 -TAX INCREMENT SET-ASIDE FUND
82 -125 -CBD DEBT SERVICE FUND
82 -135 -WED DEBT SERVICE FUND
82 -185 -RANCH CENTER DEBT SERVICE FUND
$10,028.70
7,710.64
TOTAL ALL FUNDS: $17.739.34
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS _ DAY OF 2003.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof, held on the __ day of 2003.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSTAIN:
DIRECTORS:
ABSENT:
DIRECTORS:
Secretary
..A
City of Azusa HP 9000 07/30/03 O P E N H O L D D B LISTING By Fe�tity Nam
id:
Page l
FII), JUL, 30,
2003, 7:48 AM --reg: OSE ------leg: GL JL--lcc: BI-?DD-I---7cb:
254033
=139 --- prog: CH400 <1.34> --report
CHFUIR02
SE= FU0
Cbces: 80-82 ; GL Floating Vitas: 070102-063003 ;
Chwk Issue ]kites:
071103-072403
FE ID
FE Nage AC= NUvBER / JCB N(NHER
Invoice Number
i s=Pticn St Disc. P t . Dist. Amt.
V02686
BOISE CASCPM OF 8010110000-6530
615399
LTP PD 0.00
18.07
V02686
V02686
BOISE CPSCADE OF 8010110000-6530
BOISE CSSCAE OF 8010110000-6530
615399
615399
bP363437-PAD
686-RYB-TABS FD 0.00
680-9 TAPE Sf PD0.00
8.42
2.29
V02686
BOISE CASOF 8010110000-6530
615399
93502 FOLDVR, FD 0.00
10.62
kvx,R
V05659
V05659
V05659
ITB SERVICES LLC 8010125000-6805/505400-6805
ME SERVICES LLC 8010125000-6815/505700-6815
UU SERVICES LLC 8010125000-6625
4060L
4060L
4060L
MAIIdI S� 6TH PD 0.00
M4II�IP 112E F PD 0.00
WE /428N S PD 0.00
56.00
168.00
56.00
PEIDUipai
0.00
d:
280.00
Total:
280.00
V00331
FEE RAT EXFFMS 8010125000-6399/502801-6399
475958819
117052788 FD 0.00
12.85
PEID
0.00
Paid:
12.85
Total:
12.85
V07068
ICY GLOW 8010110000-6399
704
GITIRACP EMW DYE FD 0.00
9,718.75
PEID d:
0.00
d:
Total:
9,718.75
9,718.75
V06885
HYalLOQ)E INC. 8010125000-6650/505405-6650
249901
PROTIDE FMCS PD 0.00
1,440.00
FMd:
0.00
Paid:
Total:
1,440.00
1,440.00
V00227
MDORE IAM PM G 8010125000-6399/502801-6399
0014798
PROlITE PLAN AVE PD 0.00
4,778.90
PEID Cyd
0.00
Paid::
'Ibtal;
4,778.90
4,778.90
V01582
NEXIm QNMNICA 8010110000-6915
635925025010
Utilities/iEdeph FD 0.00
112.77
City of Azusa HP 9000 07/30/03 O P E N H O L D D B LISTING By PersWEntity Nine Page 2
M), JCB, 30, 2003, 7:48 AM --req: RC5E ------ leg: GL JL--loc: BI -TECH ---job: 254033 ##J2139 --- prcg: CH400 <1.34>--xepert id: CHFL'R202
SECFICP
FUND Axles: 80-82 ; GL Posting Dates: 070102-063003
Check Issue Skates:
071103-072403
PE ID
FE Nitre ACJ= NCN1BFR / JOB NLNEFR
Invoice Nor
D' icn St Disc. Arta.
V01582
AEXM CU44- VICA 8010110000-6915
635925025011
Utilities/'Ihleph PD 0.00
FM d:
Paid:
TotAl :
V06703
V06703
PFCF PPJ= 8010125000-6399/502801-6399
FFOFC[M PRINPIN 8010125000-6399/502801-6399
0660000689
0660000689
PWIPM F/PLN PM PD 0.00
PLN PMND L'IR rVAI PD 0.00
FEIDUTr dd:
Total:
V00388 VERIZ2(GIE) 8010110000-6915
062803A 626-1970578
20726 Utilities/.Peleph
101.10
0.00
213.87
213.87
428.09
770.80
0.00
1,198.89
1,198.89
48.68
0.00
48.68
48.68
GRAND T OTA Lpyid: 17,739.34
'Ibtal: 17,739.34