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HomeMy WebLinkAboutAgenda Packet - November 17, 2003 - CC MAP AGENDA CITY COUNCIL, THE REDEVELOPMENT AGENCY, AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSA AUDITORIUM MONDAY, NOVEMBER 17, 2003 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL CRISTINA C. MADRID MAYOR DIANE CHAGNON JOSEPH R ROCHA TAAYORPRO EMPORE COUNCILIVIEMBER DAVE HARDISON DICK STANFORD COUNCILMEMBER COUNCILMEMBER I. CLOSED SESSION A. REAL PROPERTY NEGO Address: 0 N. Alameda Avenue Azusa9CA 9,1702 Agency Negotiators: City Manager Cole, Assistant City Manager Person and Economic/Redevelopment Director Hennessey Under Negotiation: Price and Terms of Payment B. CONFERENCE WITH LABOR NEGOTIATORS (Gov Code Sec. 5495 76 Employee Organizations: APOA and APMA 7:30 p.m. - Convene to Regular Meeting of the City Council. • Call to Order • Pledge to the Flag • invocation - Reverend Leroy of the First Assembly of God Church. • Roll Call (4'44:41.40-) ,444.4 AZUSA CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RANDY NORIEGA, DIRECTOR OF PARK PLANNING AND DEVELOPMENT VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 17, 2003 SUBJECT: REQUEST TO AMEND THE 2003-04 CAPITAL IMPROVEMENT BUDGET BY ADDING TWO PROJECTS UNDER THE HEADING OF "SLAUSON PARK IMPROVEMENTS". THE TWO PROJECTS ARE; BASKETBALL AND VOLLEYBALL COURT SURFACING AT A BUDGET OF $4,500.00, FUNDED THROUGH THE MOUNTAIN COVE COMMUNITY FACILITY DISTRICT PARK IMPROVEMENT FUND. THE SECOND PROJECT IS TO REMODEL THE EXISTING RECREATION MEETING ROOM PUBLIC RESTROOMS AT A BUDGET OF $23,832.00. THIS PROJECT IS FUNDED BY THE STATE OF CALIFORNIA PROPOSITION 40 ROBERT Z'BERG HARRIS BLOCK GRANT FUNDS. RECOMMENDATION: It is recommended that City Council amend the 2003-04 Capital Improvement Budget by adding two projects under the heading of"Slauson Park Improvements". The two projects are; Basketball and volleyball court surfacing at a budget of $4,500.00, funded through the Mountain Cove Community Facility District Park Improvement Fund. The second project is to remodel the existing recreation meeting room public restrooms at a budget of$23,832.00. This project is funded by the State of California Proposition 40 Robert Z'Berg Harris Block Grant Funds which requires City Council to recognize $23,832 in revenue and to appropriate it to account 22800001607130/42003E (revenue account) and authorize expenses from account 22800001604592/42003E (expense account). BACKGROUND: Due to miscommunication between the Deputy City Manager and the Director of Park Planning and Development this Capital Improvement Project was omitted from the 2003-04 Capital Improvement budget adopted by the City Council. These projects are identified park improvements recommended in the draft Park Master Plan. These improvements will continue on the Azusa Park Renaissance movement to create places for children to develop and families to prosper. FISCAL IMPACT: These projects are funded in full by non general fund sources. The Slauson Park court surfacing is funded at $4,500.00 by the Mountain Cove Community Facility District Park Improvement Fund atm $23,832.00 by the State of California Proposition 40 Robert Z'Berg Harris Block Grant. • 03-201 FY 2003-2004 Capital Improvement Program Slauson Park Improvements Total Appropriated FY 2003 Estimated Through Adopted Adopted To 2004 Priority Description Cost FY FY FY Estimated Cost Slauson Park Improvements $28,332 $28.332 Court Surfacing and Restroom Remodel Court Surfacing $4,500.00 Restroom Remodel $23,832 DESCRIPTION: Project#1-Athletic court surfacing, surface two outdoor basketball and one volleyball concrete court. Install one set of volleyball net posts. Project#2-Remodel the Recreation meeting room park public restroom. Replace toilets, urinal and wall and floor tile. JUSTIFICATION: This park improvement project meets the Draft Park Master Plan and the Draft General Plan goal of improving the existing park facilities. SCHEDULING: Court surfacing project. January 2004. Restroom Remodel, January 2005. RELATIONSHIP TO GENERAL PLAN: This project meets the General Plan goal of improving the existing park facilities. SPECIAL CONSIDERATIONS: Surfacing project is funded by Mountain Cove CFD. Restroom Remodel is funded by Proposition 40 RZH Grant. OPERATING BUDGET IMPACT: No Impact I us MO AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 17, 2003 SUBJECT: APPOINTMENT OF ALTERNATE REPRESENTATIVE TO THE GOLD LINE JOINT POWERS AUTHORITY RECOMMENDATION It is recommended that the City Council appoint one of its members as an Alternate to the Gold Line Joint Powers Authority. BACKGROUND The Gold Line Joint Powers Authority (JPA) was recently formed in order to work with the Blue Line Construction Authority to oversee the Phase II extension of the Gold Line light rail system from Pasadena to Montclair. Membership in the JPA would include all the Phase II cities, as well as the Phase I cities. The City Council recently appointed Councilmember Dick Stanford as the City's representative when Council approved the JPA Agreement. However, no Alternate was appointed. FISCAL IMPACT No fiscal impact is anticipated by this action. • SAX) app/(711 • , , bi(1 &/j" /1(:)1 w If. PUBLIC PARTICIPATION 1 Person/Group shall be allowed to speak without Interruption up to Hwe (5)minutes, subject to complAince wltfi applkabk meedr;g rules. I Questions to the speaker or responses to the speaker's questions or comments, sha//be handled after the speaker has completed his/her comments. Public Parddpadon w/I/be limited to sixty(60) minutes. A. Mr. Jerry Martinez to address Council regarding flags. Ill. REPORTS. UPDATES, PENDING ITENIS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF A. Mayor Pro-Tem Rocha - to announce the Holiday Food Drive. B. Consideration of appointment of Alternate Representative to the Gold Line Joint Powers Authority. AftmalxG une.do C IV. CONTINUED ITEMS A. CONTINUED PUBLIC NUISANCE APPEAL- for the property located at 832 N. Azusa Avenue. Recommendation: Conduct the Informal hearing, deny the appeal and confirm the order to abate a public nuisance. PubNuKLastChanceS aloon.DOC V. CONSENT CALENDAR The Consent Calendar adopt/ng the printed recommended actions will be enacted with one vote. if Staff or Councllmembers wish to address ary item on the Consent Calendar Individually, It wIA be considered under SPECIAL GALL ITEMS. A. Approval of Minutes. Recommendation: Approve minutes as written. M1n0ct20.doc MlnOct20.doc 11/17/03 PAGE TWO 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). HUmanReskfionite ms.doc C. V r val of F1nal Maur fTeM MA,No�271roDertv 08 and authorize its recordation.ted at 110,,iiii''i, 11,119 Tenth Street. Recommendation: App P Tradt4ap27108.doc D. Resolutions aoaointinst members to various City Boards and Commissions: Recommendation: Adopt Resolutions Nos. 03-C84-03-C91. 1. Resolution re-appointing Margaret Barcelo to the Architectural Barriers Commission. 2. Resolution appointing Ruben Barrios to the Architectural Barriers Commission. 3. Resolution re-appointing Claudia Owens Shields to the Human Relations Commission. 4. Resolution re-appointing Rick Mac Donald to the Human Relations Commission. 5. Resolution appointing Rosemary Agabra to the Library Commission. 6. Resolution appointing Alberto Prado to the Park and Recreation Commission. 7. Resolution re-appointing Jacob Bushey to the Personnel Board. 8. Resolution appointing Dixon James to the Planning Commission. ^2003 Resp Appt Brds&Comm.dW E. The City Treasurer's Report as of October 31. 2003. Recommendation: Receive and file report. F. Amendment to Professional Servs m1111nt n the CI f Azusa and Hunsaker and Associates. Recommendation: Approve the amendment to the professional services agreement between the City of Azusa and Hunsaker and Associates, in the amount of $18,500.00, for additional work imposed by Caltrans in connection with the San Gabriel River Bike Path Project. 1 Hunsaker-Blk Wath.D OC 11/17/03 PAGE THREE G. Resolution authorl7Jrdz the execution of aant ment urea jobs HousingBalance Program Grant from the State of Callf mla. Department of Housing and Community Development. Recommendation: Wave further reading and adopt Resolution No. 03-C92. "FINAL)l.doc^ H. Strategic Economics, General Plan Econ=lc Consultant. Contract and Budget Amendment. Recommendation: Approve the amendment to Strategic Economics contract and budget for an expanded General Plan economic analysis and policy formulation process. 'strategk economic contract amendment. 1. New Azusa C&Library Cyde 3 Application CIP Budget Amendment&Professional Services Agreement. Recommendation: 1) Approve the professional services agreement with DJT Consulting Group for an amount not to exceed $20,000. 2) Approve an amendment to the 20042008 Capital Improvements Project (CIP) Budget in de-funding $68,000 from the Street Beautification Account and transferring this amount to the New Library Construction Account. IR 'FINAL LIBRARYDW j. Resolution Authorizing Payment of Warrano by the Citi Recommendation: Adopt Resolution No. 03-C93. CONVENE JOINTLY WITH THE REDEVELOPMENT(AGENCY TO CONSIDER THE FOLLOWING ITEMS: 11/17/03 PAGE FOUR VI. IO1NT CITY/AGENCY ITEMS A. Elimination of Debt Incurrence Deadlines Allowed Under SB-211. Recommendation: City Council and the Azusa Redevelopment Agency Board (hereinafter referred to collectively as "Council") adopt the attached resolutions, introduce and conduct the first reading of the ordinances approving; 1-the elimination of debt incurrence deadlines allowed under SB-211,for the Merged Central Business and West End Redevelopment Plan, and the Ranch Center Redevelopment Plan; and 2-the City's election to receive tax increment pass-through allocations pursuant to Section 33607.5(b) of Redevelopment Law. 1. Waive further reading and adopt Resolution No. 03-1140 (Agency) recommending the City Council adopt an ordinance eliminating the debt Incurrence deadlines for the Amended and restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Project Area. 2. Waive further reading and adopt Resolution No. 03-R41 (Agency) recommending the City Council adopt an ordinance eliminating the debt_Incurrence deadline for the Redevelopment Plan for the Ranch Center Redevelopment Project Area. 3. Waive further reading and adopt Resolution No. 03-C94 (Council) electing to receive allocations of tax increments from the Merged Central Business District and West End Redevelopment project. 4. Waive further reading and adopt Resolution No. 03-C95 (Council) electing to receive allocations of tax increments from the Ranch Center Redevelopment Project Area. 5. Waive further reading and introduce proposed ordinance amending the Redevelopment Plan for the Merged Central Business District and West End Redevelopment Project Area. 6. Waive further reading and introduce proposed ordinance amending the Redevelopment Plan for the Ranch Center Redevelopment Project Area. Wl JnmcrososMand JntCCresosRandce JntCRA-aWknDebt Jn*rds0DwesffM westEnd.doc nter.doc JrKw.doc Ranch.DOC B. Amendment to the Reciprocal Easement Arueement for the Central Business District Parkins[ Court Protect. Recommendation: City Council and the Azusa approve the amendment enrt o tentheeRecip Rncy eciprocal (hereinafter referred to collectively as Council ) app Easement Agreement for the Central Business District Parking Court and authorize the Executive Director of the Agency to execute said amendment. JntRed� JntCRA-CWyRedpr mtlsG4mend.rtf procalEagerne alEasementAgmt.DOi ntA9 CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE 11/17/03 PAGE FIVE VII REDEVELOPMENT AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actlons will be enacted with one vote. /f Staff or Directors wish to address any Iterh on the Consent Calendar IndMdualiy, It will be considered under SPECIAL CALL ITEMS. A. AApuroval of Minutes. Recommendation: Approve minutes as written. CRAMbgd20.doc B. Selection of UBS Financial Services. Inc. Bon Under—writer for the Redevelopment AMn of the City of Azusa TaxAllocatlon Refunding,Bonds, Series 2003, Recommendation: Approve the selection of UBS Financial Services, Inc., as underwriter for the Agency's Tax Allocation Refunding Bonds, Series 2003, and authorize execution of the professional services agreement to provide bond underwriting services Including bond structuring, marketing, underwriting any unsold bonds to preserve low rates, and other financial services for bond refunding. CRA-USB.doc Vill. AZUSA PUBLIC FINANCING AUTHORITY The Consent Calendar adopting the printed recommended action will be enacted with one vote. if Staff or Directors wish to address any item on the Consent Calendar IndMduahy, it will be considered under SPECIAL GALL ITEMS. A. Approval of Minutes. Recommendation: Approve minutes as written. "APFA-October 20.doc" B. Selection of UBS Financial Services, Inc. the Bond Underwriter for the Refinancingof the Azusa Public Financing Authorft 1994 Certlog—atm 9f Participation. Recommendation: Waive the formal request for qualification process a d approve the selection of UBS Financial Services, Inc., as underwriter for the Authority's 1994 rtificates of Participation, and authorize execution of the professional services agreement to provide bond underwriting services including bond structuring, marketing, underwriting any unsold bonds to preserve low rates, and other financial services for the bond refunding. ISI APFA-UCS.doc 11/17/03 PAGE SIX DL ADJOURNMENT A. Adjourn to Monday, November 24, 2003, at the Azusa Light and Water Department Conference Room, immediately following the Utility Board Meeting, approximately 8:00 p.m., in order to conduct a MAP (Management Action Program) Workshop. In compliance with the Americans w/tfr D/sabi/Ides Act, ifyou need special assistance to pardclpate In a city meeting please contact the City Clerk at 616-812-5229. Nodflcatlon thfee (3) working days prior to the meeting when special services are needed will assist staff/n assurlgg that reasonabk a7argements can be made to provide access to the meeting. 11/17/03 PAGE SEVEN • 1 AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 17, 2003 SUBJECT: APPOINTMENT OF ALTERNATE REPRESENTATIVE TO THE GOLD LINE JOINT POWERS AUTHORITY RECOMMENDATION It is recommended that the City Council appoint one of Its members as an Alternate to the Gold Line Joint Powers Authority. BACKGROUND The Gold Line Joint Powers Authority UPA) was recently formed in order to work with the Blue Line Construction Authority to oversee the Phase it extension of the Gold Line ligbt rail system from Pasadena to Montclair. Membership in the JPA would include all the Phase 11 cities, as well as the Phase I cities. The City Council recently appointed Councilmember Dick Stanford as the City's representative when Council approved the JPA Agreement. However, no Alternate was appointed. FISCAL IMPACT No fiscal impact Is anticipated by this action. 1 r17A I =mole INFORMAL HEARING TO: MAYOR AND CITY COUNCIL MEMBERS FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR RICK COLE, CITY MANAGER DATE: NOVEMBER t 7, 2003 SUBJECT: PUBLIC NUISANCE APPEAL FOR 832 N. AZUSA AVE RECOMMENDATION It is recommended that the City Council deny the appeal and confirm the order to abate a public nuisance. BACKGROUND The property at 832 N. Azusa Ave. is a commercial "C-2" zoned property occupied by a business named "The Last Chance Saloon% The property was declared a public nuisance on October 1, 2003, due to numerous building, electrical, and property maintenance violations (copy attached). On September 10, 2003, an Inspection of the property was made following complaints of cast-off items and debris in the alley made by the Public Works Department. Inspection of the property revealed an abandoned refrigerator, and other debris, along with a dilapidated storage building at the rear of the business. The storage structure is exhibiting signs of structural failure due to dry rot and termite damage. This structure appears to be built on existing asphalt and no footings are evident. While inspecting the storage area, water was observed draining from the roof. Inspection of the roof revealed an accumulation of water forming a small pond on the roof attributed to a leaking roof-mounted evaporative cooler, and an unpermitted Improperly installed roof covering. The building exterior also exhibited signs of inadequate maintenance, Including; incomplete painting, graffiti, loose fascia boards, a missing electrical Junction box cover, damaged/missing exterior lighting, damaged/missing parapet capping, and an un-maintained parking lot. Inspection of the building interior revealed extensive use of extension cord wiring being used In place of permanent wiring, improperly Installed pressure relief valve on the water heater that is missing a required pipe termination, and missing water heater turn-off valve. The women's restroom also exhibited signs of water damage In the roof area, and a circuit breaker panel in the restroom hallway was found with a significant gap between the panel cover and the wall where It is Installed creating a potential electrical shock hazard. 1 Specific conditions and violations are depicted in the following photographs: Dilapidated rear storage shed and Sample of unpermitted extension cast-off refrigerator. cord wiring Inside building. Photo of unpermitted roof covering and water ponding. The appellant is claiming economic hardship as a basis for the appeal. However, public health and safety for customers, employees, and nearby property owners are in Jeopardy if left un-corrected. Staff estimates the cost of repairs at approximately $10,000. The repairs would consist of Qlemolishing the existing storage shed, re- roofing the main building with a built-up hot mop roof covering with parapet caps, removing all extension cord electrical cord wiring, re-painting the building exterior, and making small miscellaneous repairs to corr�ct electrical and plumbing hazards. 2 FISCAL IMPACT Should the owner advance this issue to Superior Court, unbudgeted legal expenses may occur as a result of city legal representation. Attachments: Public Nuisance Declaration dated October 1, 2003 3 PUBLIC NUISANCE/CONFIRMEQ COSTS APPEAL' OWNER(S) 4T'ATVERN 1"' El1 i a7-r ADDRESS k?02 GRAnTLA✓n .DR - '732 Y' 4zu A 7a Arn PHONE NUMBER 9c�4 7 4f 7--f (HOME) /2 6 .33 9-75- a- (WORK) CELLULAR NUMBER 61,' /,"V C:j 9/ E-MAIL ADDRESS KSS/- FQ A---,I.cV in CITY CASE NUMBER 612- C-N y&Cl ASSESSOR'S(NUMBER 96 09' 2,5% 1 PROPERTY DECLARED A NUISANCE -V3 Z2 ." 194,k,509 R✓f X7. 7- 9-5',9 GROUNDS FOR APPEAL: (Nob: Spedk reapro for appeal mu ogpin at any auppwft*vkMm era ro**oa SIGNATURE APPEAL FILED WITH CITY CLERK ON: COUNCIL HEARING DATE SET FOR: 11X31,0/ OWNER NOTIFIED OF HEARING DATE ON: ZZ)A L CIxFwS OFFICESTAFF MEMBER � f The City of Azusa October 1,2003 Katberin E.Elliott 5302 N. Grantland Drive Covina,Ca.91722 Subject: Declaration of Public Nuisance and Order to Abate Property at 832 N. Azusa Avenue. Case No. 03-C 496-M Assessor No. 8608 025 011 Dear Property Owner: On October 1, 2003, at the hour of 10:00 am, a duly noticed public nuisance hearing was held to determine whether or not the property at 832 N.Azusa Avenue,constitutes a public nuisance as defined in Section 14-416 Azusa Municipal Code. pL%C PTION: 1. Debris located on the property consisting of papers, rubbish, dead vegetation and other cast off items. 3.4-235(CXl) and 14-412(3, 4 & 11) Azusa Municipal Code. 17920.30)Calif.Health&Safety Code, 1001.11 Uniform Housing Code as adopted in Section 14-1 Azusa Municipal Code. 2. Structure, requires painting due to chipping, peeling, damaged paint. 34-235(cX6) and 14-412(6)(11)Azusa Municipal Code. 17920.3(g3)Calif.Health&Safety Code, 1001.8(3)Uniform Housing Code as adopted in Section 14-1 Azusa Municipal Code. 3. Graffiti on rear of building. 34-235c 1 o Azusa Municipal Code. 4. Structure lack approved fire extinguishers. 14-412(6)Azusa Municipal Code,4-4.1 Fire Code of the County of Los Angeles(1999 Edition)as adopted in Section 30-36 Azusa Municipal Code. 5. There is no exterior lighting on the sides and rear of the property. 14 12(1)(6)(11), 14-1 Azusa Municipal Code, 1001.2(10)Uniform Housing Code (1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (a- 10)California Health and Safety Code. 6. The parking lot is not being maintained(lacks required striping,lighting,wheel stops and signage). 14-412(6), 88-1515 Azusa Municipal Code. 7. The parapet on the South/West corner of therbuilding is cracked and allowing water to enter the building. 14-412(4x6)(11), 14-1 Azusa Municipal Code, 1001.3(6)Uniform Housing Code (1907 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (b-6)California Health and Safety Code. 8. There is extensive dry rot on the fascia boards of the main building and throughout the attached wood structure in the rear of the main building. 14- 412(4)(6)(11), 14-1 4412(4)(6)(11), 141 Azusa Municipal Code, 1001.2(13)Uniform Housing Code (1997 Edition)as adopted in Section 141 Azusa Municipal Code and 17920.3 (a- 13)California Health and Safety Code. 9. There are no trash facilities on the property. 14-412(6)(11), 141 Azusa Municipal Code, 1001.2(15)Uniform Housing Cade(1997 Edition)as adopted in Section 141 Azusa Municipal Code and 17920.3 (a-15)California Health and Safety Code. 10. Faulty materials used for construction. The roof on the attached wood structure to the rear of the main building is damaged and substandard. Building posted unsafe to enter by City of Azusa Deputy Building Official. 14412(4x6)(11), 141 Azusa Municipal Code, 1001.10 Uniform Houising Code(1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (i) California Health and Safety Code. 2 • II 11. Electrical wires from the exterior monument sign to the main building (South/West comer)are substandard and unsafe. 14-412(1)(4)(6)(11), 14-1 Azusa Municipal Code, 1001.5 Uniform Housing Code(1997 Edition) as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (d)California Health and Safety Code. 12. There is extensive use of extension cords and multi connectors to the extension cords within the main building. 14-412(1x6)(11), 14-1 Azusa Municipal Code, 400 California Electrical Code, 1001.5 Uniform Housing Code(1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (d)California Health and Safety Code. 13. The circuit breaker panel in the building is loose and possible shock hazard 14- 412(1x6)(11), 14-1 Azusa Municipal Code, 1001.7 Uniform Housing Code (1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (d) California Health and Safety Code. 14. There is a water leak in the South/East corner ceiling of the ladies rest room. 14- 412(6)(11), 14-1 Azusa Municipal Code, 1001.2(13)Uniform Housing Code (1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (a- 13)California Health and Safety Code. 15. The roof of the main building was not installed to code and there is extensive ponding of water from the swamp cooler in the center of the roof. 14- 412(4)(6x11), 14-1 Azusa Municipal Code, 1001.3(6)Uniform Housing Code (1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (b- 6)California Health and Safety Code. 16. The earthquake straps on the water heater are required. 14-412(1x6)(11), 14-1 Azusa Municipal Code, 19211(a)California Health and Safety Code• 17. There is no water shut off valve at or near the water heater. 14-412(1x6)(11), 14- 1 Azusa Municipal Code, Sections 605.2 California Plumbing Code and 1001.6 Uniform Housing Code(1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (e)California Health and Safety Code- 3 18. Lack of proper ventilation equipment i�i the men's bathroom. 14-412(6)(11), 141 Azusa Municipal Code, 1001.2(7)Uniform Housing Code(1997 Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3 (a-7)California Health and Safety Code. 19. The relief valve on the water heater does not drain to the exterior of the building or other approved location. 14-412(6) 14-1 Azusa Municipal Code, Sections 605.5 California Plumbing Code(2001 Edition)as adopted in Section 14-1 Azusa Municipal Code. PRESENT FOR THE WERE: Mr. Ron Compton HEADING OFFICER Mr. Sye L. Malin COMMUN1717Y RvIPROVEMENT INSPECTOR Ms. Katherin Elliott PROPERTY OWNER M]MUTES: ff APED) DECISION: Having reviewed all the evidence in this case,testimony and having reviewed the respective documents and codes, I have declared the property at 832 N. Azusa Avenue to be a public nuisance. Subsequent to this decision I have issued the following Order Of Abatement: That all repairs, correction or other work ordered be completed within 30 days of this hearing or by October 30,2003,unless otherwise noted. 1. That all debris be removed from the property,including but not limited to,all papers, rubbish, dead vegetation and any other cast-off items within the next 7 days of this hearing or by October 8,2003. 2. That the exterior of the entire building pn the property shall be painted in a workman like manner. 4 3. That all graffiti on all sauctu es be removed or painted over. Further,that all graffiti be removed from any structure on the property within 72 hours of notification by the City. That should the property owner not remove or paint over the graffiti,the City shall remove or paint over the graffiti and charge the property owner all costs. 4. The property owner shall have all required U.L. approved, fire extinguishers (pressurized water minimum),inspected annually and replaced if empty. 5. That exterior lighting be installed so as to illuminate the exterior of the building and all required parking areas. 6. That the parking lot is to have lighting installed to code,be properly stripped,have wheel stops installed and have proper signage installed in accordance to the;City of Azusa Zoning Code. 7. That the parapet on the SoutliVest corner of the building be repaired to code. 8. That all dry rot be removed from the building and undamaged wood be installed in place of the damaged wood. 9. That a trash enclosure be installed to City of Azusa building specifications and a building permit be obtained for the installation. 10. That the structure to the rear of the main building be demolished A demolition permit from the City of Azusa is rewired. 11. That the electrical wires from the exterior monument sign to the main building be repaired or replaced to code. 12. That all unlawful extension cords on the interior of the building be removed and/or replaced with proper conductor (wires) as prescribe in the latest version of the California Electrical Code. 13. That the circuit breaker box be properly mounted and labeled. 14. That the water leak and damaged ceiling in the ladies rest room be repaired and painted in a workman like manner. 5 15. That a new roof be installed on the main building. Building permit is required. , 16. That earthquake straps be installed on the water heater to code. 17. That a proper water shut off valve be installed on or near the water heater to code. 18. That the ventilation equipment in the men's bathroom be repaired or replaced. 19. That the relief valve on the water heater be properly drained to the exterior of the building or other approved location. That should the owners or tenants fail to comply with this Order of Abatement,or any time flame, a"Notice of Substandard Property" shall be recorded with the Los Angeles County Recorders Office. That a notice of"Substandard Property" be recorded with the Los Angeles County Recorder's Office. That pursuant to Section 17980d California Health and Safety Code, the owner of a declared substandard property must register with the Los Angeles County Environmental Health Division within 10 daya after a notice of substandard conditions is recorded with the Los Angeles County Recorders Office. Failure to comply with the reporting requirements is a misdemeanor. That all building permits be obtained in accordance with the Uniform Building Code. That all repairs ordered be accomplished in a"workmanlike manner". That provisions set forth in Section 17274 California Revenue and Taxation Code be noticed to the property owner(s). That should the property owner(s)fail to comply with the Order to Abate or its stated time frames,the City of Azusa may seek legal remedy to cause compliance, including: A. Criminal(misdemeanor)or civil prosecution,including the City petitioning the Court for the appointment of a receiver pursuant to the State Housing law. B. Civil remedy by causing the work to be done and charging the costs ofrepairs against the property. C. Causing the property to be vacated and posted to prevent further occupancy until the 6 work is completed D. CHT the property to be repaired or demolished and charging that cost against the property. E. Civil fines. F. Abatement. That any and all costs incurred by the City shall be charged to the property owners) pursuant to Section 14-421 of the Am" Municipal Code pending a hearing in the relevance and fairness of the costs. APPEALS: You have the right to appeal this decision and/or Order of Abatement to the Azusa City Council(appeals form enclosed).Should you wish to appeal,you must return the completed appeals form to the Azusa City Clerk's Office on or before October 9,2003,by 5:30 PM. In the absence of an appeal this decision shall be final. Should you have any questions,please contact Sye L.Malins,at(626)812-5200 Ext 5318. Sincerely, Ron Compton DARING OFFICER 213 E. Foothill Blvd.,Azusa, Ca. 91702 Encl: Appeals Form Substandard Property Registration Requirements and Form c: File 7 vqm • CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,OCTOBER 20,2003 -6:30 P.M. The City Council of the City of Azusa met In regular session at the above date and time In the Azusa Auditorium. CLOSED SESSION Cisd Sess PUBLIC EMPLOYEE APPOINTMENT (Gov. ode Se' 549570 70 Pub Empl Title: Director of Economic DevelopmenHRecievelopment APpt CONFERENCE WITH LABOR NEGOTIATORS(Gov.Cade Sec, 54957.61 Labor Neg Employee Organizations: APMA and APOA APMA RAPOA The City Council recessed at 6:30 p.m.and reconvened at 7:25 p.m. City Attorney Carvalho advised that there was no reportable action taken in Closed Session. No Action Mayor Madrid called the meeting to order and led In the Salute to the Flag. Call to Order INVOCATION was given by City Mangler Cole. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON,STANFORD.ROCHA.CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho. City Manager Cole, Assistant City Manager Person, Deputy City Manager Gutierrez, Library Director Tovar,Director of Park Planting and Development Norlega, City Treasurer Macias.Director of Public Works Nakasone,Planning Secretary Rocha,Director of Economk/Redevelopment Hennessey,Project Manager Amador, City Clerk Mendoza,Deputy City Clerk Toscano. Ceremonial CEREMONIAL Director of Recreation and Family Services Jacobs introduced Ms.PamYugar,Superintendent of Intro P. Recreation to Council and audience. Ms.Yugar addressed Council and audience providing Yugar Information about her experience and plans for the Senior Programs for the future. PUBLIC PARTICIPATION Pub Part Mr.Art Morales addressed Council expressing concern regarding a possible street hazard at San A.Morales Gabriel Avenue below Second Street: he asked that the city look Into the Issue. He also Comments expressed his opinion regarding crime in Azusa Mr. Mark Dickerson and Mr. Tim Hootin presented CourcWnembers with framed M.Dickerson commemorative posters of City Unks 2003. They also presented Mayor Pro-Tem Rocha with b.TIrn Hootin City Links Excellence and Community Service Award and noted that a tree has been planted In Comments his honor. Councilmembers expressed thanks and offered a suggestion to combine the celebration with Make a Difference Day. Ms. Lindsey Rehfeld of Vlsitingl Angels an elderly home care facility and a faculty member of L.Rehfeld ' Azusa Pacific University. 1 She stated that they have partnered to bring Comments Angels Sing to senors in the surrounding cities, which Is a Christmas Caroling event. She ` detailed the event and for more Information the web site Is: angelcargiving.corn and the deadline for the registration"the event Is November 10° Ms.Peggy Martinez of Downtown Business Association announced that DBA and Chamber of P.Martinez Commerce are co-hosting the Azusa School Board candidates forum,on Wednesday,October Comments 22,2003,from 7 p.m.to 9 p.m'I in the Azusa Auditorium. The candidates are: Burke Hamilton, Joe Torres, and Ilene Ochoa. She stated that the DBA also has a fund raiser which is a Christmas Caroling event In the downtown area. She stated that a new fund ralser is going to be the sale of Christmas omahsents depicting miniature downtown light poles and punk benches,etc.for S 10 each. For further Information call: 812-5818. City Treasurer Udell Macias talked about Results Based Budgeting,which Is re-evaluating and U.Macias looking at City expenses and revenues from at a different angle. He stated that that there are Comments seven community members on the committee and announced that community meeting will be Results Based held on October 22w. Paramotant school,October 25m, at Mountain Cove,October 291°at Budgeting Valleydale school,October 30'^at Magnolia school,November 0 at Center school,November Sm at Foothill School, and on November 8'"at the Light and Water Building at 10 a.m., for further Information call city hall'Iat 812-5200. City Manager Cole announced I*hat Information regarding Results Based Budgeting meeting City Mgr dates are also on the city's web site and the Importance of attending the meetings. He urged Comments the community to egress how,much money they would like to spend and on what services. Mr.Burke Hamilton addresser Council expressing the success of the Azusa Golden Days event, B.Hamilton gave thanks to Curtis Napier.tit*Golden Days Committee,and people In the city. He reminded Comments all that he Is running for the office of Azusa School Board Member and urged all to vote and also attend the forum that will b�held. He Invited all to a party he will be having on November to at Pioneer Park from 12 noon to 2:00 p.m. He shared an experience about making people feel good about themselves that their contributions are Important. He also announced that the Election Is within the School District not only within the city boundary. Mr.Art Morales addressed Council asking for Information about the workshop with Dr.Mathis A.Morales and he suggested that the minutes have more detail. Comments C RTSUPDATES OUNC11 OUSIN c ND ANNOUNCEMENTS-STAFF RpWUpdates Councilmenber Chagnon- Update on Downtown Business Association (DBA) request for Chagnon special permit for the year to *flow periodic sidewalk sales events. She advised that the DBA following has been recommended: That the DBA would be the one for whom the special event Permit is Issued,and they would determine who would be allowed to come under the permit, the designated area would be from 51°up to 9m street on Azusa Avenue,there will be one fee with one application for the year!in the amount of$600,for a standard area and the DBA will provide details of the event a minimum of 2 weeks prior to each event to the City so that they may be aware and ensure that RI does not conflict with any other events/activities. Discussion was held between Cbtmdlmembers and Ms.Martinez regarding the intent of the Discussion special events permit and criteria with standards for all who will be selling on the sidewalk during the events, the process, methodology and community partnerships. City Aftomey Carvalho advised that the proposed agenda Item regarding the subject would be ready for the first meeting in November. Counciimembers set time,date, ind place to hold City Board and Commission Interviews for Time,Date Thursday, November 61°,6:30 p.Ti.-8 p.m.Light and Water Conference room. Brd Intvs Councilmember Chagnon read a letter to the Library Construction and Renovation Board Chagnon regarding Library Bond Act fundir g expressing the need for a new Library in the Oty and urged Comments all in the community to sent their etter to the Board and that copies are available. She thanked the members of the Planning Coi nmlsslon for their great work on the Reyes property,stating that they did a fine job and espe4 lally Keith Hanks,for his observations,etc. Mayo Pro-Tem Rocha thanked Ramirez and the Golden Days Committee for a great week Rocha of Golden Days events and state that the Korean veterans were delighted at being recognized Comments In the parade. He asked that the'.meeting be adjourned In memory of Andrew Rojas. 10/20/03 PAGE TWO F Councilmember Stanford also thanked Golden Days Committee for a great job,with spedtl Stanford thanks to Curtis Napier,who obtained the services of and personally funded the nine bands that Comments performed at the Golden Days event. He asked to be excused from arty events that may be held within the next week a he will be on a second honeymoon In Hawaii. Further,with regard to the Gold Une 11,he announced that he has asked Rick Coit to be on a committee to work on the Memoranda of Understanding with the existing Construction Authority. Mayor Madrid thanked all who worked on the Golden Days events,she stated that they were Madrid great. She Invited all to the Azusa Haunted House at the Foothill Shopping Center and also Comments Invited all to the Results Based Budgeting meetings. CONTINUED ITEMS Cont Items Fiscal Year 2004-2108 Capital Improvement Prowam Budget FY2004-08 CIP Assistant City Manager Person addressed the issue presenting the CIP Budget and noting that Assistant Attachments A. B. C and D, address questions posed at the last Council meeting regarding City Mgr dollars appropriated through fiscal year 2003,identifying projects that no longer appear In this Comments years budget, but were In last years, and three additional projects that were Inadvertently missing but have been added. He stated that the CIP budget Is a IMng document that will be amended,updated from time to time. Moved by Councllmember Chagnon, seconded by Mayor Pro-Tem Rocha and unanimously CIP Budget carried to adopt the fiscal year 2004-2008 Capital Improvement Program(CIP)Budget,which Approved. Increases appropriations for projects In the amount of 53,982,512 as identified In Attachment A- This does not Include the Light and Water projects that were previously approved by the Azusa Utility Board on September 22, 2003; and approves a budget amendment decreasing $87,500 In Proposldon 12 funds and$32,500 In Mountain Cove CFD funds In the Memorial Improvements project(42003B)and approves a transfer of$350,000 from the General Fund un-appropriated fund balance to the Capital Improvement Program(CIP)fund. SCHEDULED ITEMS Sched Items THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLYAT 8:37 P.M. Cncl/CRA TO CONDUCT THE FOLLOWING JOINT PUBLIC HEARING: Convened jntly JOINT PUBLIC HEARING - regarding a Disposition and Development Agreement with Sy joint Pub Hrg Development Corporation, for the redevelopment of agency property kxated at 6(9/621 N. Sy Development Azusa Avenue(Talley Building). 619/621 N. Azusa Ave. The Mayor declared the Hearing open. The City Clerk read the affk krAt of proof of publication Talley Bl4 of notice of said Hearing published In the San Gabriel Valley Tribune on October 6 and 13, 2003. EconomidRedevelopment Director Hennessey,conducted a power point presentation,In which Hennessey he explained that the overall purpose of the project, known as Talley Properly Project, Is to Comments create a first class retail space and a residential mix-use In the downtown area. As part of this process,they have undergone a project to rehabilitate the building standards outlined by the Cultural and Historical Landmark Commission, in which the primary element will be the maintenance of this facade. This project Included the removal of the Light and Water Bullding. He presented a site plan that showed the first Boor of the building with to be used for retail and restaurant:second floor to be residential; and third floor loft apartments. This site plan was made based on public Input. The cost and funding for this project was explained. The benefits for the City will be:to create a standard for future developments,create first quality residential and retail space,and a historic building In downtown will be restored. Mayor Madrid addressed the Hearing regarding CEQUA guidelines and how the changes would Madrid affect the building's originality, and if it should be photographed and archIved for historical Comments purposes. Mr. Hennessey responded that the mitigated negative declaration was approved. Historical and that efforts were being made to keep the originality of the building. Mayor Pro-tem Rocha addressed the Hearing expressing his concern regarding parking Rocha availability once the project is finished. Mr.Hennessey responded that they do not fed this will Comments be a problem at the conclusion of the project. However there are Intentions to commission a Parking parking study six month to a year after the project has been finished to be sure that the parking In this area is not crowded. Counclimember Hardison address the Hearing expressing concerns on common thread for Hardison downtown Brea brick structure. He asked that the city save the one from the building. Comments 10/20/03 PAGE THREE Ms.Peggy Martinez addresserlIthe Hearing In favor of the project. She requested that Council P.Martlnez ' approve the project,and thanked the Planning Commission for all their work in moving forward, in favor of ' Cultural and Historical Preservation Commissioner.Mark Ades,address the Hearing in favor of Talley Pro]. the project. He explained that the Commission has been working together with Redevelopment M.Ades In and have come to agreements and would like to see an archival of the bulkRng. favor of Mr.Hagop Sargislan of SY Development Corporation addressed the Hearing pleased to know H.Sargislan that they are moving forward.after three and a half years of working with staff, whom he SY Dev. thanked for all the work they halve done,and also for the opportunity to be part of this project. Comments Moved by Councilmember Hardison,seconded by Councilmember Stanford and unanimously carried to close the Public Heating. Councllmember Chagnon requested a few language changes on the agreement as follows:Pg. Chagnon 26 section 3.4.1, line 10, to add Planning staff and Developer to hold regular progress request meetings. Pg.27 section 3.4.31t to add the City's Planning Department to cooperate In efforts change to obtain waivers of requlrem"of alternative Plans. Pg.30 section 3A.6,to add designee to Agmt approve the landscaping plan, not just Mr. Bruckner. However Staff explained that this approval Is based only to the L-M of the Department Head and a designee could not be added. City Attorney Carvalho stated that If the Agency Board finds that the additional mitigation S.Carvalho measure Is necessary In order to mitigate the Impacts to a level of Insignificance, then the comments Board would add a second mitigation category called Cultural Resources,and the mitigation measure would be to archive the Inside and outskde wall with photographs and video tapes, timing would be prior to commencement of construction or prior to pulling the building permits that would be monitored by the Gty of Azusa Economic Development Department. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE Res.03-R38 DISPOSTION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENTAGENCYOF Sy Dev.DDA THE CITY OF AZUSA ND SY DEVELOPMENT,A NEVADA CORPORATION. Moved by Cmuncilmember Chagnon,seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency. AYES: BOARDMEMBERS: HARDISON,STANFORD, ROCHA,CHAGNON,MADRID NOES: BOARDMEMBERS: NONE ABSENT. BOARDMEMBERS: NONE Councllmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING SALE OF REAL Res.03-C81 PROPERTY(PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33421.1,33433 Sale of Porp. AND 33445) IN CONJUNCTION WITH THE DISPOSTION AND DEVELOPMENT AGREEMENT re Sy Dev.DDA BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUS AND SY DEVELOPMENT,A Taney Proj. NEVADA CORPORATION. Moved by Councilmember Chagnon, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council. AYES: COUNCILMEMBERSj HARDISON,STANFORD, ROCHA, CHAGNON.MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS; NONE Moved by Councilmember Chalon, seconded by Councllmember Hardison to a Mitigated Negative Declaration and Mltlg, n Monitoring Program for the redevelopment of the Agency property. i THE REDEVELOPMENT AGENLI'�RECESSED AND THE CITY COUNCIL CONTINUED AT 8:58 CRA recess P.M. PUBLIC NUISANCE APPEAL-for property located at 326 N.Azusa Avenue and request togrant Pub Nuis for a six(6)month for a continuance. Appeal 326 N. Azusa,L Councilmember Chagnon questioned the six months continuance and asked If It could be 3 Harrkrger months. 10/21/03 PAGE FOUR Mr. Michael Obrand.Attorney for Mr. Larry Harringer, property owner responded that I& K()brand L Harringer Is debating on doing a small Minor Variance vs.Major Variance due to the cost. After C9mrnents speaking to Mr.Rudtsel,Community Improvement Manager,and looking Into other akmiatives, they realize that three months Is not enough time to come to a resolution. They fed that six months Is a sensible time. Moved by Councilmember Stanford,seconded by Coundimember Chagnon and unanimously Contd for carried to grant a six(6) month continuance as requested by the property owner to correct 6 mos. alleged violations. Councilmember Chagnon address the Item regarding Refuse Rate Adjustment to Cover Landfill Refuse Rate Cost Increases,requesting an explanation on the amounts being presented for change. Adjust. City Manager Cole responded stating that the City Is required under the long term refusal R Cole contract to pass certain cost to the consumer. This cost Is for materials that are not being Comments recycled or burned. Because the franchise fees go up on this particular waste, so do the Rate Adjust. consumer fees,who will eventually end up paying for this cost. Councllmember Hardison commented that these Increases are susceptible to be Increased,and Hardison It is done throughout other cities. comments Councilmember Stanford offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE FIFTH Res.03-C82 AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARARELIANENTERPRISES TO Refuse Rate AMEND THE SERVICES RATES AND FEES FOR FISCAL YEAR 2003-2004. Adjust Moved by Councilmember Stanford,seconded by Councilmember Hardison 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 Moved by Councilmember Stanford,seconded by Counclimember Hardison,and unanimously Refuse Collect carried,to approve a budget amendment to the Refuse Collection Account In the amount of acct budg amend $47,000 and recognize$5,800 In new revenue to the General Fund from Franchise Fee. The CONSENT CALENDAR consisting of Items VII-A through VII-H was approved by motion of Consent Cal Councilmember Chagnon,seconded by Councilmember Stanford and unanimously carried,with VII-C Spec the exception of Items VII-C, which was considered under the Special Call portion of the Cali Agenda. A. Minutes of the regular meeting of October 6, 2003,and Adjourned Regular Meeting of Min Appvd August 11,2003,were approved as written. B. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: M.Guadagnlno,R.McMinn,R.Montague, Items R.Gardea,Jr. and J.Sanchez. Separations: M.Starkey, Police Dispatcher and L.Gallegos,Police Officer. C. SPECIAL CALL ITEM. Sepc Call D. Approval was given to Increase the professional service contract purchase order with RIM RJM Design Design Group by$3,600,and approve a budget transfer of$8,500 from Park Planning and Group, Park Development account#122-800-00-420-6345/420031-6345(Consultants for Design and Planng.Dev. Architectural Services)to Park Master Plan account#12240.000-420-6345/42001 E-6345. E. The City Treasurer's Report as of September 30, 2003,was received and Ned. Treas Rprt F. The purchase of one 2004 Ford Crown Victoria Police Interceptor vehicle for use by Purchase Community Services Officers(CSO's)in the mount of$30,000 from Pasadena Ford was Crown Victoria approved, Veld PD G. The updated classification specification for Water Utility Equipment Operator was Cass Spec approved pursuant to City of Azusa Civil Service Rules Section 3.3. Water Udl Equip Operator H. The following Resolution was approved and adopted: 10/20/03 PAGE FIVE A RESOLUTION OF THE ,CIT!COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.03-C83 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CAL rr ITEMS Sepc Call Items Councllmember Chagnon explained how the Pioneer Park Play Equipment was created and how Chagnon R was funded. comments Moved by Counclimember Chagnon, seconded by Mayor Pro-Tem Rocha and unanimously Notice of carried to authorize the filing 4 the notice of completion for the purchase and Installatkrn of Comp Little the Pioneer Park play equipment as completed by Little Tyke Commercial play Systems. The Tyke project cost was$79,995. Assistant Manager Person,male a correction for the record regarding consent calendar Item R.Person VII-G, to change the drIm's',license requirement to a class A lever and to change the correct to Hazardous Materials Endorsement to Hazardous Tanker Endorsement. Rem VII-G THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:38 P.M. CRA cvned THE CITY COUNCIL RECONVENED AT 9:39 P.M. Cncl Rvned THE CITY COUNCIL RECESSED AND AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT APFAcvned 9: 39 P.M. THE CITY COUNCIL RECONVENED AT 9:40 P.M. Cncl Rvned It was consensus of Counclbnembers to adjourn to Tuesday,October 21,2003,at 6;30 P.M.to Adjourn the Azusa Light and Water Department Conference Room to conduct a workshop with Dr. 10/21/03 Mathis. L&W TIME OF ADJOURNMENT: 9:45 P.M. The meeting was adjourned In memory of Andrew Rojas Ad)In memory j Andrew Rojas CITY CLERK NEM RESOLUTION NO.2003-C84. NEXT ORDINANCE NO. 2003-07. i 10/20/03 PAGE SIX C , b. C17Y OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 3,2003 -7:30 PM. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium. Mayor Madrid called the meeting to order and led In the Salute to the Flag. Cad to Order INVOCATION was given by City Manager Cole. Invocation ROLL CALL Roll Call PRESENT: COUNCIIMEMBERS: HARDISON, ROCHA,CHAGNON,MADRID ABSENT: COUNCILMEMBERS: STANFORD ALSO PRESENT: Also Present City Attomey Morris,City Manager Cole,Assistant City Manager Person,Deputy City Manager Gutierrez,Chief of Police Davis,City Treasurer Macias,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part League of California Cities representative Mike Miller,addressed Council presenting a pian to M.Mil ler League of save local democracy. He provided a power point presentation describing what cities do with California existing revenues,how local funds are drained,the State budget crisis,how the cities are net Cities donors to the State,the Local Taxpayers&Public Safety Protection Act: Public Vote Required— Re: approval by a majority of the electorate before there are any changes to local tax revenues Taxpayers (sales, properly, VLF) and Reimbursement for Mandated Costs — clarify state's duty to b_Publicblic reimburse for a new mandated program or a higher level of service. Further,the presentation Safety Protec noted what the Act will and won't do and what we can do. He stated that Council can help by Art making a campaign contribution,being available for public appearances and adopt a resolution that officially endorses the ballot effort. Manage City Manager Cole asked what kind of analysis has been done at the local level,what kind of Co Amts time has been given to the local cities to examine the actual language and is there arty time to And concern change It if needed. Mr.Miller responded that the language was set. Mr.Cole noted that the language in the fine print freezes In place the inequitable and counterproductive local sales tax formula that local cities operate under and expressed concern regarding this. He encouraged the public to visit the City's web site which is linked to the League of California's Cities and a video which explains the impact of the State Budget Crisis to local communities. Mr.Burke Hamilton,candidate for the Azusa Unified School District Board,addressed Council B. Hamilton Comments and audience encouraging all to go to the new restaurant In town, Canyon City Barbeque (formerly EI Patio)and he also urged all to vote tomorrow In the Azusa School Board election. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF RPts/Updts -t City Assistant City Manager Person provided an update on San Gabriel River efforts stating that he CCoom ntsg received a letter from Mary Nichols,Secretary of State Resources Agency,advising that the City Grant awarde was awarded a grant for continuing purchase of land for the Wilderness Park in the amount of Wilderness P 2.017 million dollars. He acknowledged River Consultant Suzanne Avila for her grant writing proposals and application on behalf of the City. City Manager Cole announced)that additional community meetings regarding Results Based City Mgr Budgeting will be held at Center and Foothill Middle schools and with the Azusa Chamber of Announce Commerce at Azusa Light anWater. It was decided that the Chamber would meet in the RBB mtgs upstairs conference room at l Ught and Water and that the Interviews for City Board and Commission will be held downstairs. City Treasurer Macias address"Council and audience advising that the City Is looking at ways City Treas to reform on spending. He Invited all to fill out the survey card being circulated by the City that Macias places money where It is best;sulted. He explained the process. Councilmember Hardison reminded all to vote and be sure to check polling places as they have Hardison changed since the last election. Comments CounGlmember Chagnon advised that the election polling places hours are from 7:00 a.m - Chagnon 8:00 p.m. and also thanked the Chamber of Commerce and the Downtown Business Comments Association for the candidates forum which they sponsored. Mayor Pro-Tem Rocha announced that there was a tree planting on Alosta atArbys and the area Rocha was cleaned up. He InvitedI to the Veterans Day celebration on November 11, 2003, at Comments 11:00 a.m. in front of City Fill at the Flag pole. He also invited all to a play at Azusa High school endded the Mystery Mdfse and for more information call: 815-3461. He also invited all to join the Annual Food Drive that will place food collection bins at City Hall,Light and Water, Library,AUSD,and pick up dates are November 21^, December 5' , 1 r,and W. Madrid Invited all to attend the Results Based Budgeting meetings. Madrid SCHEDULED ITEMS Comments Scheel items PUBLIC HEARING-on an amendment to an existing conditional use permit C-89-20 requested Public Hrg by Vulcan Materials/Azusa Rock, 3901 Fish Canyon, to modify the conditions of approval to Vulcan Mater delete the requirement for grace separation of the existing haul road and the existing bike trail. Azusa Rock Recommendation: The appliclation has requested that consideration of this application be continued until December 15,12003. Moved by Councllmember Chagnon,seconded by Mayor Pro-Tem Rocha and unanimously Hrg Continue carried to continue consideratin of the application to the Council meeting of December 15, 12115 2003. PUBLIC NU -for property located at 832 N.Azusa Avenue. Public Nuis Moved by Councilmember Har Ison,seconded by Mayor Pro-Tem Rocha and unanimously Appeal cont carried to continue the Public Nuisance Appeal Hearing to the meeting of November 17,2003. 11/17 it was consensus to adjourn to Thursday, November 6, 2003,at 6:30 p.m.at the Light and Adjourn to Water Department Conference Room to conduct Interviews for various City Boards and 11/6/03 then Commissions and then adjourn to Monday, November 10, 2003, in order to conduct a to 11/10/03 workshop on Results Based Budgeting and on Redevelopment Department Organlzadon. TIME OF ADJOURNMENT 8:131 P.M. CITY CLERK NEXT RESOLUTION NO.2003.1084. NEXT ORDINANCE NO.2003-7. 'Indicates Stanford absent. 11/03/03 PAGE TWO 410 CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY, OCTOBER 13, 2003 -6:30 P.M. The City Council of the City of Azusa met in Special session, at the above date and time In the Azusa Light and Water Department located at 729 North Azusa Avenue,Azusa, California. Mayor Madrid called the meeting to order. Call to Order ROLL i Roll Call PRESENT: COUNCILMEMBERS: HARDISON,STANFORD,ROCHA,CHAGNON,MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Manager Cole, Assistant City Manager Person, Deputy C ty Manager Gutierrez, Assistant Director of Redevelopment/Economic Development, Redevelopment Senior Accountant jara, Community Improvement Manager Rudisel,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part None. None City Manager Cole and Assistant City Manager Person addressed Council presenting Information City Mgr regarding the MAP program and how It relates to Results Based BudgeWSgvocabulary and that R &Assistant will identify vital factors. Mr.Cole advised that this is essential in what Results Based Budgeting is City Mgr buying and he provided examples of the program and advised that someone from MAP will soon Comments come to Council to provide an update on the program. They stressed the need to Identify what the MAP/RBB price of government Is and just how much the community is willing to spend for government. City Manager Cole provided an update on the budget shortfall,noting Police department contracts. City Mgr COLA,and the expense of the contracts and PERS contribution each year:discussion was held. Comments Deputy City Manager Gutierrez provided and update on Results-Based Budgeting project stating Deputy Gty that the Consultants sponsored a meeting on October 2ntl and that the Tax Reform Task Force was Nog present and talked about their part In the project,they also spoke to the Steering Committee and Update RBB the Cabinet. She noted that Community Meetings on the project will begin tomorrow. Lengthy discussion was held regarding the process of dissemination of Information/notices of Discussion meeting on Results Based Budgeting,Le.mall,word of mouth,flyers,PIO,etc.and specifically the amount of people that will attend these very Important meetings and fill out the surveys. Deputy City Manager Gutierrez provided an update on the Tax Reform Task Force who are looking Deputy City Mg at alternative sources of funding and at ways to cut the budget as well as Issues on taxes,special Tax Reform Tax assessments,generals tax, current assessments, Le. Landscape and Ughtiig Assessment. She Force b.tax Inc stated that they are looking at proposing a general tax and explained the process. She stated that they will continue to look at options available and come back with further updates. Each Councilmembers express his/her concern regarding increasing taxes. Discussion was held. City Manager Cole noted the Redevelopment Projects that either been completed or are In process Ory Mgr and provided an update on the Foothill Shopping Center, which, he stated, a major retail Comments development will soon be brought to the table and that JARCO has pulled out of Kincaid Pit and CRA projects Foothill Center project. Discussion was held regarding the projects, specifically, Downtown Parking project and Block 36. City Manager Cole talked about the status of the Economlc/Redevelopment Director position and City Nig that It should be filled,and that with tetrement of the Community Development Director sometime Comments In the near future,suggested that CRA Director may be considered to Include the Community CRA Development Director position. He also talked about possible contracting out portions of the Departments Community Development Department,while organizing It as a non-profile and also contractiryg out the entire operating of economic development,noting that that contracting saves cost. Discussion was held. Discussion was held regafding the Tokeca restaurant and it's plans for expansion. It was consensus of Counclimembers adjourn. Adjourn TIME OF ADJOURNMENT:8:14 PAL e CRY CLERK NEXT RESOLUTION NO.03-C81 1 Ory 3/03 PAGE TWO DAIF CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MERLE WYNN,ACTING HUMAN RESOURCES MANAGER VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 17, 2003 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of understanding(s). BACKGROUND These actions, requested by department heads are brought directly to Council. These actions are not required to go before the Personnel Board. 1. MERIT INCREASE AND/OR REGULAR APPOINTMENT: UTL Feliza Cawte Office Specialist 11 Merit Inc 4143/4 10-09-03 $2,826.62 PD Tritia Divens Police Dispatcher Merit Inc 9164/3 10-29-03 $3,282.11 2. NEW APPOINTMENTS: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. LB Luivette Resto-Ometcetl Adult Education b Literacy Coordinator Pending Phy & 4321/1 Fi a rint results $3,325.18 FISCAL IMPACT There is no fiscal impact,as positions listed are funded in approved department budgets. Salary savings realized from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs. s � CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: NASSER ABBASZADEH, CITY ENGINEER/ASSISTANT PUBLIC WORKS DIRECTOR VIA: RICK COLE, CITY MANAGER�J�° DATE: NOVEMBER 17, 2003 SUBJECT: APPROVAL OF FINAL MAP (TPM 27108), FOR PROPERTY LOCATED AT 1020 W. TENTH STREET RECOMMENDATION It is recommended that the City Council approve Final Map No. 27108 and authorize its recordation. BACKGROUND Tentative Parcel Map 27108 was originally approved by the City Council on March 26, 2003, subject to conditions of approval. The Tentative Map creates 3 lots to accommodate a new, two-lot business park which is currently under construction at the southeast corner of Todd Avenue and Tenth Street, and a third-lot which will contain the new City of Azusa Light Division Facilities. This map encompasses appro)dmately 1.97 acres, and Is submitted by the owner/developer, KB.S Properties/Net Development. The Engineering Division has completed final checking procedures for the final map and has found that it is in substantial conformance with the State Subdivision Map Act and the City of Azusa requirements. The sub-divider's engineer has submitted and had approved plans of the final subdivision, the subdivision agreement, and paid applicable fees. With the technical review having been completed, and the map meeting State and City requirements, the Council's approval would be a ministerial action. FISCAL IMPACT There is no fiscal impact as a result of this item. The Developer is responsible for payment of all costs associated with processing of this map. loop4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE-APPOINTING MARGARET BARCELO TO THE ARCHITECTURAL BARRIERS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. MARGARET BARCELO having been re-appointed to the Architectural Barriers Commission by the City Council, said re-appointment Is hereby approved and MARGARET BARCELO is re-appointed to the Architectural Barriers Commission for the term expiring September 30, 2007. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to.MARGARET BARCELO. ADOPTED AND APPROVED this 17' day of November, 2003. MAYOR 1 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 17"' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING RUBEN BARRIOS N TO THE ARCHITECTURAL BARRIERS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RUBEN BARRIOS having been appointed to the Architectural Barriers Commission by the City Council, said appointment is hereby approved and RUBEN BARRIOS is appointed to the Architectural Barriers Commission for the term expiring September 30, 2007. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to RUBEN BARRIOS. ADOPTED AND APPROVED this 17th day of November, 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 17"' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: C1TY CLERK i 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE-APPOINTING CLAUDIA OWENS SHIELDS TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: CLAUDIAOWENS SHIELDS haul n SECTION 1. ng been re-appointed to the Human Relations Commission by the City Council, said re-appointment is hereby approved and CLAUDIA OWENS SHIELDS is re-appointed to the Human Relations Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to CLAUDIA OWENS SHIELDS. ADOPTED AND APPROVED this 17"' day of November, 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 17"' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE-APPOINTING RICK MAC DONALD TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RICK MAC DONALD having been re-appointed to the Human Relations Commission by the City Council, said re-appointment Is hereby approved and RICK MAC DONALD is re-appointed to the Human Relations Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to RICK MAC DONALD. ADOPTED AND APPROVED this 17th day of November, 2003. MAYOR 1 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 17th day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ROSEMARY AGABRA TO THE LIBRARY COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ROSEMARY AGABRA having been appointed to the Library Commission by the City Council, said appointment is hereby approved and ROSEMARY AGABRA Is appointed to the Library Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to ROSEMARY AGABRA. ADOPTED AND APPROVED this 17' day of November, 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 17'h day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ALBERTO PRADO TO THE PARK AND RECREATION COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ALBERTO PRADO having been appointed to the Park and Recreation Commission by the City Council, said appointment Is hereby approved and ALBERTO PRADO is appointed to the Park and Recreation Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to ALBERTO PRADO. ADOPTED AND APPROVED this 17"' day of November, 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 I r day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ROSEMARY AGABRA TO THE LIBRARY COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ROSEMARY AGABRA having been appointed to the Library Commission by the City Council, said appointment is hereby approved and ROSEMARY AGABRA is appointed to the Library Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to ROSEMARY AGABRA. ADOPTED AND APPROVED this 17'h day of November, 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 17' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ALBERTO PRADO TO THE PARK AND RECREATION COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ALBERTO PRADO having been appointed to the Park and Recreation Commission by the City Council, said appointment Is hereby approved and ALBERTO PRADO Is appointed to the Park and Recreation Commission for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to ALBERTO PRADO. ADOPTED AND APPROVED this I r day of November, 2003. MAYOR 1 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 17"' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK r RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE-APPOINTING JACOB BUSHEY TO THE PERSONNEL BOARD THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. JACOB BUSHEY having been re-appointed to the Personnel Board by the City Council, said re-appointment is hereby approved and JACOB BUSHEY Is re-appointed to the Personnel Board for the term expiring September 30, 2006. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to JACOB BUSHEY. ADOPTED AND APPROVED this 17`" day of November, 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 17'h day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DIXON JAMES TO THE PLANNING COMMISSION to THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DIXON JAMES having been appointed to the Planning Commission by the City Council, said appointment is hereby approved and DIXON JAMES Is appointed to the Planning Commission for the term expiring September 30, 2007. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to DIXON JAMES. ADOPTED AND APPROVED this 17'hday of November, 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 17' day of November, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK To: Honorable Mayor and Members of the City Council From: Uriel Macias, City Treasurer Date: November 17, 2003 "7 Subject: City Treasurer's Statement of Cash and Investment Balances for the month of October 2003 Recommendation: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of October 2003. Background: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of October 2003. City investments are made in accordance with the City Investment Policy adopted and approved with Resolution No. 02 - C97 dated, September 16, 2002 and Government Code Section 53600 et seq. The balance of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. City Treasurers Report CIN of Azusa Treasury Rook Balances-Cash 8 Investments For October.2003 (P am Maximum Accounts: AccVCul No. Deposit Allowed Amo M PMdoed Ssa HELD BY CITY TREASURER: Wall Fargo Bank General Checking 4950-041244 ND limit x 1205,268.00 FDIC up to$1 Overland was&AVM No limit x 1,467,976.06>$100,000 co Workers Compensation Checking 0606.OW318 No limit x 40,167.02 FDIC up to$1 >$I00,000 co Flexible Reimbursement 0606.55036 No limit x 12,097.30 FDIC up to$1 >$100,000 co Freddie Mac Med.Tenn Note 3128XOZN2 No limit x 3,000,000.00 Federally Spa Federal Hone Loan Note 3133MYKVB No Omit x 5,000AOO.00 Federally Spo Federal Home Loan Note 3133XOLG2 No limit x 5,000,ODO.00 Federally Spa Federal Hone Loan Note 3133MYO67 No limit x 5,000,000.00 Federally Spa Federal Home Loan Note 31339Y2X9 No Omit x 2,500,000.00 Federally Spo Fannie Mae Note 3136F2VN5 No limit x 2,000,000.00 Federally Spo Payroll Checking(swept into a ZBA account) 4159.281393 No Omit x 0.00 FDIC up to$1 >5100,000 co Cerdkate of Deposit(ISO) 300D311658 No Omit x 300.000.00 FDIC up to$t ISO holds a CerBOeate of Deposit(ISO) 1061.520284-000 No lln* x 1,975,001.22 FDIC up to$ Police Petty Cash Fund 0606-050334 No Omit x 389.12 FDIC up to$1 Wells Fargo Bank SubTotal: 27,500,509.60 Gilford Securities Acct 955921-12 Fed Home Loan Mtg Corp.(Med.Term Note) 3128X04M8 No limit x 1,994,DDO.00 Federally Spa Fed Home Loan Mtg Corp.(Med.Term Note) 3128XOKVO No limit x 2,000,625.00 Federally Spa Fed Home Loan Bank 313339XJA3 No limit x 2,003,291.67 Federally Spq Fed Nall Mtg Assoc. 3136F36H4 No limit x 1,990,080.00 Federally Spa, Local Agency Investment Fund(LAIF) 98.19-041 $40,000,000.00 x 21,996,264.16 Backed by full TOTAL HELD BY CITY TREASURER 57,484,770.43 HELD BY FISCAL AGENTS: I' US Bank(formerly State Street Bank) I Escrow Account 1211055-010 No limit x 1,602,479.98 Custodian acq TOTAL HELD BYRSCAL AGENTS 1,602,479.98 TOTAL•CITY OF AZUSA CASH b INVESTMENTS 559,087,250.41 oil lie CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RANDY NORIEGA, DIRECTOR OF PARK PLANNING AND DEVELOPMENT VIA: RICK COLE, CITY MANAGER P' DATE: NOVEMBER 17, 2003 SUBJECT: REQUEST TO AMEND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSAAND HUNSAKERAND ASSOCIATES, IRVINE INC., IN THE AMOUNT OF $18,500.00 FOR ADDITIONAL WORK IMPOSED BY CALTRANS IN CONNNECTION WITH THE SAN GABRIEL RIVER BIKE PATH PROJECT RECOMMENDATION: It is recommended that City Council approve an amendment to the professional services agreement between the City of Azusa and Hunsaker and Associates, Irvine Inc., In the amount of $18,500.00. Hunsaker is our civil engineering firm working on the Rio San Gabriel bike path project. The Hunsaker engineering plans are a critical element of our permit application to Caltrans in gaining permission to construct the project. This amendment is a direct result of additional plan work required by Caltrans not specified In their permit application. BACKGROUND: On March 3, 2003 the City entered into a professional services agreement with Hunsaker and Associates Irvine Inc., to further produce civil engineering plans to gain a Caltrans permit to construct our "Rio San Gabriel Bike Path" next to Highway 39 in the mouth of our canyon. The agreement with Hunsaker was specific to the civil engineering plans required by Caltransin the permit application check list. Prior to beginning work on the project a delegation of staff and consultants headed by Mayor Madrid visited Caltrans to clarify what was needed In our permit application. After this was negociated our consultants went to work to provide the plans and specifications required by Caltrans. On March 27, 2003 staff submitted plans and specifications along with a permit application to Caltrans for review. On May 23, 2003 we received a letter of rejection from Caltrans on our permit application. Prior to this letter of rejection staff and consultants believed all required requirements as listed in the permit application checklist. The May 23, 2003 we received a rejection letter requiring additional civil engineering plan work not originally contracted for. Because of the,extremely tight project grant fund timeline staff authorized the consultants to proceed with the additional work. Staff resubmitted corrected plans and specifications on the project to Caltrans on August 3, 2003. On September 29 Caltrans yet again issued us another letter of rejection on the project. Caltrans plan checkers required yet more clarification and additional Items not required in the first rejection letter. Staff picked up the rejected plans and yet again distributed them to our consultants to review and correct. The addition plan revisions were authorized by staff on a time and material basest. Staff is fairly confident that the next submittal of revised plans and specifications to Caltrans will result in Caltrans issuing the required permit to construct our "Rio San Gabriel Bike Project". FISCAL IMPACT: The original contract with Hunsaker and Associated Irvine Inc., was for $41,000.00. The additional civil engineering plan work fees are $16,730.00. The revised contract amount is $59,500.00. The project is funded in full by a Los Angeles County Proposition A Grant,provided by Los Angeles County Supervisor Gloria Molina and the Los Angeles County Regional Park and Open Space District, and, the Mountain Cove Community Facilities District Park Improvement Fund. 03-207 CONSENT CALENDAR ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT VIA: RICK COLE, CITY MANAGER At- DATE: NOVEMBER 3, 2003 SUBJECT: A REQUEST TO ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT TO SECURE A JOBS HOUSING BALANCE PROGRAM GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the execution of a grant agreement to secure a jobs housing balance program grant from the state of California, Department of Housing and Community Development (HCD). BACKGROUND/DISCUSSION The City applied for and was successful in the state grant released January 24, 2003 by HCD for the Jobs Housing Balance Incentive Grant Program QHBP). The program goal is to encourage new housing construction, primarily in high Job growth areas where housing has not kept pace with job growth. Any funds received must be spent on the construction or acquisition of capital assets that serve to benefit the community. At its March 17, 2003 meeting, the City Council designated the grant funds ($113,97 1) to be used for improvements to Zacatecas Park, as identified In Attachment A of the standard agreement (Contract). The City is subject to the terms and conditions as specified in the Contract. FISCAL IMPACT The City will receive $113,971 in grant funds from the State. The grant funds will be included in the capital improvement program budget for the Improvements to Zacatecas Park. Attachments: Attachment 1 - Standard Agreement Attachment 3 - Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO,AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A JOBS HOUSING BALANCE PROGRAM GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. WHEREAS, the City of Azusa, a city within the State of California, applied for and was successful in the NOFA released January 24, 2003 by the State of California, Department of Housing and Community Development(Department) for the Jobs Housing Balance Incentive Grant Program(JHBP). Funding for JHBP has been made available pursuant to the Housing and Emergency Shelter Trust Fund of 2002 (Proposition 46), and WHEREAS, pursuant to the statute,the Department is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA and program application forms, and NOW, THEREFORE,THE CITY COUNCIL OF THE CITY AZUSA HEREBY RESOLVES AS FOLLOWS: 1. The City of Azusa shall be subject to the terms and conditions as specified in the standard agreement (Contract). Funds are to be used for allowable expenditures as identified in Attachment A of the Contract. The application in full is incorporated as part of the Contract and any and all activities funded, information provided and timelines represented in the application are enforceable through the Contract. The City of Azusa hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and application package.The City of Azusa also may execute any and all instruments required by the Department for participation in the Jobs Rousing Balance Incentive Grant Program,and 2. The City of Azusa authorizes the City Manager and/or his assignee to execute in the name of the City of Azusa the application, the Standard Agreement, and all other documents required by the Department for participation in the JHBP. PASSED,APPROVED AND ADOPTED this 3rd day of November,2003. MAYOR Resolution No.: Page 2 of 2 ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof,held this day of by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: City Clerk APPROVED AS TO FORM City Attorney J _ f CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LISA A. BROWNFIELD, GENERAL PIAN PROJECT MANAGER VIA: RICK COLE, CITY MANAGER 10A& DATE: OCTOBER 22, 2003 SUBJECT: STRATEGIC ECONOMICS, GENERAL PLAN ECONOMIC CONSULTANT, CONTRACT AND BUDGET AMENDMENT RECOMMENDATION Approve the amendment to Strategic Economics contract and budget for an expanded General Plan economic analysis and policy formulation process. BACKGROUND On October 4, 1999, the City Council approved a $55,750.00 contract with the economic consulting firm, Strategic Economics, to assist City staff with the General Plan land use allocation and economic policy formulation. Since that time, the economic analyses were expanded and Strategic Economics was asked to determine an appropriate amount of commercial land use to program for the Monrovia Nursery site planning effort. This budget amendment increases the compensation by $5,000.00, not to exceed the total compensation of $60,750.00 FISCAL IMPACT The General Plan and the Environmental Impact Report is funded through a number of sources, this contract and budget amendment was anticipated to occur and was included as part of the FY2004-2008 Capital Improvements Project Budget, General Plan Update Account #902801. r ti AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND STRATEGIC ECONOMICS FOR THE GENERAL PLAN UPDATE PROGRAM The Agreement is made and entered into this 3'd day of November, 2003 by and between the City of Azusa, a municipal organization under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City"), and Strategic Economics, located at 2991 Shattuck Avenue, Suite 203 Berkeley, California 94705 ("Consultant"). RECITALS 1. The City and Consultant have entered into an agreement on October 4, 1999 for: the definition of the regional economic structure and Azusa's context; the conduct of subarea assessments for the existing conditions analysis; the evaluation of the economic impacts of the land use alternatives; and the preparation of general plan policy for the Economic Development Element in connection with the City's General Plan Update Program. 2. The General Plan Update Program, as It progressed, required expanded services in the area of economic analyses. 3. The consultant has responded to the City's needs for expanded service by providing work above and beyond the Scope of Work contained in the Original Agreement, and desires to be compensated. AGREEMENT This Agreement into entered into this 3'd day of November, 2003, by and between the City and Consultant, amends the Original Agreement as detailed below: 1. Exhibit A, Scope of Services, is hereby amended as follows: a. Task 4.0 shall read as follows: Strategic Economics will: • Analyze existing commercial land use data and determine an appropriate amount of commercial land use to be Included In the Monrovia Nursery land use program. Strategic Economics will prepare a memorandum for the Monrovia Nursery site design team summarizing Its analysis and findings. • Develop evaluation criteria for reviewing the General Plan land use alternatives. These criteria could include those typically used for evaluating such alternatives including fiscal impacts, job generation, and project development yields. • Conduct evaluation of General Plan alternatives and final land use scenario. 2. Exhibit C, Compensation, is shall read as follows: Ex4lbk C Com tion Task Compensation 1.0 Project Coordination $8,940.00 2.0 Reconnaissance/Existing Conditions R rt $30,365.00 3.0 Clde Visioning Process Part of Task 1 4.0 Generating and Evaluating Alternatives $10,190.00 5.0 General Pian Preparation $4,755.00 6.0 Environmental Review $0.00 7.0 Final Public Workshop, Adoption/Certification, and Final Part of Task 1 General Plan/EIR Documents 8.0 Zoning Code Revision $0.00 Direct Costs travel, data purchase, etc. $6,500.00 Total $60,750.00 CITY OF AZUSA STRATEGIC ECONOMICS By. By: Cristina Cruz-Madrid Dena Belzer Mayor Principal Attest: City Clerk Approved as to form: Best Best &Krieger LLP City Attorney 100r, AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALBERT TOVAR, LIBRARY DIRECTOR VIA: RICK COLE, CITY MANAGER �, ( DATE: NOVEMBER 17, 2003 SUBJECT: NEW AZUSA CITY LIBRARY CYCLE 3 APPLICATION - CIP BUDGET AMENDMENT &PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION It is recommended City Council: 1. Approve the attached professional services agreement with DJT Consulting Group for an amount not to exceed $20,000, and; 2. Approve an amendment to the 2004-2008 Capital Improvement Projects (CIP) Budget in defunding $68,000 from the Street Beautification Account and transferring this amount to the New Library Construction Account. BACKGROUND As a result of unsuccessful funding efforts in Cycle 1 and Cycle 2 of the Library Bond Act, the City of Azusa has one more chance to apply for funds in Cycle 3, the last round in the Library Bond Act of 2000. It is expected that Cycle 3 will be the most competitive of all three rounds as over 100 applications are expected and only $91 million will be available. The City of Azusa's application in Cycle 2 was for $16.3 million and this amount will be adjusted for inflation in Cycle 3. Logistically, due to the January 16, 2004 deadline, there is no time to make major revisions to the project. In order to accelerate our preparation for the filing deadline and to be more competitive, staff has identified DJT Consulting Group - an Oakland based company. DJT has worked with three libraries on their Library Bond Act applications. All three proposals were funded. For one client, they were able to move their application from an "acceptable" rating to getting funded and having "outstanding" and 'very good" ratings in the second application round. This vendor/consultant is considered "sole source" as Library Department staff cannot identify any other consulting agency with such a successful track record. FISCAL IMPACT Funds for this professional services agreement have been identified in the CIP Budget Amendment for the New Azusa City Library. A total of $68,000 is being requested to cover all anticipated consulting and real estate transactions for the Cycle Three application process. The recommended defunding of the Streets Beautification will leave a balance in that account of $82,000. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT LIBRARY BOND ACT APPLICATION CONSULTING 1. PARTIES AND DATE. This Agreement is made and entered into this 18th day of November 2003by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard,Azusa, California 91702- 1295 ("City") and DJT Consulting Group with its principal place of business at 61016th Street, Suite 413, Oakland, CA 94612 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as"Parties." 2. REcrrm s. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing"Library Bond Act Application " consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the New Azusa City Library project("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services,and incidental and customary work necessary to fully and adequately supply the professional "plan of service" consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and RVPUBWG5'544364 1 performed in accordance with, this Agreement,the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 18, 2003 to January 16, 2003. Consultant shall complete the Services within the term of this Agreement,and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding,unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Cbnsultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any(personnel who fail or refuse to perform the Services in a manner acceptable to the City, or Who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the RVPMNGS1544364 2 Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Sherry Bruning 3.2.5 City's Representative. The City hereby designates Albert Tovar, Library Director, or his or her designee,to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Sherry Bruning,or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative'. Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services,using his best skill and attention,and shall be responsible for all means,methods,techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws,rules and regulations in any manner affecting the performance of the Project or the Services,including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be RV1-UBViGS\5"36/ 3 contrary to such laws,rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than$1,000,000 per claim, and shall be endorsed to include contractual liability. RVPUBWGSl5M364 4 f 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials,parts or equipment firnished in connection with such work; and(2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,hired or borrowed by the Consultant or for which the Consultant is responsible; and(2)the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees,agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,officers, employees,agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty(30) days prior written notice by certified mail,return receipt requested,has been given to the City; and(B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees,agents and volunteers. 3.2.10.5 S_pe aration of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials,officers, employees, agents and volunteers. xvruswGW443e4 5 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that,at the option of the City, either: (1)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or(2)the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Intentionally omitted. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed twenty thousand dollars ($20,000) without written approval of City's Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. RV"NGS\544364 6 7711- 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may,by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven(7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen(15)days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: RVPUBNGSW4364 7 Consultant: DJT Consulting Group 610 16`s Street, Suite 413 Oakland, CA 94612 City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Albert Tovar, Library Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, fast class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents& Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy,use, modify, reuse, or sublicense any and all copyrights, designs,and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to,physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement("Documents&Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents&Data the subcontractor prepares under this Agreement. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas,memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City,be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,photographs of the Project, or any publicity pertaining to the Services or RVPUBWGS1544364 8 the Project in any magazine,trade paper,newspaper,television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death,in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Agreement,including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost,expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials,officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof,and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. RVPUBINGS\544364 9 3.5.11 Successors and AssiM. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction: References, Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement,the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment, Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver,benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person,;other than a bona fide employee working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission,percentage,brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Rveuewcsuu364 10 �4 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race,religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include,but not be limited to, all activities related to initial employment,upgrading,demotion,transfer,recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute,deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power,right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein,without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. RVPUBWGS'3"364 CITY OF AZUSA DJT CONSULTING GROUP By: By: Rick Cole [Name] City Manager [Title] Attest: City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney RVPUB\NGSV644364 12 EXHIBIT"A" SCOPE OF SERVICES LIBRARY BOND ACT APPLICATION CONSULTING This work is being commissioned in conjunction with the City of Azusa's application for Cycle 3 of the Library Bond Act of 2000. The filing deadline for all documents for this Cycle is January 16, 2003. In collaboration with other library consultants and with the Library Director, the consultant will deliver, in accordance with the Library Bond Act Regulations, the following as detailed on the attached documents. 1. A complete assessment with preliminary workplan. 2. A revision of 1-2 key application documents. 3. The consultant will provide guidance and limited coordinated of the New Azusa City Library project. RVPUBWGSW4364 A-1 DJT CONSULTING GROUP SAMPLE SERVICE PACKAGES FOR LIBRARY BOND ACT APPLICATIONS The following services can be provided by DJT Consulting Group for the purpose of submitting a competitive application for the Library Bond Act(Proposition 14). The estimated costs are based on typical grant applications — individual situations may vary—prices are not confirmed until a contract is negotiated. Assessment with Brief Written Review and Verbal Commentary Averase Cost: $3,000 DJT Consulting Group will review all application documents and make concrete recommendations for strategies to improve application weaknesses and highlight application strengths in order to produce a competitive and complete grant application. This service includes a brief written report and a more extensive telephone or in-person meeting to review the report recommendations. Complete Assessment with Preliminary Workplan Average Cost: $6.000 DJT Consulting Group will review all application documents and make concrete recommendations for strategies to improve application weaknesses and highlight application strengths in order to produce a competitive and complete grant application. If requested, DJT will participate in teleconference with OLC to clarify prior round ratings.DJT will produce a comprehensive written report on findings. In addition to the assessment, DJT will create a customized workplan with tasks and deadlines required to resubmit an application by the deadline. 6 1 0 16TH STREET, SUITE 4 1 3 OAKLAND , CA 94612 OFFICE ( 510 ) 835 - 1673 FAX ( 510 ) 405 - 2053 DJT @D JTCO N.SULTI N G . COM a DJT CONSULTING GROUP ♦ Revision of Key Application Documents Average Cost: $5,000 Der document depending on complexity, $3,000-8,000 DJT Consulting Group will review and rewrite any of the following key application documents: Needs Assessment, Plan of Service (not including the Technology Plan), or the Technology Plan. This service includes any research, data collection and analysis, and program design assistance that may be needed to strengthen the document. Guidance and Limited Coordination of Project Average Cost: $2500 Der month DJT Consulting Group will provide guidance to project members and limited coordination of the overall project. This can be negotiated by hours per week required. The average cost assumes approximately 20 hours/month. Complete Proiect Management Average Cost: $35.000-75,000 DJT Consulting Group will coordinate all project team members through a project management system. DJT will track and follow-up with all parties regarding tasks to be accomplished. DJT will assist in facilitating and documenting meetings, DJT will work closely with library staff and other consultants to ensure that all parties produce revised and completed application materials by the application deadline. DJT will revise necessary application documents in our areas of expertise (primarily the Needs Assessment, Plan of Service, Joint Use Agreement), and review and advise how to correct all other documents. The reviews and rewriting will address consistency, fulfillment of application requirements, and competitive approach including but not limited to the Application Form, Building Program, Conceptual Plans, Resolution, Boundary Survey,Visual Records,Maps, Geotechnical Report, and Checklist. 610 16TH STREET, SUITE 413 OAKLAND , CA 94612 OFFICE ( 510 ) 835 — 1673 FAX ( 510 ) 405 — 2053 D J T Q D J T C O N S U L T I N G . C O M EXHIBIT"B" SCHEDULE OF SERVICES LIBRARY BOND ACT APPLICATION CONSULTING The following schedule is tentatively planned. . Initial communication with the library director or key library staff by November 18, 2003 Review of planning documents by November 25, 2003 Final recommendations to be delivered to key consultants and the Library Director by December 4, 2003. RVPUBWGS\5"364 B_1 4 t EXHIBIT "C" COMPENSATION LIBRARY BOND ACT APPLICATION CONSULTING Compensation and reimbursements shall not exceed$20,000.00. Reimbursements rates for per diem and mileage are based on the Internal Revenue Service Regulations as of the date of this Contract. RVPUBWGS\5M364 C_1 CIP BUDGET AMENDMENT 2003/2004 NEW AZUSA CITY LIBRARY Project Number: 22480-511-OOA $67,300 rev. 11-10-03 CIP BUDGET AMENDMENT: This budget Is amended by $67,300 to allow for unanticipated costs to complete the application and supporting documents for Cycle 3 of the Library Bond Act. The amended funds will be used to extend agreements on rights to purchase property, architectural design costs (changes or improvements), legal costs, consultant costs for the plan of service, joint venture cooperative agreement, technology plan consulting, printing, and miscellaneous expenses. 1. Right to purchase option agreements • Ruelas $5,000 • Zerbe, Piper, Boelens $15,000 2. Architectural Costs (Gonzalez I Goodale) $20,000 est. Costs to redesign circ desk office, address space for bookcarts, calculate net and assignable square footage allocations, calculate escalation costs for construction, meetings, ensure schematics line-up with building program, ensure that space contingencies match building program, design a mechanism for closing/sectioning off the library after hours. 3. Plan of Service Consulting $5,000 Consultant to make changes to the Plan of Service consistent with regulations, Office of Library Construction evaluation, and Library Director input. 1 4. joint Venture Cooperative Agreement Consulting $7,000 Cost for a consultant to review successful joint venture agreements. Draft a new agreement. Conduct an input/planning session with AVSD and City Library staff. Attend meetings. 5. Technology Plan Consulting $2,000 Cost for a consultant to review the existing technology plan and ensure that it coincides/relates to other planning documents. 6. Formatting &artwork services for $1,500 Plan of Service &Tech. Plan Cost for someone such as Grace Contreras to format revisions to this planning document. 7. Printing of Plan of Service and $3,000 Technology Plan 8. Postage $300 9. Legal Costs $8,000 est. Costs related to property acquisition and general consulting on the library project. 10.Travel $500 TOTAL: $67,300 2 41 11P IOINT CITY/AGENCY AGENDA ITEM TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: MICHAEL HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR VIA: RICK COLE, EXECUTIVE DIRECTOR DATE: NOVEMBER 17, 2003 SUBJECT: ELIMINATION OF DEBT INCURRENCE DEADLINES ALLOWED UNDER SB-211 RECOMMENDATION It is recommended that the City Council and the Azusa Redevelopment Agency Board (hereinafter referred to collectively as "Council") adopt the attached resolutions, introduce and conduct the first reading of the ordinances approving 1) the elimination of debt incurrence deadlines allowed under SB-211, for the Merged Central Business and West End Redevelopment Plan, and the Ranch Center Redevelopment Plan; and 2) the City's election to receive tax increment pass-through allocations pursuant to Section 33607.5(b) of the Redevelopment Law. BACKGROUND The Merged Project and Ranch Center Redevelopment Plans time limits for Incurring debt are now near expiration. For Azusa, the current deadlines to Incur debt are as follows (Table 1.): Table t Expiration Date Project Area Current New SB-211 Deadline(Same as Deadline Redevelopment Plan Effective Date Central Business District Orl nal Project Area 1/1/2004 9/18/2018 Central Business District,Amendment No. 1 1/1/2004 7/2/2019 Central Business District, Amendment No. 2 1/1/2004 7/20/2021 Central Business District, Amendment No. 3 1/1/2004 11/28/2023 Central Business District,Amendment Nos. 4 and 5 12/17/2004 12/17/2024 West End 11/28/2003 11/28/2023 Ranch Center 1/1/2009 7/17/2029 In order for the Agency to continue to incur debt on pians adopted prior to 1994, the State legislature passed SB 211, which allows redevelopment agencies to eliminate the time limit for establishing new loans, advances, bonds, and other indebtedness on plans adopted prior to January 1, 1994. This may be accomplished by adopting a simple ordinance, and does not require the full redevelopment plan adoption process. Eliminating this date will benefit the Agency by allowing it to continue to issue debt beyond 2004, and to finance new redevelopment projects and future operating expenses. j Page 2 of 5 Honorable Chairperson and Members of the Board Elimination of Debt Incurrence Deadlines Allowed Under SB-211 November 17,2003 As a result of eliminating the deadline for incurring indebtedness, the Agency is required to make mandatory tax increment sharing ("pass-through') payments to other taxing entities. The payments start in 2005 and extend through the remaining lifetime of each plan. Total new pass-through payments would equal approximately 5% of net tax Increment receipts. Agency staff has found that the City can also receive a portion of these pass-through payments, with no additional financial impact,to the Agency, if the City elects to do so. According to the financial analysis prepared by GRC Redevelopment Consultants, and presented in Tables 2 through 4, the proposed elimination of debt Incurrence time limits will not cause any material reduction to the tax revenues required by the Agency to meet Its outstanding financial obligations. GRC has consulted with the City Attorney's office as well as bond counsel in order to confirm these findings. FISCAL IMPACT The fiscal impact of this action is as follows: • The Agency will be able to incur debt over a longer period, secured by a larger tax Increment flow, than would otherwise be the case. (See Table 2.) • Bonding capacity may increase by $10 to $15 million by extending the time over which the Agency may incur debt. This money translates Into projects and Improvements the Agency would not be able to finance without the extended authority. • The City can also receive a portion of these new pass through payments,with no additional financial Impact to the Agency, if the City elects to do so. This translates to an additional estimated $2.7 million to the City's general fund through FY 2034/35 (See Table 3.) • The action will not cause any material reduction to the tax revenues required by the Agency to meet its outstanding financial obligations. Prepared by Roseanna J.jara,Sr.Accountant-Redevelopment. MH/RJjks Attachments: 1) A Resolution Of The Redevelopment Agency Of The City Of Azusa Recommending That The Ory Council Of The City Of Azusa Adopt An Ordinance Eliminating The Debt Incurrence Deadlines For The Amended And Restated Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project Area In Accordance With California Health And Safety Code Section 33333.6 2) A Resolution Of The Redevelopment Agency Of The City Of Azusa Recommending That The City Council Of The City Of Azusa Adopt An Ordinance Eliminating The Debt Incurrence Deadline For The Redevelopment Plan For The Ranch Center Redevelopment Project Area In Accordance With Califomla Health And Safety Code Section 33333.6 3) A Resolution Of The City CouncJI Of The City Of Azusa Electing To Receive Allocations Of Tax Increment From The Merged Central Business District And West End Redevelopment Project Area Pursuant To California Health And Safety Code Section 33607.5(B) 4) A Resolution Of The Ory Council Of The Oty Of Azusa Electing To Receive Allocations Of Tax Increment From The Ranch Center Redevelopment Project Area Pursuant To California Health And Safety Code Section 33607.5(B) 5) An Ordinance Of The City Of Azusa Amending The Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project Area Pursuant To Health And Safety Code Section 33333.6(E)(2) 6) An Ordinance Of The City Of Azusa,California,Amending The Redevelopment Plan For The Ranch Center Redevelopment Project Area Pursuant To Health And Safety Code Section 33333.6(E)(2) r Page 3 of 5 Honorable Chairperson and Members of the Board Elimination of Debt Incurrence Deadlines Allowed Under SB-21 1 November 17,2003 Table 2 Azusa Redevelopment Agency Merged Redevelopment Project Area and Ranch Center Project Area Summary"SB211" Financial Impacts (Assumes a 2%per annum tax increment growth rate) Merged Ranch Center Total Project Area Project Area Total Tax Increment Receipts $256,127,000 $4,448,000 $260,575,0001 Pre-SB211 Payments to Agencies $84,018,000 $2,365,000 $86,383,00 Additional SB211 Payments to Agencies $8,614,000 $191,000 $8,8050 New Payments to City General Fund $2665,000 $56,000 $2,721,000 Net Tax Incrment Recei is $163 496,000 $1,892,000 $165,388,000 Low-and Moderate-Income Housing $32 699 000 $378,000 $33,077,000 Non-Housing Projects $130,796000 $1,514000 $132,310,000 r Page 4 of 5 Honorable Chairperson and Members of the Board Elimination of Debt Incurrence Deadlines Allowed Under SB-211 _ November 17,2003 Table 3 Awsa Redevelopment Agency Merged(CBD and West End)Redevelopment Proled Tem Inerensnt Projections 58211 Ameedroerd Racal Year Tax Increment Pn s-1290 Paas Mande"Pan Through Available for 3egirnbg In: Receipts Through Payments Net to Agency Housing Set- � Debt SerNos Debt Cove p�� Aside PnHoual Schedule Raeo Baas Le Debt Service Trial Total C Share 1 2 3 4 5 6 7 8 9 10 11 2002 5,586,934 367 952 5,954,BBB 1,919, 0 0 4.035,614 807.1 3=11,41911 1,400.57 2.88 2003 5,698,67 375,311 6,073,964 1 957 574 0 0 4116 410 8212112 3,293,128 1,410,476 2.92 2004 5,812,6" 36 B18 6,196484 1,996,728 0 0 4198 738 8439,748 3,358,990 1 408138 2.98 2005 5,928,899 390 474 8,319,373 038 880 27 9,0064261,276 652 3,409,021 1404 099 3.03 2006 6,047,477 386 283 6,445,780 2 077 33,647 14 4.334.720 888 944 3,467,776 1408 579 3.08 2007 .6,168-428 408 49 6.574,6751 Z118 941 46,191 19877 4 40916331 8111.9271 3.5Z7.7DSi 1AII.1101 3.12 2008 6,291,795 414 37! 6.706 181 320 W 44 25 18 4 486 0 897.2091 34-88.81451 1.406.6911 3.19 2009 6,417.631 4 662 B 840 292 2 204 547 71.76330 4,563.9831 912.7971 3.651.1861 1.410.1391 324 2010 6,545,993 431,11 6,977,098 2 248 637 84 36223 46434811 9211.69111 3.714.7851 1.405.7931 3.30 2011 6,676,903 439.73 7,116 84D 2.293.6101 as 461 41891 4 724 589 944.9141 3.779.6661 1.409,6011 3.35 2012 6,810,441 448 532 7,258.97 Z339,482: 112.21 47 73 4 7 278 961.456!!! 3 645 823 1410 759 3.41 2013 6.90,&-,o 457 502 7,404.1 2 272 126 53 70 4891642 978 3. 13.31 1404 419 3.48 2014 7 583 466 852 7,552,235 2,433,996 140 545 59$85 4 977 693 995 536 39821 1410 5D0 3.53 2015 7,227, 475 968 7,703,280 2 677 177 087 SS 721 5.043.516 1 008 703 4 034 813 140 9W 3.59 2016 7 371 32 1 485 W5 7 857 346 2 5 331 204,474 71.9791 5120 540 1,024,108 4096 1 BW 3.65 2017 7,519.2 77 495.21 8 014 493 2.582.97a 410 78.382 5,199,105 1,030,821 4 159 1 399 600 3.71 2018 7.809.663 505.120 8,174,783 2,634 260.9041 U973 5.279 242 1,05%848 848 4 223 0.1 1 408 200 3.75 2019 7,823,058 515222 8,338,276 2 687 330 289.96 91.51 5,360,961 1 07 196 4 268 785 1 407 788 3.81 2020 7,979.51 525.52 8,505 741 077 319,613 98 86 5,444,355 1 088 71 4355184 1 40B 550 3.67 2021 8,139,1108 536,037 8,675.W Z795,898 349,851 105198 5 529 396 1.1051170 4 423 517 1410 225 3.92 2022 8,301.8 546,758 B 848 648 2,851.81 380 893 112,2465,616.1 1.123.2281 4492 911 1.407.5WI 3.99 2023 8,467,925 557 693 9,025,820 2,908 2 412.1 119 W 5 704 615 1 140 923 4 583 692 1 430 4 3.99 2024 8,637,286 568 847 9 206133 2,967,031 444 242 126,767 5 794 860 1 158 972 4 635 BBB WA WA 2025 8 810 D32 590.224 9.390.256, 3 028 374 476 972 134 246 5888 909 1,177,382 4,709.52 7 WA WA --F28 8888 232 591 826 9 578 061 3 088 903 510 357 141874 5.980.801) 1 1961W 4,784,W WA WA 2027 9.165.957 603.66 9 769 622 3.148.643 544.410 149.06 8 078 568 1,215,314 4 861 WA WA 2028 9,349,276 615 736 9965014 3,211.61 8 579.1 157562 6,174,252 1,234,850 4 939 402 WA WA 2029 8,641,801 574 383 9 215 964 3,275,648 499 150846 5,440,549 1 08a 110 4,352,439 WA WA 2030 8,812,858 565,736 9 398 404 3341 357 528,489 158,103 5.528.558 1 105 712 4-422,846 WA WA 2031 8,988,922 597 451 9586372 3 408 154 558 216 165 736 5,619,9 72 1.123.M 1495 978 WA WA 2032 8,101,481 539 712 8 841 193 3,049,46D 512 106 153,350 5,079,827 1.015.925 {083 707 WA WA 2033 8 263 511 5W 506 6 814 017 3,110 539,017 100,370 5,164,SW 1 032 910 4,131,640 WA WA _2034W6,672 40,11105 198 05 647 478 277176 24104 12 085 348 69,2401 276.Ml WA I WA Totals 240,274,581 15 952 793 256,127,374 84,017,897 8 613 682 684W7 163,495,614 32,699,1231 130,798,492130,979,0291WA otos: Col.1 Gross tax Increment receipts from bask 1%kwY as MPoded by County AudicdConnroller. Assumes annual 2%growth sle. Cd.2 Tax Increment receipts from debt service overrides. Assumes 2%par annum,growth rale. Cd.3 Column 1 plus Column 2. Cd.4 Pan Baough payments made in accordance with Section 33401 agreements adopted prior to 1994. Not subject to further pass throughs. Cd.5 Total Section 33807.7 mandatory pass l magh Payments 10 agencies not rwOAV Payments In Column 4. Cd.6 New Income to City general find as a result of Column 5 pan Brough paymenls.Also included in Column 4. Cd.7 Net Income to Agency after Column 4 and Column 5 deductions. Cd.8 20%low-and moderate-Income housing fund deposits. Cd.9 Net receipts avallable for non-housYg p j". Column 7less Column 8. Cd.10 Annual debt service payments as reported In C"cial Statement for 1997 Series A Tax Allocation Boras,page 13. Cd.11 Ratio of Cd.7 divided by Cd.10. Should remain higher than 125. Source: GRC Redevelopment Consubants,2D03. Based on data horn Los Angeles Courtly AudBa.Controiler. r Page 5 Of 5 Honorable Chairperson and Members of the Board Elimination of Debt Incurrence Deadlines Allowed Under SB-21 I November 17,2003 Table 4 Awsa Redevelopment Agency Ranch Center Resevelepmem Project Tas Increment Projections 30211 Amendment 9411.1290 Pap MandWwy Pap Through JA Avahble for Fiscal Year Ten Increment Recelple Though Payrneme Net to AgencyHousingno Non-Nousng Beginning in: Bap d Total Payments TOW Projects i 2 9 4 6 e 7 9 2002 75.478 790 79 421 0 0 37,12926 29.70 2003 76,988 3888 80854 42982 0 0 37,8714 90 211 2061 75,527 3,943 S 471 4J 842 0 0 Wag28 3090 2005 80.098 4,022 84,120 44 719 297 133 39.10421 3125 2008 $1,700 4,103 85,1103545 81! /50 201 39.7398 91 791 2007 83 4,185 87,519 46 525 807 271 40,38777 92 21108 85.001 / Be," 47456 788 342 41.047 32AB 2008 85.701 4 91,064 928 414 41 72144 33.37 2010 68,4351 4.441 92.875, 49,373 1 DDI 488 4240882 S9 92 2011 90 4590 94 799 so 961 1 581. 49 709ms421112 D 007 4azD b1 1435 941 49824785 352013 03848 4 713 52 1511 719 4411 3564 2014 05725 1807 53443 1791 799 43 911 212015 970.99 4903 S4 12 2278 eel 45752150 3880 2018 90 2 5001 55 802 2621 964 464 3709 2017 107 584 5101 56 714 2972 f 049 46 999400 37.59 2018 7 615 6 57 3 329 1 136 47A41 9 9811 2079 105688 5907 59005 3893 1 44 9639 9883 2020 107801 5419 801 4065 1.315 4e, 9793 39171 2021 109957 55210M.479 81 gag 4 444 1 408 49 646 D 39 71 2022 11 157 5 532 62 617 4.931 1= bo 1 10 40.27 2023 114,400 5745 120144 63AN b 1 596 51 050 J0,21 4081 2024 118 ee8 5,11W 122.5471 65.147 51128 1 694 51 773 10353 41.41 2025 119.021 5.977 124.9981 00,430 0 0.98 1 793 52 10 10 42 2028 121.40 8090 127.4961 67.779 6,457 1 895 53 to 659 42.81 2027 123,830 6,218 130.0481 09.134 61184 1998 54 10 49 2028 128307 8.34 1376491 70.517 7,310 2104 54,313 to 9113 49 2029 1211,839 6,469 135.3021 71.927 7,763 2 12 55.611 11 122 4448 2090 131.400 6.5110 138.0081 73.358 8216 2.= 56.420 11 45141 2091 8 731 140 786 74 893 8 6711 2,434 57 11 451 4550 2032 SAS 143 70 iS0 2 58,104 11621 4648 21133 7 003 146455 77 9 651 2665 58 968 11 794 47 17 2D34 7143 149 79 414 10 1 1 2 754 59 9 17 970 4758 2035 7 285 1 72 81 O02 10 923 2906 Go447 1 089 44 2038 7 431 155419 82 S22 11 3119 3.0 at 1 2 411 20.97 7 590 158 528 84 4 12267 3.1 61.98 1 397 49 211% 7 731 181888 a6 960 1 9BD 3 S 77 1 558 50 2039 7 888 164 932 a7 6711 19 3.41 517 1 717 511 7 ToWs 4245 212 862 4 448135 2 364 190 55 579 1 89 9 378 498 1 513 1 Notes: Cd.I Gross tax increment receipts from bask 1%levy as reported by County Mgeor/Controller. Assumes amual2%poxM rme. Col.2 Tax Increment recelpts from debt Service overrides. Assumes 2%Par amnum Worth rah. Col.3 Caitam 1 pan Column 7- COL 4 Pap tragh paymerds made In accoAencs with Section 334DI agramwls adopted prier to 1994. Not subject to tures pap trough. Col.5 Toed Section 33607.7 margolory pm through payn erhh to agendas not raceNiq parents In Column 4. Col.6 New ncoms to City gersal fund p a result of Column 5 pass through payments.Also named in Column 4. Col.7 Net income to Agency eller Column 4 and Column 5 deductions. Col.8 20%low-and moderate-Income,houeip fund deposits. Col.9 Net receipts waLble for nowhousing;projects. Column 7Ion Column S. RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF AZUSA ADOPT AN ORDINANCE ELIMINATING THE DEBT INCURRENCE DEADLINES FOR THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6 WHEREAS, pursuant to the provisions of California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("CRL"),the City Council("City Council')of the City of Azusa ("City") approved and adopted a redevelopment plan for the Central Business District Redevelopment Project Area("CBD Project Area")on September 18, 1978,by Ordinance No. 2062; and WHEREAS, on July 2, 1979,by Ordinance No.2077 the City Council adopted the first amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("First Added Territory"); and WHEREAS, on July 20, 198 1,by Ordinance No.2113 the City Council adopted the second amendment to the redevelopment plan for the CBD Project Area which,among other things, added territory to the CBD Project Area("Second Added Territory"); and WHEREAS, on November 28, 1983, by Ordinance No. 2197 the City Council adopted the third amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("Third Added Territory"); and WHEREAS, on December 17, 1984, by Ordinance No. 2250 the City Council adopted the fifth amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("Fourth Added Territory"); and WHEREAS, the City Council of the City approved and adopted a separate redevelopment plan for the West End Redevelopment Project Area("West End Project Area")on November 28, 1983, by Ordinance No. 2196; and WHEREAS, on November 7, 1989, by Ordinance No. 2382, the City Council adopted the sixth amendment to the redevelopment plan for the CBD Project Area and the fust amendment to the West End Project Area which,among other things,merged the CBD Project Area with the West End Project Area creating one(1)merged project area("Merged Project Area");and WHEREAS, on October 6,2003,by Ordinance No. 03-06 the City Council adopted the eighth amendment to the redevelopment plan for the CBD Project Area and the third amendment RVPUB\KCV\661457 to the West End Project Area which,among other things,replaced the separate redevelopment plans for the CBD Project Area and the West End Project Area with one amended and restated redevelopment plan ("Amended and Restated Redevelopment Plan") applicable to the Merged Project Area; and WHEREAS, the Amended and Restated Redevelopment Plan currently provides, among other things,that the Agency's authority to establish loans,advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency for the Merged Project Area expires on the following dates('Debt Incurrence Deadlines"): Merged Project Area Debt Incurrence Deadlines CBD Project Area January 1, 2004 First Added Territory January 1, 2004 Second Added Territory January 1, 2004 Third Added Territory I January 1,2004 Fourth Added Territory I December 17,2004 West End Project Area November 28, 2003 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the aforementioned Debt Incurrence Deadlines may be eliminated pursuant to the adoption of an ordinance by the City Council of the City acting in its capacity as the Agency's legislative body; and WHEREAS, the Agency desires to eliminate its Debt Incurrence Deadlines in accordance with CRL Section 33333.6 and recommends that the City Council of the City adopt an ordinance eliminating the Debt Incurrence Deadlines currently set forth in the Amended and Restated Redevelopment Plan for the Merged Project Area in accordance with CRL Section 33333.6; and WHEREAS,Agency staff has determined that elimination of the Debt Incurrence Deadlines as authorized by CRL Section 33333.6 is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15378(b), because such elimination constitutes the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Azusa as follows: Section 1. The Governing Board of the Agency hereby recommends that the City Council of the City adopt an ordinance eliminating the Debt Incurrence Deadlines currently set forth in the Amended and Restated Redevelopment Plan for the Merged Project Area in accordance with CRL Section 33333.6. RVPUB\KCV\661457 Section 2. The Executive Director of the Agency is hereby authorized and directed to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the actions authorized by this resolution. Section 3. Agency staff is hereby directed to file a Notice of Exemption with the County Clerk of los Angeles County within five(5)days following the approval of this resolution. Section 4. This resolution shall take effect upon its adoption. [Signatures & Certification on Following Pages] xveua\xcv\e61457 PASSED, APPROVED AND ADOPTED this day of 2003. By: Chair of the Governing Board Redevelopment Agency of the City of Azusa ATTEST: By: Vera Mendoza, Secretary Redevelopment Agency of the City of Azusa APPROVED AS TO FORM: BEST BEST&KRIEGER LLP By: Agency Counsel Redevelopment Agency of the City of Azusa RVPUB\KM661457 CERTIFICATION I, Vera Mendoza, Secretary of the Redevelopment Agency of the City of Azusa,do hereby certify that the foregoing Resolution No. was passed and adopted by the Governing Board of 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: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: ABSENT: BOARDMEMBERS: By: Vera Mendoza, Secretary Redevelopment Agency of the City of Azusa RVPUB\KCl'\661457 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF AZUSA ADOPT AN ORDINANCE ELIMINATING THE DEBT INCURRENCE DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT AREA IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6 WHEREAS, pursuant to the provisions of California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("CRL"),the City Council("City Council")of the City of Azusa("City")approved and adopted a redevelopment plan("Redevelopment Plan")for the Ranch Center Redevelopment Project Area("Project Area')on July 17, 1989,by Ordinance No. 2402; and WHEREAS, the Redevelopment Plan currently provides,among other things,that the Agency's authority to establish loans,advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency for the Project Area expires on July 17, 2009 ("Debt Incurrence Deadline"); and WHEREAS, pursuant to CRL Section 33333.6(e)(2), the aforementioned Debt Incurrence Deadline may be eliminated pursuant to the adoption of an ordinance by the City Council of the City acting in its capacity as the Agency's legislative body; and WHEREAS, the Agency desires to eliminate its Debt Incurrence Deadline in accordance with CRL Section 33333.6 and recommends that the City Council of the City adopt an ordinance eliminating the Debt Incurrence Deadline currently set forth in the Redevelopment Plan for the Project Area in accordance with CRL Section 33333.6; and WHEREAS,Agency staff has determined that elimination of the Debt Incurrence Deadline as authorized by CRL Section 33333.6 is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15378(b), because such elimination constitutes the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Azusa as follows: Section 1. The Governing Board of the Agency hereby recommends that the City Council of the City adopt an ordinance eliminating the Debt Incurrence Deadline currently set forth in the Redevelopment Plan for the Project Area in accordance with CRL Section 33333.6. RVPUB\YM66i577 Section 2. The Executive Director of the Agency is hereby authorized and directed to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the actions authorized by this resolution. Section 3. Agency staff is hereby directed to file a Notice of Exemption with the County Clerk of Los Angeles County within five(5)days following the approval of this resolution. Section 4. This resolution shall take effect upon its adoption. [Signatures & Certification on Following Pages] RVPUB\KCV\661577 PASSED, APPROVED AND ADOPTED this day of 2003. By: Chair of the Governing Board Redevelopment Agency of the City of Azusa ATTEST: By: Vera Mendoza, Secretary Redevelopment Agency of the City of Azusa APPROVED AS TO FORM: BEST BEST&KRIEGER LLP By: Agency Counsel Redevelopment Agency of the City of Azusa RVPUB\RCV\661577 CERTIFICATION I, Vera Mendoza, Secretary of the Redevelopment Agency of the City of Azusa, do hereby certify that the foregoing Resolution No. was passed and adopted by the Governing Board of 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: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: ABSENT: BOARDMEMBERS: By. Vera Mendoza, Secretary Redevelopment Agency of the City of Azusa RVPUB\KCV\661577 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ELECTING TO RECEIVE ALLOCATIONS OF TAX INCREMENT FROM THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33607.5(b) WHEREAS, pursuant to the provisions of California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("CRL"),the City Council("City Council")of the City of Azusa ("City") approved and adopted a redevelopment plan for the Central Business District Redevelopment Project Area("CBD Project Area")on September 18, 1978,by Ordinance No. 2062; and WHEREAS, on July 2, 1979,by Ordinance No.2077 the City Council adopted the first amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("First Added Territory"); and WHEREAS, on July 20, 1981,by Ordinance No.2113 the City Council adopted the second amendment to the redevelopment plan for the CBD Project Area which,among other things, added territory to the CBD Project Area("Second Added Territory"); and WHEREAS, on November 28, 1983, by Ordinance No. 2197 the City Council adopted the third amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("Third Added Territory"); and WHEREAS, on December 17, 1984, by Ordinance No. 2250 the City Council adopted the fifth amendment to the redevelopment plan for the CBD Project Area which, among other things, added territory to the CBD Project Area("Fourth Added Territory"); and WHEREAS, the City Council of the City approved and adopted a separate redevelopment plan for the West End Redevelopment Project Area("West End Project Area') on November 28, 1983,by Ordinance No. 2196; and WHEREAS, on November 7, 1989, by Ordinance No. 2382, the City Council adopted the sixth amendment to the redevelopment plan for the CBD Project Area and the first amendment to the West End Project Area which,among other things,merged the CBD Project Area with the West End Project Area creating one(1)merged project area("Merged Project Area");and WHEREAS, on October 6,2003,by Ordinance No.03-06 the City Council adopted the eighth amendment to the redevelopment plan for the CBD Project Area and the third amendment to the West End Project Area which,among other things,replaced the separate redevelopment plans for the CBD Project Area and the West End Project Area with one amended and restated redevelopment plan ("Amended and Restated Redevelopment Plan") applicable to the Merged Project Area; and RVPUB\RCV\661457 WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Amended and Restated Redevelopment Plan was amended on ' 2003, by Ordinance No. to eliminate the deadlines to establish loans, advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency for the Merged Project Area, including the deadlines to establish indebtedness in the First Added Territory, Second Added Territory, Third Added Territory and Fourth Added Territory("Debt Incurrence Deadlines"); and WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Agency must make the payments to affected taxing entities as required by CRL Sections 33607.5; and WHEREAS, CRL Section 33607.5(b) provides that the City, as the community adopting the Merged Project Area, may elect to receive the amount of tax increment from the Merged Project Area authorized by Section 33607.5(b); and WHEREAS, the City desires to make the election allowed by CRL Section 33607.5(b); and WHEREAS, City staff has determined that electing to receive the amount of tax increment from the Merged Project Area authorized by CRL Section 33607.5(b)is exempt from the requirements of the California Environmental Quality Act ("CEQA!'), pursuant to State CEQA Guidelines Section 15378(b),because such election constitutes the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1. Election to Receive Tax Increment. In accordance with the authority granted by CRL Section 33607.5(b),the City Council of the City hereby elects to receive that amount of tax increment from the Merged Project Area authorized by Section 33607.5(b),commencing with the first fiscal year in which payments are due under CRL,.and automatically continuing for every fiscal year thereafter in which the Agency receives tax increment from the Merged Project Area until rescinded, if at all,by subsequent resolution of the City Council. Section 2. Further Acts. The City Manager is hereby authorized, with the concurrence of the City Attorney,to take such further actions and execute such other agreements as may be necessary or appropriate in administering the actions authorized by this resolution. Section 3. CEOA Compliance. The City,as lead agency under CEQA,directs City staff to file a Notice of Exemption with the County Clerk of Los Angeles County within five(5)days following the approval of this Resolution. Section 4. Effective Date. This resolution shall take effect upon its adoption. RVPUB\KCS'\66W57 [Signatures & Certifications on Following Pages] PASSED,APPROVED AND ADOPTED this day of 2003. By: Mayor City of Azusa ATTEST: By: City Clerk City of Azusa APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: City Attorney City of Azusa RVPUB\KCV\661467 CERTIFICATION I,Vera Mendoza,City Clerk of the City of Azusa,do hereby certify that the foregoing Resolution No. was passed and 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,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: By: Vera Mendoza, City Clerk City of Azusa RVPUB\KCV\661457 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ELECTING TO RECEIVE ALLOCATIONS OF TAX INCREMENT FROM THE RANCH CENTER REDEVELOPMENT PROJECT AREA PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33607.5(6) WHEREAS, pursuant to the provisions of California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("CRL"),the City Council("City Council')of the City of Azusa("City")approved and adopted a redevelopment plan('Redevelopment Plan")for the Ranch Center Redevelopment Project Area("Project Area")on July 17, 1989,by Ordinance No. 2402; and WHEREAS,pursuant to CRL Section 33333.6(e)(2),the Redevelopment Plan was amended on , 2003, by Ordinance No. _ to eliminate the deadlines to establish loans, advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency for the Project Area,including the deadlines to establish indebtedness in the Project Area("Debt Incurrence Deadline"); and WHEREAS, pursuant to CRL Section 33333.6(e)(2), the Agency must make the payments to affected taxing entities as required by CRL Sections 33607.5; and WHEREAS, CRL Section 33607.5(b) provides that the City, as the community adopting the Project Area, may elect to receive the amount of tax increment from the Project Area authorized by Section 33607.5(b); and WHEREAS, the City desires to make the election allowed by CRL Section 33607.5(b); and WHEREAS, City staff has determined that electing to receive the amount of tax increment from the Project Area authorized by CRL Section 33607.5(b) is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15378(b),because such election constitutes the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1. Election to Receive Tax Increment. In accordance with the authority granted by CRL Section 33607.5(b),the,City Council of the City hereby elects to receive that amount of tax increment from the Project Area authorized by Section 33607.5(b),commencing with the fust fiscal year in which payments are due under CRL,and automatically continuing for every fiscal year RVPUB\KCV\661577 thereafter in which the Agency receives tax increment from the Project Area until rescinded,if at all, by subsequent resolution of the City Council. Section 2. Further Acts. The City Manager is hereby authorized, with the concurrence of the City Attorney,to take such further actions and execute such other agreements as may be necessary or appropriate in administering the actions authorized by this resolution. Section 3. CEOA Compliance. The Ci ty,as lead agency under CEQA,directs Cit y staff to file a Notice of Exemption with the County Clerk of Los Angeles County within five(5)days following the approval of this Resolution. Section 4. Effective Date. This resolution shall take effect upon its adoption. [Signatures & Certifications on Following Pages] RVPUB\KCV\66i577 PASSED;APPROVED AND ADOPTED this day of 2003. By: Mayor City of Azusa ATTEST: By: City Clerk City of Azusa APPROVED AS TO FORM: BEST BEST& KRIEGER LLP By: City Attorney City.of Azusa RWUB\KCV\661577 CERTIFICATION I Vera Mendoza,City Clerk of the City of Azusa, hereby certifythat the foregoing Resolution No. was passed and adopted by the City Council of the City of Azusa at a regular meeting thereof,held on the day of 12003,by the following vote,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: By: Vera Mendoza, City Clerk City of Azusa RVPUB\KCV\66*77 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AZUSA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) WHEREAS,pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.)("CRL")the Redevelopment Plan for the Central Business District Redevelopment Project(the "CBD Redevelopment Plan")was adopted by Ordinance No. 2062 on September 18, 1978; and WHEREAS,the CBD Redevelopment Plan was amended to add territory by Ordinance No. 2077 on July 2, 1979; and WHEREAS,the CBD Redevelopment Plan was further amended to add territory by Ordinance No. 2113 on July 20, 1981; and WHEREAS,the CBD Redevelopment Plan was further amended to add territory by Ordinance No. 2197 on November 28, 1983; and WHEREAS,the CBD Redevelopment Plan was further amended to add territory by Ordinance 2250 on December 17, 1984; and WHEREAS,pursuant to CRL,the Redevelopment Plan for the West End Redevelopment Project (the"West End Redevelopment Plan")was adopted by Ordinance No. 2196 on November 28, 1983; and WHEREAS,the CBD Redevelopment Plan and the West End Redevelopment Plan authorized the collection of tax increment as provided for in CRL Section 33670; and WHEREAS,the CBD Redevelopment Plan was amended by Ordinance No. 94-018 on December 19, 1994,to add and amend various time limits in accordance with CRL Section 33333.6 (as it existed in 1994), including a time limit on the establishment of loans, advances and indebtedness; and WHEREAS,the West End Redevelopment Plan was amended by Ordinance No. 94-020 on December 19, 1994,to add and amend various time limits in accordance with CRL Section 33333.6 (as it existed in 1994), including a time limit on the establishment of loans, advances and indebtedness; and WHEREAS, CRL Section 33333.6 applies only to redevelopment plans and amendments adding territory that were adopted prior to January 1, 1994; and WHEREAS, on November 7, 1989,by Ordinance No. 2382,the City Council adopted the sixth amendment to the redevelopment plan for the CBD Redevelopment Plan and the fust amendment to the West End Redevelopment Plan which,among other things, merged the CBD ffPUE\xcv\662272❑ ❑ Redevelopment Plan and the West End Redevelopment Plan creating one(1)merged project area ("Merged Project Area" as appropriate); and WHEREAS, by Ordinance No. 03-06 on October 6,2003 CBD Redevelopment Plan and the West End Redevelopment Plan were replaced with one amended and restated redevelopment plan ("Amended and Restated Redevelopment Plan") applicable to the Merged Project Area, (the " Amended&Restated Redevelopment Plan" ); and WHEREAS,CRL Section 33333.6(e)(2) states in pertinent part that, "On or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting this ordinance,neither the legislative body nor the agency is required to comply with [CRL] Section 33354.6 or Article 12 (commencing with Section 33450)or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [CRL] Section 33607.7;"and WHEREAS,the City Council desires to follow the procedures set forth in CRL Section 33333.6(e)(2) and adopt an ordinance("Ordinance")to eliminate the time limit on the establishment of loans, advance, and indebtedness as it applies to the Amended and Restated Redevelopment Plan; and WHEREAS,pursuant to CRL Section 33333.6(e)(2), when adopting the Ordinance, neither the City Council of the City of Azusa("City"),nor the Governing Board of the Azusa Redevelopment Agency("Agency"),is required to comply with CRL Sections 33354.6 or 33450 et seq. or any other provision relating to other amendments of a redevelopment plan; and WHEREAS, City and Agency staff have determined that eliminating the time limit on the establishment of loans, advances and indebtedness is exempt from the requirements of the California Environmental Quality Act("CEQA"), pursuant to State CEQA Guidelines Section 15378(b), because such elimination constitutes a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Amended and Restated Redevelopment Plan is hereby amended to delete any and all time limits that purport to place on the Azusa Redevelopment Agency any time deadline on the establishment of loans, advances and indebtedness as they may apply to the Merged Project Area. ffPUB\xcv\662272❑ ❑ _ Section 2. Section 504 of the Amended and Restated Redevelopment Plan for the Merged Project Area is hereby replaced and amended to read as follows: "D. [Section 5041 Time Limits on Establishment of Indebtedness For loans, advances or indebtedness to be repaid from any tax revenues received from the areas added to the Central Business District Redevelopment Project by the eighth amendment to the redevelopment plan for the Central Business District Redevelopment Project, the Agency shall not establish or incur loans, advances, or indebtedness to finance in whole or in part the Merged Project Area beyond twenty(20) years from the effective date of the ordinance approving and adopting the eighth amendment to the Central Business District Redevelopment Project. Loans, advances, or indebtedness may be repaid over a period of time beyond said time limits. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code and Section 335 of this Plan, or establishing more debt in order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code and Sections 333 or 336 of this Plan. These limits shall not prevent the Agency from refinancing, refunding or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limits contained in Section 506." Section 3. Except as amended herein or as the Amended and Restated Redevelopment Plan may hereafter be amended.,the Amended and Restated Redevelopment Plan for the Merged Project Area shall remain in full force and effect according to its terms. Section 4. The City Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five(5) days of the adoption of this Ordinance. Section 5. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. 0 UPva\%av\6622720 p Section 6. The Executive Director of the Azusa Redevelopment Agency shall notify the appropriate public entities of the adoption of this Ordinance, including all taxing entities as defined CRL Section 33353.2, and the Los Angeles County Auditor/Controller. Section 7. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken. [Signatures&Certifications on Following Pages] Urnus\xcv\6622720 ❑ PASSED,APPROVED AND ADOPTED this day of 2003. By: Mayor . City of Azusa ATTEST: By: City Clerk City of Azusa APPROVED AS TO FORM: BEST BEST&KRIEGER LLP By: City Attorney City of Azusa ffrnuB\KCV\sszzvz❑ 0 CERTIFICATION I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was passed and 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,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: By: Vera Mendoza,City Clerk City of Azusa T7PUB\KCV\662272❑ ❑ ORDINANCE NO. AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) WHEREAS,pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000 et seq.) ("CRL")the Redevelopment Plan for the Ranch Center Redevelopment Project("The Ranch Center Redevelopment Plan")was adopted by Ordinance No. 2402 on July 17, 1989; and WHEREAS,the Ranch Center Redevelopment Plan authorizes the collection of tax increment as provided for in Health and Safety Code Section 33670; and WHEREAS,the Ranch Center Redevelopment Plan was amended by Ordinance No. 94- 019 on December 19, 1994,to add and amend various time limits in accordance with CRL Section 33333.6 (as it existed in 1994), including a time limit on the establishment of loans, advances and indebtedness; and WHEREAS,CRL Section 33333.6 applies only to redevelopment plans and amendment adding territory that were adopted prior to January 1, 1994; and WHEREAS, CRL Section 33333.6(e)(2) states in pertinent part that, "On or after January 1, 2002,a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1,2002. In adopting this ordinance, neither the legislative body nor the agency is required to comply with [CRL] Section 33354.6 or Article 12 (commencing with [CRL] Section 33450)or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [CRL]Section 33607.7;" and WHEREAS,the City Council desires to follow the procedures set forth in CRL Section 33333.6(e)(2) and adopt an ordinance("Ordinance")to eliminate the time limit on the establishment of loans, advance, and indebtedness as it applies to the Ranch Center Redevelopment Plan. WHEREAS,pursuant to CRL Section 33333.6(e)(2),when adopting the Ordinance, neither the City Council of the City of Azusa("City"),nor the Governing Board of the Azusa Redevelopment Agency("Agency"), is required to comply with CRL Sections 33354.6 or 33450 et seq. or any other provision relating to other amendments of a redevelopment plan; and WHEREAS, City and Agency staff have determined that eliminating the time limit on the establishment of loans, advances and indebtedness is exempt from the requirements of the California Environmental Quality Act("CEQA"),pursuant to State CEQA Guidelines Section 15378(b),because such elimination constitutes a governmental fiscal activity which does not El f' PUB\xCV\662272❑ ❑ 1 involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Ranch Center Redevelopment Plan is hereby amended to delete any and all time limits that purport to place on the Azusa Redevelopment Agency any time deadline on the establishment of loans, advances and indebtedness as they may apply to the Ranch Center Redevelopment Plan. Section 2. Section 540, Third Paragraph, of the Redevelopment Plan for the Ranch Center Redevelopment Plan is hereby deleted in its entirety. Section 3. Except as amended herein, the Ranch Center Redevelopment Plan shall remain in full force and effect according to its terms. Section 4. The City Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5)days of the adoption of this Ordinance. Section 5. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. Section 6. The Executive Director of the Azusa Redevelopment Agency shall notify the appropriate public entities of the adoption of this Ordinance, including all taxing entities as defined in CRL Section 33353.2, and the Los Angeles County Auditor/Controller. Section 7. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken. [Signatures&Certifications on Following Pages] 0 f'PUS\xCV\661577❑ PASSED,APPROVED AND ADOPTED this day of 2003. By: Mayor City of Azusa ATTEST: By: City Clerk City of Azusa APPROVED AS TO FORM: BEST BEST&KRIEGER LLP By: City Attomey City of Azusa tYPUB\KCV\661577❑ ❑ CERTIFICATION I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was passed and 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,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: By: Vera Mendoza,City Clerk City of Azusa❑ IOINT CITY/AGENCY CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: MIKE HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR VIA: RICK COLE, EXECUTIVE DIRECTOR DATE: NOVEMEBR 17, 2003 SUBJECT: AMENDMENT TO THE RECIPROCAL EASEMENT AGREEMENT FOR THE CENTRAL BUSINESS DISTRICT PARKING COURT PROJECT RECOMMENDATION It is recommended that the City Council and the Azusa Redevelopment Agency Board (hereinafter referred to collectively as "Council") approve the attached amendment to the Reciprocal Easement Agreement for the Central Business District Parking Court and authorize the Executive Director of the Agency to execute the said amendment. BACKGROUND On October 15, 2003, the Planning Commission approved application C-2003-02, V-2003-17 &P- 2003-35 for the development Plan of the Dr. Reyes Dental Practice redevelopment project. The development proposes expansion of the original building footprint to the interior edge of the sidewalk where the Central Business District Parking Court is located. The Planning Commission requires an amendment to the Reciprocal Easement Agreement(REA)that currently governs the parking court. This REA, which was approved by the City Council on April 19, 1993, provides common parking, access to utilities, and maintenance of the parking court to 14 participants. The expansion of the building footprint is required by the developer in order to make the project financially feasible.The amendment will not impede pedestrian and vehicular accessibility, nor the use of the parking easement to any of the property owners or their customers and it will create an additional parking space. Since the City and agency own several properties along the parking easement, the Council is required to consider approval of the amendment to the REA. FISCAL IMPACT The fiscal impact for this action includes the cost of staff time and minimal legal counsel fees, which w411 be paid from the Dr. Reyes Project#505405 budget. The Honorable Chairman and Members of the Agency Board Subject:Amendment to the Reciprocal Easement Agreement for the CBD Parking Court Project November 17,2003 Page 2 of 2 EXHIBITS: "A" Amendment Prepared by Sandra Ruiz RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Azusa 213 E. Foothill Boulevard Azusa, California 91702 Attn: Redevelopment Agency Exempt from Recording fee pursuant to Gov't Code §27383 (Space above for Recorder's use) FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT among THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a public body corporate and politic, THE CITY OF AZUSA a California municipal corporation, and THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a public body corporate and politic, [Dated as of October 20, 2003 for reference purposes only] Q\DWw W and Settinp\MCwnlDesktW\CrrY COUNCIL\NOVEMEER 17,2003 CITY COUNCIL MEETING\IstAmendE&wmentAgmt_No11.rt[ ARTICLE 1. PARTIES This First Amendment to Reciprocal Easement Agreement ("First Amendment") is entered into among (i) the Redevelopment Agency of the City of Azusa ("Agency"), a public body, corporate and politic, (ii) the City of Azusa ("City"), a California municipal corporation, and (iii) THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic, ("Owner"). The Agency, the City, and the Owner are sometimes hereinafter referred to as a "Party" and collectively as the "Parties". This First Amendment is made with respect to the following facts. ARTICLE 2. RECITALS 2.1 On or about April 19, 1993, the City, the Agency, and a series of fourteen (14) property owners entered into that certain agreement entitled "Reciprocal Easement Agreement" ("Original Agreement"), which was recorded in Los Angeles County Official Records on August 17, 1993, as document number 93-1594444. The terms of the Original Agreement are hereby incorporated by this reference as though fully set forth herein. All initially capitalized terms used, but not otherwise defined, in this First Amendment shall have the same meaning given to them in the Original Agreement. 2.2 The Owner is the owner of that certain parcel of real property("Property") legally described on the attached Exhibit A. The Owner (i) was a party to the Original Agreement, or (ii) is the successor-in-interest to the ownership interest of "Owner No. 14" (as defined in the Original Agreement), one of the signatories to the Original Agreement. As such, the Property is one of the "Parcels" (as defined in the Original Agreement) and is subject to the terms, conditions, burdens and benefits of the Original Agreement. 2.3 As more specifically described in the Original Agreement, a certain non-exclusive easement ("Easement") was created over, across, in, under and through a portion of the Property and the other Parcels described the Original Agreement. The legal descriptions of each of the various Parcels attached to the Original Agreement described the specific portion of the Parcels over which the Easement is located. 2.4 The successor-in-interest to "Owner No. 5" (as defined in the Original Agreement) has proposed the modification, expansion and adaptive reuse of the structure currently located upon Owner No. 5's Parcel ("Development"). For ease of reference, such Parcel is hereinafter referred to as Parcel No. 8611-004-908. 2.5 The Development was submitted to the City for approval pursuant to the City's Municipal and Development Codes and identified as P-2003-35, C-2003-02, and V-2003-17. As proposed, the Development, among other things,would provide for the following encroachments into the Easement area located on Parcel No. 8611-004-908: (i) The enlargement of the existing structure's footprint into an area approximately 20 feet by 35 feet and 4 feet by 15 feet (approximately 688 total square feet) located at the rear of the existing structure and within the Q\Dacw and Se"in �CrrY COUNCILWOVEMBER 17,2003 CITY COUNCIL MEETINGUstAmen Nol4.rlr gs�pe�son�Deaklop ncy•.�— Easement area on Parcel No. 8611-004-908, and (ii) The construction of a second story balcony of approximately 50 feet by 26 feet, extending over the sidewalk and certain of the parking spaces located within the Easement area on Parcel No. 8611-004-908,which balcony will be supported by 8 columns(each column 3 x 2 feet) attached to the ground within the Easement area on Parcel No. 8611-004-908 and directly underneath the balcony. A site map depicting the matters set forth in(i)and(ii) above is attached as Exhibit B. The Development will not impede, hinder, prevent or preclude pedestrian or vehicular ingress/egress and use throughout the Easement area. The Development will result in the creation of one additional parking space within the Easement area on Parcel No. 8611-004-908. No portion of the parking spaces within the Easement area will be set aside for the exclusive use of the Owner, Occupants or Users of the structure located on Parcel No. 8611-004-908. 2.6 Section 8.05 of the Original.Agreement provides that the Original Agreement may be amended by a writing that is executed by all of the Parties having an interest in the Easement area and which is thereafter recorded in the Office of the Recorder of Los Angeles County, California. 2.7 Subject to the terms and conditions of this First Amendment, the Parties agree to the amendment of the Original Agreement as hereinafter set forth. ARTICLE 3. AMENDMENT OF ORIGINAL AGREEMENT 3.1 Effective Date. This First Amendment shall not become effective until the date ('Effective Date")on which it has been duly executed by all Parties and when amendments to the Original Agreement which are identical to this First Amendment have been executed (in recordable form) by all parties having any interest in the Easement as a result of their ownership of the Parcels subject .to the Original Agreement. If the foregoing conditions to the Effective Date of this First Amendment have not occurred on or before March 1, 2004, then any prior approvals and signatures of the Parties will be deemed void ab initio and of no further force or effect. From and after the Effective Date of this First Amendment, wherever the term "Agreement" appears in the Original Agreement it shall be read and understood to mean the Original Agreement as amended by this First Amendment. This First Amendment may be recorded by either the City or the Agency in Los Angeles County Official Records at any time following the Effective Date. 3.2 Amendment of Original Agreement to Permit Encroachment by Project The Parties agree that the Original Agreement is hereby amended to permit the encroachment of the various structures, expansions, footings, foundations, supports and structures into and above the C:\Doommms and SeftuWVpers Zeskbp\CITY COUNCILWOVEMEER 17,2003 CrrY COUNCIL MEETING\IstAmendEa mntAgm[Not4.ttf Parcel 8611-004-908 Easement area, as more specifically described in Recital 2.5 above and as depicted on Exhibit B hereto. 3.3 No Further Acts or Approvals. Each Party to this First Amendment hereby represents and warrants to the other Parties that the representing Party has the full power and authority to execute this First Amendment and that no further act, consent or approval is required to the effectiveness and validity of this First Amendment, except as may be expressly set forth in this First Amendment. Each Party further represents and warrants to the other Parties that its execution and delivery of this First Amendment does not violate any statute,judicial decision, or agreement to which the representing Party is subject or as to which it is bound. 3.4 No Other Amendments. Except as hereinabove expressly set forth, the terms, conditions, covenants and restrictions of the Original Agreement remain in full force and effect. Any subsequent modifications, amendments or cancellations of the Original Agreement shall be made strictly in accordance with the terms thereof or as otherwise permitted by law or by order of a court of competent jurisdiction. [Signatures on the following pages] C:\Daeunems and Settinl¢Vpe \Desktop\Cr Y COUNCILWOVEMBER 17,2003 CIN COUNCIL MEETING\IaAnrodE&mnewApt_Nol4.N' SIGNATURE PAGE TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT AGENCY: THE REDEVELOPMENT AGENCY OF TBE CITY OF AZUSA, a public body corporate and politic By: Rick Cole Executive Director ATTEST: Agency Secretary APPROVED AS TO LEGAL FORM: BEST BEST &KRIEGER LLP By: C:\Daco =and SetthW\cperso Mmklap\CITY COUNCIUNOVEMBER 17,3003 CITY COUNMMEETING\1stA r dE&w eMAgnl_No14.nf SIGNATURE PAGE TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT CITY: THE CITY OF AZUSA a California municipal corporation By: Rick Cole City Manager ATTEST: City Clerk APPROVED AS TO LEGAL FORM: BEST BEST &KRIEGER LLP By: Q\Dmw nu ud SercimpVpe nMesl t p\CTTY COUNCIDNOVFMBER 17,.2003 CITY COUNCIL MEETING\IstAmendEasementAgft_.Nol/.M 7 -1 SIGNATURE PAGE TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT OWNERS: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, A California Municipal Corporation By: Its: STATE OF CALIFORNIA } 'CAPACITY CLAMED BY SIGNER: } I-Individual(s) COUNTY OF LOS ANGELES 1-C} orpmte Officers) fPartner(s) -Attorney-in-Fact ; On 2003,before me,the undersigned notary i-Trustees) public, personally appeared O proved to me -Subscribing witness on the basis of satisfactory evidence to be the person whose name is ;`Ci1efd'ardCcn8e^'81Of subscribed to the within instrument and acknowledged to me that he !SIGNER IS REPRESENTING: executed the sarne in his authorized capacity,and that by his signature on NAME OF PEaSON(S)OR ENTn W) the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Signature of Notary Public STATE OF CALIFORNIA } CAPACITY CLAIMED BY S[GNER: } Individual(s) COUNTY OF LOS ANGELES} I-Corpmte Officers) partners) —Attomey-in-Fact On 2003,before me, the undersigned notary -Th steels) public, personally appeared , 13proved -Subscribing witness to me on the basis of satisfactory evidence to be the persons whose -G"wdi=/Cws for names are subscribed to the within instrument and acknowledged to me -Ot1Cr y I SIGNER IS REPRESENTING: that the executed the same in their authorized capacities, and that by NAME OF PERSON(S)OR ENITTY(IES) their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. i Signature of Notary Public STATE OF CALIFORNIA } CAPACITY CLAIMED BY SIGNER: �! } �-individual(s)corpomtIL- f COUNTY OF LOS ANGELES) I- Partner(s) -Attorney-in-Fact On 2003,before me,the undersigned notary Trustees) public, personally appeared ❑ proved �-Subs biug Witness to me on the basis of satisfactory evidence to be the persons whose �«'an/Cmervator names are subscribed to the within instrument and aclmowledged to me (SIGNER IS REPRESENTING: that they executed the same in their authorized capacities, and that by ,NAME0FPERSONS)0REg1=(IES) their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument WITNESS my hand and official seal. Signature of Notary Public EXHIBIT A TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Owner No. 14, Vacant Lot, 604 North San Gabriel Avenue Legal Description of Property Lots 29 and 30 in block 37 of the City of Azusa, as per map recorded in book 15, page 93 of miscellaneous records in the office of the Los Angeles County Recorder. Easement Description of Property The easement area is described as follows: Beginning from the common southeast comer point between the Property and the Alley to a point 23' westerly, thence 25' northerly, thence 23' easterly to the terminating common northeast comer point between the Property and the Alley. EXHIBIT B TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Site Map [to be attached] CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,OCTOBER 20, 2003—8:37 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 ROTI CALL Roll Call PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho,Assistant Executive Director Person,City Department Heads, Deputy Secretary Toscano,Secretary Mendoza. SCHEDULED ITEMS Sched Items JOINT PUBLIC HEARING—regarding a Disposition and Development Agreement with Joint Pub Hrg Sy Development Corporation, for the redevelopment of agency property located at 619/621 N.Azusa Avenue(Talley Building). 61 Development 619/621 N. The Mayor declared the Hearing open. The City Clerk read the affidavit of proofof Azusa Ave. publication of notice of said Hearing published In the San Gabriel Valley Tribune on Talley Bldg. October 6 and 13, 2003. Economic/Redevelopment Director Hennessey,conducted a power point presentation, In which he explained that the overall purpose of the project,known as Talley Property Hennessey Project,is to create a first class retail space and a residential mix-use In the downtown Comments area. As part of this process,they have undergone a project to rehabilitate the bullding standards outlined by the Cultural and Historical Landmark Commission,In which the primary element will be the maintenance of this facade. This project Included the removal of the Light and Water Bullding. He presented a site plan that slowed the first Floor of the building with to be used for retail and restaurant; second Floor to be residential;and third Floor loft apartments. This site plan was made based on public Input. The cost and funding for this project was explained. The benefits for the City of this project will be: to create a standard for future developments,create first quality residential and retail space,and a historic building In downtown will be restored. Mayor Madrid addressed the Hearing regarding CEQUA guidelines and how this changes would affect the buildings originality, if it needed to be photographed and Madrid archive It for historical purposes. Hennessey responded that the mitigated negative question re declaration was approved,and that efforts were being made to keep the originality of hearing the building. Mayor Pro-tem Rocha addressed the Hearing expressing his concerns on the parking availability once this project Is finished. Hennessey responded that they do not feel Rocha re this will be a problem at the conclusion of the project. However there are Intentions to commission a parking study sic month to a year after the project has been finished to parking be sure that the parking In this area Is not crowded. on project Councilmember Hardison address the Hearing expressing concerns on common thread Hardison for downtown Brea brick structure. He asked that the city save the one from the Commets building. ' Ms. Peggy Martinez addressed the Hearing In-favor of the project. She further p,Mardnez requested that council approve this project,and thanked the Planning Commission for in favor of all their work In moving forward. Talley Pro]. Historical ComMssloner,Mark Ades,address the Hearing in favor of the project. He M.Ades In further explained that the commission has been working together with Redevelopment favor of and have come to agreements,and would like to see an archival of the building. Talley Prof Mr.Hagop Sargislan from SY Development Corporation address the Hearing pleased to know that they are moving forward after three and a half years of working with staff, H.Sarglslan whom he thanked for all the work they have done,and also for the opportunity to be SY D'- part of this project. comment Moved by Coundlmember Hardison, seconded by Coundlmember Stanford and unanimously carried to dose the Public Hearing. Councilmember Chagnon requested from Staff few language dwrlgft on the agreement as follows: Pg. 26 section 3.4.1,line 10,to add Planning staff and Developer to hold Chagnon regular progress meetings. Pg.27 section 3.4.3,to add the City's Planning Department request" to cooperate In efforts to obtain waivers of requirement of alternative Plans. Pg. 30 change some section 3.4.6,to add designee to approve the landscaping plan,not just Mr.Bruckner. of the wording However staff explained that this approval Is based only to the level of the Department of agmnt Head and a designee could not be added. Council Carvalho,stated that If the Agency Board finds that the additional mitigation measure is necessary in order to mitigate the Impacts to a level of Insignificance,than S Carvalho the Board would add a second mitigation category called Cultural Resources,then the comments mitigation measure would be to ardilve the Inside and outside wall with photographs and video tapes,timing would be prior to commencement of construction or prior to pulling the building permits that would be monitored by the City of Azusa Economic Development Department. Coundlmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE DISPOSTION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ND SY DEVELOPMENT,A NEVADA Res.03-838 CORPORATION. Sy Dev. DDA Moved by Councilmember Chagnon,seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency. AYES: BOARDMEMBERS: HARDISON,STANFORD,ROCHA,CHAGNON,MADRID NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING SALE OF REAL PROPERTY(PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION Res.03-C81 33421.1, 33433 AND 33445) IN CONJUNCTION WITH THE DISPOSTION AND Sale of Porp. DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY re SyDev.DDA OF AZUS AND SY DEVELOPMENT,A NEVADA CORPORATION. Talley Pro]. Moved by Coundlmember Chagnon,seconded by Councilmember Hardison 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 10/20/03 PAGE TWO ►' Moved by Councilmember Chagnon, seconded by Councllmember Hardison to a CRA recess Mitigated Negative Declaration and Mitigation Monitoring Program for the redevelopment of the Agency property. THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL CONTINUED AT 8:58 P.M. The CONSENT CALENDAR consisting of Items VII I-A through Vlll-D,were approved by Consent Cal. motion of Director Stanford,seconded by Director Chagnon and unanimously carried. Approved A. Minutes of the regular meeting of October 6,2003,were approved as written. Min approved B. The Agency Treasurer's Report as of September 3, 2003,was received and filed. Treas Rpt C. Formal request for qualification process was waived and approval as given for the 19994 Bond Cnsl selection of Bond Counsel for refinancing the City of Azusa Redevelopment Agency 1994 Tax Allocation Bonds. The professional services agreement was approved with Best,Best and Krieger. D. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. No.03-R39 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF Warrants REDEVELOPMENT AGENCY FUNDS. It was consensus of the Redevelopment Agency Boardmembers to adjourn Adjourn TIME OF ADJOURNMENT: 9:38 P.M. SECRETARY NEXT RESOLUTION NO.03-R40. NEXT ORDINANCE NO.03-ROI. I%20/03 PAGE THREE i • AGENCY CONSENT ITEM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: URIEL E. MACIAS, REDEVELOPMENT AGENCY TREASURER MICHAEL HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR DATE: NOVEMBER 17, 2003 SUBJECT: SELECTION OF UBS FINANCIAL SERVICES, INC., AS THE BOND UNDERWRITER FOR THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TAX ALLOCATION REFUNDING BONDS, SERIES 2003 RECOMMENDATION It is recommended that the Agency Board approve the selection of UBS Financial Services, Inc. as underwriter for the Agency's Tax Allocation Refunding Bonds, Series 2003, and authorize execution of the professional services agreement to provide bond underwriting services including bond structuring, marketing, underwriting any unsold bonds to preserve low rates, and other financial services for the bond refunding. BACKGROUND In October 2003, the Agency Board selected C.M. de Crinis &Co., Inc., as financial advisor ("Financial Advisor"), and Best Best &Krieger for bond/disclosure counsel to assist in refinancing the Agency's 1994 Merged Project Area Tax Allocation Bonds ("Prior Bonds"). To complete the bond financing team, a Bond Underwriter is required. The Underwriter is responsible for structuring the Issue, obtaining bond Insurance, marketing the bonds, and underwriting any unsold bonds to maintain a low Interest rate. On October 28, the Financial Advisor prepared and distributed an Informal RFP (Exhibit A), receiving proposals from three respondents- UBS Financial Services, Inc.; E.J. de la Rosa &Co., Inc.; and Chilton and Associates. The proposals were reviewed by the Financial Advisor, and the following City/Agency staff: City Treasurer, Economic Development/Redevelopment Director, Interim Finance Director, Ass't. Economic Development/Redevelopment Director, and Sr. Accountant-Redevelopment. The proposals are summarized below. Fees(combined 19% Cost per COP/119%TAB based on Bond RespomiIent Marketing Strategy current market) Cwdflrate UBS Financial Focus on all Investor segments with emphasis on retail 12/1&03 $81,144(Incls.extra for $4.39 Servicesbuyers Clod 10b5 Disclosure Report) E.J.de U Rosa Focus on all Investor segments with emphasis on active 1/12/04 $111 A05 $7.96 &CO. and prior buyers of primary market municipal bords Closing Chilton& Act as"portal"to the Investment community,does not 12/30/03 $146,425 $9.50 Associates recommend retail order period Closinst Although all three respondents are well known in their field, UBS was selected for recommendation for the following reasons: t) Their proposed fee and cost per bond is lower than the other two respondents' fees. 2) Their marketing strategy emphasis on retail buyers is backed by a large network of Investment brokers nationwide. Also, retail investors accept lower yields, which will reduce the interest rate on the bond issue. 3) Their experience in issuing Tax Allocation Bonds and Certificates of Participation greatly exceeds that of the other respondents. Since 2001, they have managed 43 issues, E.J. de la Rosa managed 19 issues, and Chilton &Associates managed 10 Issues. 4) UBS managed the City's Issuance of the recent 2003 utility bonds, and were successful in making that issuance fiscally sound and timely. They also successfully managed an issuance for the Azusa Unified School District last year, and are familiar with the City's fiscal condition. 5) UBS is one of the two leading underwriters in California. The scope of services provided by UBS is detailed in the attached professional services agreement, which incorporates their proposal ("Exhibit B"). The complete financing structure, Insurance bids, rating agency results, and final forms will be presented to the Agency Board in December. FISCAL IMPACT The fees for the Underwriter will be reimbursed directly from the bond proceeds. Prepared by. Roseanna J.Jara,Sr.Acct.-Redevelopment UEM:Mycs Attachments i Mal N wow CITY OF AZUSA MINUTES Of THE AZUSA PUBLIC FINANCING AUTHORITY REGULAR MEETING MONDAY, OCTOBER 20,2003-9:39 P.M. The Board of Directors of the Azusa Public Financing Authority of the City of Azusa met In regular session at the above date. Chairperson Mayor Madrid called the meeting to order. Call to Order ROLL Roll Call PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho,Assistant Executive Director Person,CIty Department Heads, Secretary Mendoza,Deputy Secretary Toscano. The CONSENT CALENDAR consisting of Items IX-A through IX-C,were approved by Consent Cal motion of Director Stanford,seconded by Director Hardison and unanimously carried. Approved A Minutes of the regular meeting of October 6, 2003,were approved as written. Min approved B. Authority's Treasurer's Report as of September 30,2003,was received and filed- Treas Rpt C. Formal request for qualification process was waived and approval as given for the BByt Counsel selection of Bond Counsel for refinancing the Azusa Public FlnancingAuthodty 1994 Svcs 1994 Cerdflc City Certificated of Participation. The professional services agreement with Best, participation Best and Krieger to provide bond and disclosure counsel services for the certificate refunding,as approve. It was consensus of the Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 9:40 P.M. SECRETARY NEXT RESOLUTION NO.03-P4. MEOM ! MEWF-F CONSENT ITEM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: ORIEL E. MACIAS, PUBLIC FINANCING AUTHORITY TREASURER STEVE KENOYER, ACTING FINANCE DIRECTOR VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 17, 2003 SUBJECT: SELECTION"OF UBS FINANCIAL SERVICES, INC., AS THE BOND UNDERWRITER FOR THE REFINANCING OF THE AZUSA PUBLIC FINANCING AUTHORITY 1994 CERTIFICATES OF PARTICIPATION RECOMMENDATION It is recommended that the Board Members waive the formal request for qualification process and approve the selection of FIBS Financial Services, Inc. as underwriter for the Authority's 1994 Certificates of Participation, and authorize execution of the professional services agreement to provide bond underwriting services including bond structuring, marketing, underwriting any unsold bonds to preserve low rates, and other financial services for the bond refunding. BACKGROUND In October 2003, the Authority Board selected C.M. de Crinis &Co., Inc., as financial advisor ("Financial Advisor"), and Best Best&Krieger for bond/disclosure counsel to assist in refinancing the Authority's 1994 Certificates of Participation. These bonds were Initially issued to pay for constructing the Senior Center and for renovation work at the City Hall complex. To complete the bond financing team, a Bond Underwriter Is required. The Underwriter is responsible for structuring the Issue, obtaining bond Insurance, marketing the bonds, and underwriting any unsold bonds to maintain a low interest rate. On October 28, the Financial Advisor prepared and distributed an informal RFP (Exhibit A), receiving proposals from three respondents— UBS Financial Services, Inc.; E.J. de la Rosa &Co., Inc.; and Chilton and Associates. The proposals were reviewed by the Financial Advisor, and the following City/Agency staff: City Treasurer, Economic Development/Redevelopment Director, Acting Finance Director, Asst. Economic Development/Redevelopment Director, and Sr. Accountant-Redevelopment. The proposals are summarized below. Fees(Combined 1994 CCIP/1994 TAB based on Cost per Bond Respondent Marketing Strategy Timing current market) Certificate UBS Financial Focus on all Investor segments with emphasis on retail 17/18/03 $81,144(Inds.extra for $4.39 Services buyers Closing tObS Disclosure Report) E.J.de is Rosa I Focus on all Investor segnents with emphasis on active 1112/04 $111,405 $7.% &CO. and or of market munid bonds Closing Chikon& Act as'portal'to the krvestment community;does not I ZMA x03 S 146,425 $9.50 E] Assodates recommend retail order Wod I Clod Although all three respondents are well known In their field, UBS was selected for recommendation for the following reasons: 1) Their proposed fee and cost per bond is lower than the other two respondents' fees. 2) Their marketing strategy emphasis on retail buyers Is backed by a large network of investment brokers nationwide. Also, retail Investors accept lower yields, which will reduce the interest rate on the bond Issue. 3) Their experience in Issuing Tax Allocation Bonds and Certificates of Participation greatly exceeds that of the other respondents. Since 2001, they have managed 43 issues, E.J. de la Rosa managed 19 Issues, and Chilton &Associates managed 10 Issues. 4) UBS managed the City's issuance of the recent 2003 utility bonds, and were successful in making that Issuance fiscally sound and timely. They also successfully managed an issuance for the Azusa Unified School District last year, and are familiar with the City's fiscal condition. 5) UBS is one of the two leading underwriters In California. The scope of services provided by UBS Is detailed In the attached professional services agreement, which Incorporates their proposal ("Exhibit B"). The complete financing structure, Insurance bids, rating agency results, and final forms will be presented to the Authority Board in December. FISCAL IMPACT The fees for the Underwriter will be reimbursed directly from the bond proceeds. Under current market conditions, their fee is estimated to be $81,144 combined for the refinancing of the APFA Certificates of Participation and the Redevelopment Agency Tax Allocation Bonds.