Loading...
HomeMy WebLinkAboutAgenda Packet - May 17, 2004 - CCThis page is part of your document-DO NOT DISCARD RECORDING REQUESTED BY WHEN RECORDED MAIL TO Name: Mailing Address Tf"l/t..1> L- City, State A-CA Cf-! Zip Code 2UJ/i TITLE(S) : 04 1952514 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE I.OS ANGELES COUNTY CALIFORNIA 2:21 PM JUL 29 2004 ~--------- 11~111111111111111 CODE 20 CODE 19 CODE 9 L E A D S H E E T CODE 24 Assessor's Identification Number (AIN) D.T.T J • To be completed by Examiner OR Title Company in black ink. Number of Parcels Shown THIS FORM NOT TO BE DUPLICATED 04 1952514 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702 Attn: City· Clerk's Office Exempt from filing fees -Govt Code §61-031 (Space above for Recorder's Use) DEVELOPMENT AGREEMENT between THE CITY OF AZUSA a California municipal corporation and MONROVIA NURSERY COMPANY a California corporation ORIGINAL 57848-00030-1385098.11 1 ARTICLE 1. PARTIES AND DATE. This Development Agreement ("Agreement") is dated May 2 7 2004, for reference purposes only and is entered into between the City of Azusa, a California municipal corporation ("Azusa"), and the City of Azusa Light and Water Department ("ALW") Gointly referred to as the "City") and Monrovia Nursery Company, a California corporation ("MNC"), and its successors and assigns ("Owner"). The City and the Owner are hereinafter sometimes referred to individually as a "Party" and jointly as the "Parties." The capitalized terms utilized herein shall have the meanings ascribed to them in Article 3 of this Agreement or shall have the meanings given to them at the point at which they first appear. This Agreement shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1. The City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and 2.2. The City has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 of the Govermnent Code; and and 2.3. MNC is the present owner of the Property which is the subject of this Agreement; 2.4. MNC intends to transfer all or portions of the Property ( other than the Vosburg House parcel) to a master developer or developers who will succeed MNC as the Owner or Owners under this Agreement. The Development of the Property shall be undertaken by such successor Owners; and 2.5. The City has conducted a Citizen's Congress process, including a national design competition, to create a Development Plan for the Development of the Property; and 2.6. The City has, or as of the Effective Date will have, approved the Existing Development Approvals for the Development of the Property in accordance with the Development Plan; and 2. 7. The Owner has requested that the City enter into this development agreement governing the Development of the Property, and proceedings have been taken in accordance with the rules and regulations of the City; and 2.8. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in the Agreement and under state law, the City's ability to hinder, delay, postpone, preclude or regulate Development on the Property, except as provided for herein. By entering into this Agreement, the City binds the City, 57848-00030-1385098.11 2 including future City Councils of the City, by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of the City; and 2.9. The terms and conditions of this Agreement have undergone extensive review by the City and the City Council and have been found to be fair, just and reasonable; and 2.10. All of the requirements of the California Environmental Quality Act (Public Resources Code § 21000, et seq.) ("CEQA") have been met with respect to the Project and the Agreement and the City has previously reviewed, considered and certified the Monrovia Nursery Specific Plan and Project Environmental Impact Report SCH No. 2002071046 ("EIR") and adopted Findings and a Statement of Overriding Considerations and a Mitigation Monitoring Plan applicable thereto; and 2.11. This Agreement and the Project are consistent with the City of Azusa General Plan (the "General Plan") and the Monrovia Nursery Specific Plan; and 2.12. All actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.13. Development of the Property in accordance with this Agreement will provide substantial benefits to the City, including without limitation certain fees, public dedications and public improvements which the City could not legally impose on the Development of the Project, and will further important policies and goals of the City; and 2.14. This Agreement will eliminate uncertainty in planning and provide for the orderly Development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the Development of the Project and generally serve the purposes for which development agreements authorized under Sections 65864, et seq. of the Government Code are intended; and 2.15. 1bis Agreement is made in reliance upon the agreements, representations and warranties contained herein. The Parties acknowledge that, in reliance thereon, the Owner and its successors and assigns will take certain actions, including making substantial expenditures of monies, relative to the Project and the Property and the Development thereof; and 2.16. The Owner has incurred and will in the future incur costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement; and 2.17. On December 17, 2003, the City Planning Commission held a duly noticed public hearing on the Owner's application for the Development Agreement and by Resolution No. 2003-44 recommended to the City Council approval of this Agreement; and 57848-00030-1385098.11 3 04 1952514 2.18. On January 5, 2004, the City Council of the City held a duly noticed public hearing on the Owner's application for the Development Agreement. On January 20, the City Council approved Resolutions calling for an election for this agreement, and in those Resolutions and related documents affirmed the findings required under Government Code Section 65867.5 for approval of this Agreement, and voted to submit this Agreement to a vote of the electorate at a special election scheduled for May 4, 2004; and 2.19. For all of the reasons recited herein, the Parties have determined that the Project is a development for which this Agreement is appropriate and desire to enter into this Agreement. THEREFORE, the Parties agree as follows: ARTICLE 3. GENERAL TERMS. 3.1. Definitions and Exhibits. The following terms when used in this Agreement shall be defined as follows: 3.1.1 "Agreement" means this Development Agreement. 3.1.2 "City" means the City of Azus<lo a California municipal corporation ("Azusa"), and the City of Azusa Light and Water Department ("ALW"). 3.1.3 "Days" means calendar days unless otherwise specified. 3.1.4 "Dedicate" or "Dedication" means to offer the subject land for dedication and, if necessary, to post sufficient bonds or other security for the improvements, if any, to be constructed by the Owner on such land, at the time of recordation of the final subdivision map for which such dedication is a condition of approval or as otherwise provided in Article 5. 3.1.S "Development" or "Develop" means the improvement of the Property for purposes of constructing and completing the structures, improvements and facilities comprising the Project, including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. "Development" or "Develop" includes the operation, use and occupancy of, and the right to maintain, repair, or reconstruct, any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such repair, or reconstruction takes place within the Term of this Agreement on parcels subject to it. 3.1.6 "Development Approvals" means all actions which require the exercise of judgment or a discretionary decision by the City in connection with Development of the Property including: 57848-00030-1385098.11 4 04 1952514 (i) General Plan amendments; (ii) Specific plans and specific plan amendments; (iii) Zoning; (iv) Tentative and final subdivision and parcel maps; ( v) Conditional use permits, but only as to those conditions and requirements pertaining to the Development of the Property; ( vi) Preliminary plans, conceptual plans, design review approvals, development review approvals and precise plans; (vii) Demolition, grading and building permits; and ( viii) Any environmental approvals and certifications. "Development Approvals" specifically do not include this Agreement. 3.1. 7 "Development Exactions" means all exactions, in lieu fees or payments (including but not limited to capital facilities fees, impact mitigation fees, and service connection fees) or Dedication or reservation of land requirements, obligations for on-site or off-site improvements or construction requirements (including those not normally regarded as subdivision improvements (i.e., those having a direct nexus to the particular subdivision)), mitigation measures in connection with environmental review, or impositions made under other rules, regulations, or official policies of the City or in order to make a project approval consistent with the General Plan, including without limitation, any requirements of the City in connection with or pursuant to any Land Use Regulation or Development Approval for the development of land, the construction of improvements for public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment or other public interests. Development Exactions shall not include Processing Fees or Taxes. 3.1.8 "Development Plan" means the Existing Development Approvals applicable to the Development of the Property, as implemented, refined, modified and supplemented by Subsequent Development Approvals. 3.1.9 "Effective Date" of this Agreement means the effective date of the Ordinance pursuant to California law. 3.1.10 "Existing Development Approvals" means all Development Approvals approved or issued on or before the Effective Date, including the General Plan Amendment to designate the Property SP (GPA 2002-03), the Monrovia Nursery Specific Plan, the Zone Change (Z2002-03) to Specific Plan (SP-6), the pre-zoning of the Annexation Property (as defined in Section 3.1.20 hereof) to Specific Plan (SP-6) and the initiation of annexation 57848-00030-1385098.11 5 04 1952514 proceedings, Vesting Tentative Tract Map No. 54057, and the Mitigation Monitoring Plan, incorporated herein as Exhibit "D." 3.1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect on January 20, 2004, as modified by the Existing Development Approvals; provided, that, in the event of any conflict between the Land Use Regulations in effect on January 20, 2004 and the Existing Development Approvals, the Existing Development Approvals shall control. 3.1.12 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use ofland, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. "Land Use Regulations" do not include any City ordinance, resolution, code, rule, plan, regulation or official policy, governing: (i) The conduct, licensing or taxation of businesses, professions, and occupations; (ii) Other than as provided in this Agreement, taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land ( e.g. excise tax) or to directly finance the construction or maintenance of any public improvement in respect of which the Owner is paying any fee or providing any improvement pursuant to Article 5 hereof; · (iii) The control and abatement of nuisances; (iv) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (v) The exercise of the power of eminent domain; or (vi) The exercise of the Redevelopment Agency ofthc City of Azusa's redevelopment powers to form, amend, merge, and administer redevelopment project areas and redevelopment plans. 3.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender and its successors-in-interest. 3.1.14 "Mitigation Monitoring Plan" means the Mitigation Monitoring and Reporting Program for the Monrovia Nursery Specific Plan and Project Environmental Impact Report adopted by the City in conjunction with the EIR described in Recital 2.10, incorporated herein as Exhibit "D." 57848-00030-1385098.11 6 U4 1~52514 3.1.15 "Owner" means Monrovia Nursery Company, a California corporation ("MNC"), the current owner of the Property, and each of its successors in interest as the owner of all or any part of the Property. 3.1.16 "Phasing Plan" means the Development and Infrastructure Phasing Plan. to be submitted by the Owner to the Community Development Director and the City Engineer for review and approval as provided in Condition No. 4 of the Existing Development Approvals. 3.1.17 "Processing Fees" means the normal and customary application, filing, plan check and permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, AL W permits and requirements, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are published and in force and effect on a citywide .basis and charged by the City to applicants on a non-discriminatory basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.18 "Project" means the Development of the Property ( or portion thereof) as set forth in the Development Plan, as such Development Plan may be further defined, enhanced or modified by the Owner pursuant to the provisions of this Agreement. 3.1.19 "Project Development Exactions" mean those Development Exactions applicable to the Development of the Property pursuant to the Development Plan under the Existing Land Use Regulations. 3.1.20 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B," except for the Vosburg House parcel shown on Exhibit "B," including the portion of such real property located in unincorporated Los Angeles County (the "Annexation Property") to be annexed into the municipal boundaries of the City upon the final disposition of the annexation proceedings therefor (the "Annexation") on or before December 31, 2010 (as same may be extended pursuant to Section 3.9(iv) hereof). Upon the transfer by the City of the Heth Reservoir Site to the Owner under Section 5.3(vii) hereof, the term "Property" shall be deemed to include the transferred Heth Reservoir Site. 3.1.21 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to the Owner under this Agreement and reserved to the City as described in Section 4.7. 3.1.22 "Specific Plan" means the Monrovia Nursery Specific Plan. 3.1.23 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date , in connection with Development of the Project on the Property, including, without limitation, subsequent tentative tract maps, precise plan of design approvals and subdivision improvement agreements which require the provision of bonds or other security. Subsequent Development Approvals include, without limitation, all excavation, 57848-00030-1385098.11 7 04 1952514 grading, building, construction, demolition, encroachment or street improvement permits, conditional use permits, tree removal permits, landscaping permits, occupancy certificates, community facilities districts or similar financing mechanisms, utility connection authorizations, engineering design and master plan design drawings, utility plans, permits, authorizations and approvals, Development Approvals required under the conditions of approval of the Existing Development Approvals, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project at such times and in such sequences as Owner may choose consistent with the Development Plan and this Agreement. Upon approval, any Subsequent Development Approvals shall become part of the Existing Land Use Regulations for the Property, and the Owner shall have a "vested right," as that term is defined under California law, in and to such Subsequent Development Approvals by virtue of this Agreement. 3.1.24 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after January 20, 2004. 3.1.25 "Taxes" means general or special taxes, including but not limited to, property taxes, sales taxes, transient occupancy taxes, or business taxes of general applicability citywide which do not burden the Property disproportionately to other similar types of development within the City, as provided in Section 3.l.12(ii). Other initially capitalized terms appearing in this Agreement shall have the meaning given to them at the point at which they first appear. 3.2. Exhibits. The following documents are attached to and, by this reference, made a part of this Agreement: Exhibit "A" --Legal Description of the Property. Exhibit "B" --Map showing Property and certain Project features. Exhibit "C" --Existing Development Approvals. Exhibit "D" --Mitigation Monitoring Plan. Exhibit "E" -Intentionally Omitted. Exhibit "F" -Illustrative Site Plan. Exhibit "G" -CFD Financing Plan. Exhibit "H" --Parks Summary. 3.3. Binding Effect of Agreement. Subject to the Annexation of the Annexation Property, the Agreement, and all of the terms and conditions of this Agreement, shall run with 57848-00030-1385098.11 8 04 1B52514 the land comprising the Property. This Agreement shall he binding upon and inure to the benefit of the Parties and their respective assigns, heirs, successors, devisees, administrators, representatives, lessees and any person who acquires an interest in the Property. 3.4. Ownership of Property. MNC represents and covenants that it is the current owner of fee simple title to the Property as of the Effective Date. MNC intends to transfer all or portions of the Property to a master developer or developers which will succeed to MNC's interest as the Owner or Owners hereunder. MNC shall not undertake the Development of the Property under this Agreement 3.5. Term. The term ("Term") of this Agreement shall commence on the Effective Date and shall continue for a period of ten (10) years thereafter, unless terminated sooner pursuant to a specific provision of this Agreement. The Term of this Agreement shall be extended for one (1) additional five (5)-year period following the expiration of the initial ten (10)-year period upon the occurrence of all of the following: (i) The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial ten (10)-year period that the Owner desires to extend this Agreement for the additional five (5)-year period; (ii) At the time of the notice described in (i) above, certificates of occupancy shall have been issued for at least seventy-five (75%) of the residential dwelling units authorized by the Development Plan; (iii) At the time of the notice described in (i) above, there is no hearing pending against the Owner under Section 7.4; provided, however, that the Term of this Agreement shall be extended during and for the period of the pendency of any hearing (including any continuances or extensions thereof or any appeal proceedings) conducted under Section 7.4 if, at the conclusion of that hearing or appeal proceeding, it is determined that the Owner was not in material breach ofthis Agreement; and (iv) The Owner shall not then be in default of any material provision of any agreement between City and Owner relative to the Development of the Property or of any condition of approval imposed upon any Development Approval for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days thereafter. Notwithstanding the foregoing, in the alternative, upon the Owner's written request, the City may, in its sole and absolute discretion, agree to extend the Agreement for one (1) additional five (5)-year period. The Term of this Agreement shall be automatically extended for the period of any Events of Force Majeure as provided in Section 12.11 hereof. 3.6. Assignment, Sale and Transfer of Interest in the Property and This Agreement. 57848-00030-1385098.11 9 04 1952514 3.6.1 Right to Assign or Transfer the Property. The Owner may transfer all or any portion of the Property at any time without the City's consent. Each such transferee ("Transferee") shall take, hold and Develop the Property ( or portion thereof) subject to the provisions of this Agreement and shall be deemed to be the "Owner" under this Agreement as to the Property ( or portion thereof) transferred to such Transferee. 3.6.2 Liabilities Upon Transfer. Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of all or any portion of the Property, the transferor Owner will be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) the transferor Owner has provided to the City prior or subsequent written notice of such transfer and (ii) the Transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of transferor Owner's obligations under this Agreement by such Transferee, the City agrees to look solely to the Transferee as the "Owner" under this Agreement for compliance with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such Transferee. Any such Transferee shall be entitled to the benefits of this Agreement as "Owner" hereunder and shall be subject to the obligations ofthis Agreement applicable to the portion of the Property transferred. 3.6.3 Effect of Subsequent Amendments and Defaults by Transferee. Any amendment to this Agreement between the City and a Transferee shall only affect the portion of the Property owned by such Transferee, and shall not cancel, diminish or alter in any way the rights under this Agreement of any other Owner or Owners with respect to any portion of the Property not owned by such Transferee. A default by any Transferee shall only affect that portion of the Property owned by such Transferee and shall not cancel, diminish or alter in any way the rights under this Agreement of any other Owner or Owners with respect to any portion of the Property not owned by such Transferee. 3.6.4 Lender's Rights and Obligations. Nothing contained in this Section 3.6 shall prevent a transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of foreclosure, and any successor in interest (including the lender) acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure, shall take the Property, or such portion of the Property, subject to the rights and obligations of the Owner under this Agreement; provided, however, in no event shall such successor be liable for any defaults or monetary obligations of the Owner arising under this Agreement prior to acquisition of title to the Property by such successor, and provided further that in no event shall any such successor be entitled to a building permit or occupancy certificate until all fees due under this Agreement relating to the portion of the Property acquired by such successor have been paid to the City and until any other monetary default relating to the portion of the Property acquired by such successor has been cured. 3.7. Termination of Agreement With Respect to Individual Lots and Units. 57848-00030-1385098.11 10 04 1952514 I 3. 7.1 Release of Residential Lots/Units. Any other prov1s10ns of this Agreement notwithstanding, (a) this Agreement shall terminate (i) with respect to any lot upon the sale of such lot, or (ii) with respect to any unit ("MFU") in a multi-family residential common interest subdivision upon the sale of the first MFU in the building in which such MFU is located, and (b) each such lot or MFU shall be released and no longer be subject to this Agreement without need for the execution or recordation of any further document, upon satisfaction of both of the following conditions: (i) The lot or MFU has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (ii) A certificate of occupancy has been issued for a building on the lot or, in the case of an MFU, for the building in which the MFU is located. 3.7.2 Release of Commercial Lot. A Transferee of a commercial lot (i) which has been finally subdivided as provided for in the Development Plan and for which a commercial site precise plan of design review for development of the lot has been finally approved pursuant to the Development Plan or (ii) if such commercial site precise plan of design review has not been approved, the lot is a subdivided lot and the conditions of approval of the subdivision map require security to the reasonable satisfaction of the City for the performance of the improvement obligations applicable to the lot, may submit a request, in writing, to the City to release said lot from the obligations under this Agreement relating to all other portions of the Property. Within thirty (30) days of such request, the City's Community Development Director, or his or her designee, shall review and, if the above conditions are satisfied, shall approve the request for release and notify the Transferee in writing thereof. 3. 7.3 Release of Recreational Lots. This Agreement shall terminate with respect to any lot designated in the Development Plan, this Agreement, or the Development Approvals for recreational or open space uses upon completion of all improvements required for that lot as identified in the Development Plan and commencement of recreational use of such lot. 3. 7.4 Release of Infrastructure Obligations. Upon completion of any obligation of the Owner for the performance of infrastructure improvements covered by the Phasing Plan, upon request of the Owner, the City shall release the Owner from such obligation and shall provide written evidence of the completion of such obligation as provided in Section 3.7.5. 3.7.5 City to Execute Acknowledgments of Release. Upon written request by the Owner, the City shall provide releases, reasonably acceptable to the City Attorney in form and substance, confirming the provisions of this Section 3. 7 as to a particular lot, MFU, portion of the Property or infrastructure obligation. No such release approved pursuant to this Section 3.7.5 shall cause or otherwise effect a release of the Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by the Owner or remaining infrastructure obligations to be performed by the Owner. 57848-00030-1385098.11 11 04 1952514 3.8. Amendment or Cancellation of Agreement. This Agreement may be amended, modified or canceled in whole or part only by the following means: (i) As provided in Article 7; (ii) Pursuant to Government Code Section 65869.5, as necessary to comply with state or federal laws or regulations enacted after the Effective Date; provided, however, that this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render the remaining provisions of this Agreement impractical to enforce; or (iii) By mutual written consent of both the City and the Owner pursuant to Government Code Section 65868, following all required public notices and hearings and City Council approval; provided, however, that within the limits of the authority granted to him or her, the City's Director of Community Development may make the following minor modifications to this Agreement without the need for formal action by the City's Planning Commission or City Council: (a) Minor Project modifications such as are permitted under the Specific Plan; (b) Minor modifications of schematic plans previously approved by the City; (c) Minor modifications that do not alter the Term of this Agreement, the permitted uses, density or intensity of uses, the maximum height or size of buildings, provisions for reservations or Dedication ofland, conditions, terms, restrictions and requirements relating to Subsequent Development Approvals, and monetary contributions by the Owner; or (d) Clarifications or adjustments by Operating Memoranda, as provided in Section 4.4. 3.9. Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this Agreement as set forth in Section 3.5, or as provided by Section 12.3; (ii) Entry of a final judgment setting aside, voiding or annulling the adoption of the Ordinance approving this Agreement; (iii) The failure of the Annexation of the Annexation Property to occur by December 31, 2010 (or, in the event the Agreement is extended pursuant to Section 3.5, December 31, 2015); 57848-00030-1385098.11 12 04 1952514 (iv) Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by the City or other applicable public agency of all required Dedications and improvements; or (v) The entry of a final judgment ( or a decision on any appeal therefrom) voiding the General Plan or any element thereof, which judgment or decision would preclude Development of the Project, but only if the City is unable to cure such defect in the General Plan or element within two (2) years from the later of entry of final judgment or the decision on appeal. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination, or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, all Processing Fees and other monetary amounts paid pursuant to Article 5 by the Owner to the City for any residential unit or commercial structure for which construction has not yet begun shall be refunded (without interest) to the Owner by the City within forty-five (45) days after termination, unless otherwise specifically provided elsewhere in this Agreement. 3.10. Notices. 3.10.1 As used in this Agreement, "notice" includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.10.2 All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below. All notices shall be addressed as follows: 57848-00030-1385098.11 I 13 04 1952514 If to the City: City Manager City of Azusa 213 East Foothill Blvd. Azusa, CA 91702 Facsimile: (626) 334-6358 With copies to: Azusa City Attorney c/o City Clerk City of Azusa 213 East Foothill Blvd. Azusa, CA 91702 Facsimile: (626) 334-6358 If to the Owner: Monrovia Nursery Company 18331 East Foothill Boulevard P. 0. Box 1385 Azusa, CA 91702-1385 Facsimile: (819) 334-3126 With copies to: 3.10.3 Any Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a Party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of cbange shall not be invalidated by the change. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1. Right to Develop. The Owner shall, subject to the terms of this Agreement, have a vested right, but not the obligation, to Develop the Project, including a total of 1,250 dwelling units and 50,000 square feet of commercial development as generally depicted on the Illustrative Site Plan incorporated herein as Exhibit "F," in accordance with and to the extent of the Development Plan, subject to the Existing Land Use Regulations and Reservations of Authority. Neither the City, nor any person or agency acting on behalf of the City or at the City's request, 57848-00030-1385098.11 14 04 1952514 shall take any action relating to the Property which would have the direct or indirect effect to interfere with the Owner's rights to the Development of the Project, including a total of 1,250 dwelling units and 50,000 square feet of commercial development, on the Property under this Agreement, provided that the Owner has complied with its obligations under this Agreement. The Owner shall have no liability under this Agreement if the contemplated Development of the Project fails to occur in whole or in part. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the Development Exactions and provisions for the reservation and Dedication of land for public purposes and other terms and conditions of Development applicable to the Property shall be those set forth in the Development Plan and as generally depicted on the Illustrative Site Plan. Notwithstanding the foregoing, the size, configuration, height and location of structures, improvements, infrastructure and other features, the site layout and basic design concepts, the size, shape and dimensions of particular parcels, the grades and elevations of pads and other features, and the locations of streets, utilities, ingress and egress, among other things, shown on Exhibit "F" are illustrative only and are, therefore, subject to change upon written notice from the Owner, and the City shall execute any Operating Memorandum relative thereto in accordance with Section 4.4 hereof, provided that such changes are otherwise consistent with the Vesting Tentative Map. The Property may also be used and developed as additionally authorized by any Subsequent Development Approvals requested by the Owner and by amendments, if any, hereafter entered into in accordance with Section 3.8 of this Agreement. 4.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided by this Agreement, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, subdivision, public improvements (including infrastructure and utilities), provisions to reserve and Dedicate land, AL W infrastructure and other requirements, standards and impositions, Development Exactions and the design, improvement, occupancy and construction standards and specifications applicable to Development of the Property shall be the Existing Land Use Regulations. Except as otherwise provided in this Agreement, the City shall only charge to the Project those fees, assessments and amounts which were in effect as of January 20, 2004, and no additional Development Exactions. Development Exactions under the Subdivision Map Act may be imposed by the City on the Development of the Property, provided, however, that in approving tentative subdivision maps, the City may impose only those ordinary and necessary requirements to Dedicate rights-of-way or easements for public access, utilities, water, sewers and drainage, having a direct nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of the Owner's obligations thereunder. Notwithstanding the foregoing, the Development Plan for the Project, the Illustrative Site Plan and this Agreement shall supersede all Existing Land Use Regulations that may be inconsistent therewith. 57848-00030-1385098.11 15 04 1952514 This Agreement shall be enforceable by the Owner of any portion of the Property and all successor(s) or assign(s), notwithstanding any change in or addition to the applicable General Plan, specific plans, zoning, subdivision, ALW regulations, requirements, policies or procedures, land use, building or occupancy resolutions, ordinances, orders, actions, initiatives, referenda, policies, plans or regulations (including but not limited to the rules, regulations or official policies relating to zoning; growth management; subdivision; land use; moratoria; permitted uses; intensity of use; density; design; levels of service for traffic improvements or traffic mitigation requirements; AL W infrastructure and other requirements, standards and impositions; utilities; schools; parks; police, fire or paramedic protection; drainage protection or flood control; restrictions, if any, on timing, sequence, or phasing of development; grading; slope development standards; construction, improvement, building or occupancy standards or specifications; requirements to provide public improvements, services or infrastructure ( or contributions in lieu thereof) or Dedications or reservations of property for public use; or any other conditions or exactions applicable to the Development of the Property or the Project) enacted, approved, adopted or instituted by the City (including by the electorate, by initiative, referendum or otherwise) after the Effective Date. Except as otherwise provided in Article 6 of this Agreement, the City may not include the Property in any community facilities, assessment or other district formed by or on behalf of the City without the consent of the Owner, or Owner's successor(s) in interest to the Property (or portion thereof). 4.3. Timing of Development. The Parties acknowledge that the Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of the Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (l 984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to Develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its business judgment, subject only to any timing or phasing requirements set forth in the Existing Development Approvals, the Phasing Plan or this Agreement. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of the development phases or entitlements to use or service (including without limitation water and sewer), or construction of all or any part of the Project, whether imposed by ordinance, initiative, resolution, policy, order or otherwise and whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property or any portion thereof. 4.4. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and the Owner. The anticipated refinements to the Project and to the Development of the Property may demonstrate that clarifications to this 57848-00030-1385098.11 16 I 04 1952514 Agreement and the Existing Land Use Regulations are appropriate with respect to the details of performance of the City and the Owner. To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement including the Exhibits hereto, except for those which relate to the (i) term; (ii) permitted uses; (iii) density or intensity of use; (iv) height or size of buildings; (v) provisions for reservation and dedication of land; (vi) development of public improvements or monetary contributions by the Owner; or (vii) any conditions or covenants relating to the use of the Property. The Parties acknowledge and agree that the Development Plan is conceptual, and that the location, extent, dimensions, elevations and configurations of elements, features and engineering aspects of the Project may be modified by the Owner, at the Owner's option, so long as such modifications are consistent with the express requirements of the Development Plan. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions not enumerated in (i) through (vii) above, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the "Operating Memoranda") acknowledged by the Parties in writing which reference this Section 4.4. Operating Memoranda shall constitute only ministerial clarifications, and are not intended to constitute an amendment to this Agreement; therefore public notices and hearings shall not be required. The term "Agreement" herein shall include all amendments properly approved and executed pursuant to Section 3.8 and all changes, adjustments or clarifications by Operating Memoranda as set forth in this Section 4.4. 4.5. Processing of Implementing Subsequent Development Approvals. The City shall retain its discretionary powers in conducting hearings, and reviewing and acting on applications for Subsequent Development Approvals ( other than ministerial determinations, including approval of the substantial conformance maps for tentative tract maps) for the Project not yet granted on the Effective Date, and imposing reasonable conditions in connection with such Subsequent Development Approvals, provided that the reviews shall be applied in a manner that is consistent with this Agreement and the Existing Land Use Regulations and provided that any such Subsequent Approvals and the conditions thereto do not materially delay, impede, interfere with, or place burdensome or restrictive measures in connection with, the Development of the Project or any portion thereof or the land uses, densities or intensities of use, the timing, sequence or phasing of development, public improvements, Project Development Exactions and requirements to Dedicate land, or other matters covered by this Agreement, and provided further that such conditions shall not impose additional obligations to Dedicate land or infrastructure and public improvement requirements, fees or Project Development Exactions in excess of those identified in this Agreement. The City shall promptly consider and adopt or grant the necessary Subsequent Development Approvals for the Project which are a logical evolution of and which will accomplish the goals, objectives, policies and plans of the Development Plan, including, without limitation, the substantial conformance maps for tentative tract maps, grading plans, engineering plans, utility plans, and architectural and design plans. The City shall not impose any conditions, items, restrictions or requirements upon the Subsequent Development Approvals which are inconsistent with this Agreement or which will, directly or indirectly, prevent, impede, 57848-00030-1385098.11 17 04 1952514 I or hinder Development of the Project. The Owner applying for any Subsequent Development Approval may protest any conditions, Dedications, Development Exactions or fees while continuing with the Development of the Property while satisfying the protested item, and such a protest shall not delay or stop the issuance of building permits or certificates of occupancy. 4.6. Changes and Amendments to Approvals. Throughout the Term of this Agreement, the Owner shall have the right, at its election and without risk to any right that is vested pursuant to this Agreement, to apply to the City for modifications to Existing Development Approvals and Subsequent Development Approvals. Upon application by the Owner for a Subsequent Development Approval to effectuate such change, the City shall act on such application in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority; provided, however, that a Subsequent Development Approval shall not be required for minor amendments (as specified in the Development Plan), for approvals of substantial conformance maps for tentative tract maps or for modifications by the Owner permitted pursuant to Section 4.4 hereof. The processing, review and approval by the City of any such modifications shall proceed in accordance with Section 4.15 hereof. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. If approved, any such change in the Existing Development Approvals or the Subsequent Development Approvals shall be incorporated as an addendum to Exhibit "C" (Existing Development Approvals), and may be further changed from time to time as provided in this Section 4.6. 4.7. Reservations of Authority. Any other prov1s10n of this Agreement to the contrary notwithstanding, Subsequent Land Use Regulations so limited to the following shall apply to the Development of the Property: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are published and in force and effect on a citywide basis at such time as said approvals, permits, reviews, inspections or entitlements are applied for by the Owner, and provided that such fees do not exceed the fees that are generally charged by the City to other applicants on a non-discriminatory basis for similar approvals, permits, review, inspections or entitlements. (ii) Purely procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, and appeals which are published and in force and effect on a citywide basis; provided that such purely procedural regulations shall not add, modify or alter the Development Approvals required for the Development of the Property or the standards, requirements or conditions applicable thereto. 57848-00030-1385098.11 18 04 1952514 (iii) · Regulations governing engineering and construction standards and specifications, including any and all uniform codes adopted by the State of California and subsequently adopted by the City, including local amendments to those codes pursuant to state law allowing for such amendments; provided that (a) such local amendments are uniformly applied to all new development projects of similar type as the Project in the City, (b) that such local amendments do not mandate the installation of fire sprinklers within any residential structures (so Jong as the Owner's agreement with the Los Angeles County Fire Department described in Section 5 .11 does not require the installation of fire sprinklers), and ( c) such local amendments are supported by a finding of the City Council on a four-fifths ( 4/5) vote that the local amendment is, based upon substantial evidence, necessary for the protection of public health, safety and welfare, due to local climatic, geographical or topographical conditions. (iv) At Owner's sole option, Subsequent Land Use Regulations which are in conflict with the Development Plan may be applied to the Development of the Property, provided that the Owner has given written consent to the application of such regulations to the Development of the Property. 4.8. Public Works. The Owner is required by this Agreement to construct certain public work facilities which will be Dedicated to the City or other public agencies upon completion. Unless required by applicable law to do so, the Owner shall not be required to perform such work in the same manner and subject to the same requirements as would be applicable to the City or such other public agency should it have undertaken such construction, including, without limitation, the payment of prevailing wages pursuant to Labor Code Section 1770 et. seq. This Section 4.8 shall not be deemed to modify or amend Section 4.7(iii) of this Agreement. 4.9. Provision of Real Property. Except as otherwise provided in this Agreement, in any instance where the Owner is required to construct any public improvement on land not owned by either the Owner or the City, the Owner shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event the Owner is unable, after exercising reasonable efforts, including, but not limited to, its rights under Sections 1001 and l 002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so requested by the Owner and upon the Owner's provision of adequate security for costs the City may reasonably incur, the City shall use reasonable good faith efforts to negotiate the purchase of the necessary real property interests to allow the Owner to construct the public improvements as required by this Agreement. Upon the failure of the City to acquire the necessary property interests by negotiation, the City agrees to consider the use of its powers of eminent domain to acquire those property interests. Nothing in this Agreement shall be in any way construed to require the City to acquire such real property interests through exercise of its eminent domain powers. Nothing herein shall be construed to mean that the City is agreeing or has agreed to exercise the right of eminent domain, which rights shall be exercised only in the sole discretion of the City and only after the City has determined pursuant to law that there is substantial evidence of each of the following: 57848-00030-1385098.11 19 04 1952514 (i) The public interest and necessity reqmre the subject public improvements; (ii) The public improvements are planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (iii) The real property interests are necessary for the public improvements; and (iv) That either the offer required by Government Code Section 7267.2 has been made to the owner or owners of record of the real property interest, or the offer has not been made because the owner or owners of record cannot be located with reasonable diligence. This Section 4.9 is not intended by the Parties to impose upon the Owner an enforceable duty to acquire land or construct any public improvements on land not owned by the Owner or the City. Prior to undertaking any proceedings for voluntary acquisition or condemnation, the City and the Owner shall enter into an agreement which provides for the Owner's deposit with the City of an amount of funds necessary to reimburse the City for all costs and expenses incurred by the City relative to such acquisition or condemnation, including, without limitation, the City staff time, acquisition costs, appraisal costs, legal costs, negotiation costs, litigation costs and attorneys' fees. The failure of the Owner to enter into the agreement with the City described in the preceding sentence shall relieve the City of all of its obligations pursuant to this Section 4.9; provided, however, that the Owner shall still be obligated to construct the public improvements and facilities, or substitute improvements and facilities, as further described in Article 5 of this Agreement. Where the Owner is required to construct any public improvement on land owned by the City, the City shall allow the Owner to construct such public improvements on the City's property free of charge, provided that the Owner pays for all costs associated with temporarily moving or relocating any public utilities or other public improvements already located on the City property. 4.10. Environmental Compliance. After consideration of the potential adverse environmental impacts associated with the Project, the City has imposed mitigation measures in accordance with CEQA, as specified in the Mitigation Monitoring Plan attached as Exhibit "D," to the fullest extent the City considers feasible and necessary. The City has determined that the Development of the Project in the manner contemplated by the Development Approvals and this Agreement will provide the mitigation measures needed to alleviate short-run and long-run potential adverse environmental impacts created by the Project, and that the public benefits to be derived from the Development of the Project override any potential adverse environmental impacts which may arise from the Development of the Project. Therefore, the City agrees that no subsequent or supplemental EIR shall be required by the City for the Subsequent Development Approvals implementing the Development of the Project pursuant to the 57848-00030-1385098.11 20 04 1952514 Development Plan unless required pursuant to California Public Resources Code Section 21166 and Title 14 California Code of Regulations, Section 15162. For purposes of this analysis, the term "new information" does not mean discovery that probabilities of adverse ( or beneficial) results considered in the approval of this Agreement, the Existing Development Approvals or the EIR may prove incorrect, or that such probabilities are or are not becoming, or have or have not become, realities; but instead, "new information" requires that the actual quantitative or qualitative extent of the underlying issues were not considered and could not have been considered in the environmental analysis associated with the approval of the Existing Development Approvals, this Agreement and the EIR. 4.11. Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property separately from or jointly with the City, and this Agreement does not limit the authority of such other public agencies. 4.12. Processing Obligations. The City hereby agrees that it will accept from the Owner for processing and review all applications for Subsequent Development Approvals, provided that said applications are submitted in accordance with the Existing Land Use Regulations. To the fullest extent allowed by law, the City shall process all applications filed in connection with the Development of the Project as expeditiously as possible and shall complete at the earliest possible time all steps necessary for the implementation of this Agreement and the Development of the Project, including, but not limited to, the following: (i) The processing of applications for and the issuance of all Development Approvals requiring the exercise of judgment and deliberation by City, including without limitation, the Subsequent Development Approvals; (ii) The retention, upon the Owner's request, of outside plan check consultants to assist in processing of applications and plans (including infrastructure and storm drain plans), at the Owner's cost; (iii) The holding of any required public hearings; (iv) The processing of applications for and the issuance of all ministerial approvals requiring the detennination of conformance with the Existing Land Use Regulations, including, without limitation, conformance maps for tentative tract maps (including Vesting Tentative Tract Map No. 54057), determinations of compliance with the conditions of approval of the Development Approvals, site plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment pennits, temporary use permits, certificates of use and occupancy and approvals and entitlements and related matters as necessary for the completion of the Development of the Property within thirty (30) days after application is made therefor or the City shall deliver written notice within said thirty (30)-day period specifically identifying why the requested ministerial approval is not consistent with this Agreement; 57848-00030-1385098.11 21 04 1952514 (v) During the preparation of all drawings, plans, and related documents, staff of the City and the Owner shall hold regular progress meetings as needed to coordinate the preparation and review of such items, and the staff of the City and the Owner shall communicate and consult informally as frequently as is necessary to ensure that the formal submittal of any documents to the City can receive prompt and speedy attention; and (vi) The City shall assume responsibility for the processing of all infrastructure and flood control plans and shall not utilize Los Angeles County personnel for any such processing. 4.13. No Revocation; Disapprovals. No plan, permit, approval or Subsequent Development Approval for the Development of the Project or the Property shall be revoked or subsequently disapproved once issued by the City, provided that the Development of the Project or the Property is consistent with such approval and provided that issuance of the original approval was not obtained by fraud or deceit by the Owner. Any disapproval by the City shall state in writing the reasons for such disapproval and the suggested actions to be taken in order for approval to be granted. 4.14. State, Federal or Case Law. Where any state, federal or case law allows the City to exercise any discretion or to take any action with respect to that law, the City shall, in an expeditious and timely manner, at the earliest possible time, (i) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. 4.15. Processing Cooperation. To the extent permitted by law, the City shall cooperate with and actively assist the Owner in securing any and all entitlements, authorizations, permits or approvals which may be required by or from any other governmental or quasi- governmental entity in connection with the Development of the Project or the Property, including without limitation the Annexation of the Annexation Property (including related County of Los Angeles tax rate determinations), the joint use arrangements with Azusa Unified School District ("AUSD") for the 5.5 acre "Great Park" (shown on Exhibit "B" attached hereto), the grade separation of the railroad crossings at Citrus Avenue and Palm Drive, the realigmnent and undergrounding of the Covina Canal and compliance with the Settlement Agreement with the City of Glendora described in Section 5.9. The City shall cooperate with the Owner in any dealings with federal, state and other local governmental and quasi-governmental entities and with any utilities and institutions concerning issues affecting the Property, including without limitation the Regional Water Quality Control Board, the Army Corps of Engineers, the California Department of Fish and Game, the City of Glendora, the San Gabriel River Water Committee, the Covina Irrigation Company, the San Gabriel Valley Municipal Water District, the Public Utilities Commission, the Los Angeles County Sanitation District, the Blue Line Construction Authority, the Southern California Regional Rail Authority/Metro Link, Burlington Northern & Santa Fe Rail, Citrus College, Azusa Pacific University, Southern California Edison, the Local Agency Formation Commission, the County of Los Angeles Fire Department, AUSD, the South Coast Air Quality Management District and the County of Los 57848-00030-1385098.11 22 04 1952514 Angeles. Without limiting the generality of the foregoing, the City shall use its best efforts to ensure that the actions taken and requirements imposed by such governmental entities do not adversely impact the Development of the Property. The City shall keep the Owner fully informed with respect to its communications with such agencies which could impact the Development of the Property. 4.16. Other City Obligations. In consideration for the public benefits provided by the Owner as more particularly described in Article 5 of this Agreement, the City shall perform the following: (i) Timely complete the design, construction, installation and maintenance of the Transportation/Circulation Improvements as defined and described in Section 5.6 hereof; (ii) Promptly accept all Dedications of land or improvements by the Owner, and either transfer the one hundred eighty (180) acres of open space area shown on Exhibit "B" (excepting required fuel modification zones) to a non-profit conservancy organization or accept the Dedication thereof as permanent open space; (iii) Approve the realignment and undergrounding of the Covina Canal, including the portion that traverses Pioneer Park; (iv) Acknowledge and agree that the County of Los Angeles shall act as the permitting authority, and serve as the lead agency under CEQA, as to all permits relating to the landfill remediation on the Property; and (v) Complete the formation of the community facility districts, special assessment districts and similar financing mechanisms as set forth in Article 6. 4.17. Reimbursement and Apportionment. In the event that the Parties mutually agree upon a condition of an Existing Development Approval or a Subsequent Development Approval or other arrangement requiring excess capacity or sizing of Dedications or public facilities beyond that required by the Existing Land Use Regulations to serve the Project, the City and the Owner shall enter into a reimbursement agreement for the portion (if any) of the cost of any Dedications, public facilities and/or infrastructure to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project or Development on the Property. 4.18. Tentative Maps. The term of any tentative subdivision map filed in connection with the Project shall, at a minimum, be co-extensive with the Term of this Agreement; provided, that, in addition, the City shall extend all such maps to the fullest extent allowed under the applicable provisions of the Subdivision Map Act (Government Code Section 66410, et seq.) or the City's Municipal Code. 57848-00030-1385098.11 23 04 1952514 If any tentative or final subdivision map approved in connection with Development of the Property is a vesting map under the Subdivision Map Act and the City's Municipal Code, and if this Agreement is determined by a final judgment of a eourt of competent jurisdiction to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then, and to that extent, the rights and protections afforded the Owner under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. 4.19. Insurance. During the period of the construction of any public improvements contemplated by this Agreement, the Owner shall, at its sole cost and expense, maintain comprehensive general liability insurance and worker's compensation insurance, eaeh with stated policy limits of Two Million Dollars ($2,000,000) per occurrence. Insurance shall be provided by a carrier admitted in California, and with a Best's rating of B+ XII or better. Coverage shall be afforded on an "occurrence", not "claims made," basis, and shall be primary to any insurance that the City may maintain. Prior to commencing any public improvement work pursuant to this Agreement or the Development Approvals, the Owner shall cause its insurance carriers to issue certificates of insurance, naming the City and its elected officials, officers, employees, agents and contractors as additional insureds under the terms of said policies. The certificates of insurance shall state that the coverage may not be canceled, nor the limits of liability reduced, without thirty (30) days' prior written notice to the City. ARTICLE 5. PUBLIC BENEFITS. 5.1. Development Agreement Fee. In consideration for the approval of this Agreement, which shall provide the Owner with valuable vested land use entitlements, the Owner shall pay the City the following amounts (the "Development Agreement Fee"): (i) Within twenty-one (21) calendar days after the date that the Property ( or a portion thereof) is sold by MNC for value to a developer or homebuilder for Development of the Project ( or a portion thereof), the Owner shall pay to the City the sum of Two Thousand Eight Hundred Dollars ($2,800) for each of the 1,250 dwelling units authorized under the Specific Plan in an aggregate amount of Three Million Five Hundred Thousand Dollars ($3,500,000); and (ii) Upon the issuance of each certificate of occupancy for a dwelling unit, the Owner shall pay to the City the sum of One Thousand Two Hundred Dollars ($1,200) per dwelling unit; provided that the total amount of such payments shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000). In the event that, as of January 1, 2011, certificates of occupancy have not been requested for at least 1,100 dwelling units, then on or before February I, 2011, the Owner shall pay the City the difference between the total sum paid under this Section 5.l(ii) for the certificates of occupancy issued on or before February 1, 2011 and the sum of One Million Five Hundred Thousand Dollars ($1,500,000) and, thereafter, no further payment shall be required under this Section 5.l(ii). 57848-00030-1385098.11 24 04 1952514 For purposes of Section 5.1, Section 5.7 and Section 5.16(v), the word "sold" shall mean the recordation of a grant deed transferring fee title to the Property ( or portion thereof). 5.2. Fiscal Impact Mitigation. The City has ohtained a Fiscal Impact Analysis dated March 2003 (the "Fiscal Impact Analysis") to ascertain the projected fiscal impacts of the Project to the City. In fulfillment of the requirement to attain a neutral fiscal impact and to offset the negative direct net fiscal impact of the Project to the City, the Owner agrees to the formation of a Maintenance CFD (as defined in Section 6.1) or implementation of other mechanism to fund the maintenance of the ongoing usefulness of the parks and the debris basins located within the Property. The Owner and the City shall jointly clarify the maintenance obligations in conjunction with the formation of the Maintenance CFD. The maintenance hudget for those public facilities shall include sufficient reserves so as to maintain the usefulness of the facilities through repair, replacement and reconstruction. The Owner shall prepare and submit to the City for review and approval by the City Engineer and the Community Development Director a Maintenance Responsibility Plan specifically identifying the mechanisms to be utilized, as provided in Condition No. 8 to the Existing Development Approvals. This Agreement shall be deemed to satisfy Condition No. 9 of the Existing Development Approvals to achieve a perpetual neutral fiscal impact. 5.3. Water System Capital Improvements and Satisfaction of Water Fees. (i) The Owner shall prepare a Project Water Master Plan (the "Project Water Plan") that identifies the estimated Project water demands for each pressure zone, storage requirements, booster stations, regulators, off-site improvements, relocations of existing facilities and preliminary sizing of the proposed water system improvements to serve the Project (the "Project Water System"), in fulfillment of Condition No. 16 of the Existing Development Approvals. (ii) In accordance with the Project Water Plan, (1) the Owner shall be responsible for the difference between the Total Reservoir Cost ( as hereinafter defined) of the Replacement Nursery Reservoir (as hereinafter defined) and ALW's Proportional Share (as hereinafter defined) of the Total Reservoir Cost (the "Project's Proportional Share") and (2) the Owner shall construct and complete the following Project Water System components which are listed as planned infrastructure facilities in the Water System Master Plan (the "Water System Master Plan") prepared by ALW and identified as Phase III facilities (which serve new development) in AL W's Water Facility Fee Evaluation, dated September 16, 2002, for purposes of estahlishing the Water System 2002 Development Fee ("Water Development Fee"): (a) the Beatty Reservoir, sized to provide the capacity needed to serve the Project demand in the 1023 pressure zone; (b) the inlet-outlet pipe connecting the Replacement Nursery Reservoir to the existing pipe at the Heth Reservoir, sized to match the existing pipe at the Heth Reservoir and enlarged to the extent needed to serve Project water demands; ( c) the inlet-outlet pipe connecting the Beatty Reservoir to the eastern terminus of Sierra Madre A venue, sized to match the existing pipe in Sierra Madre Avenue and enlarged to the extent needed to serve Project water demands; ( d) the replacement and relocation within the Property of that portion of the existing pipeline 57848-00030-1385098.11 25 04 1952514' paralleling the Covina Ditch that is located within the Property and, to the extent needed to serve the Project water demands, the enlargement of the pipeline size; ( e) the pipeline connecting the Dalton Booster Station to the Replacement Nursery Reservoir, sized as specified in the Project Water Plan; and (f) if deemed neeessary to serve the Project under the Water Master Plan, a booster pump for the Dalton Pump Station to provide water to the Replacement Nursery Reservoir (collectively, the "Water System Facilities"). The construction of the Water System Facilities shall be phased in accordance with the Phasing Plan. (iii) The Owner shall receive a credit against the Water Development Fee and the Water Annexation Fee in the amount of the Project's Proportional Share as to the Replacement Nursery Reservoir and the construction, design and.engineering costs of the Water System Facilities as set forth in the Water System Master Plan's cost estimate for purposes of establishing the Water Development Fee. The Water Development Fee applicable to the Project shall be the Water Development Fee adopted October 7, 2002 by Resolution No. 02-Cl02, as adjusted to reflect annual increases in the Construction Cost Index to the date of completion of each structure for which such Water Development Fee is payable. The City acknowledges and agrees that the estimated construction, design and engineering costs of the Water System Facilities as set forth in the Water System Master Plan together with the Project's Proportional Share significantly exceed the Water Development Fee and the Water Annexation Fee for the Project, and that the Water System Facilities and the Project's Proportional Share shall be deemed to satisfy in full the Water Development Fee and the Water Annexation Fee for the Project. (iv) The ex1stmg above-ground Monrovia Nursery Reservoir (the "Existing Reservoir"), which has a capacity of 3.3 million gallons (mg) and serves the 830 pressure zone, is located on property owned by the City (the "ALW Property"). The Water Master Plan contemplates replacement of the Existing Reservoir with a reservoir at elevation 830 (the "Replacement Nursery Reservoir") which is to be buried in land within the Property (Lot 751 ("Lot 751") of Vesting Tentative Tract Map No. 54057). The City and the Owner agree to exchange the AL W Property and Lot 751 at no cost to either Party. In addition, the Owner shall construct the Replacement Nursery Reservoir, and the City shall pay to the Owner the portion ("AL W's Proportional Share") of the total design, engineering and construction costs of the Replacement Nursery Reservoir (the "Total Reservoir Cost") attributable to the difference (the "Excess Capacity") between the capacity needed to serve the Project in the 830 pressure zone as specified in the Project Water Plan (the "Development Storage Capacity") and the proposed 3.3 mg (or larger, at the City's option) capacity (the "Total Reservoir Capacity"), calculated as follows: 57848-00030-1385098.11 Total Reservoir Capacity -Development Storage Capacity X Total Reservoir Capacity 26 Total Reservoir Cost. .04 1952514 (v) ALW, at its option, may require that the Owner increase the size or capacity of any component of the Project Water System outlined in the Projeet Water Plan (other than the Replacement Nursery Reservoir addressed in (iv) above) so that such component is sized to exceed the capaeity necessary to serve the Project (the "Oversized Improvements") at ALW's cost and expense to the extent of the additional capacity (the "Incremental Cost"). The Incremental Cost shall be the difference between the design, engineering and construction costs of the Project Water System (or portion thereof) and the design, engineering and construction costs of the proposed Oversized Improvements, including any facilities, improvements or other elements attributable to such Oversized Improvements or increased capacity. Upon such request by ALW, the Owner shall construct the Oversized Improvements upon terms and conditions agreed upon by the Owner and AL W. (vi) The Incremental Costs and the AL W's Proportional Share shall be paid to the Owner by AL W within one hundred twenty (l 20) days after the completion of eaeh of the Project Water System (or component thereof) and the Replacement Nursery Reservoir, respectively. (vii) Prior to issuance of the first grading permit for Project construction, the Parties hereby agree that the City shall sell to the Owner, and the Owner shall purchase from the City, the Heth Reservoir Site at fair market value as determined by an appraisal performed by an MAI appraiser jointly selected by the Owner and the City, and the Owner shall thereafter remove the existing water tank and salvage any pumps or other equipment to the extent reasonably feasible. Upon the transfer of the Heth Reservoir Site to the Owner, the "Property" covered by this Agreement shall be deemed to include the Heth Reservoir Site, and the legal description of the Heth Reservoir Site shall be added to Exhibit "A" hereto. (viii) The City agrees and acknowledges that this Section 5.3 shall be deemed to satisfy Condition No. 12 of the Existing Development Approvals. (ix) The land on top of the Replacement Nursery Reservoir is incorporated as park land in the Parks Summary, attached as Exhibit "H" to this Agreement, and the maintenance costs for such park land shall be included in the Maintenance CPD. 5.4. Cemetery Access and Improvements. The Owner shall, at its sole cost and expense, provide certain improvements and provide access to the Fairmount Cemetery as set forth in the Agreement Regarding Cemetery Improvements, dated February 24, 2003, between the Owner and the Fairmount Cemetery. Such agreement satisfies the Mitigation Monitoring Agreement (Mitigation Measure CR5) and Condition No. 58 of the Existing Development Approvals. 5.5. Public Parks. In satisfaction and in exceedance of the Owner's obligations under Government Code Section 66474, the Owner shall construct and/or Dedicate certain areas of the Project as public parks and trails, as identified in the Development Plan. A summary of the parks and trails and the types of recreational facilities planned for each is presented in the Parks Summary attached as Exhibit "H" to this Agreement. Based upon the Parks Summary, the 57848-00030-1385098.11 27 04 1952514 Owner shall prepare and submit to the City for review and approval by the Recreation and Parks Division, the Parks Commission and the Architectural Barriers Commission a preliminary concept Park Development Plan in satisfaction of Condition No. 10 of the Existing Development Approvals. The Owner shall prepare and submit to the City for review and approval by the Community Development Director and the Public Parks Director a preliminary landscape plan for all public area landscaping in satisfaction of Condition No. 11 of the Existing Development Approvals. The preparation of the parks and trails within the Property shall be at the sole cost of the Owner. The development and improvement of the parks and trails with recreational facilities shall be provided by the Owner as reflected in the Parks Summary and in accordance with plans and specifications to be approved by the City prior to the approval of the final subdivision maps for which the improvements are conditions of approval, as provided in the Development Plan. The phasing of the construction of the parks and trails shall be in accordance with the Phasing Plan for the Project. The Dedication of land and/or the construction of improvements required by the Existing Development Approvals, including the development of up to two (2) acres of private recreational facilities, shall fully satisfy Owner's park obligations pursuant to Government Code Section 66474 and the Existing Land Use Regulations. 5.6. Transportation Improvements and Circulation Element Liabilities. (i) In lieu of constructing transportation/circulation improvements, upon issuance of the first grading permit for Project construction, the Owner shall pay the City the sum of One Million One Hundred Thirty-Two Thousand Five Hundred Dollars ($1,132,500) for the design, construction, installation and maintenance by the City of the transportation/circulation improvements for the Project as set forth in Appendix I to the EIR, including Mitigation Measures TT2 through TT! 6 in the Mitigation Monitoring Plan (the "Transportation/Circulation Improvements"). The City shall be responsible for obtaining any and all permits and property interests for the Transportation/Circulation Improvements, including without limitation any encroachment permits. The City shall construct and complete the Transportation/Circulation Improvements in phases as determined by the Project Impact Sensitivity Evaluation conducted by the Owner pursuant to Mitigation Measure TT! in the Mitigation Monitoring Plan. The payment of said sum shall fully satisfy Owner's obligation to pay circulation improvement fees and to provide transportation/circulation improvements to serve the Project pursuant to the Mitigation Monitoring Plan (Mitigation Measures TT2 through TT16), the conditions of the Existing Development Approvals and any requirement adopted by the City pursuant to the Land Use Element or the Circulation Element of the General Plan. (ii) Upon the mutual agreement of the City and the Owner, the Owner may perform the construction work for certain of the Transportation/Circulation Improvements, upon terms and conditions acceptable to the City and the Owner. 5.7. Water Agreem'"nt. Within twenty-one (21) days after the date that the Property ( or portion thereof) is sold by MNC for value to a developer or homebuilder for Development of the Project ( or portion thereof), the Owner shall transfer to AL W, at no cost to AL W, a portion of MNC's currently existing water rights constituting Eight Hundred Thirty (830) acre feet of 57848-00030-1385098.11 28 04 1952514 water per year. In return, (I) the City shall supply the Project in perpetuity with sufficient potable water to meet the water demand for the Project on an annual basis at the same water rates as are charged to AL W's customers on a city-wide basis, and (2) during grading and other site preparation work for the Project by the Owner and during the continuation by MNC of nursery operations on any portion of the Property, the Owner and MNC shall retain the right to use, at no cost to the Owner or MNC, up to Eight Hundred Thirty (830) acre-feet of non-potable water per year from the water covered by the water rights transferred to the City under this Section 5. 7 less the amount of water supplied to the Project (including system losses) under(!) above during each such year; provided, however, that such use shall occur only to the extent such water is needed after first utilizing MN C's remaining water rights. MNC and/or the Owner shall each pay the water assessments charged on a per-acre-foot basis by the Main San Gabriel Basin Watermaster, the Water Quality Authority, the Water Association, the Protective Association and the SWRCB for the amount of water used by MNC and/or the Owner, respectively, in each year, and MNC and/or the Owner shall cooperate with AL W in reporting the amount of each of their respective annual use of water to the Water Master. 5.8. Landscaping Improvements. The Owner shall, at its sole cost and expense, construct those certain public area landscaping improvements identified in the Development Plan in accordance with the Phasing Plan for the Project. The Owner shall Dedicate the public area landscaping improvements to the City at the time of recordation of the final subdivision maps for which the improvements are a condition of approval. The Dedication and construction of the public area landscaping improvements in accordance with the provisions of this Section 5.8 shall fully satisfy Owner's landscaping improvement obligations with respect to the Project, including Condition No. 11 of the Existing Development Approvals. 5.9. Glendora Settlement Agreement. The Owner, the City and the City of Glendora have entered into that certain Settlement Agreement, dated March 18, 2003. The Owner and the City agree to perform their respective obligations under the Settlement Agreement. 5.10. Public School Impact Mitigation. The Owner shall enter into a Memorandum of Understanding (the "AUSD MOU") with the AUSD for the Dedication of land within the Property and the construction of a K-8 school, in accordance with Condition No. 33A of the Existing Development Approvals. 5.11. Fire Department Agreement. The Owner shall enter into an agreement with the Los Angeles County Fire Department for the payment, or in-lieu satisfaction, of the fire protection services fees for the Property, and such agreement shall specify the fire sprinkler requirements, if any, for the Project. 5.12. Joint Use Park and Vosburg House. The Owner shall Dedicate to the City the two (2)-acre park contiguous to the AUSD's three and one-half(3.5) acres for a City/AUSD joint nse park (shown on Exhibit "B" attached hereto), referred to as the "Great Park"; provided that, in the event that AUSD requires the use of the AUSD's 3.5 acres of the joint use park for expansion of the K-8 school in accordance with and within the time provided in the A USD 57848-00030-1385098.11 29 04 1952514 MOU, then MNC shall dedicate to the City the Vosburg House parcel (shown on Exhibit "B" attached hereto) as replacement park land, and shall prepare and submit to the City Recreation and Parks Division a proposed Development Concept Plan to integrate the Vosburg House into the existing "Great Park". This obligation shall constitute an obligation of MNC (or any successor) as the owner of the Vosburg House parcel. Other than MNC's obligations under this Section 5.12, no obligations under this Agreement shall pertain to or apply to the Vosburg House parcel. This Agreement shall be deemed to satisfy Condition No. 33B of the Existing Development Approvals. 5.13. Light Rail Transit Station Parking. From February 18, 2003 until February 18, 2011, the Owner shall hold in reserve land up to one (1) acre in area (in the location shown on Exhibit "B" attached hereto), as determined by the parking study required pursuant to Condition No. 38 of the Existing Development Approvals (the "Reserved Land"), for interim or non- permanent use consistent with the Specific Plan as provided in Condition No. 38 of the Existing Development Approvals. If on February 18, 2011, the Pasadena Blue Line Construction Authority ("Authority") or its successor entity has not met either of the two requirements outlined in Condition No. 38, but has entered into contracts for the construction of Phase II of the Gold Line through the City of Irwindale and thereafter the Authority continues to proceed with the construction of the Phase II extension, then the Owner shall hold the Reserved Land in reserve until February 18, 2016. In the event of such extension of the reservation period, if the two requirements of Condition No. 38 are not satisfied by February 18, 2016, then the Owner's obligation to reserve the Reserved Land shall automatically terminate and Condition No. 38 shall be deemed satisfied and released. Upon the release of the Reserved Land from the reservation requirement hereunder, for a period of one (1) year thereafter, the City shall have a right of first refusal to purchase the Reserved Land upon the same terms and conditions as are offered in writing by the Owner to a third party purchaser not affiliated with the Owner, to be exercised by written acceptance of such written terms and conditions within ten (10) days after receipt thereof. 5.14. Environmental Site Inspection. The Owner hereby grants to the City, its agents, contractors, employees and other representatives, the right, upon reasonable notice, to enter upon the Property during reasonable business hours for purposes of surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute discretion, to make the determination of whether "hazardous or toxic" ( as such terms are defined by provisions of any applicable federal, state or local rule or regulations) pollutants, contaminants or materials at levels in excess of the Health Based Cleanup Levels ("HBCL") established in the McLaren Hart report dated April 1993 for chemical levels and in excess of the range of typical background concentrations in California or adopted health standards for metal concentrations ( collectively, "environmental contaminants") are located upon any property which the City will be receiving through Dedication, including, without limitation, within property, parks, rights of way, and utility easements. Upon discovery of any environmental contamination, the Owner shall define the lateral and vertical extent of the environmental contamination and take such actions as necessary, in accordance with applicable law, to reduce the environmental contamination to levels below the appropriate HBCL, the typical range of background concentrations in California, or the adopted health standards (as applicable), prior to the City's acceptance of such 57848-00030-1385098.11 30 04 1952514 Dedication. If required by California or federal law, the Owner shall notify all appropriate governmental authorities and regulatory agencies of such environmental contamination and of the steps taken by the Owner to define and remediate such environmental contamination. Wark on the particular Dedication property affected by the environmental contamination may be recommenced after verification samples collected from such property establish that the environmental contamination has been removed or remediated. 5.15. Glendora Entitlement Consistency. MNC owns approximately one hundred (100) acres of real property in the City of Glendora ("Glendora Land"), which adjoins the Annexation Property on the east. MNC agrees that if MNC (or its successor as owner of the Glendora Land) applies to the City of Glendora for land use entitlements for the development of the Glendora Land prior to the completion of construction of the Project dwelling units on the Annexation Property, MNC shall propose development of the Glendora Land similar in character and quality to the development of the Annexation Property under the Development Approvals as to types of land uses, gross densities, housing products, development standards, architectural requirements, streetscapes, and parks and trails. This restriction is to ensure, for the benefit of the City, that the adjacent residential neighborhoods on the Glendora Land are consistent with the design and planning standards incorporated in the Development Approvals. This restriction concerning entitlements on the Glendora Land shall be documented in a covenant in a form agreed to by the City and MNC, which shall be recorded against the Glendora Land. 5.16. Formation of Community Foundation. (i) MNC hereby agrees to cause the formation of a non-profit community foundation named "City of Azusa/Momovia Nursery Co. Foundation" ("Foundation"), which shall be qualified under the Internal Revenue Code for the purpose of providing financial benefits to non-profit charitable organizations, civic organizations, and public facilities within the City of Azusa. A five (5) member Board of Directors ("Board") shall administer the Foundation. The City Council shall appoint two (2) Board members to the Foundation and MNC shall appoint the remaining three (3) Board members, subject to (v) below. (ii) Concurrently with the issuance of the first grading permit for Project construction, MNC shall make a contribution to the Foundation of the sum of Two Thousand Dollars ($2,000) for each of the 1,250 dwelling units authorized under the Specific Plan in an aggregate amount of Two Million Five Hundred Thousand Dollars ($2,500,000) (the "MNC Foundation Contribution"). Five Hundred Thousand Dollars ($500,000) of the MNC Foundation Contribution shall be utilized for, and applied to, the Azusa Public Library and related programs. (iii) On or before the issuance of the first grading permit for Project construction, the Owner shall record a deed restriction against the residential portion of the Property in favor of the Foundation, which shall require the payment of a contribution to the Foundation (the "Transfer Contribution") upon the sale for value to a third party ("Transfer") of a dwelling unit in the Project, as provided herein. The Transfer Contribution shall be in an 57848-00030-1385098.11 31 04 1952514 amount equivalent to one-half of one percent (0.5%) of the closing purchase price of the dwelling unit. The Transfer Contribution shall apply to all Transfers of dwelling units within the Project subsequent to the first Transfer of each dwelling unit. The Transfer Contribution shall be paid by the seller to the Foundation through the closing escrow. A Transfer Contribution shall not be required in connection with the conveyance of a dwelling unit to a trust established by the owner of the dwelling unit for the benefit of the grantor, his or her spouse or any lineal descendants, or by reason of dissolution of marriage or the death of the grantor, and shall be imposed only when there is a sale or exchange of a dwelling unit by the grantor to a third party bona fide purchaser for value. 6,) Within five (5) years after the first single-family residence is sold within the Project to a homebuyer, one(]) of the three (3) Board members appointed by MNC under (i) above shall be replaced by a resident of the Project selected by the other four (4) Board members and, thereafter, such Board seat shall be held by a resident selected by the other four (4) Board members. 5.17. Master Developer. Owner shall form an entity, or shall designate an entity to serve as the managing entity, to function as the "Master Developer". The Master Developer shall have the responsibility for performing Condition Nos. 2 through 18 of the Existing Development Approvals and shall serve as the primary point of contact with the City as to the performance of those responsibilities. 5.18. Azusa Residents Sale Notification. The Owner shall provide Azusa residents with advanced notification priority of the availability for sale of new homes. Each time a new product line or Project phase becomes available for sale, the Owner shall provide Azusa residents with advanced notification of the availability of such product prior to marketing such product to the general public. Such advanced priority notification to Azusa residents shall not affect in any manner the sales price, terms of sale or qualifications to purchase. For purposes of this Section 5.18, the advanced priority notification obligation shall be deemed satisfied by the Owner by both hosting an informational open house and publishing a notice in both a local and a regional newspaper of general circulation in the City informing residents of the availability of residential units, providing an opportunity for residents to express interest in purchasing on or before a date certain after which marketing to the general public will commence. 5.19. Azusa Residents Hiring. During Project construction, the Owner shall make reasonable efforts to provide opportunities for local (City of Azusa) employment, and, where opportunities exist to solicit for various services and supplies available within the City of Azusa, 57848-00030-1385098.11 32 04 1952514 to provide opportunities for local (City of Azusa) firms to bid or make proposals to meet the service and supply needs on a competitive basis. In no event is this policy meant to require the contracting for services or supplies to a less competitive firm or to require employment of less qualified applicants solely due to local residency. The Owner shall report the actions taken under this Section 5.19 in the annual monitoring report submitted to the City pursuant to Section 7.1 hereof. 5.20. Azusa Apprenticeship. In conjunction with the construction of park facilities listed in the Parks Summary, the Owner shall explore with the City and AUSD the feasibility of apprenticeship opportunities in the construction of non-habitable structures within such park facilities for qualified students enrolled in related AUSD school programs. ARTICLE 6. FINANCING OF PUBLIC IMPROVEMENTS AND MAINTENANCE OBLIGATIONS. 6.1. Landscape and Lighting Maintenance Community Facilities or Assessment Districts. The City and the Owner agree to the formation of communities facilities district(s) or landscape and lighting assessment districts pursuant to the terms of Government Code Section 53311, et seq. or Streets and Highways Code Section 22500 et seq. or a private property owner's association or other similar funding mechanisms ("Maintenance CFD"), the territory of which shall include only the Property, for the purposes of the payment of maintenance and operation costs associated with the landscaping and lighting of common area slopes, common area fuel modification areas and detention basins located within the Property, as well as the maintenance and operation costs of parks, as provided in Section 5 .2. The Owner shall consent to and cooperate in the formation of the Maintenance CFD prior to the recordation of the first final subdivision map for the Project. The City agrees that, at the time of formation of the Maintenance CFD, the remainder of the Property (i.e., the portion not subject to the first final subdivision map) shall be designated as annexable territory subject to annexation into the Maintenance CFD with the Owner's consent. Concurrent with the recordation of each subsequent final subdivision map, the portion of the Project subject to such final map shall be annexed into the Maintenance CFD. The annual special tax to be set forth in the Rate and Method of Apportionment of the Maintenance CFD shall only be levied on assessor's parcels after a final subdivision map or parcel map has been recorded which includes such assessor's parcels. The Owner also agrees that additional areas may be annexed into the Maintenance CFD to be created pursuant to this Section 6.1; provided, however, that, after giving effect to such annexation, the Owner and the Property is subject only to its fair share of the obligations and costs incnrred as a result of the annexation. The Owner agrees to cooperate fully in any such annexation proceedings, provided that such proceedings do not cause the Project to be delayed under any circumstances. If, for any reason whatsoever, the Property or portion thereof does not become part of a Maintenance CFD as provided in this Section 6.1, or if any such Maintenance CFD which is 57848-00030-1385098.11 33 04 1952514 formed is eliminated for any reason whatsoever or does not provide for the maintenance of the landscaping and lighting of the areas and features within the Property or portion thereof as provided above in this Section 6.1, then Owner will provide for the creation of an adequate financing alternative reasonably acceptable to the City, to undertake such maintenance obligations. Failure to provide for the creation of such an owner's association, or an adequate alternative reasonably acceptable to the City, when required by the terms of this Section 6.1, shall result in the disapproval of subdivision maps or other Subsequent Development Approvals with respect to the Property or affected portion thereof and shall be cause for the City to terminate this Agreement as to such affected portion. 6.2. Community Facilities Districts for Public School Facilities. The Owner and the City expressly acknowledge and agree that the public school facilities referenced in Section 5 .10 may be financed by the formation of a community facilities district or districts for the purposes of financing the K-8 school facilities and/or maintenance and operation expenses (the "School CFD"). The City agrees to allow non-City facilities to be financed with the School CFD and shall enter into a Joint Community Facilities Agreement ("JCFA") pursuant to Section 53316.2 of the Community Facilities District Act with other applicable agencies such as AUSD. If AUSD acts as the lead agency in the formation of the School CFD, the City will enter in a JCFA withAUSD. 6.3. General Provisions Regarding Community Facilities Districts and Similar Financing Mechanisms. At the Owner's request, the City and the Owner shall cooperate in the formation of other community facilities district(s) or alternate financing mechanism(s) (not identified in Sections 6.1 and 6.2 above) ("Project CFDs") to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan and this Agreement, and such financing plan is more particularly described in the CFD Financing Plan incorporated in this Agreement as Exhibit "G". The City also agrees that, to the extent that any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, the Owner may be reimbursed to the extent that the Owner spends funds or dedicates land for the establishment of public facilities which are not otherwise required pursuant to this Agreement. Notwithstanding the foregoing, it is acknowledged and agreed that, while this Agreement requires the City to consider in good faith and in an expeditious fashion consistent with applicable law the formation of such districts, nothing contained in this Agreement shall be construed as requiring the City to form any such district or to issue and sell bonds; provided, however, the implementation and issuance of community facilities district bonds for the Project's benefit as described in Sections 6.1 through 6.3 is relevant and material consideration for the Owner entering into this Agreement. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1. Periodic Review. The Community Development Director or his or her designee shall review this Agreement armually, on or before each anniversary of the Effective Date, in order to ascertain the Owner's good faith compliance with this Agreement. The Owner shall submit an armual monitoring report, in a form reasonably acceptable to the City, within thirty 57848-00030-1385098.11 34 04 1952514 (30) days after written notice from the Community Development Director or his or her designee, demonstrating that the Owner has been in good faith compliance with this Agreement during the preceding twelve (12) month period. Such report shall include a summary of actions taken by the Owner pursuant to Section 5.19 hereof. For purposes of this Agreement, "good faith compliance" shall mean that the Owner has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in attempting to adhere to the substance of this Agreement. Precise or technical adherence to each term or provision of this Agreement shall not be required in order for a Party to be in good faith compliance; and the failure of any Party to agree with the City in connection with the determination or implementation of any Development Approval shall not demonstrate lack of good faith compliance. The annual monitoring report shall be accompanied by an annual review and administration fee, not to exceed the City's estimated internal and third party costs associated with the review and administration of this Agreement during the succeeding year. 7.2. Special Review. The Planning Commission or the City Council may order a special review of compliance with this Agreement at any time upon the Owner's alleged default. The City Manager or his or her designee shall conduct such special review. If the special review is held because of an alleged default by the Owner in the performance of any term of this Agreement, then the City shall provide written notice to the Owner specifying the nature of the alleged default. 7.3. Procedure for Review. 7.3.1 During either a periodic review or a special review, the Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. 7 .3.2 Upon completion of a periodic review or a special review, the City Manager or his or her designee shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by the Owner with the terms of this Agreement and his/her recommended finding on that issue. The Owner shall be provided a copy of the City Manager's report no less than ten (10) days prior to the meeting at which the Planning Commission considers such report. 7 .3.3 If the Planning Commission finds on the basis of substantial evidence that the Owner acted in good faith compliance with the terms and conditions of this Agreement, the review shall be concluded. 7 .3.4 If the Planning Commission determines on the basis of substantial evidence that the Owner has not acted in good faith compliance with this Agreement and that the Owner is in default of a substantive term or provision of this Agreement, then the City shall deliver written notice to the Owner of the default, setting forth the nature of the default (including references to sections of and provisions of this Agreement and the Existing Land Use Regulations which allegedly have been breached with a complete statement of all facts demonstrating such default) and the actions required by the Owner to cure such default. The City may not proceed with modification or termination of this Agreement pursuant to Section 7.4 if, 57848-00030-1385098.11 35 04 1.952514 (i) within thirty (30) days after receipt of the foregoing notice, the Owner connnences to cure the default and diligently prosecutes such cure to completion within sixty (60) days after the notice is given, or (ii) if the default is of such a nature that it cannot reasonably be cured within said sixty (60)-day period, within thirty (30) days after receipt of the foregoing notice, the Owner connnences to cure the default and diligently prosecutes such cure to completion thereafter. 7.4. Procedure for Modification or Termination. Upon a preliminary determination and delivery of proper notice pursuant to Section 7.3.4 and the Owner's subsequent failure to connnence and/or cure the default as provided therein, the Planning Connnission may modify or terminate this Agreement as to the Owner by giving written notice to the Owner of its intention to do so at a public hearing noticed in accordance with provisions of the City's Municipal Code. The notice to the Owner shall be given at least fifteen (15) calendar days prior to the scheduled hearing and shall contain: (i) The time and place of the hearing; (ii) A statement as to whether or not the Planning Connnission proposes to terminate or to modify the Agreement; and (iii) Staff reports, documents, exhibits, and such other information as is reasonably necessary to inform the Owner of the nature of the proceeding and of the evidence to be presented at the public hearing. 7.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the Owner shall be given an opportunity to be heard. If the Planning Commission finds, based upon substantial evidence, that the Owner has not acted in good faith compliance with the terms or conditions of this Agreement and is in default of a substantive term or provision of this Agreement, the Planning Connnission may terminate this Agreement as to the Owner, notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement as to the Owner and impose such conditions as are reasonably necessary to protect the interests of the City. The Owner may appeal any determination of the Planning Connnission to the City Council in accordance with the City's Municipal Code. The decision of the City Council shall be final subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. 7.6. Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the Owner is found to be in good faith compliance with this Agreement, the City shall issue a Certificate of Agreement Compliance ("Certificate") to the Owner stating that, after the most recent periodic or special review and based upon the information known or made known to the City Manager and City Council (i) this Agreement remains in effect and (ii) the Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of good faith compliance, shall state whether the Certificate is issued 57848-00030-1385098.11 36 04 1952514 after a periodic or special review, and shall state the anticipated date of commencement of the next periodic review. The Owner may record the Certificate with the County Recorder. 7.7. Failure of Periodic Review. The City's failure to review at least annually the Owner's good faith compliance with this Agreement shall not constitute or be asserted by any Party as a breach of this Agreement. ARTICLE 8. INCORPORATION AND ANNEXATION. 8.1. Intent. If all or any portion of the Property is annexed to or otherwise becomes a part of another city, it is the intent of the Parties that this Agreement shall survive and be binding upon such other jurisdiction. 8.2. Annexation. The Owner and the City shall oppose, in accordance with the procedures provided by law, the annexation to any other city of all or any portion of the Property unless both the Owner and the City give written consent to such annexation. ARTICLE 9. DEFAULTS AND REMEDIES. 9.1. Remedies in General. 9.1.1 It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner, to any Mortgagee or lender, or to any successors in interest of the Owner or Mortgagee or lender, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or to claim any damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (ii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge the Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. 57848-00030-1385098.11 37 04 1952514 Except as set forth in the preceding paragraph, the Owner's remedies shall be limited to those set forth in this Section 9.1.1, 9.2, 9.3 and 9.4. 9.1.2 In the event of an alleged default of a material term of this Agreement by the Owner, the City shall proceed in accordance with the special review procedures set forth in Article 7 prior to pursuing any remedy at law or in equity. 9.2. Specific Performance. The Parties acknowledge that money damages and remedies at law generally are inadequate, and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement against the City and should be available to the Owner for the following reasons: (i) Except as provided in Sections 9.1.l and 9.4, monetary damages are unavailable against the City as provided in Section 9.1.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, the Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. The Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money and to evaluate the damages which would adequately compensate the Owner for the City's failure to carry out its obligations. The Parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. For the above reasons the Parties agree and acknowledge that specific performance rather than damages shall be the preferred remedy in the event of the City's failure to carry out its obligations hereunder, including without limitation, consideration by the City, in good faith and in an expeditious fashion consistent with applicable law, of the formation of the Maintenance CFD, School CFD, Project CFD(s) or other assessment mechanisms in accordance with Article 6 hereof. 9.3. Termination of Agreement for Default of the City. The Owner may terminate this Agreement only in the event of a default by the City in the performance of a material term of this Agreement and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60)-day period and to diligently proceed to complete such actions and cure such default. 9.4. Attorneys' Fees and Costs. In any action or proceeding between the City and the Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the 57848-00030-1385098.11 38 04 1952514 prevailing party in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. ARTICLE 10. THIRD PARTY LITIGATION. 10.1. General Plan Consistency. The City has determined that this Agreement is consistent with its General Plan. The Owner has reviewed the General Plan and concurs with the City's determination. 10.2. City Not Liable for Certain Judicial Determinations. The City shall have no liability under this Agreement or otherwise for any failure of the City to perform under this Agreement, or for the inability of the Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law; provided that the City shall promptly take action to cure such invalidity, inadequacy or deficiency of the General Plan or this Agreement. 10.3. Third Party Litigation Concerning Agreement or EIR. The Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless the City, its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. The City shall promptly notify the Owner of any such claim, action or proceeding, and the City shall cooperate in the defense. If the City fails to promptly notify the Owner of any such claim, action or proceeding, or if the City fails to cooperate in the defense, the Owner shall not thereafter be responsible to defend, indemnify or hold harmless the City. The City may in its discretion participate in the defense of any such claim, action or proceeding. 10.4. Environmental Contamination. The Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of the City as successor to any portions of the Property Dedicated or transferred to the City by the Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and the Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or 57848-00030-1385098.11 39 04 1952514 asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. 10.S. Accept Reasonable Good Faith Settlement. With respect to Section 10.3, the City shall not reject any reasonable good faith settlement. If the City does reject a reasonable, good faith settlement that is acceptable to the Owner, the Owner may enter into a settlement of the action, as it relates to the Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 10.5 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. The Owner and the City expressly agree that this Section 10.5 does not apply to any settlement which requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 10.6. Processing During Third Party Litigation. The filing of any third party lawsuit(s) against the City or the Owner relating to this Agreement or to other development issues affecting the Development of the Property shall not hinder, delay or stop the Development of the Project or the approval of the Subsequent Development Approvals, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. 10. 7. Defense of Agreement. The City agrees to and shall timely take all actions which are necessary or required to uphold the validity and enforceability of this Agreement and the Existing Land Use Regulations. If this Agreement is adjudicated or determined to be invalid or unenforceable, the City agrees, subject to all legal requirements, to consider and implement all modifications to this Agreement which are necessary or required to render it valid and enforceable to the extent permitted by applicable law. 10.8. Survival. The provisions of Sections 10.l through 10.7, inclusive, shall survive the termination or expiration of this Agreement. ARTICLE 11. MORTGAGEE PROTECTION. The Parties hereto agree that this Agreement shall not prevent or limit the Owner, in any manner, at the Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. The City acknowledges that the lenders providing such financing may require certain interpretations and modifications of this Agreement and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification, provided such interpretation or modification is consistent with the intent and purposes of this Agreement, and provided, further, that any modifications of this Agreement are subject to the provisions of Section 3.8. Any Mortgagee shall be entitled to the following rights and privileges: 57848-00030-1385098.11 40 04 1952514 (i) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value. (ii) Any Mortgagee which has submitted a written request to the City in the manner specified herein for giving notices shall be entitled to receive written notification from the City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (iii) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to the Owner under the terms of this Agreement, the City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed the Owner under this Agreement. (iv) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or portion thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance. However, to the extent that the performance of such obligation by the Owner is a condition precedent to the perfonnance of any act by the City, the City shall have no obligation to perform such act hereunder unless and until the Mortgagee performs the covenant of the Owner which is the condition precedent to the City's performance. Although a Mortgagee is not obligated to perform the obligations and covenants of the Owner hereunder, if the Mortgagee elects to so perform, such performance shall be in full accordance with the terms of this Agreement. Any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 3.6 of this Agreement. ARTICLE 12. MISCELLANEOUS PROVISIONS. 12.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Government Code Section 65868.5. The recordation of this Agreement is deemed a ministerial action, and the failure of the City to record this Agreement in accordance with this Section 12.1 shall not in any manner affect the effectiveness of this Agreement. 12.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 57848-00030-1385098.11 41 04 1952514 12.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore in the event that any portion of such provisions other than Sections 5.15, 5.16, 5.18, 5.19 and 5.20 are determined to be invalid, void or unenforceable, at the City's option this entire Agreement shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this Agreement are essential elements of this Agreement and the Owner would not have entered into this Agreement but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the Owner's option this entire Agreement shall terminate and from that point on be null and void and of no force and effect whatsoever. 12.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 12.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 12.6. Singular and Plural. As used herein, the singular of any word includes the plural. 12.7. Joint and Several Obligations. If at any time during the Term of this Agreement any part of the Property is jointly owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement as to that portion of the Property jointly owned shall be joint and several, and the default of any such Owner shall be the default of all such Owners. The foregoing notwithstanding, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement. 12.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.9. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party,_ shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 57848-00030-1385098.11 42 04 1952514 12.10. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 12.11. Force Majeure. In the case of a force majeure event, any and all time periods referred to in this Agreement shall be extended for a period equal to any delay caused by any such force majeure event; provided, however, that no such time period shall be extended beyond a cumulative total of five (5) years. "Force majeure" as used herein means war, insurrection, strikes, Jock-outs, riots, floods, unavoidable casualty, acts of God, third party litigation, or other causes similar or dissimilar to the foregoing, which are beyond the independent or reasonable control of all Parties or any Party to this Agreement or which prevents any Party to this Agreement from performing its obligations under this Agreement. The failure or the inability of the City to exercise rights of eminent domain for the purpose of acquiring such property rights as may be necessary for the installation of the public improvements, wruch failure prevents or impedes the Owner from completing the installation of infrastructure items shall be deemed a force majeure event entitling the Owner to the time period extensions referred to herein; provided, however, that no extension shall be granted when the City's failure or inability is solely or partly due to the Owner's breaeh of any obligation of this Agreement or any agreement referenced in and/or attached to this Agreement. No extensions may be granted due to the Owner's inability to obtain financing with respect to the Development of the Project. 12.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefitted thereby of the covenants to be performed hereunder by such benefitted Party. 12.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to the Parties and all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and, (iii) is binding upon each Party and each successor in interest as to the Property or the portion thereof owned by such Party during such Party's ownership of the Property or any portion thereof. 12.14. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 12.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the Parties hereto waive all provisions of federal or state law or judicial decisions providing for the filing, removal or change 57848-00030-1385098. 11 43 04 1952514 of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 12.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property. 12.17. Further Actious and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary or proper under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 12.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 12.19. Agent for Service of Process. In the event the Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venture resident of the State of California, or if it is a foreign corporation, then the Owner shall file, upon its execution of this Agreement, with the Community Development Director or his or her designee, a designation of a natural person residing in the State of California, giving his or her name, residence and business address, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon the Owner. If for any reason service of such process upon such agent is not feasible, then in such event the Owner may be personally served with such process out of this County and such service shall constitute valid service upon the Owner. The Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 12.20. Authority to Execute. The person or persons executing this Agreement on behalf of the Owner warrants and represents that he/she/they have the authority to execute this Agreement on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind the Owner to the performance of its obligations hereunder. 12.21. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development a!c,>reements 57848-00030-1385098.11 44 04 1952514 (Government Code Sections 65864 through 65869.5 inclusive) in effect as of the Effective Date. Accordingly, subject to Sections 3 .8 and 4.6 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless so provided by the amendments. 12.22. No Owner Personal Obligation/No Completion Obligation. This Agreement in and of itself does not represent a personal obligation of individual officers, directors, partners or members of the Owner, its successors or assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the Owner, its successors or assigns to complete the development of the entire Project as eontemplated, or any particular portion thereof, or to commence or complete construction of the Project within any particular time. 12.23. No City Personal Liability. No officer, official, employee, agent, contractor or attorney of the City shall have any personal liability or obligation for the performance of the City's obligations hereunder. 12.24. Water Supply. The City finds that the Project and any tentative tract map prepared in connection with the Project (including Vesting Tentative Tract Map No. 54057) comply with the provisions of Government Code Section 66473.7 requiring the availability of a sufficient water supply to serve the Project, and that the availability of an adequate water supply for the Project has been assured. [SIGNATURES CONTINUED ON FOLLOWING PAGE] 57848-00030-1385098.11 45 04 1952514 · Manager APPROVED AS TO LEGAL FORM: BEST BEST & KRlEGER LLP City Attorney OWNER: 57848-00030-1385098.11 46 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF California COUNTY OF ...;;L;;;o;;.s;.;A::,:n,,_ge:.;l;;;es'------------} ~ ~1 1 cP-ood: beforeme, ea.cd'Zlce. ---rose!ctno1 rlo+a.ry -ftbli~ personally appeared __ ..__::::J.~f::J=t.....J.:.Ll!Gl'...J.J<'.U!~a.t!:-1-.!.{l~dJ::,1'.:J-.!.{J,2!.:[ ~:.!::-.1.J..:.i.l i;t,;~Lr.F-:_n~:i.,;:16..,L.:-:::: On personally known to me (or proved to me on the basis of satisfactory evidence) to be the p;rson whose name(p1 is/a,€' subscribed to the within instrument and acknowledged to me that ¥!she/to/)' execu,tej the same in Jy(lher/tl).efr authorized capacity (iyief, an that by 9!slher/thfr signatureyt5 on the instrument tlie personyi, or the entity upon behalf of which the person((> acted, executed the instrument. WITI,:ESS my hand and official seal. Signature '.-r,··· r··,1 t I 1treeee-eeeei CANDACE TOSCANO Commission# 1417186 .: Notary PubHc • ~ollfornla ! Los Angeles County My Comm. Expires May 12, 2007 (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title of Document Typer fYltitJeov 1il Y!t!s Dtrl /l'j!Yl f Number of Pages: ,P:30 W __ NtJ-ff/127 f,t~ Date ofDocumentr §,/0. 7/0 I/ Signer(s) Other Than Named Above 'f!o/;,e;e+ Q.g_f,oJ , :",oo,o,£,Ca.evl.l/.ho , C!l1 s+,,,.,o.. CRWfnAPfltD M ; le ,;:,R Pasec/c,.le... 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF California COUNTY OF Los Angeles } On q.44 .g_q , llootf before me, flaod:zwe,']oset:tf'\01 {Jo+a.(f:/ fu.b/16 personally appeared -£/j bee+ @,ie.s.otJ I Tu±e,em'.1 /1,,~ WfW4"/~tZ.. - personally known to me (or proved to me on the basis of satisfactory evidence) to be the personc,1 whose name~ is/a¢ subscnbed to the within inst1:1ment and acknowledged to me that he/sl;l€/thn executed the same in his/hpflth/err authorized capacity~i , an that by'h~r/t~T signature(,¢' on the instrument the person~, or the entity upon behalf of which the person acted, executed the instrument. ,t··i 6 e e e :e e e e e e e e f f' CANDACE TOSCANO i Commission# 1417186 ' i Notary Public • s;a111om1a f J Los Angeles Counly l J eg: 0 w ~~m:P!'es:cz1~2~7[ WITNESS my hand and official seal. (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE A TT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title of Document Type: C0onRQ'{tO.' >,/41,€ J:U/11 /'.l<,;M + Number of Pages: .:230 tok /\lahlf".j (lo.":I" Date of Document: .?:J/iftfa't. --,.------- S,gner(s) Other Than Named Above Vega roerv),o zA, ,::,:, .. )Ii,,,. e · c2(. ... v A Loo , CL• $1-,tJ(!, ()e.Y,Z IYlt!\Df m1 yY) de!> t,. E!.o.sed.tt..le_ 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF California _.::.;==---------- COUNTY OF Los Angeles -"'..;.;..'-'-""-------------- On qi &4j ,aq, .:J. 00 <-f before me, rersona11yappeared -Son,~ e. Gi::1..rvtl./hei, {!~ ii H:ar21Ve'::1, ersonall known to me (or proved to me on the basis of satisfactory evidence) to be the person(i whose name(% is/a subscribed to the within instrument and acknowledged to me that lr9she!th,.ey executed the same in h)/lher/thF authorized capacity (~), an that by I,t{lher/tl~r signature~ on the instrument the persot},0), or the entity upon behalf of which the personJt> acted, executed the instrument. · WfTNESS my hand and official seal. .~·,·-·e· e, e e e e ·e e e e e: e ~ f:' y · · CANDACE TOSCANO I Commission# 1417186 ; j Notory PubUc • fallfomla I ' J Los Angeles Couniy ,l J 5 @ 0 :~m .. Exl!:es:cz1;i2~7..t (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title ofDocument Type: mo/,Jit),;;p, Nuts J)ev thl'Ki- Number ofPages:6t:3o w iJ(ril!,(l~ P',S<!'.S Date of Document: S/,9. 0 i/ ' s1ner(s) Other Than Named Above ffft_.1:J;:?f}DZ/.1- (:'s.obe..'2 ± keso1,,), (l __ L.__/tZ.. Y'hA,Dt'1D 1 tn;/ef. e. f!.oe:Rk/e. 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF COUNTY OF California Los Angeles before me, } Caoc/pee. Tosca_no1 No+a.rl:t Pkb /16 On <)10«) .9-0, QOOY, personallyappeared (Lt1::::,-/-1NA-Qet.{Z.,.(Y)ADetD I oJeyaR.: .C!<f1 of: Az.u..s.tL ~sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(IJ whose name0. is/ subscribed to the within instrument and acknowledged to me that ~/sheltvY execute9 the same in !;/slher/t~ authorized capacity (it;i), an that by }p(lher/th~ signature~ on the instrument the person(¢, or the entity upon behalf of which the person(~ acted, executed the instrument. WJT),;ESS my hand and official seal. (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title of Document Type: Number of Pages: Date of Document Signer(s) Other Than Named Above )k,e A-coe,nd O Zv-1- (<. o bee±: -PeJe.{.tJA) I $OQ('A_~. Q, A:ei/ Alba I rr1 ile.s (?_, f.ost?rl a.(e_, 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF California _.;;c;;;c;.;;=---------- COUNTY OF ....::L:::o:::s.:.A:::n:.g::e:::le::;s ___________ _ C),1014 ,Jq, Pfo~C{ beforeme, &cdafl,e,/0.SCa,hO, rlo~ 6i b/1G, rersona11yarrearect C,t1s-/-1tJq ~ illADf2rO; l/Z4:>A u~hf:<:u1d W4fe(? On personally known to me (or proved to me on the basis of satisfactory evidence) to be the person\#whose name(J1 is/aj€ subscnbed to the w1thm instrument and acknowledged to me that p/ishe/thp1 executed the same in l(s!her/t~r authorized capacity (iyt}, an that by ~her/th?6 signature~ on the instrument the pcrson(ff, or the entity upon behalf of which the personC,, acted, executed the instrument. V'/TTNESS my hand and official seal. ri It r -; I e ,. dio1cf r.5's~3 " f Commission# 1417186 f Notary Public -California I Los Angeles County My Comm. Expires May 12, 2007 (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title ofDocument Type: OOQN f<Qi/lG/: /Ju,ts l)eu {ryil- Number of Pages:~ ;fo NO:/u.et-, .P.,..se:5 Date of Document: :..;i.: 'f Signer(s) Other Than Named At,ove Ve.eA fne.tld07 4 _1,2on.eR+ Pe.fis.or..J sc, ... , 1 a e.. j 0-a ,2 ,14/ b a m ,I e.s. f!. &sed1.. l,e 04 1952514 ALL PURPOSE ACKNOWLEDGMENT STATE OF California _.;c;;;.;;.;;=---------- C OUN TY OF _..:;L:;.;o:;.s :.:A:;.;ng1"e:.:.le::sc.._ _________ _ On before me, (1_ t:lr)C{ZU, e 79,sCQ DQ I personally appeared m , Leif:, f, 2osed?J.{e personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose narne(;t1 is/a~ subscribed to the within instrument and aclmowledged to me that he/s}tG/th¢ executed the same in his/hpf/tqpfr authorized capacity (ie,1, an that by his/hifi'the{ signaturel!) on the instrument. the person(~, or the entity upon behalf of which the person~ acted, executed the instrument. Vv'ITNESS my hand and official seal. e e e e e e e e e ( CANDACE TOSCANO Commission ii' 1417186 Nota,y Pubnc -canfomla f . -Los Angeles Counly MyComm. Expl!esMay 12,2007 (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RJGHT. Signer(s) Other Than Named Above v'eLA-t'ner,do 24-1 Ro b,eJt.f:: &/i?.>DtJ , sop, ZL. /2. Q ZI. g'.J/ !fkL ho I Ml !.+1A1a C!eu:t.. /r,t'.\/)/ltD, 04 1952514 Exhibit A 04 1952514 Exhibit A [Legal Description and Depiction of Property] PARCEL 1: 8625-1-1 THAT PORTION OF THE AZUSA RANCHO CONFIRc\1ED TO HENRY DALTON, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORl~, AS PER MAP RECORDED IN BOOK 2, PAGE 106 OF PATENTS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SIERRA MADRE AVENUE, 50 FEET WIDE, WITH THE EASTERLY LINE OF SUBDNISION NO. 2, AZUSA LAND AND WATER CO., AS PER MAP RECORDED IN BOOK 43, PAGE 94, OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 00 DEGREES 05 MINUTES 35 SECONDS WEST ALONG SAID EASTERLY LINE, 1,455.26 FEET; THENCE SOUTH 84 DEGREES 46 MINUTES 27 SECOJ\TDS EAST 347.61 FEET; THENCE NORTH 40 DEGREES 58 MINUTES 44 SECONDS EAST 447.10 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ROYDON VOSBURG, ET AL., RECORDED IN BOOK 9957, PAGE 47, OFFICIAL RECORDS; THENCE NORTHWESTERLY AND NORTHERLY, ALONG THE NORTHEASTERLY AND EASTERLY LINES OF SAID LAND, BEING ALSO THE SOUTHWESTERLY AND WESTERLY LINES OF PARCEL 6, AS SHOWN ON A LICENSED SURVEYOR'S MAP RECORDED IN BOOK 29, PAGE 37, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE FOLLOWING BEARINGS AND DISTANCES: NORTH 35 DEGREES 36 MINUTES 10 SECONDS WEST 59.65 FEET; NORTH 25 DEGREES 33 MINUTES 40 SECONDS WEST 81.75 FEET; NORTH 35 DEGREES 52 MINUTES 40 SECONDS WEST 231.80 FEET; NORTH 18 DEGREES 48 MINUTES 10 SECONDS WEST 118.65 FEET; NORTH 19 DEGREES 44 MINUTES 50 SECONDS WEST 144.44 FEET; NORTH 24 DEGREES 38 MINUTES 00 SECONDS WEST 33.55 FEET; NORTH 38 DEGREES 09 MINUTES 10 SECONDS WEST 140.60 FEET; NORTH 01 DEGREES 03 MINUTES 40_SECONDS WEST 59.68 FEET; NORTH 05 DEGREES 16 MINUTES 35 SECONDS EAST 259.56 FEET, AND NORTH 18 DEGREES 52 MINUTES 53 SECONDS EAST 144.76 FEET TO THE SOUTHERLY LINE OF SAID SIERRA MADRE A VENUE; THENCE SOUTH 89 DEGREES 03 MINUTES 55 SECOl's'DS WEST 313.06 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCEL A: 8625-2-2 PTN. THAT PORTION OF THE RANCHO AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS CONFIRMED TO HENRY DALTON BY PATENT RECORDED IN A-1 57848-00031 1409528.1] 409528.2 04 1952514 BOOK 2, PAGE 106 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY COR1'.'ER OF PARCEL NO. 8 AS SHOWN ON THAT CERTAIN LICENSED SURVEYOR'S MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NO. 8, SOUTH 0 DEGREES 03 MINUTES 10 SECONDS WEST 898.70 FEET; THENCE NORTH 89 DEGREES 50 MIJ\11.JTES 50 SECONDS WEST 924.6 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE, NORTH O DEGREES 05 MINUTES 35 SECONDS EAST TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO KIRKWOOD E. JEWETT, JR., RECORDED IN BOOK 14524, PAGE 76 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID SOUTHWESTERLY CORNER BEING A POINT MARKED WITH A 2 INCH IRON PIPE SET IN CONCRETE IN THE EASTERLY LINE OF SAID SUBDIVISION NO. 2, AZUSA LAND AND WATER COMP ANY; THENCE, ALONG THE SOUTHERLY AND SOUTHEASTERLY LINES OF THE LAND DESCRIBED IN SAID DEED, SOUTH 84 DEGREES 46 MINUTES 27 SECONDS EAST 347.61 FEET AND NORTH 40 DEGREES 58 MINUTES 44 SECONDS EAST 44 7 .10 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS SOUTH 48 DEGREES 41 MINUTES 10 SECONDS EAST 117.53 FEET IN THE EXTERIOR BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO ROYDON VOSBURG, ET AL., RECORDED IN BOOK 9957, PAGE 47 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID COURSE BEING SHOWN ON SAID LICENSED SURVEYOR'S MAP AS PORTION OF THE SOUTHWESTERLY BOUNDARY OF PARCEL NO. 6 THEREOF; THENCE, ALONG THE SOUTHWESTERLY AND WESTERLY BOUNDARY OF SAID PARCEL NO. 6 AS FOLLOWS: SOUTH 48 DEGREES 41 MINUTES 10 SECONDS EAST 117.53 FEET; THENCE SOUTH 8 DEGREES 14 MINUTES 40 SECONDS EAST 246.16 FEET; THENCE SOUTH 21 DEGREES 52 MINUTES 10 SECONDS EAST 66 FEET; THENCE SOUTH 1 DEGREES-3·3-M-IN(J'.f-E-S-1G-S-EGGN9S-EA-S'f~e0.68-FEET+AND-THENCE SOUTH 5 ---~~· DEGREES 54 MINUTES 35 SECONDS WEST 111.82 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL NO. 6; THENCE ALONG THE WESTERLY AND SOUTHWESTERLY BOUNDARY OF PARCEL NO. 7 AS SHOWN ON SAID LICENSED SURVEYOR'S MAP AS FOLLOWS: SOUTH O DEGREES 53 MINUTES 50 SECONDS WEST 265.20 FEET; THENCE SOUTH 20 DEGREES 27 MINUTES 10 SECONDS WEST 30.70 FEET; THENCE SOUTH O DEGREES 53 MINUTES 30 SECONDS WEST 16.06 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 30 SECONDS EAST 30.32 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 30 SECONDS EAST 31.52 FEET; THENCE SOUTH 41 DEGREES 29 MINUTES 00 SECONDS EAST 50.40 FEET; AND THENCE SOUTH 50 DEGREES 51 MINUTES 10 SECONDS EAST 93.20 FEET TO THE POINT OF BEGINNING; TOGETHER WITH PARCEL NO. 7 OF SAID LICENSED SURVEYOR'S MAP FILED IN A-2 57848-00031 1499528.11409528 2 04 1952514 BOOK 29, PAGE 37 OF RECORD OF SURVEYS. EXCEPT THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL NO. 7; THENCE SOUTH 88 DEGREES 56 MINUTES 54 SECONDS WEST 77.10 FEET; THENCE SOUTH 5 DEGREES 01 MINUTES 17 SECONDS EAST 239.92 FEET; THENCE SOUTH 10 DEGREES 56 MINUTES 02 SECONDS EAST 89.63 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 54 SECONDS EAST 24.52 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL NO. 7; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO THE MOST SOUTHERLY CORNER THEREOF. PARCEL B: 8625-2-2 PTN. THAT PORTION OF THE RANCHO AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS CONFIRMED TO HENRY DALTON BY PATENT RECORDED IN BOOK 2, PAGE 106 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF PARCEL NO. 8, AS SHOWN ON THAT CERTAIN LICENSED SURVEYOR'S MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, DISTANT ALONG SAID WESTERLY LINE SOUTH O DEGREES 03 MINUTES 10 SECONDS WEST 898. 70 FEET FROM THE NORTHWESTERLY COM'ER OF SAID PARCEL NO. 8; THENCE NORTH 89 DEGREES 50 MINUTES 50 SECONDS WEST 924.6 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE PACIFIC ELECRIC RAILWAY, FORMERLY THE LOS ANGELES INTER-URBAN RAILWAY, 80 FEET WIDE; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO ----Ti'fE-SetrT-HWES'f-E-R:cY-eGRNE-R: OF SAID P ARE:ELNG c 8;-THENGE-NGR-THERL Y ---- ALONG SAID WESTERLY LINE OF PARCEL NO. 8 TO THE POINT OF BEGINNING. PARCEL 3: PARCEL A: 8625-4-129 THAT PORTION OF THE RANCHO AZUSA FINALLY CONFIRMED TO HENRY DALTON, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 2, PAGES 106 AND 107 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE Lll\'ES OF THE 80 FOOT STRIP OF LAND DESCRIBED IN THE A-3 57848.00031 J 4g9528. I 1409528.2 04 1952514 DEED TO THE LOS ANGELES INTER-URBAN RAILWAY COMPANY, A CORPORATION, RECORDED ON AUGUST 6, 1906, AS INSTRUMENT NO. 53, IN BOOK 2755, PAGE 159 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCELB: 8625-4-(129,130) THAT PORTION OF THE RANCHO AZUSA FINALLY CONFIRMED TO HENRY DALTON, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 2 PAGES 106 AND 107 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ·INCLUDED WITHIN THE LINES OF THE 80 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE LOS ANGELES INTER-URBAN RAILWAY COMP ANY, A CORPORATION, RECORDED ON AUGUST 6, 1906 AS INSTRUMENT NO. 54 IN BOOK 2753 PAGE 117 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: 8625-5-(18, 19) PTN. THOSE PORTIONS OF PARCELS NO. 4 AND NO. 5 SHOWN ON LICENSED SURVEYOR'S MAP, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID PARCEL NO. 4 THAT IS DISTANT SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 87.53 FEET FROM THE NORTHEAST END OF THAT COURSE SHOWN ON SAID LICENSED SURVEYOR'S MAP AS "SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 236.61 FEET"; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL NO. 4 SOUTH 89 DEGREES 56 MINUTES 50 SECONDS EAST 463.59 FEET TO THE EASTERLY LINE OF SAID PARCEL NO. 4; THENCE, NORTH 89 DEGREES 49 MINUTES 45 SECONDS EAST · ---i:r4~s6-FEET-'PE>-'FHE-AN:A:NGbE-P8IN~IN-THfrB8BNBAR-Y-hlN&GF.SAID-PARcCEb------- NO. 5; THENCE, ALONG SAID BOUNDARY LINE NORTH 89 DEGREES 49 MINUTES 10 SECONDS EAST 207.10 FEET TO THE SOUTHEAST CORNER OF PARCEL NO. 2, AS SHOWN ON SAID LICENSED SURVEYOR'S MAP. PARCEL 5: 8625-5-19 PTN. THAT PORTION OF PARCEL NO. 8 SHOWN ON LICENSED SURVEYOR'S MAP, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: A-4 57848-00031 HG9l28.l I 409528.2 04 1952514 BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF SAID PARCEL NO. 8 SHOWN AS HAVING A BEARING AND LENGTH OF SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 236.61 FEET, DISTANT THEREON SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 35.08 FEET FROM THE NORTHERLY TERMINUS THEREOF; THENCE NORTH 89 DEGREES 58 MINUTES 52 SECONDS WEST 173.17 FEET, MORE OR LESS, TO THE WESTERLY LINE OF SAID PARCEL 8. PARCEL 6: 8625-5-18 PTN. THAT PORTION OF PARCEL NO. 5 SHOWN ON LICENSED SURVEYOR'S MAP, IN UNINCORPORATED TERRITORY OF THE COlJ'NTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE WESTERLY LINE OF PARCEL NO. 4 OF SAID LICENSED SURVEYOR'S MAP HAVING A BEARING AND LENGTH OF SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 236.61 FEET, DISTANT THEREON SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 87 .53 FEET FROM THE NORTHERLY TERMINUS THEREOF; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL NO. 4 SOUTH 89 DEGREES 56 MINUTES 50 SECONDS EAST 463.59 FEET TO THE EASTERLY LINE OF SAID PARCEL NO. 4 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 49 Mfr..'UTES 45 SECONDS EAST 94.86 FEET TO AN ANGLE POINT IN THE BOUNDARY LINE OF SAID PARCEL NO. 5. PARCEL 7: 8625-5-(18,19) THAT PORTION OF PARCEL 4, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE ~~FRl::ee>R:rl-Gf-SttR-V-BYS;-fN---'fHE--OFFIC-E-OF-T+fE--C----ffi:JN'frREeeRBER-0FS-AID ·~~~ COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 4, NORTH O DEGREES 10 MINUTES 50 SEC01\1DS WEST 192.11 FEET, MORE OR LESS, TO THE INTERSECTION OF A LINE THAT ISP ARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 4 AND WHICH PASSES THROUGH A POINT IN THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4, DISTANT THEREON SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST 35.08 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID WESTERLY BOUNDARY LINE OF SAID PARCEL 4, HAVING A BEARING OF SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST AND A LENGTH OF 236.61 FEET, SAID A-5 57848-00031 l 409528.11409528.2 04 1952514 INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 89 DEGREES 56 MINUTES 50 SECOJ\iTIS WEST TO THAT CERTAIN COURSE, OR ITS SOUTHERLY PROLONGATION THEREOF, IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN PARCEL A OF THE DEED TO LOYOLA HIGH SCHOOL OF LOS ANGELES, RECORDED ON JULY 3, 1947, AS INSTRUMENT NO. 1471, IN BOOK 24780, PAGE 30, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, RECITED THEREIN AS HAVING A BEARING AND LENGTH OF "SOUTH O DEGREES 20 MINUTES 40 SECONDS EAST 404.37 FEET; THENCE ALONG SAID CERTAIN COURSE, OR ITS SOUTHERLY PROLONGATION THEREOF, TO THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID BOUNDARY LINE OF PARCEL A, RECITED IN SAID DEED RECORDED IN BOOK 24 780, PAGE 30 OF SAID OFFICIAL RECORDS, AS HAVING A BEARING AND LENGTH OF "NORTH 89 DEGREES 56 MINUTES 50 SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 4, A DISTANCE OF 293.02 FEET"; THENCE ALONG THE LAST MENTIONED CERTAIN COURSE, NORTH 89 DEGREES 56 MINUTES 50 SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 4, A DISTA.i~CE OF 293.02 FEET TO THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4; THENCE ALONG SAID WESTERLY BOUNDARY LINE, SOUTH 17 DEGREES 39 MINUTES 55 SECONDS WEST TO A LINE THAT ISP ARALLEL WITH AND DISTANT SOUTHERLY 50.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE FIRST ABOVE MENTIONED PARALLEL LINE; THENCE PARALLEL WITH SAID SOUTHERLY LINE, OF SAID PARCEL 4, SOUTH 89 DEGREES 56 MINUTES 50 SECONDS EAST 463.59 FEET, MORE OR LESS, TO SAID EASTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID EASTERLY LINE, NORTH O DEGREES 10 MINUTES 50 SECONDS WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 8: 8625-5-14 THAT PORTION OF PARCEL 2, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED ASP ARCEL HOF THE DEED TO JAMES D. MACNEIL, HUGH L. ·---~-M7\-eNEIL-ANB-A.tl::£N-B-A:6B¥-MA-GNE-b,REGORBEB-8N-GGT-OBER-l-6,19.SO,A.S----~-- INSTRUMENT NO. 3282, IN BOOK 34563, PAGE 131 OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL H BEING BOUNDED BY THE FOLLOWING DESCRIBED LINES: BOUNDED NORTHERLY BY THE SOUTHERLY BOUNDARY LINE OF PARCEL B, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS; BOUNDED EASTERLY BY THE EASTERLY LINE OF PARCEL 2; BOUNDED SOUTHERLY BY THE MOST SOUTHERLY LINE OF SAID PARCEL 2; A-6 57848-00031 1499528.J 1409528.2 04 1952514 AND BOUNDED WESTERLY BY THE WESTERLY BOUNDARY LINE OF SAID PARCEL 2, AND A DIRECT LINE WHICH EXTENDS SOUTHEASTERLY FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL B TO THE MOST NORTHERLY CORNER OF PARCEL 5, AS SHOWN ON SAID RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS. PARCEL 9: 8625-8-1 PARCEL 2, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THOSE PORTIONS OF SAID LAND INCLUDED WITHIN THE LINES OF PARCELS B, C, D AND E, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER. ALSO EXCEPT THEREFROM THOSE PORTIONS OF SAID LAND INCLUDED WITHIN THE LINES OF THE LAND DESCRIBED IN PARCELS HAND J OF THE DEED TO JAMES D. MACNEIL, HUGH L. MACNEIL AND ALLEN BAGBY MACNEIL, RECORDED OCTOBER 16, 1950, AS INSTRUMENT NO. 3282 IN BOOK 34563, PAGE 131, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL H BEING BOUNDED BY THE FOLLOWING DESCRIBED LINES: BOUNDED NORTHERLY BY THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL B; BOUNDED EASTERLY BY THE EASTERLY LINE OF SAID PARCEL 2; BOUNDED SOUTHERLY BY THE MOST SOUTHERLY LINE OF SAID PARCEL 2; ·· ·· ~Be>UNDED-WES'f-ERL--Y-B"f-'fitE-WES'FERL-.Y--'BBBNB:AR-¥-L-fNE-OF-&AlB-PARC-EL,-- 2, AND A DIRECT LINE WHICH EXTENDS SOUTHEASTERLY FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL B TO THE MOST NORTHERLY CORNER OF PARCEL 5, AS SHOWN ON SAID RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 3 7 OF RECORD OF SURVEYS, SAID PARCEL J BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID PARCEL D, DISTANT THEREON NORTH O DEGREES 14 MINUTES 20 SECONDS WEST 181.60 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL D, SAID POINT IS MARKED BY A 2 INCH IRON PIPE, AS SHOWN ON SAID RECORD OF SURVEY FILED IN BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS; THENCE NORTH O DEGREES 14 MINUTES A-7 57848-00031 1199§28.11409528 2 04 1952514 20 SECONDS WEST 444.47 FEET TO THE NORTHWEST CORNER OF SAID PARCEL D; THENCE NORTH 89 DEGREES 18 MINUTES 40 SECONDS WEST 203.65 FEET TO THE NORTHEAST CORNER OF SAID PARCEL E; THENCE SOUTH 20 DEGREES 36 MINUTES 15 SECONDS WEST 480.24 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL E; THENCE EASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNillG. PARCEL l 0: 8625-8-5 PARCEL 3, IN THE COUNTY OF LOS ANGELES, ST ATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID PARCEL 3, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL NO. 7, AS SHOWN ON SAID MAP, SAID COR.i"'IBR BEING ALSO THE MOST WESTERLY CORNER OF SAID PARCEL NO. 3; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL NO. 3 A DISTANCE OF 30.00 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL NO. 7 TO A LINE WHICH ISP ARALLEL WITH SAID ABOVE DESCRIBED WESTERLY LI.l'-.1:E AND WHICH PASSES THROUGH THE NORTHEASTERLY CORNER OF SAID PARCEL NO. 7; THENCE SOUTHERLY ALONG SAID LAST MENTIOl\TED PARALLEL LINE A DISTANCE OF 30.00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL NO. 3 AND SAID NORTHEASTERLY CORNER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PARCEL 11: 8625-9-12 PIN. PARCEL B, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COlJNTY. PARCEL 12: 8625-9-12 PIN. PARCEL C, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID PARCEL C, DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE AT THE SOUTHERLY TERMINUS OF THE WESTERLY LINE OF SAID PARCEL C; THENCE ALONG SAID WESTERLY LINE, A-8 57848-0003 l l 1G9528.l !409528.2 04 1952514 NORTH O DEGREES 14 MlNUTES 20 SECONDS WEST 187.47 FEET TO A 2 lNCH IRON PIPE; THENCE NORTH 67 DEGREES 00 MlNUTES 40 SECONDS EAST 144.08 FEET TO A 2 INCH IRON PIPE; THENCE SOUTH 40 DEGREES 47 MlNUTES 40 SECONDS EAST 112.95 FEET TO A 2 lNCH IRON PIPE; THENCE SOUTH 3 DEGREES 57 MlNUTES 00 SECO"l\1DS WEST 90.21 FEET TO A 2 lNCH IRON PIPE; THENCE SOUTH 37 DEGREES 09 MlNUTES 05 SECONDS WEST l O 1.06 FEET TO A POINT 1N THE SOUTHWESTERLY LlNE OF SAID PARCEL C; DISTANT NORTH 63 DEGREES 37 MINUTES 05 SECONDS WEST THEREON, 146.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL C; THENCE ALONG SAID SOUTHWESTERLY LlNE, NORTH 63 DEGREES 37 Ml}IUTES 05 SECONDS WEST 46.75 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY HA VlNG A RADIUS OF 70.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76 DEGREES 43 MlNUTES 05 SECONDS, A DISTANCE OF 93.73 FEET TO THE END OF SAID CURVE; THENCE CONTlNUlNG ALONG THE SOUTHWESTERLY LlNE OF SAID PARCEL C, NORTH 50 DEGREES 20 MlNUTES 10 SECONDS WEST 15.00 FEET TO THE POINT OF BEGlNNlNG. PARCEL 13: 8625-9-12 PTN. PARCEL D, 1N THE COUNTY OF LOS ANGELES, STATE OF CALJFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED 1N BOOK 63, PAGE 32 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 14: 8625-9-12 PTN. THAT PORTION OF PARCEL 2, 1N THE COUNTY OF LOS ANGELES, STATE OF CALJFORNIA, AS SHOWN ON A RECORD Of SURVEY MAP FILED 1N BOOK 29, PAGE 37 OF RECORD OF SURVEYS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED ASP ARCEL J OF THE DEED TO JAMES D. MACNEIL, HUGH L. MACNEIL AND ALLEN BAGBY MACNEIL, RECORDED ON OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, 1N BOOK 34563, PAGE 131, OFFICIAL RECORDS 1N SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL J BEING MORE ~~~~~P~AR~IIctJLJtRLY D'ESCR:mED AS FOLLOWS. BEGlNNlNG AT A POlNT 1N THE WESTERLY LlNE OF PARCEL D, AS SHOWN ON A RECORD OF SURVEY MAP FILED 1N BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS DISTANT THEREON NORTH O DEGREES 14 MINUTES 20 SECONDS WEST 181.60 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL D, SAID POINT IS MARKED BY A 2 lNCH IRON PIPE, AS SHOWN ON SAID RECORD OF SURVEY FILED 1N BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS; THENCE NORTH O DEGREES 14 MINUTES 20 SECONDS WEST 444.47 FEET TO THE NORTHWEST CORNER OF SAID PARCEL D; THENCE NORTH 89 DEGREES 18 MlNUTES 40 SECO"l\1DS WEST 203.65 FEET TO THE NORTHEAST CORNER OF PARCEL E, AS SHOWN ON SAID RECORD OF SURVEY MAP FILED 1N BOOK 63, PAGE 32 OF SAID RECORD OF SURVEYS; THENCE A-9 57848-00031 l 1G9S28.l 1409528.2 04 1952514 SOUTH 20 DEGREES 36 MINUTES 15 SECONDS WEST 480.24 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL E; THENCE EASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. PARCEL 15: 8625-10-8 PTN. PARCEL 1, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF PARCEL F, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COl.JNTY RECORDER. PARCEL 16: 8625-10-8 PTN. PARCEL F, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORJ\1IA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 17: 8625-10-8 PTN. PARCEL E, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER. PARCEL 18: 8625-10-8 PTN. PARCEL 6, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF PARCEL K OF THE DEED TO JAMES D. MACNEIL, HUGH L. MACNEIL, AND ALLEN BAGBY MACNEIL, RECORDED ON OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IN BOOK 34563, PAGE 131, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL K BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE ABOVE MENTIONED PARCEL 6, LYING NORTH OF A DIRECT LINE WHICH EXTENDS DUE WEST FROM THE SOUTHWEST CORNER OF PARCEL E, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER. A-10 57848-00031 1409528.11409528.2 04 1952514 ALSO EXCEPT THEREFROM THAT PORTION OF SAID PARCEL 6 LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LMTD DESCRIBED IN THE DEED RECORDED OCTOBER 6, 1970, AS INSTRUMENT NO. 376, OFFICIAL RECORDS. PARCEL 19: 8625-10-8 PTN. THAT PORTION OF PARCEL 6, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED ASP ARCEL K OF THE DEED TO JAMES D. MACNEIL, HUGH L. MACNEIL AND ALLEN BAGBY MACNEIL, RECORDED ON OCTOBER 16, 1950, AS INSTRUMENT NO. 3282, IN BOOK 34563, PAGE 131, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID PARCEL K BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE ABOVE MENTIONED PARCEL 6, LYING NORTH OF A DIRECT LINE WHICH EXTENDS DUE WEST FROM THE SOUTHWEST CORN"'ER OF PARCEL E, AS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER. PARCEL 20: PARCEL A: 8625-29-5 THAT PORTION OF SUBDIVISION NO. 2, AZUSA LAND & WATER COMP ANY, PARTLY WITHIN AND PARTLY WITHOUT THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF LOTS ---~3=3~AN~J1T84 OF SAID SU!IDfVIsfON Vv1TH THE SOlffHERLY PROLONGATION OF THE COMMON BOUl'{DARY LINE BETWEEN SAID LOTS 83 AND 84 AS FIXED M1D DESCRIBED IN "PARA GRAPH 2" REFERRED TO IN "CONVEYANCE 3" OF THE DEED AND AGREEMENT RECORDED ON JULY 31, 1924, AS INSTRUMENT NO. 310 IN BOOK 3405, PAGE 256 OF OFFICIAL RECORDS; THENCE NORTH ALONG SAID PROLONGATION OR SAID "BOUl'IDARY LINE" TO THE NORTH LINE OF 10TH STREET, 60 FEET WIDE, SAID NORTHERLY LINE OF 10TH STREET BEING THE WESTERLY PRO LON GA TION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE RAINBOW ANGLING CLUB, A CORPORATION, RECORDED ON MAY 19, 1952, AS INSTRUMENT NO. 2798, IN BOOK 38964, PAGE 214 OF OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES 58 MINUTES 30 SECONDS EAST ALONG SAID PROLONGATION MTI ALONG SAID SOUTHERLY LINE TO THE A-11 57848-00031 H99S28.]l 409528.2 04 1952514 SOUTHEASTERLY CORNER OF SAID LAND OF RAINBOW ANGLING CLUB; THENCE NORTH 29 DEGREES 47 MINUTES 30 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LAND OF THE RAINBOW ANGLING CLUB, A DISTANCE OF 119.90 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH ALONG THE EASTERLY LINE OF THE RAINBOW ANGLING CLUB AND ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO LEIGH G. GARNSEY, RECORDED ON JANUARY 16, 1937, AS INSTRUMENT NO. 161, IN BOOK 14640, PAGE 330 OF OFFICIAL RECORDS OF SAID COUNTY, A DISTANCE OF 178.98 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE BOUNDARY OF SAID LAND OF GARNSEY; THENCE NORTH 88 DEGREES 56 MINUTES EAST, A DISTANCE OF 313.00 FEET; THENCE NORTH 71 DEGREES 12 MINUTES EAST, A DISTANCE OF 60.00 FEET; · THENCE NORTH 42 DEGREES 01 MINUTES EAST, A DISTANCE OF 53.00 FEET; THENCE NORTH 5 DEGREES 58 MINUTES WEST, A DISTANCE OF 73 FEET; THENCE NORTH 42 DEGREES 40 MINUTES 20 SECONDS EAST, A DISTA.c"JCE OF 95.31 FEET; THENCE SOUTH 84 DEGREES 12 MINUTES 50 SECONDS EAST, A DISTANCE OF 132.07 FEET; THENCE NORTH 82 DEGREES 26 MINUTES 40 SECONDS EAST, A DISTANCE OF 125.27 FEET TO THE EASTERLY LINE OF LOT 84, AS SHOWN ON SAID MAP; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID LOT 84; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF LOTS 83 Ac"JD 84 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXTERIOR BOUNDARY OF THE LAND DESCRIBED IN DEED TO LEIGH G. GARNSEY, RECORDED ON JANUARY 16, 1937, AS INSTRUMENT NO. 161, IN BOOK 14640, PAGE 330 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE SOUTHERLY TER.c\1INUS OF THAT CERTAIN COURSE DESCRIBED IN SAID DEED HA YING A BEARING OF "NORTH" AND A LENGTH OF "103 FEET"; THENCE NORTH 103 FEET ALONG SAID COURSE TO AN ANGLE POINT IN THE BOUNDARY OF SAID LAND OF GARNSEY; THENCE NORTH 88 DEGREES 56 MINUTES EAST, A DISTANCE OF 33.45 FEET; THENCE SOUTH 17 DEGREES 53 MINUTES 27 SECONDS WEST 108.89 FEET TO THE POINT OF BEGINNING, AS GRANTED TO RAINBOW ANGLING CLUB, A CORPORATION, BY DEED RECORDED JANUARY 31, 1957. PARCEL B: 8625-29-(5 & 6) THAT PORTION OF LOT 85 OF SUBDIVISION NO. 2, AZUSA LAND & WATER COMPANY PARTLY WITHIN AND PARTLY WITHOUT THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORTHERLY LINE OF THE 80-FOOT STRIP OF LA.c"JD DESCRIBED IN THE DEED TO LOS ANGELES INTER-URBAN RAILWAY COMPANY, RECORDED IN BOOK 2712, PAGE 207, OF DEEDS. A-12 57848-00031~.&+1409528 2 04 1952514 EXCEPT THEREFROM THE ·wESTERL Y 360.00 FEET OF SAID LAND. PARCEL C: 8625-29-(5 & 6) THAT PORTION OF LOT 85, IN SUBDIVISION NO. 2, OF THE AZUSA LAND AJ® WATER COMPANY, PARTLY IN THE CITY OF AZUSA, AND PARTLY IN UNINCORPORATED TERRITORY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE LINES OF THE 80 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE LOS ANGELES INTER-1.JRBAN RAILWAY COMPANY, A CORPORATION, RECORDED ON AUGUST 6, 1906, AS INSTRUMENT NO. 52, IN BOOK 2712, PAGE 207, OF DEEDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL D: 8625-29-6 THAT PORTION OF LOT 85, IN SUBDIVISION NO. 2 OF THE AZUSA LAND AND WATER COMPANY, PARTLY IN THE CITY OF AZUSA, AND PARTLY IN UNINCORPORATED TERRITORY, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE LOS ANGELES INTER-URBAN RAIL WAY COMPANY, A CORPORATION, RECORDED ON AUGUST 6, 1906, AS INSTRUMENT NO. 52, IN BOOK 2712, PAGE 207, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 21: 8684-22-12 ALL OF LOT 2 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF AZUSA, IN THE COUNTY OF LOS ----AN-GEtEs;-STATnOF CALIF0Rl,1A, A8 PER MAP FILED IN THE UNITED STA'FE"-'S'--- GOVERNMENT LAND OFFICE AT LOS ANGELES, CALIFORNIA. EXCEPT THEREFROM THE SOUTH 25 FEET FOR ROAD PURPOSES, AS PROVIDED BY DEED RECORDED IN BOOK 108, PAGE 632, DEEDS. ALSO EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL, TO-WIT: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE NORTHERLY ALONG EASTERLY LINE OF SAID LOT 2, 460.6 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 2; 600 FEET TO A POINT; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT A-13 57848-00031 1409§28.11409578 2 04 1952514 2, 460.6 FEET TO THE SOUTHERLY LINE OF SAID LOT 2; THENCE EASTERLY 600 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESIGNATED AS PARCEL 6A IN THE FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, LOS ANGELES COUNTY, CASE NO. 973985, A CERTIFIED COPY OF WHICH WAS RECORDED ON JUNE 23, 1971, AS INSTRUMENT NO. 3020, IN BOOK D5099, PAGE 400, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED TO SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, RECORDED ON APRIL 2, 1973, AS INSTRUMENT NO. 838, IN BOOK D5815, PAGE 809, OF OFFICIAL RECORDS. PARCEL 22: 8684-24-33 THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON OCTOBER 30, 1884. EXCEPT THEREFROM A STRIP OF LAND 25 FEET IN WIDTH ON EACH SIDE OF ALL DITCHES, CONDUITS, OR OTHER MEANS FOR CONDUCTING WATER, AS CONVEYED BY THE SAN GABRIEL ELECTRIC COMPANY, A CORPORATION, IN DEED RECORDED IN BOOK 1336, PAGE 295 OF DEEDS, AND AS RESERVED IN THE DEED FROM PACIFIC LIGHT AND POWER COMPANY, A CORPORATION, TO R.J. WATERS, FILED FOR RECORD NOVEMBER 24, 1908, IN BOOK 3524, PAGE 270, OF DEEDS. PARCEL 23: PARCEL A: 8634-24- THAT PORTION OF LOT 3, SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, APRIL 6, 1876, BOUNDED ON THE NORTH, WEST AND SOUTH BY THE NORTH, WEST AND SOUTH LINES, RESPECTNEL Y OF SAID LOT AND BOUNDED ON THE EAST BY THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO J .G. BOWER RECORDED ON JUNE 21, 1882, IN BOOK 92, PAGE 152 OF DEEDS, RECORDS OF SAID COUNTY. EXCEPT A STRIP OF LAND FOR ROAD PURPOSES 25 FEET IN WIDTH OFF THE A-14 57848-00031-! 4G9528.l J 409528 2 04 1952514 SOUTH SIDE OF SAID PROPERTY, GRANTED TO THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY JAMES G. BOWER BY DEED RECORDED IN BOOK 108, PAGE 632 OF DEEDS. ALSO EXCEPT THE EASTERLY 260 FEET OF THE WESTERLY 800 FEET OF THE NORTHERLY 400 FEET THEREOF. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT 3, SECTION 26, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY L]}..1E OF SAID LOT 3, DISTANT THEREON ALONG SAID WESTERLY LINE NORTH O DEGREES 19 MINUTES 40 SECONDS EAST 25.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT, SAID POINT BEING ALSO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SIERRA MADRE AVENUE, 50.00 FEET WIDE, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 3, NORTH O DEGREES 19 MINUTES 40 SECONDS EAST, 425.00 FEET; THENCE NORTH 60 DEGREES 19 MINUTES 40 SECO:NDS EAST, 179.89 FEET; THENCE SOUTH 44 DEGREES 40 MINUTES 20 SECONDS EAST, 98.03 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 40 SECONDS WEST, 85.00 FEET; THENCE SOUTH 45 DEGREES 19 MINUTES 40 SECONDS WEST, 85.00 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 20 SECONDS WEST 135.00 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 40 SECONDS WEST, 300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SIERRA MADRE A VENUE, 50.00 FEET WIDE; THENCE WESTERLY ALONG SAID NORTHERLY RlGHT-OF-W A Y LINE, SOUTH 89 DEGREES 19 MINUTES 30 SECONDS WEST, 30.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THE EAST 6.75 ACRES OF SAID LOT 3, DESCRIBED IN THE DEED TO MONROVIA NURSERY CO., A CALIFORNIA CORPORATION, RECORDED MAY 6, 1977 AS INSTRUMENT NO. 77-468035, OFFICIAL RECORDS. SAID LAND OF BOWER BEING DESCRIBED AS FOLLOWS: "LOTS 1 AND 2 AND A SUFFICIENT PORTION OF WESTERLY PART OF LOT 3 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, TO MAKE 118 1/2ACRES OF LAND AS PATENTED TO JAMES YATES AND H.R. YATES, HIS WIFE, BY GOVERNMENT OF UNITED STATES ON FEBRUARY l, 1882, HOMESTEAD CERTIFICATE NO. 342." PARCEL B: 8684-24-41 PTN THE EASTERLY 260 FEET OF THE WESTERLY 800 FEET OF THE NORTHERLY 400 FEET OF LOT 3, SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF A-15 57848-0003 l HG%28.l l 409528.2 04 1952514 CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, APRIL 6, 1876, BOUNDED ON THE NORTH, WEST AND SOUTH BY THE NORTH, WEST AND SOUTH LINES, RESPECTIVELY OF SAID LOT AND BOUNDED ON THE EAST BY THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO J.G. BOWER RECORDED ON JUNE 21, 1882, IN BOOK 92, PAGE 152 OF DEEDS, RECORDS OF SAID COUNTY. PARCEL 24: 8684-24-39 THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP l NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. PARCEL 25: PARCEL A: 8684-24-43 PTN THE EAST 6.75 ACRES OF LOT 3 OF SECTION 26, TOWNSHIP l NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. PARCEL B: 8684-24-(42,43) LOT 4 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. EXCEPT THEREFROM THE EASTERLY 100 FEET OF THE SOUTHERLY 250 FEET OF LOT 4 IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP l NORTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LM1) OFFICE, APRIL 6, 1876. PARCEL 26: 8608-3-3 THAT PORTION OF LOTS 79, 82 AND 84 OF THE SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LIJ\1E OF TENTH STREET, (60 FEET WIDE), WHICH POINT IS 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 84, SAID POINT BEING THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO LEIGH G. GARNSEY, RECORDED ON JANUARY 16, 1937, AS DOCUMENT NO. 161, IN BOOK 14640, PAGE 330, OFFICIAL RECORDS, IN SAID A-16 57848-0003 I~ I 409528.2 04 1952514 OFFICE OF THE COUNTY RECORDER; THENCE EAST ALONG THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE, 70.40 FEET; THENCE ALONG THE BOUNDARY LINES OF SAID LAND OF GARNSEY THE FOLLOWING COURSES: NORTH 180 FEET; EAST 122 FEET; NORTH 103 FEET; NORTH 88 DEGREES 56 MINUTES EAST 313 FEET; NORTH 71 DEGREES 12 MINUTES EAST 60 FEET; NORTH 42 DEGREES 01 MINUTES EAST 53 FEET AN'D NORTH 5 DEGREES 58 MINUTES WEST 73 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION BEING ALSO AN A,_NGLE POINT IN THE NORTHERLY BOUNDARY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO MONROVIA NURSERY COMP ANY, RECORDED ON JANUARY 31, 1957, AS DOCUMENT NO. 1501, IN BOOK 53518, PAGE 109 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY LINES OF .SAID LAST MENTIONED LAND, NORTH 42 DEGREES 40 MINUTES 20 SECONDS EAST 95.31 FEET, SOUTH 84 DEGREES 12 MINUTES 50 SECONDS EAST 132.07 FEET AND NORTH 82 DEGREES 26 MINUTES 40 SECONDS EAST 125.27 FEET TO THE EASTERLY LINE OF SAID LOT 84; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO AZUSA U1\11FIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, RECORDED ON MAY 21, 1964, AS DOCUMENT NO. 999, INBOOKD2479, PAGE 423, OF SAID OFFICIAL RECORDS, SAID SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINE OF LOT 79-82 OF SAID SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., AND DISTANT 1,742.00 FEET SOUTHERLY THEREFROM (MEASURED PARALLEL WITH THE EASTERLY LINE OF SAID LOT 79-82), THENCE WESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 884.40 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO AZUSA VALLEY WATER COMPANY, RECORDED ON AUGUST 17, 1964, AS DOCUMENT NO. 5195, IN BOOK D2593, PAGE 13, OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY LINES OF SAID LAST MENTIONED LAND TO THE MOST SOUTHERLY CORNER THEREOF; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO GARNSEY, BEING IN THE WESTERLY LINE OF SAID LOT 84; THENCE ALONG THE NORTHERLY BOUNDARY LINES OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES: SOUTH 32 DEGREES 43 MINUTES EAST 62.73 FEET; SOUTH 9 DEGREES 43 MINUTES 'vVEST-80.45 FEE'F;-SOUTH-w-BEGR:EE-8-47-M++Il',,..Jl,+lTt-tE""'S~--- EAST 50 FEET; SOUTH 55 DEGREES 13 MINUTES EAST 209 FEET; SOUTH 44 DEGREES 26 MINUTES EAST 122 FEET, SOUTH 60 DEGREES 35 MINUTES EAST 43 FEET; SOUTH 88 DEGREES 50 MINUTES EAST 70 FEET; NORTH 83 DEGREES 29 MINUTES EAST 54 FEET AN'D NORTH 69 DEGREES 31 MINUTES EAST 80.71 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 27: 8608-3-2 THAT PORTION OF LOT 77 AND OF LOTS 79-82 OF THE SUBDIVISION NO. 2, AZUSA LAND AND WATER CO., IN THE CITY OF AZUSA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIF0R1'HA, AS SHOWN ON MAP RECORDED IN BOOK 43, A-17 57848-00031 ] 499§28.11409528.2 .04 1952514 PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE CORRECTION DEED TO THE CITY OF AWSA, RECORDED ON JANUARY 4, 1968, AS DOCUMENT NO. 2873, IN BOOK D3876, PAGE 898, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, SAID POINT BEING THE MOST NORTHERLY CORNER OF LOT 40 OF TRACT NO. 22538, AS SHOWN ON MAP RECORDED IN BOOK 657, PAGES 32 AND 33 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY FOLLOWING ALL THE VARIO US COURSES IN THE EASTERLY BOUNDARY LINES OF SAID TRACT NO. 22538 TO THE MOST EASTERLY CORNER OF SAID TRACT AND BEING ALSO THE NORTHEASTERLY COR:t{ER OF LOT 8 OF TRACT NO. 18063, AS SHOWN ON MAP RECORDED IN BOOK 640, PAGES 99 AND 100 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY LI1'.1ES OF LOTS 8 AND 7 OF SAID TRACT NO. 18063, TO THE WESTERLY BOUNDARY LINE OF THE LAND CONVEYED TO IRA R. CALVERT AND WIFE, BY DEED RECORDED ON WLY 11, 1963,AS DOCUMENT NO. 212, IN BOOKD2098, PAGE 842, OF SAID OFFICIAL RECORDS; THENCE NORTHERLY, EASTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE BOUNDARY LINES OF SAID LAST MENTIONED LAND, TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO AWSA VALLEY WATER COMPANY RECORDED ON AUGUST 17, 1964, AS DOCUMENT NO. 5195, IN BOOK D2593, PAGE 13 OF SAID OFFICIAL RECORDS; THENCE NORTHERLY ALONG A WESTERLY BOUNDARY LINE OF SAID LAST MENTIONED LAND TO THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN C01JRSE RECITED AS HAVING A BEARING AND LENGTH OF "NORTH 47 DEGREES 33 MINUTES 59 SECONDS EAST 88.00 FEET" IN SAID LAST MENTIONED DEED; THENCE NORTHEASTERLY ALONG SAID PROLONGATION AND SAID COURSE, TO THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN THE DEED TO AWSA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY RECORDED ON MAY 21, 1964, AS DOCUMENT NO. 999, IN BOOK D2479, PAGE 423 OF OFFICIAL RECORDS; ----"l"lf1'l'E""l"'\fCPE-NORTHERL-¥-A±;ONG SAID WESTERIN BOUNDARY LI:NE TO T SOUTHEASTERLY CORNER OF THE PORTION OF SIERRA MADRE AVENUE AS DESCRIBED IN PARCEL 1 OF THE EASEMENT DEED TO THE CITY OF AZUSA, RECORDED ON AUGUST 7, 1968, AS DOCUMENT NO. 2978, IN BOOK D4093, PAGE 187 OF SAID OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID A VENUE TO THE EASTERLY BOUNDARY LINE OF THE LAND DESCRIBED IN THE ABOVE MENTIONED CORRECTION DEED TO THE CITY OF AWSA; THENCE SOUTHERLY ALONG ALL THE VARIOUS COURSES IN SAID EASTERLY BOUNDARY LINES AND WESTERLY ALONG SAID SOUTHERLY LINE THEREOF, TO THE POINT OF BEGINNING. PARCEL 28: 8608-3-6 A-18 57848-00031 I 409'28.11409528.2 04 1952514 THOSE PORTIONS OF LOTS 79-82 AND 84 OF SUBDIVISION NO. 2 OF AZUSA LAND AND WATER COMPANY, PARTLY IN THE CITY OF AZUSA, ALL IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 43, PAGE 94 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES: BEGINNING AT THE NORTHEAST CORNER OF SAID LOTS 79-82; THENCE ALONG THE NORTHERLY LINE OF LOTS 79-82, SOUTH 89 DEGREES 19 MINUTES 56 SECONDS WEST 1000.00 FEET THENCE, PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 79-82, SOUTH 9 DEGREES 18 MINUTES 34 SECONDS WEST 1233.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE NORTHEASTERLY HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 193.47 FEET; THENCE SOUTH 15 DEGREES 31 MINUTES 35 SECONDS EAST 300.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HA YING A RADIUS OF 700.00 FEET; THENCE SOUTHERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 28.32 FEET TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH Al\1]) DISTANT SOUTHERLY 1742.00 FEET (MEASURED PARALLEL WITH SAID EAST LINE) FROM SAID NORTHERLY LINE; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, NORTH 89 DEGREES 19 MINUTES 56 SECONDS EAST 884.40 FEET TO SAID EAST LINE; THENCE, ALONG SAID EAST LINE, NORTH O DEGREES 18 MINUTES 34 SECONDS EAST 1742.00 FEET TO THE POINT OF BEGIJ\TNING. PARCEL 29: 8625-9-11 THAT PORTION OF PARCEL C, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 63, PAGE 32 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE 2 INCH IRON PIPE AT THE SOUTHERLY TERMINUS OF THE ----WESTERLY tlNE-OF PARCEL C, THENCE ALONG SAID \l1ESTERL-¥ LINE NOR+H-0~--- DEGREES 14 MINUTES 20 SECONDS WEST 187.47 FEET TO A 2 INCH PIPE; THENCE NORTH 67 DEGREES 00 MINUTES 40 SECONDS EAST 144.08 FEET TO A 2 INCH PIPE; THENCE SOUTH 40 DEGREES 47 MINUTES 40 SECONDS EAST 112.95 FEET TO A 2 INCH PIPE; THENCE SOUTH 3 DEGREES 57 MINUTES 00 SECONDS WEST 90.21 FEET TO A 2 INCH PIPE; THENCE SOUTH 37 DEGREES 09 MINUTES 05 SECONDS WEST 101.06 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID PARCEL C; DISTANT NORTH 63 DEGREES 37 MINUTES 05 SECOJ\TDS WEST THEREON 146.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL C; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 63 DEGREES 37 MINUTES 05 SECONDS WEST 46.75 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY, HA YING A RADIUS OF 70.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE A-19 57848-00031 1499§28.114095282 04 1952514 THROUGH A CENTRAL ANGLE OF 76 DEGREES 43 MINUTES 05 SECONDS A DISTANCE OF 93.73 FEET TO THE END OF SAID ClJRVE; THENCE CONTTh.'UING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL C, NORTH 50 DEGREES 20 MINUTES 10 SECONDS WEST 15.00 FEET TO THE POINT OF BEGINNING. PARCEL 30: 8625-4-7 THAT PORTION OF THE RANCHO AZUSA, AS CONFIRMED TO HENRY DALTON BY PATENT, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK2, PAGE 106 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 8 OF THE LICENSED SURVEYOR'S MAP FILED IN BOOK 29, PAGE 37 OF RECORDS OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID LINE AND PROLONGATION BEING THE DIVIDING LINE BETWEEN THE LANDS OF VOSBURG AND MACNEIL DESCRIBED IN DEED RECORDED IN BOOK 1032, PAGE 70 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER; WITH THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY, 100 FEET WIDE, AS SHOWN ON SAID LICENSED SUR VEY OR'S MAPS; THENCE SOUTHERLY ALONG SAID PROLONGATION AND DNIDING LINE TO THE NORTHERLY LINE OF FOOTHILL BOULEY ARD, 44 FEET WIDE, AS ESTABLISHED BY DEED RECORDED IN BOOK 44 73, PAGE 165, OF SAID DEEDS; THENCE ALONG SAID NORTHERLY LINE NORTH 89 DEGREES 54 MINUTES 10 SECONDS WEST 57.00 FEET; THENCE PARALLEL WITH SAID PROLONGATION AND DNIDING LINE NORTH O DEGREES 03 MINUTES 32 SECONDS EAST 50.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE SOUTH 89 DEGREES 54 MINUTES 10 SECONDS EAST 20.00 FEET TO A LINE PARALLEL WITH AND 37.00 FEET WESTERLY OF SAID PROLONGATION; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO SAID SOUTHERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY; _THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT EXCEPT THEREFROM, THAT PORTION GRANTED TO THE CITY OF AZUSA BY DEED RECORDED FEBRUARY 21, 1974, AS INSTRUMENT NO. 2576, OF OFFICIAL RECORDS. PARCEL 31: 8625-4-12 THAT PORTION OF THE RANCHO AZUSA, AS CONFIRMED TO HENRY DALTON BY PATENT, IN THE CITY OF AZUSA, COlJNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 106 OF PA TENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A-20 57848-00031 l 499528.11409528.2 04 1952514 BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF FOOTHILL BOULEVARD, 44 FEET WIDE, AS DESCRIBED IN THE DEED TO THE COUNTY OF LOS ANGELES, RECORDED IN BOOK 4473, PAGE 165, OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER, WITH THE DNIDING LINE BETWEEN THE LANDS OF VOSBURG AND MACNEIL IN DEED RECORDED IN BOOK 1032, PAGE 70 OF SAID DEEDS, SAID DNIDING LINE BEING THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF PARCEL 8 AS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 29, PAGE 37 OF RECORD OF SURVEYS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTHERLY ALONG SAID DNIDING LINE TO THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANT A FE RAILWAY, 100 FEET WIDE, AS SHOWN ON SAID LICENSED SURVEYOR'S MAP; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE NORTHWESTERLY CORNER OF TRACT NO. 31604, AS PER MAP RECORDED IN BOOK 839, PAGES 90 AND 91 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY, EASTERLY A.."ID SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID TRACT NO. 31604, TO SAID NORTHERLY LINE OF FOOTHILL BOULEVARD; THENCE WESTERLY ALONG SAID NORTHERLY LINE THE POINT OF BEGINNING. EXCEPT THEREFROM, THAT PORTION GRANTED TO THE CITY OF AZUSA BY DEED RECORDED FEBRUARY 21, 1974, AS INSTRUMENT NO. 2576, OF OFFICIAL RECORDS. A-21 57848-0003 l I 409§28.11409528.2 04 1952514 I !_ .......................... . DRI=" ""'"''""'-"" 'i·~ ...... __ .. .,. .. ,.,, ! eoNSU(..TINl!I ............. ,,.......,..,.,. --- 57848-0003111Q9528.114095282 [Depiction of Property) MAY 18, 2004 A-22 MONROVIA NURSERY EXHIBIT A BOUNDARY OF PROPERTY 04 1952514 1: IR':lf CONSULTING LEGEND C ANNEXA T!ON -OPEN SPACE 14725 ALTON PARKWAY IRVINE, CALIFORNIA 9261a-2027 949.472.~505 • FAX !.49.472.8122 • www.ABF.c"'1\ FOOTHILL . 80UL'EVARD JANUARY 09, 2004 1RANS/T I AC •. -··· F00T{-iiLl BOULEVARD 04 1952514 MONROVIA NURSERY DEVELOPMENT AGREEMENT EXHIBIT B EXHIBIT C 04 1952514 RESOLUTION NO. 03-C8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN ~1\1ENDMENT TO THE AZUSA GENERAL PLM, LAND USE ELEMENT FROM CONSERVATION (C) AND RURAL (R) TO SPECIFIC PLAN (SP) IN CONNECTION WITH ZONE CHANGE NO. Z 2002-03 J¥HEREAS, the Planning Commission held a duly noticed public hearing on December 11 and 18, 2002, and a public meeting January 8, 2003, and after receiving testimony, the Planning Commission closed the public hearing and deliberated regarding the Final Environmental Impact Report and the Project Approvals, and duly considered all information presented to it; and WHEREAS, the Planning Commission voted unanimously to adopt Resolution No. 2003- 0 I recommending that the City Council certify the Final Enviromnental hnpact Report and further recommending that the City Council approve this General Plan Amendment from Conservation (C) and Rural (R) to Specific Plan (SP) for eight (8) parcels ofland within the City and nineteen (19) parcels ofland within the Sphere of Influence known as the Monrovia Nursery; and WHEREAS, the Planning Commission's proceedings for a general plan amendment complied with Azusa Mnnicipal Code sections 88-275, 88-280; and WHEREAS, the City Council of the City of Azusa held a duly noticed public hearing on January 21, 2003, concerning this general plan amendment, and fully and carefully considered all oral and written testimony offered therein prior to acting on this resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY AZUSA HEREBY RESOL YES AS FOLLOWS: SECTION 1: The land use designation contained within the Land Use Element of the Azusa General Plan is hereby changed from Conservation (C) and Rural (R) to Specific Plan (SP) for eight (8) parcels ofland within the City and nineteen (19) parcels of land within the Sphere of Influence known as the Monrovia Nursery (APN: Within the City-8608-003-001, 8608-003-002, 8608-003-005, 8608-003-006, 8625-004-007, 8625-004-012, 8625-029-006, 8684-022-012; Within the City's sphere of Influence-8608-003-003, 8625-001-001, 8625-002- 002, 8625-004-129, 8625-004-130, 8625-005-014, 8625-005-018, 8625-005-019, 8625-008-001, 8625-008-005, 8625-009-011, 8625-009-012, 8625-010-008, 8625-029-005, 8684-024-033, 8684-024-039, 8684-024-041, 8684-024-042, 8684-024-043). SECTION 2: That in accordance with Section 88-585 of the Azusa Municipal Code, it is found that the General Plan Amendment would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to, the City Council finds that: A. That the proposed amendment is in the public interest, and that there will be a comrnm1ity benefit resulting from the amendment: According to the City's 2001 Housing Element, among the eight San Gabriel Valley Foothill communities, Azusa has long supplied a disproportionate amount of the affordable housing. As a result as of that writing, Azusa has the lowest rate of home ownership and lowest median housing sales price ($150,000). These factors have contributed to a decline in retail economic activity as surrounding cities aggressively pursued sales tax revenue dravm by their stronger buying power. As a result, many older neighborhoods in Azusa went into decline, with property values and reinvestment falling and crime and rental tum-over increasing. Furthermore, Azusa' s Economic Development Strategic Plan identifies a need for high value housing which will in turn attract more business to 04 1952514 Azusa due to increased spending power. The proposed project would add 1,250 high value (ranging from $238,000 to over $600,000) homes to the Azusa housing stock. The homes are expected to be predominantly owner-occupied, thereby, resulting in a small reduction in the percentage of city-wide tenant-occupied housing and bringing about an improved ratio of tenant-to-owner occupied housing units and adding to community stability. Tue Specific Plan would take advantage of the property's location adjacent to the future Gold Line light rail by creating a walkable mixed-use core suitable for business and residential uses. The increased density of housing and small-scale retail will create a transit-oriented development around a Transit Plaza, and a stop on the future Gold Line. The Specific Plan includes public facilities benefits, as well, with regard to recreation, schools, and fire protection service. The Plan includes passive and active recreational facilities, an arroyo, trails, and greenbelts. A system of neighborhood parks serves local residents and larger community parks are designed to serve all Azusa residents. Furthermore 168 acres of open space in the foothills would be preserved in perpetuity. A new Azusa Unified School District kindergarten through eighth grade school will be bnilt and an opportunity exists for the Los Angeles County Fire Department to relocate or place a new fire station outside of the Sierra Madre Fault Zone setback zone, where it is currently located. B. That the proposed amendment is consistent with the Guiding Principles of the General Plan Update and goals and policies of the existing General Plan. Guiding Principle #1 -Natural & Community Environment Vision: Protect the foothills, preserve natural habitat and terrain and integrate nature into future development and use. Enhance the existing fabric of Azusa neighborhoods with new development integrated into the rest of the community by open access and compatible neighborhood design: • Natural and historic flow of water enhances the area • Historic resources are preserved with the development • Public and private views are protected and development is compatible with surrounding neighborhoods and uses, including the Dharnmakaya Retreat Center The Specific Plan celebrates the natural and community environment. • The foothills are preserved and the existing biological resources are protected. The development plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving 170 acres of natural open space. • The land plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail., • The land plan maximizes the number of connections to the City. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting to the City and the arroyo trail. • The romantic bent grid design of the Park Neighborhood minimizes landform alteration by incorporating the existing topography into the land plan. Furthermore, the bent grid causes roof and front elevation movement minimizing the view of one continuous row of homes. s Historic resources, such as the Covina Canal and the Vosburg House, are being preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an undergrowid pipe, the open channel 04 1952514 canal structure will remain and possibly carry storm runoff The Vosburg House \Vl.11 remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility; and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be provided with a new private driveway. Guiding Principle# 2 -Quality Neighborhoods & Homes Vision: Maintain Azusa's family-oriented community identity by offering a diversity of home ovmership opportunities, reflecting traditional neighborhood patterns: • Dominant housing type is single-family detached homes attractive to middle and upper income home buyers • Architectural styles and features draw on historic patterns and scale • High quality construction, home design, and neighborhood amenities promote well-being and maintain value, The Specific Plan has been designed as an extension of Azusa's family-oriented traditional neighborhoods. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renovmed landscape architect and planner, Frederick Law Olmstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples oflocal communities that were planned around these principles include Palos Verdes Estates, Beverly Hills. and the Vista Bonita neighborhood in Azusa. • The Park Neighborhood constitutes 17.3 percent of the Nursery property while the Village Core and Promenade District constitute 2.2 percent and 7.7 percent respectively. Both the Village Core and the Garden Court Neighborhood in the Promenade District allow for detached rear-loaded housing. In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. 1bis architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street" • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic 04 1952514 architectural form and massing. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. Guiding Principle # 3 -Mobility & Mix of Uses Vision: Create a walkable business campus adjacent to a future Gold Line light rail stop, blended and connected with adjacent residential neighborhoods and the emerging University District to the south: • Campus-style office space suitable for high-tech, corporate or institutional users • A shared neighborhood core with small-scale retail/service businesses for transit riders, business park employees and surrounding residents • Compatible townhornes and apartments The Promenade District creates a mixed-use neighborhood that promotes transit, commerce, and high-quality residential development. • • • • The Specific Plan incorporates space near Citrus Avenue for a future light rail transit station. A transit plaza is planned adjacent to the light rail station as a formal park and inviting gathering place surrounded by transit-oriented retail. Mixed use, live/work, and three-story residential are the land uses planned around the transit center to create the community of persons who will embody the vision of a transit-oriented district. The transit plaza anchors the Promenade, which is a great walking street that connects the plaza to the residences of the Promenade District. The residences in the Promenade District are planned as for-sale housing . The only rental would occur in the area surrounding the transit square as a mixed-use development, with apartments above retail or office uses. Guiding Principle # 4 -Green Spaces & Public Uses Vision: Build on the green and open character of the natural setting and history by incorporating passive green space and active recreational facilities. Incorporate abundant public and neighborhood-serving facilities such as schools, child-care, and gathering places: • A system of neighborhood parks to serve local residents and larger parks as a resource for the entire community • Comprehensive trail system for walking, hiking, and biking • Distinctive landscaping/greenery/greenbelts/trees • Hillside open space Azusa's heritage is tied to the San Gabriel Canyon and Mountains. The Specific Plan fosters that heritage through a series of parks, open space, and trail connections that will incorporate landscape commemorative of the Nursery and great botanic gardens of the world. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail system will pass underneath Sierra Madre A venue. Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within 04 1H52514 the line of sight and within a five-minute walk from all the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre A venue a linear park provides both view opportunlties and trall connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public park will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the land plan. Every street has park\;vay-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2.1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan does not extend beyond existing nursery operations and allows for 170-acres of natural open space to be preserved in perpetuity in the foothills. GENERAL PLAN LAND USE ELEMENT Primary Community.Wide Land Use Goals 1. Provide an orderly, functional, and compatible land use pattern to guide the future growth and development of Azusa and its planning area. 2. Ensure that the type, amount, design and pattern of all land uses throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community. 3. Provide for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will ensure residents of a desirable urban environment in which to live, work, shop and play. 4. Allow development in the San Gabriel Mountain' foothills only when proper consideration has been shown for all environmental and safety factors. The Specific Plan includes great neighborhoods designed to complement and enhance the surrounding three new neighborhoods. • Time-honored planning principles of the world-renowned landscape architect and planner, Frederick Law Olmstead, are the foundation for the neighborhoods. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District Neighborhood is patterned after the great walking streets of the world. Examples of communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and • the Vista Bonita neighborhood in Azusa. The Specific Plan maximizes the number of connections to the adjoining neighborhoods. Roadway connections are provided at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. Furthermore, the realignment of Sierra Madre Avenue includes a linear 04 195251.4 park and trail connecting the City to the arroyo trail and the City of Glendora. • Parks were used to form and create the Specific Plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular gardens. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access through the entire community. Furthermore, the Promenade District is designed as a walking district. • The foothills are preserved and the existing biological resources are protected. The Specific Plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving more than 170 acres of natural open space. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood, housing prices are expected to begin in the low $300,000s and extend well above $500,000. RESIDENTIAL LAND USE GOALS 1. Encourage the maintenance and conservation of existing single-family homes and the preservation of existing low-density neighborhoods throughout the connnunity. 2. Provide for a well-balanced variety of housing arrangements, opportunities and densities, each appropriately located with references to topography, traffic and circulation, community facilities, and aesthetic consideration. 3. Ensure the development of school, park, and other necessary public facilities well related to residential neighborhoods. 4. Encourage only additional residential development that is necessary to replace older deteriorated housing stock and to provide for the natural increase in population, but not to encourage higher densities that will stimulate population growth. 5. Encourage the assemblage of small lots into larger parcels to maximize land use efficiency in areas permitting higher densities. Supporting Objectives To encourage programs or citizens' efforts that are directed toward neighborhood or community beautification and improvement. To encourage a full range of public improvements and services to all residential neighborhoods. To encourage a continuing program of community preservation and rehabilitation. To provide for a distribution of population through the use of a variety of densities and housing types throughout the City in order to avoid 04 1952514 undesirable and inefficient concentrations of the population in any one location of the community, To encourage the development of residences for all economic segments of the City and to also encourage the ovmership of these units in order to increase neighborhood stability. To ensure that all residential development proposals include an adequate and detailed analysis of the impact on the entire community and of the community's ability to sustain it, in tenns of provision of such factors as adequate access, off-street parking, reasonable demands on utilities and public facilities, and others that might affect residential or community quality. To ensure that all new development is compatible with the Circulation Element and existing street system and that the system will adequately handle the expected traffic increase. The Specific Plan provides a variety of new housing types, sizes, and prices formed around public open space and parks. • The Specific Plan identifies a variety of housing products throughout the community that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a • • • • variety of people in different stages of homeownership. The higher density housing types surround the transit station to create a bustling, walkable transit neighborhood. The transit neighborhood is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit neighborhood is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and \VJ.thin a five-minute walk from the residential neighborhoods. The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre A venue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. The two-story design of the proposed residences enhances the value of one-story designs in the City, instead of directly competing against the City's existing housing stock. A Great Park of 14.5 acres, the largest in the City, consisting of a 9.0-acre public school and 5 .5-acre joint use park, anchor the park system. The school is designed to accommodate students from kindergarten through eighth grade. The Specific Plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban 04 1952514 pollutants, and include a trail system connecting to the Garcia Trail. • The architecture and street scene in all neighborhoods de-emphasizes the garage. Each neighborhood has parkway-separated sidewalks with street trees. The living portion of the homes are pulled fonvard toward the street with outdoor living space such as porches, stoops, and balconies. Garages are pushed back away from the street and de-emphasized so that each home has a recognizable front instead of a series of garage doors. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • A Homeowner's Association (HOA) will govern the new development by enforcing specific codes and covenants designed to promote community consistency, maintenance and value. The HOA will also include community programs to encourage neighbor participation. • The Specific Plan contributes substantial monies toward community infrastructure improvements, such as improvements to the street system, water system, and sewer system. • The Specific Plan EIR assessed potential impacts of the proposed development on the surrounding community. Topics such as traffic, air quality, noise, hydrology, geology, biology, and hazards were analyzed in detail. Where the proposed development caused adverse impacts, mitigation measures were incorporated into the plan. COMMERCIAL LAND USE GOALS l. Promote the development of commercial facilities which are convenient to residents and which provide the widest possible selection of goods and services, in keeping with sound economic principles of retail locations. 2. Ensure an economically strong and balanced commercial sector of the community that is easily accessible, attractive, and meets the commercial needs of the market area. 3. Encourage the revitalization of the central downtown business district. Supporting Objectives To encourage the clustering of businesses, landscaping, development of small commercial centers with shared parking, and other development techniques that will improve the visual appearance and efficiency of existing '"strip" commercial development along arterial streets. To achieve strong investment and consumer support for the commercial sector of the community. To preserve the integrity of commercial areas by prohibiting the mixture of incompatible noncommercial uses within these areas. To ensure adequate par.king, attractive landscape and architectural design, and good access to the commercial area from its service area. To undertake a study of the central downtown business district followed by effective revitalization efforts. The Specific Plan proposes minimal commercial opportunities to serve the new development without competing with established commercial centers in the City. • A modest amount (30,000 to 50,000 square feet) of transit oriented commercial uses are pennitted in the transit village. • Live/work is a building typology permitted in most of the Promenade District, allowing the owner of the residence to also have an office on the first floor, but the design functions equally as well as pure residential. COMMUNITY FACILITY LAND USE GOALS 1. Provide for a land use configuration in Azusa that provides adequate, easily accessible and appropriate community facilities and utilities while minimizing taxes and operations to within reasonable levels. Supporting Objectives 04 1952514 To provide for a community-wide balance of community facilities that will not create excessive demands on facilities and utilities, especially in areas of development concentration. To encourage the use of alternative ener,gy sources, such as solar energy, and energy-related environmental criteria in the design, construction and lot orientation of new or proposed buildings. To explore the feasibility and potential for the multiple-use of existing public or quasi-public rights-of-way for recreational purposes. To provide for adequate park and recreation facilities to meet the demands of present and future Azusa citizens. The Specific Plan was designed to minimize impacts on the City's community and utility facilities. • Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. • Development of the Momovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. • The Specific Plan provides the largest contiguous open space in the City by connecting the Great Park with the arroyo nature park to the wilderness park in the mountains. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a fiveMminute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A Great Park consisting of a 9 .0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan includes a 2. 1-acre private recreation facility open to the new residents of the Monrovia Nursery development. The private recreation facility will include a pool and other recreation amenities. • The new development will include a Community Facilities District and Homeowner's Association to provide financial opportunities for construction and maintenance of the proposed community facilities. • The City has prepared a fiscal impact analysis to determine the long-term financial implications of the proposed development for the City. CIRCULATION/TRANSPORTATION LAND USE GOALS 1. Provide for a land use configuration that is compatible with the transportation and circulation systems that currently exist and \vi.th those that are planned by the City, County and State. 2. Provide for land uses that encourage efficient use of the circulation systems that exist, while avoiding land use concentration or locations that might result in unnecessary and undesirable congestion. Supporting Objectives To provide for adequate access into residential areas by local or collector streets, avoiding congestion and hazardous conditions that are often caused by direct access onto arterial streets from local streets or residences. To provide for alternative modes of transportation such as bicycles, pedestrian facilities, etc., as well as access to major regional transportation systems. 04 1952514 To adequately buffer the more sensitive land uses from the adverse effects of freeways, major arterials, railroad and other circulation components. To encourage the development of clustered commercial uses, especially along arterial streets, that make more efficient use of parking and land utilization while maximizing safe pedestrian circulation. The land uses and circulation patterns in the Specific Plan promote efficient pedestrian, vehicular, and transit circulation. • The higher density housing types surround the transit station to create a bustling, walkable transit village. The transit village is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in dovmtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit village is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. • AH possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. • The Specific Plan proposes to realign Sierra Madre A venue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate that a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus A venue between Sierra Madre A venue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. CIRCULATION ELEMENT GOALS 1. Provide for a transportation system which supports planned land use and improve the quality oflife. 2. Promote the safe and effective movement of all segments of the population and the efficient transport of goods. 3. Make efficient use of existing transportation facilities. 4. Protect environmental quality and promote the wise and equitable use of economic and natural resources. Supporting Objectives To encourage State, regional, and local governments and agencies to achieve a coordinated and balanCed regional transportation system, consistent with the City's social, economic and environmental needs and goals. To develop transportation planning, services, and facilities that are coordinated with and support the land use plan. ') 4 I 1952514 To develop a balanced system of circulation which incorporates motor vehicles, pedestrians, bicycles and other private and public transportation modes with greater safety and increased energy efficiency. To encourage the continuance of a public transportation system that will (!) provide a viable alternative to the automobile, (2) satisfy the transportation needs of commuters, the economically disadvantaged, the aged, the young, and the handicapped, and (3) promote service at a reasonable and equitable cost to both the users and the general community. The Specific Plan promotes alternative forms of transportation and a circulation system that avoids impacts to the surrounding community. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. • The Specific Plan proposes to realign Sierra Madre A venue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. The Specific Plan EIR provides a complete assessment, including mitigation measures, of potential traffic impacts on the surrounding streets. SCENIC HIGHWAYS ELEMENT GOALS 1. Provide a scenic road system serving a variety of transportation modes. 2. Provide enhanced recreational and commercial opportunities served by a system of scenic roadways. 3. Preserve and enhance the aesthetic resources within scenic corridors. Supporting Objectives To establish a city wide scenic roadway system. To encourage utilization of appropriate existing goals. To protect and enhance aesthetic resources within corridors of designated scenic roadways. To establish and maintain urban scenic highways to provide access to interesting and aesthetic manmade features, historical and cultural sites, and urban open space areas. To provide a comprehensive Scenic Roadway Program which safely accommodates various forms of transportation compatible with scenic highway criteria and standards. To develop and apply standards to regulate the quality of development within corridors of designated scenic roadways. To improve the aesthetic qualities of scenic roadway corridors through the rehabilitation, renovation, and redevelopment of deteriorating areas along these routes. To remove visual po11ution from designated scenic highway corridors. 04 1952514 To encourage the development and use of aesthetic design standards for road construction or reconstruction for all designated scenic roadways. To increase governmental commitment to the designation of scenic highways and protection of scenic conidors. To encourage the fair distribution of social and economic costs and benefits associated with scenic highways. To promote the use and awareness of scenic highway amenities for all segments of the population. The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • The north side of Sierra Madre Avenue vfill be primarily landscaped slope. In the Village Core, homes will front onto Sierra Madre Avenue. • The south side of Sierra Madre Avenue will have a linear park and multi- purpose trail. Landscaping will dominate the linear park while also respecting the view opportunities from the roadway and trail. • The proposed recreation facility and Village Core housing will front onto the south side of Sierra Madre Avenue creating a point of arrival at an activity center. • A bridge on Sierra Madre A venue will cross the arroyo and arroyo trail. • The narrow cross-section of Sierra Madre A venue is designed to slow traffic but maintain roadway capacity to accommodate commuter traffic. HOUSING ELEMENT GOALS I. Conserve and improve the condition of the existing affordable housing stock. 2. Assist in the development of adequate housing to meet the needs oflow- and moderate-income households. 3. Identify adequate housing sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income groups. 4. Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. 5. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. Quantative Objectives To conserve affordable housing available through the existing rental housing supply and mobile home dwellings (N=389). To achieve the rehabilitation of 100 housing units during the time frame of mid-1984 through mid-1989. To meet the rental housing assistance in existing housing units of 150 lower income households during the next five years. To meet the owner housing assistance needs of first time buyers of moderate income in 100 newly constructed housing units. To achieve the production of80 new rental housing units within the financial means oflow-and moderate-income households. The Specific Plan creates new housing opportunities for a variety of people at different homeownership stages in their life. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologjes. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products tJ ~e mid~ t~ul!t> i 4 income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the rnid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • The proposed housing products are for-sale residences. The only opportunity for rental housing is in the transit neighborhood where mixed- use development could have apartments over retail or office uses. SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS 1. Prevention of serious injury and loss of life. 2. Prevention of serious structural damage to critical facilities and structures where large numbers of people are apt to congregate at one time. 3. Insure the continuity of vital services and functions. 4. Education of the Community. Supporting Objectives To reduce loss of life, injuries) and damage to property caused by seismic events and seismic-related conditions. To reduce loss of life, injuries, and damage to property, and loss of natural resources caused by wildland and urban fires. To protect life and property in the event of a natural disaster. To prevent injury or loss oflife and damage to property due [to] flood hazards. The Specific Plan used extensive geotechnical investigations to determine the appropriate locations for development that minimize risks to life and property. • A setback zone for the Sierra Madre Fault was identified and no houses are located within the setback zone. • • Sierra Madre Avenue was aligned along an unnamed fault to provide appropriate setbacks for housing. A setback zone for a second unnamed fault on the west side of the property north of Tenth Street prohibits the construction of habitable structures. Geologists and geotechnical engineers conducted a liquefaction hazard analysis and determined that dirt in the lower portion of the property must be removed approximately 20 to 25 feet deep and recompacted to minimize potential liquefaction hazards. The Specific Plan BIR contains an extensive geologic and geotechnical investigation, with appropriate mitigation measures to minimize risks to life and property. CONSERVATION ELEMENT GOALS AND OBJECTIVES 1. To protect, conserve, and manage the natural and scenic resources of the Azusa Planning Area. 2. To ensure an adequate supply of high quality water for local and regional needs by preventing the accelerated water loss due to high runoff and loss of groundwater recharge areas, and pollution, while protecting life and property with appropriate flood protection measures. 3. Conserve soils as a water-regulating medium as well as for the production of natural or other hillside vegetation. 4. To promote the retention of native or other vegetation wherever feasible for maximum water yield, air, and water quality, and flood hazard reduction. 5. To preserve adequate expanses of all major habitat types so as to maintain ecosystems in a natural balance for recreation, scientific, economic, educational and scenic purposes. 04 1952514 6. To secure a safe, healthful, and wholesome environment through careful planning for the preservation and utilization of natural resources and natural resource lands. The Specific Plan promotes conservation of natural resources. • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity. • • • • • • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail will pass underneath Sierra Madre A venue. The arroyo provides a series of water quality basins planted with riparian habitat designed to foster groundwater recharge and biofiltration to remove urban pollutants from the storm runoff. Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. Development of the Monrovia Nursery property Mil require substantially less electricity use than the existing Monrovia Nursery operations. Development of the Monrovia Nursery property will reduce the amount of Particulate Matter 10 microns (PM10) currently released from the Nursery site. The South Coast Air Basin is currently designated as a non-attainment area for PM10 because of noncompliance with the State and Federal Clean Air Acts. Therefore, development of the Monrovia Nursery property will improve air quality. The Specific Plan EIR contains an extensive air quality analysis. The Specific Plan includes a series of detention basins to minimize impacts from flooding. The EIR includes an extensive hydrology analysis that documents how the proposed development reduces the risk of flooding to surrounding properties. OPEN SPACE ELEMENT GOALS 1. To secure a safe, healthful, and wholesome environment through careful planning and presenration of open space resources. 2. To maintain the continued existence of valuable amenities which provide beauty, identity, and form to the community and to neighborhoods within the community. 3. To preserve or conserve valuable natural and cultural resources that have scientific, educational, economic and cultural value. 4. To contribute to the attainment of the State Legislature's open space planning goals and objectives and fulfill the responsibility that Azusa has to the geographic region it is located. Supporting Objectives To protect examples of wildlife habitat by acquisition of as much open space land as economically possible and by prohibiting its development with incompatible uses. To preserve the hillside topography and natural vegetation through land use regulations, which encourage the retention of the natural topography and control the degree of ground coverage by structures both on the hillside and in the arroyos and canyon bottom. To promote the study, adoption and review of regulations designed to assure appropriate and safe development in hazardous development areas. These regulations should include control of elimination of mass grading, limitation on the intensity and density ofland use, and prohibitions against any development projects except those which are designed for mountainous or irregular topography. The Specific Plan designates over 60 percent of the Nursery property for open space, park, cultural, and recreation amenities. 04 1952514 • • • • • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity in the foothills. The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscapes. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. A trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. In addition to public parks, the Specific Plan includes a 2.1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. The Specific Plan provides 18 acres of park and recreation facilities, more than the 16.5 acres of parkland required by State planning law. NOISE ELEMENT GOAL I. The principal goal of the City is to prohibit unnecessary and annoying noise from all sources in the community through the identification, control, and abatement of noise pollutants. Supporting Objectives To continue present programs which prohibit unnecessary, excessive and annoying noise from sources which are subject to the police power of the City. To use existing and future regulatory controls such as noise ordinances, zoning restrictions, conditional use permits, environmental impact reports and precise plans for the identification, control, and abatement of noise. To coordinate with Federal, State, County and other governmental agencies in dealing with noise abatement. To provide information to the public regarding the potential impact of various noise sources and methods for abatement. The Specific Plan is designed consistent with the City's noise standards. • The Specific Plan EIR includes an extensive analysis of construction and operational noise impacts, including mitigation measures. COMMUNITY DESIGN ELEMENT GOALS 1. Provide guidelines for design treatments of public and private buildings which are aesthetic yet economically practical. 2. Promote community identity through the upgrading of existing landscaping, redesign of existing buildings and design treatments for new buildings, which are in keeping with community character. 04 1952514 3. Enhance the economic stability of the community's commercial and industrial businesses and encourage the attraction of new enterprises. Supporting Objectives To foster community identity and pride through design treatment. To protect and enhance economic value of properties and encourage commercial business growth. To ensure the proposed development will be properly related to its site and to surrounding sites and structures; to prevent the erection of structures, which are inharmonious with their surroundings. To ensure that sites, projects and structures are developed with due regard for the aesthetic qualities of the natural terrain and landscape, and that trees and shrubs are not indiscriminately destroyed. To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood. To ensure that open spaces, parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses. To develop design criteria for all commercial and industrial development, as well as residential projects of nine or more dwelling units. The Specific Plan includes community design criteria and architectural standards that celebrate Azusa's heritage and promote lasting value. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-reno\VIl landscape architect and planner, Frederick Law Ohnstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood of Azusa. • Jn the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all the neighborhoods de-emphasizes the garage. The living portion of the homes are pulled fonvard toward the street with outdoor living space such as porches, stoops, and balconies. Th.is architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the ''Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan includes a landscape vision that celebrates the heritage of the Nursery. Incorporating botanical garden themes and historic references to Nursery plantings, the landscaping will be distinct and spectacular. HISTORIC PRESERVATION ELEMENT 04 1952514 HEALTH AND WELFARE GOAL To provide for and maintain a safe, attractive and desirable living environment and to insure optimum health and well-being for all residents of Azusa. Supporting Objective The aforementioned is the overall prime goal which establishes the justification for a Historic Preservation Element and all of the following objectives should be viewed as implementing this goal. PRESERVATION GOAL To preserve valuable natural and man-made resources that have scientific, educational, economic and cultural value. Supporting Objectives Evaluate buildings to determine if they can be restored and brought up to Fire, Health, and Building Code standards. Develop zoning bonus and development incentives which will serve preservation. Develop an owner awareness program to inform property owners of tax programs and other preseniation techniques. Utilize Community Development Block Grants (CDBG) for low interest loans for preservation. Pursue inclusion of sites on the National and State Registries of Historic Sites. Conduct a community-wide survey to determine appropriate sites for preservation. Develop a priority ranking to identify high, medium and low priority for preservation activities. Evaluate capital improvement programs and public services which can be directed to historic preseniation. Pursue innovative techniques for historic site preseniation such as architectural easements, conservation districts and development rights transfer. Pursue federal and state grants-in-aid for site purchase and enhancement Investigate the feasibility of Bond Financing to finance purchase and enhancement of historical sites. Continue to implement provisions in the California Environment Quality Act (CEQA) requiring investigation and evaluation prior to development ofall archaeological, paleontological, cultural and historical features. Monitor proposed state and federal legislation relating to historic preservation; officially support same when appropriate. Pursue private funding sources and programs as highest priority for site preservation. Coordination with, and utilization of, the Community Redevelopment Agency as a vehicle for preservation activity. RESTORATION AND ENHANCEMENT GOAL To restore and enhance historical, cultural and other man-made features. Supporting Objectives Evaluate buildings to determine if they can be restored and brought up to Fire, Health and Building Code Standards. Utilize CDBG for low interest loans for restoration. Evaluate Building, Fire and Health Codes to detem1ine where they can be relaxed as an incentive to historic site restoration. Evaluate capital improvement programs and public services which can be directed to historic site restoration and enhancement. Pursue federal and state grants-in~aid for site purchase and enhancement. Investigate the feasibility of Bond Financing for purchase and enhancement of historical sites. 04 1952514 Continue to implement CEQA to identifyhistorica! sites and mitigation measures for preservation and enhancement. Pursue private funding sources and programs as highest priority for site restoration and enhancement. COMMUNITY IDENTITY GOAL To promote community identification and visual quality. Supporting Objectives Identify and preserve sites which are significant in the past development and economy of the community and which foster the public's awareness of the cultural make-up of the community. COMMUNITY INVOLVEMENT GOAL To encourage opportunities for community involvement and participation. Supporting Objectives Develop educational and information programs to make the public aware of historic sites and preservation activities. New development should be related to existing development and historical/cultural resources in scale, material and character in order to maintain community, neighborhood and block identity. EDUCATION GOAL To encourage the educational and cultural enrichment of the residents of Azusa. Supporting Objectives Develop public awareness programs (literature, work shops, lecture series, etc.), to make citizens aware of landmarks and preservation programs. Utilizing CEQA and the public hearing process, educate and notify the public of development activities and potential impacts upon historic sites. PLANNING CONSISTENCY GOAL To foster consistency between the various general plan elements and the Historic Preservation Element. Supporting Objectives Evaluate the various general plan elements and zoning for possible inconsistencies with historic sites and preservation; amend the general plan where necessary. The Specific Plan includes measures designed to preserve and celebrate the Nursery's heritage and cultural resources to the maximum extent practical. 11 Historic resources, such as the Covina Canal and the Vosburg House, will be preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly used for storm drain purposes. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility, and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre A venue will be provided with a new private driveway. 04 1952514 C. That the proposed amendment will not conflict with the provisions of the zoning ordinance, subdivision regulations, or any applicable specific plan: The proposal meets all of the applicable provisions of the Zoning Code for the proposed Specific Plan (SP) zoning designation. Further the Specific Plan contains its own development standards. The amendment will not conflict with the City's subdivision regulations. In additioni all applicable City divisions and departments have reviewed the proposal and issued conditions for approval. D. The proposed amendment will not adversely affect surrounding properties: An Environmental Impact Report with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on the future homes to be constructed on the site, surrounding sensitive land uses, and service systems. An impact to surrounding properties, which cannot be mitigated to a less-than- significant level, is the overall change in visual character of the site from agri- business to predominately residential. However, a Statement of Overriding Considerations has been adopted under a separate resolution. SECTION 3: An EIR was prepared by the City pursuant to CEQA and its related Guidelines section 15168 to analyze potential adverse environmental impacts of the Project implementation. Significant adverse environmental impacts with regard to air quality, aesthetics, noise, cultural resources, and utilities and service systems were found. A Statement of Overriding Considerations has been adopted under a separate resolution. SECTION 4: The Clerk shall certify to the adoption of this resolution and shall cause the same to be published in compliance with Chapter 88, Article Ill, Division 6 of the Azusa Municipal Code. PASSED, APPROVED AND ADOPTED this , 2003. MAYOR I HEREBY CERTIFY that the foregoing Resolution No. 03-C8 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held 3rd day of Februazy 2003, by the following vote of the Council: A YES: COUNCILM.EMBERS: Hardison, Stanford, Rocha, Chagnon NOES: COUNCILM.EMBERS: Madrid ABSENT: COUNCJLM.EMBERS: None ~~~ City Clerk APPROVED AS TO FORM 04 1952514 RESOLUTION NO. 03-C9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VESTING TENTATIVE TRACT MAP NO. 54057 TO SUBDIVIDE TWENTY-SEVEN (27) PARCELS OF LAND INTO SEVEN HUNDRED FIFTY FIVE (755) PARCELS AT 18331 E. FOOTHILL BLVD. (APN: Within the City -8608-003-00 l. 8608-003-002, 8608-003-005, 8608-003-006, 8625-004- 007, 8625-004-012, 8625-029-006, 8684-022-012; Within the City's sphere oflnfluence-8608- 003-003, 8625-001-001, 8625-002-002, 8625-004-129, 8625-004-130, 8625-005-014, 8625-005- 018, 8625-005-019, 8625-008-001, 8625-008-005, 8625-009-011, 8625-009-012, 8625-010-008, 8625-029-005, 8684-024-033, 8684-024-039, 8684-024-041, 8684-024-042, 8684-024-043) "WHEREAS, an application was received from Monrovia Nursery Company with respect to the requested Vesting Tentative Tract Map No. 54057 to subdivide twenty seven (27) parcels ofland into seven hundred fifty five (755) parcels at 18331 E. Foothill Blvd., and WHEREAS, the Planning Conunission held a duly noticed public hearing on December 11 and 18, 2002, and a public meeting on January 8, 2003, and after receiving testimony, the Planning Conunission closed the public hearing and deliberated regarding the Final Environmental Impact Report and the Project Approvals, and after duly considering all infonnation presented to it; and WHEREAS, the Planning Conunission voted unanimously to adopt Resolution No. 2003- 05 reconunending that the City Council approve Vesting Tentative Tract Map No. 54057, and WHEREAS, the City Council held a duly noticed public hearing on January 21, 2003, and WHEREAS, the City Council of the City of Azusa carefully considered all the pertinent evidence and testimony regarding Vesting Tentative Tract Map No. 54057; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY AZUSA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That in accordance with Section 88-585 of the Azusa Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to, the City Council hereby adopts said Vesting Tentative Tract Map based on the following findings: A. Such approval will not be materially detrimental to the public welfare, injurious to the property or improvements in the vicinity and zone in which the land is located, will not be contrary to or adversely affect the general comprehensive zoning plan for the city. With the approval of a General Plan Amendment, the approval of the Vesting Tentative Tract Map is consistent with the City of Azusa General Plan, which includes the requirements of the Seismic Safety/Public Safety Element and the Noise Element. The proposed residential, commercial, transit, institutional, and parks project will be constructed to meet the development standards of the zone and the Uniform Building Code standards. B. Proper or adequate provision has been made for access to the land to be sold, divided or subdivided and also the portion of land remaining or that access to the land is by means of dedicated streets of a sufficient width and state of improvement to adequately serve the land described in the application. Access to the residential, commercial, transit, institutional, and parks parcels created by the Vesting Tentative Tract Map would be provided by the construction of"'A" through ''Z" and "AC" through "AS" Streets and the construction of the extensions of Palm Drive, Citrus Avenue, and Sierra Madre Avenue. The project 04 1952514 has been conditioned to ensure public access for existing owners of interest. C. Proper and adequate provisions have been made for all public utilities and public services, including sewers. Proper and adequate provisions exist for all public utilities and public services, including sewers. The City's Sewer Master Plan planned for increase in wastewater from the Monrovia Nursery property. SECTION 2. Pursuant to California Government Code Section 66410 et seq., based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows: A. The proposed subdivision in the Tentative Tract Map is deslgned, to the extent feasible, to provide for passive or natural heating or cooling opportunities because some lots have and eas1~west orientation to facilitate solar heating and natural cooling. The development will be subject to subsequent site plan review, whlCh will ta.lee into account Title 24 standards. B. The proposed subdivision and the provisions for its design and improvement in the Tentative Tract Map are consistent with the general plan for the City of Azusa ("General Plan"), and the applicable specific plan, otherwise known as the Monrovia Nursery Specific Plan ("Specific Plan"), because: 1. The Tentative Tract Map provides for land uses compatible with the Specific Plan land use classification for the Subject Site in the General Plan, and the provisions for design and improvements promote the goals and objectives of the General Plan. 2. The Tentative Tract Map provides for land uses compatible with the Specific Plan ]and use classification for the Subject Site in the Specific Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan. C. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map because the site is surrounded by development on three sides. Therefore, being an infill development, infrastructure can easily be extended to the project site to serve the new land uses. D. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because after CEQA compliance, the environmental impacts to any significant habitat of a rare or endangered species of plant, animal, or insect, or any fragile or unique biotic community are at a less- than-significant level. E. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes, and mitigation measures identified in the Environmental Impact Report related to lead based paint, PCBs, HBCLs, and TPH-impacted soils. F. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with easements acquired by the public at large for access through or use of the Subject Site because easements have been preserved through subdivision or easement relocation. G. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map will not cause a violation of existing requirements prescribed by the local water quality control board because future development 04 1952514 must comply with County Sanitation Districts and Los Angeles County Public Works Department requirements placed on the project at the Precise Plan of Design level of project review. SECTION 3. Pursuant to section 66412.3 of the Government Code, based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the subdivision and improvements proposed in the Tentative Tract Map help the City of Azusa meet its regional housing needs because the proposed densities on the project site (up to 36 units per acre) will facilitate lower cost housing opporturuties. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by the subdivision and improvements proposed in the Tentative Tract Map because 1 )parks are needed to serve the recreation needs of the new residents generated by the project, 2) streets dedicated to the City will provide public access to the site and connect to the City's circulation system, 3) the school site will provide adequate land for developing a new school to serve the project's new residents, and 4) the open space v.Jill give the project aesthetic value since the project site provides a backdrop to the San Gabriel Valley. SECTION 5. An EIR was prepared by the City pursuant to State CEQA Guidelines Section 15168 to analyze potential adverse environmental impacts of the Project implementation. Significant adverse environmental impacts with regard to air quality, aesthetics, noise, cultural resources, and utilities and service systems were found. A Statement of Overriding Considerations has been adopted under a separate resolution. SECTION 6: The City Council hereby approves Vesting Tentative Tract Map 54057 based on the aforementioned findings and conditions of approval listed as Exhibit A. The map shall be finalized and recorded prior to any construction and only after these findings and conditions have been accepted in writing by the ovro.er of the described property. SECTION 7: The City Clerk shall certify to the passage of this resolution and shall cause the same to be published in compliance with Chapter 66, Article IV, Division 4 of the Azusa Municipal Code. PASSED, APPROVED AND ADOPTED this )''.,.-,-, 2003. I HEREBY CERTIFY that the foregoing Resolution No. 03-C9 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on this 3'' day of February , by the following vote of the Council: AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon. NOES: COUNCILMEMBERS: Madrid ABSENT: COUNCILMEMBERS: None ABS.I~;:_ ·.OU~..E EMB.~ Ef'RS::7 N. ne c~ ... ~,i,;{~~~~ C ·o City Clerk APPROVED AS TO FORM ~a'f-C~ City Attorney Exhibit A Conditions of Approval I I 04 1952514 Case No: Address: A.P.N.: Project: Exhibit "A" -2/4/03 Final Version GPA 2002-03, Z 2002-03, SP-6, VTTM 54057 18331 E. Foothill Boulevard Within the City of Azusa -8608-003-001, 8608-003-002, 8608-003-005, 8608-003-006, 8625-004-007, 8625-004-012, 8625-029-006, 8684-022- 012 Within Azusa's Sphere of Influence -8625-002-002, 8625-004-129, 8625-005-018, 8684-024-042, 8608-003-003, 8625-001-001, 8625-004- 130, 8625-005-014, 8625-005-019, 8625-008-001, 8625-008-005, 8625- 009-001, 8625-009-012, 8625-010-008, 8625-029-005, 8684-024-003, 8684-024-039, 8684-024-041, 8684-024-043 Monrovia Nursery Note: All references to Applicant includes successors or assigns ALL OF THE FOLLOWING CONDITIONS SHALL BE MET, INCLUDING BUT NOT LIMITED TO: 1. SPECIFIC PLAN EDITS Landowner and/or master developer shall make the following edits to the Monrovia Nursery Specific Plan for City staffs review and concurrence immediately following project approval: (1) Incorporate the edits presented in Exhibit "C," dated December 10, 2002. (2) Revise the Circulation Plan to include a discussion of bus service, feasible bus routes, and amenities for riders (i.e. benches, kiosks, shade covers). (3) Edit the Monrovia Nursery Specific Plan to consolidate Specific Plan implementation provisions into one section. ( 4) Add a provision that lot width shall be measured at the front yard setback building line. (5) Add a provision that the minimum lot width in the Park Neighborhoods shall be no less than 45 feet and in any particular 4000 block, which is a grouping of adjacent lots in the same 4000 square feet land use category of the Park Neighborhoods, the number of lots less than 50 feet wide cannot exceed the number oflots 50 feet wide and greater. (6) Add a provision that at least one of the floor plans used in any particular block in the 4000 square foot land use category of the Park Neighborhoods with lots less than 50 feet wide shall have a deep recessed garage floor plan. (7) Add a provision that 50% of the acreage in the Village Core and I 00% of the units in the Garden Court Neighborhoods shall be single-family detached product. (8) Add provisions that the maximum density in the Transit Neighborhood shall not exceed 25 dwelling units per acre, lowering the density from 25 Final Adopted Version 2/04/2003 I 04 1952514 I to 21 units per acre for the "Great Park" neighborhood, and reducing the density for attached area of the Village Core from 18 to 15 units per acre. (9) Add a provision that all dwelling units shall have two or more bedrooms, or more than 1200 square feet to allow for lofts. (I 0) Edit the Specific Plan Promenade Zoning exhibit on Page 40 to allow for Building Types I, 2, and 3 on the block south of the Promenade, in the Transit Neighborhood, between the two architectural focal points, to allow for additional retail/commercial development if market conditions permit. (11) Modify the neighborhood boundaries diagram in Chapter 2 of the Specific Plan to show more precise boundaries so that all residential lots are included within a particular neighborhood. (12) Reformat the Specific Plan to only change the organization of the Plan and not the content, to be more consistent with the City's future development code. (13) Add language to the Specific Plan to encourage construction of one-story units and/or master bedroom downstairs floor plans, as market conditions permit. (14) Edit the Specific Plan to prohibit rolled curbs. (15) On Page 82, second column, delete the last sentence of the third paragraph. This sentence states, "Furthermore, the potential water demand in the City's system could decline from 1,095 acre-feet per year from existing water meter connections to 570 acre-feet." (16) On Page 82, third column, last paragraph, delete the last three sentences or add the following language as a last sentence to the existing paragraph "The storage capacities referenced in the preceding three sentences are subject to change following review of the project demands by Azusa Light & Water." (17) Edit Page 82, fourth column, last paragraph to read: Add the following language as a last sentence to the existing paragraph: 'The storage capacities referenced in this paragraph are subject to change following review of the project demands by Azusa Light & Water." (18) Edit Page 92, fourth column, last paragraph. "Therefore, for domestic use and emergency purposes, the project site has access to maximum 22 MG of stored water at reservoir HWL and 6 active wells with a production capacity of2I.O MG per day." (19) Edit Page 93, first column, first table to read: Reservoir Site Capacity Beatty Reservoir 1.2 mg Nursery Expansion Reservoir 3.3 mg Nursery Reservoir 3.0 mg Mountain Cove Reservoir 1.0 mg Heck Reservoir 4.0 mg Sierra Madre Reservoir 1.5 mg Dalton Reservoir 2.0 mg Hilltop Reservoir 0.6 mg South Reservoir 2.5 mg Final Adopted Version 2/04/2003 ! l 2 04 1952514 North Reservoir 3.0 mg Total 22.1mg The reservoir capacities listed above are at maximum HWL. The capacities of Beatty Reservoir and Nursery Expansion Reservoir are proposed, subject to final approval by AWL. (20) A section shall be added to the Specific Plan providing detail regarding the maintenance responsibilities of the various private and public facilities contemplated in the Plan, including, but not limited to, hillside open space, graded/landscaped slopes, parks, trails, medians, community open space, the Arroyo, streets, storm drain facilities, sewers street lights, etc. (21) All references to extension of Cerritos Avenue shall be deleted. (22) The maximum number of dwelling units is 1,250. THE FOLLOWING CONDITIONS ARE THE RESPONSIBILITY OF THE LANDOWNER AND/OR MASTER DEVELOPER: 2. LANDOWNER AND/OR MASTER DEVELOPER Those conditions of approval that require performance by the "landowner" and/or "master developer" shall be performed by the landowner, Momovia Nursery Company ( or its successor) as the owner of the entire property, and/or any developer designated by such landowner to act as the master developer of the entire property. 3. MAPS FOR FINANCING AND/OR CONVEYANCE PURPOSES Those conditions of approval that refer to "map(s) for financing and/or conveyance purposes only" shall be deemed to refer to the recordation of subdivision map(s) to create parcelization of the property solely for financing purposes or for conveyance to third party developers and/or builders and shall expressly not allow development or construction. 4. DEVELOPMENT AND INFRASTRUCTURE PHASING PLAN Prior to recordation of a subdivision map (including a map(s) for conveyance purposes only, but excluding a map(s) for financing purposes only), the landowner and/or the master developer shall submit a Development and Infrastructure Phasing Plan to the Community Development Director and City Engineer for review and approval. The Development and Infrastructure Phasing Plan shall specify the conceptual parcelization of the property proposed for conveyance to third party developers and/or builders and shall present a comprehensive list of the conditions of approval that pertain to the development of each such parcel, including the allocation of responsibilities relative to the installation and financing of on-site and off-site infrastructure requirements. Prior to the conveyance of any such parcel, the landowner shall provide evidence to the Community Development Director that the purchaser has acknowledged in writing the receipt and acceptance of the Development and Infrastructure Phasing Plan and those responsibilities applicable to the parcel(s) to be conveyed. Final Adopted Version 2/04/2003 3 04 1952514 5. PROJECT IMPACT SENSITIVITY EVALUATION Prior to recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only), the Landowner and/or Master Developer shall conduct a Project Impact Sensitivity Evaluation to determine the level of development and number of dwelling units that trigger the timing for implementation of the circulation improvements identified in the project EIR (Transportation and Traffic, TT! through TTI 6). Based on the Sensitivity Evaluation, an agreement with the City of Azusa shall be executed on the timing of such improvements and/or payment of fees in lieu of improvements. Said evaluation and agreement shall be in a manner meeting approval of the City Engineer. 6. STEIN LANE TRAFFIC IMPROVEMENTS The Project Impact Sensitivity Evaluation shall also evaluate whether a traffic signal at Stein Lane is warranted or whether equivalent mitigation is more appropriate, such as opening Eighth St. If a traffic signal is installed at Stein Lane and Foothill Boulevard, the traffic signals on Foothill Boulevard between the intersections of San Gabriel Avenue and Alosta Avenue shall be synchronized. 7. BUS CIRCULATION PLAN Prior to recordation of the first subdivision map ( except for a map(s) for financing and/or conveyance purposes only), landowner and/or master developer shall obtain approval from the City Engineer of a bus circulation plan. Said plan shall include amenities such as benches, kiosks and shade covers. 8. MAINTENANCE RESPONSIBILITY PLAN Prior to recordation of the first subdivision map (except for a map(s) for financing and/or conveyance purposes only), the landowner and/or master developer shall prepare a Maintenance Responsibility Plan identifying the maintenance responsibilities of the various private and public facilities, including but not limited to hillside open space, landscaped slopes, parks, trails, medians, community open space, detention basins, arroyo, streets, and utilities. Said plan shall be reviewed and approved by the Community Development Director and the City Engineer. Responsibility for maintenance shall include one, or a combination of the following: the City of Azusa, Community Facilities District(s), Landscaping and Lighting District(s), Special Assessment District(s), Homeowners Association(s), and/or any other appropriate mechanisms. 9. FISCAL IMPACT MITIGATION Prior to recordation of a subdivision map ( except maps for financing and conveyance purposes only), the landowner and/or master developer shall enter into an agreement (Development Agreement or other separate agreement) with the City committing to fund the maintenance of the ongoing usefulness of the parks, open space, and/or streets through a Community Facilities District (CFD), Homeowners Association, Maintenance District, Landscaping and Lighting Final Adopted Version 2/04/2003 4 04 1952514 Maintenance District (LLMD) or by other means in order to achieve a perpetual neutral fiscal impact identified in the City's Fiscal Impact Analysis. The Fiscal Impact Analysis dated November 2002 will be updated with project parameters as approved (ie total number of units, attached vs. detached, etc.) Sufficient reserves shall be provided within these measures to provide for maintaining the usefulness of the facilities through repair, replacement, and reconstruction. 10. PUBLIC PARK DEDICATION (PART A) Prior to recordation of a subdivision map ( except maps for financing and conveyance purposes), landowner and/or master developer shall submit a preliminary concept plan of the proposed puhlic recreation facilities to the City of Azusa Recreation and Parks Division, Parks Commission and Architectural Barriers Commission for review and approval. The Park Development Plan shall provide details of the specific design and development of all parks in the project, including where appropriate, landscaping, access, parking, restrooms, electrical outlets, lighting, shade structures, sports facilities, play equipment, other amenities, etc. In particular, Sierra Madre Trail shall include rest area benches where appropriate. I l. PUBLIC AREA LANDSCAPING (PART A) All public area landscaping including the arroyo, manufactured slopes, parkways, and medians shall be landscaped, equipped for irrigation, and improved in accordance with an approved plan as stated below: Preliminary Plan -Prior to the recordation of a subdivision map ( except for a map(s) for financing and/or conveyance purposes only), the landowner and/or master developer shall prepare a preliminary landscape plan showing major plant materials, sizes, locations, landscaping themes, hardscape, lighting, and a preliminary cost and quantity estimate for constructing such improvements. The landscape plan shall address the goal of maintaining Palm Drive as a palm-lined street, consistent with the original configuration, over the long-term. The preliminary plan and cost estimates shall be reviewed and approved by the Community Development Director and Public Works Director. 12. WATERAGREEMENTS Prior to recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only), the landowner and/or master developer shall enter into an agreement with Azusa Light and Water regarding the dedication of water rights, connection fees, annexation fees, equitable share of furnishing and installation of improvements and disposition of existing improvements and easements. 13. TREEPRESERVATIONPLAN Prior to the recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only) or the issuance of grading permits, whichever occurs first, the landowner and/or master developer shall submit a landscape and Final Adopted Version 2/04/2003 5 04 1952514 tree preservation plan to the Planning Division for review and approval. Said plans shall address Mitigation Measures BR5 and BR6 of project EIR. Prior to the recordation of a subdivision map or issuance of any grading permits, the Planning Division shall approve the tree preservation plan. 14. MASTER PLAN OF DRAINAGE Prior to the recordation of a subdivision map ( except maps for financing and conveyance purposes only), or issuance of any grading permit, the landowner and/or master developer shall prepare a Runoff Management Plan in a manner meeting the approval of the City Engineer in consultation with City of Glendora and Los Angeles County Flood Control District. Said plan shall include identifying areas to receive nuisance flow from developed areas consistent with mitigation measure BR3 of the project EIR. 15. MASTER SEWER PLAN A. Prior to issuance of a grading permit, landowner/master developer shall prepare a Master Sewer Plan identifying the estimated sewer generation from the project, preliminary sewer line sizes, connection points to existing sewer lines, and any offsite improvements. Said plan shall be reviewed and approved by the City Engineer. B. Prior to recordation of a subdivision map ( except a map for financing and conveyance purposes), landowner/master developer shall enter into an agreement with L.A. County Sanitation District and City of Azusa on the timing of offsite sewer improvements, required permits, responsibility for cost of such improvements and payment of connection fees. 16. WATERMASTERPLAN Prior to issuance of a grading permit, the landowner and/or master developer subdivider shall prepare a water master plan for the project site identifying the estimated water demands within each pressure zone, storage requirements, booster stations, regulators, offsite improvements, relocations of existing facilities, and preliminary sizing of the proposed improvements. Said plan shall be reviewed and approved by Azusa Light and Water. 17. PALMTREEPRESERVATION Prior to issuance of a grading permit, the landowner and/or master developer shall prepare a Palm Tree Preservation and Maintenance Plan identifying those palm trees along Palm Drive to be protected, those to be removed and those to be relocated in a manner meeting approval of the Planning Division. A qualified arborist shall determine the remaining life expectancy of the palm trees. Those trees with a reasonable likelihood of having a useful life of 5 years or more shall be replanted in appropriate locations consistent with the configuration of the original Palm Drive. Those with less than five years of life will be replaced at a ratio of at least I: 1, in the appropriate location. Approval of said plan satisfies mitigation measure A V2 of the project EIR. Final Adopted Version 2/04/2003 6 04 1952514 18. COVINA CANAL (Conceptual Plan) Prior to issuance of a grading permit, the landowner and/or master developer shall prepare a conceptual plan for realignment and replacement of Covina Canal to an underground conduit. Subdivider shall submit and obtain approval of the plan from the City Engineer in consultation with the San Gabriel Water Committee (SGWC). Said plan shall address measures to either maintain and/or temporarily interrupt service in a manner acceptable to SGWC. This condition satisfies Mitigation Measure WR2 of the project EIR. THE FOLLOWING CONDITIONS ARE THE RESPONSIBILITY OF THE LANDOWNER, MASTER DEVELOPER, SUBDIVIDER, OR BUILDER: CONDITIONS TIED TO RECORDATION OF A SUBDIVISION MAP (EXCEPT FOR A MAP(S) FOR FINANCING AND/OR CONVEYANCE PURPOSES ONLY): 19. RESOURCE PRESERVATION EASEMENT A. Prior to the recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only) that either includes or is adjacent to those lots identified for preservation, the subdivider shall make an irrevocable offer to dedicate an easement or fee title over Lots 739 and 742 through 748 for resource preservation purposes to the City of Azusa or its designee, generally consistent with Vesting Tentative Tract Map 54057 and subject to the reservation of certain rights for the subdivider necessary to implement the Vesting Tentative Tract Map, in a form suitable for recordation. The subdivider shall not grant any easement(s) over the property subject to the resource preservation easement in addition to the easement(s) shown on Vesting Tentative Tract Map 54057 unless such easement(s) are first reviewed and approved by the City of Azusa Recreation and Parks Division. B. The subdivider shall note limitations and restrictions for said easement by a reference on the final map to a previously recorded document or by the recordation of a separate document concurrent with the recordation of subject map in a manner meeting the approval of the City of Azusa Recreation and Parks Division. 20. ACCESS TO SIERRA MADRE A VENUE PARCELS Prior to recordation of a subdivision map ( except maps for financing and conveyance purposes only) that requires re-alignment of Sierra Madre Avenue, subdivider shall obtain approval from the City Engineer of a plan to provide public street access to the existing parcels along Sierra Madre Avenue. 21. PUBLIC PARK DEDICATION (PART B) B. Prior to the recordation of each subdivision map that includes a public park lot on Lot(s) 633 -662 (except for a map(s) for financing and/or Final Adopted Version 2/04/2003 7. 04 1952514 conveyance purposes only), the subdivider shall make an irrevocable offer of dedication in fee to the City of Azusa or its designee over Lot(s) 633- 662 for local park purposes, suitable for recording. Said offer shall be consistent with the approved Runoff Management Plan and shall be free and clear of monetary and all other encumbrances, liens, leases, fees, easements (recorded and unrecorded), assessments and unpaid taxes, except those meeting the approval of the City of Azusa Recreation and Parks Division. 22. OPEN SPACE DEDICATIONS Concurrent with the recordation of each applicable subdivision map, the subdivider shall reserve open space Lots 663 -727 and Lots 735 -738 for granting in fee to a homeowner's association subject to the reservation of any rights necessary for subdivider to implement the Specific Plan and Vesting Tentative Tract Map. The Maintenance Plan included in the Monrovia Nursery Specific Plan shall determine the party responsible for the maintenance and upkeep of each lot in a manner meeting the approval of the Community Development Director. 23. SIERRA MADRE A VE. ill-i'DERCROSSING Prior to recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only) that includes the realignment of Sierra Madre Boulevard, subdivider shall, in a manner meeting approval of the City Engineer. a. Design the pedestrian undercrossing with adequate width, vertical clearance and grades. b. Design necessary drainage facilities for proper disposal of storm runoff. c. Design adequate lighting and other design elements to ensure maximum security. 24. ASSESSMENT DISTRICT FINANCING PLAN Prior to the recordation of a subdivision map (except for a map(s) for financing and/or conveyance purposes only), the subdivider shall prepare any required improvement plans and shall identify on the plans the limits of all the facilities that the subdivider intends to fund through a Mello-Roos Community Facilities District (CFD) or Assessment District (AD) bond program. In addition, the improvement plans shall identify the specific CFD or AD under which the improvements will be funded, in a manner meeting the approval of the City Engineer and City Attorney. 25. DRAINAGE STUDY Prior to the recordation of a subdivision map ( except maps for financing and conveyance purposes only) or prior to the issuance of any grading permits, whichever comes first, the following drainage studies shall be submitted to and approved by the City Engineer in consultation with City of Glendora and Los Angeles County Flood Control District. Final Adopted Version 2/04/2003 8 04 1952514 I) A drainage study of the subdivision including diversions, off-site areas that drain onto and/or tlrrough the subdivision, and justification of any diversions; and 2) When applicable, a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and 3) Detailed drainage studies indicating how the tract map grading, in conjunction with the drainage conveyance systems including applicable swales channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the 50-year project storm event. 26. DRAINAGE IMPROVEMENTS (PART A) A. Prior to the recordation of a subdivision map ( except maps for financing and conveyance purposes only) the applicant shall in a manner meeting the approval of the City Engineer: I) Design provisions for surface drainage; and 2) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and 3) Dedicate the associated easements and/or facilities to the County of Los Angeles, if determined necessary. 27. PUBLIC IMPROVEMENTS Prior to recordation of a subdivision map ( except maps for financing and conveyance purposes only) the City Engineer shall approve the final design of the roundabouts proposed on Sierra Madre Avenue. 28. FIRE HYDRANTS (PART D), D. Prior to recordation of a subdivision map (except maps for financing or conveyance purposes), subdivider shall pay fire development impact fees or dedicate land for a new fire station in lieu of fees in a manner meeting the approval of the City Engineer. This condition satisfies Mitigation Measure PS I of the project EIR. 29. FIRE ACCESS ROADS (PART A) A. Residential: Prior to recordation of a subdivision map other than for finance purposes, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the City. 30, WATERRlGHTS Prior to recordation of a subdivision map (except a map(s) for financing and/or conveyance purposes only) Monrovia Nursery shall enter into good faith negotiations with ALW regarding the dedication to AL W of the water rights Final Adopted Version 2/04/2003 9 04 1952514 necessary to provide the water to supply the water demand generated by the development project. 31. DALTON SCHOOL STUDENT DROP-OFF Prior to recordation of any subdivision map for land located adjacent to Dalton Elementary School (except for map(s) for financing and/or conveyance purposes only), the subdivider_shall work with the School District in creating a student drop-off area onsite at Dalton School. 32. TENTH STREET EXTENSION In order to address residents' concern for Dalton School pedestrian safety and limit new traffic through the existing neighborhood Tenth Street, the landowner and/or master developer shall submit to the City Engineer proposed design options for a Tenth Street extension. These shall be formulated in concert with the project traffic consultant, addressing such measures as accommodating a student drop-off area on Dalton School property, in conjunction with the School District, as well as options for limiting through traffic, such as allowing only eastbound traffic. Final design of a 10th Street extension shall be approved by the City Engineer. 33. SCHOOL AND GREAT PARK AGREEMENTS Prior to the approval of a final map ( except a map for conveyance and/or financing purposes), the landowner and/or master developer shall execute: A. A Memorandum of Understanding with the Azusa Unified School District, agreeing to certain schooVpark construction matters, including (!)the dedication to the District of a 12.5 acre site, comprised of a 9-acre school site and 3.5 acres for a joint use park with the City, (2)specifying the timing for the design, construction and delivery to the District of the K-8 School, and (3)referencing a Joint Use Agreement to be executed between the District and the City, determining the nature, use and operation, parking, park improvements and maintenance responsibilities for the joint use park; and B. An agreement with the City providing for (1) the dedication to the City of a 2-acre park site contiguous to the District's joint use park property to be jointly used as the "Great Park"; and (2) that, in the event that the District requires the use of the District's 3.5-acre joint use park property for expansion of the K-8 School (after utilizing all of the 9-acre school site and based on enrollment generated by the Specific Plan area), Monrovia Nursery Company will dedicate to the City the 3.2-acre Vosburg House parcel as replacement park land, and shall prepare and submit to the City Recreation and Parks Division a proposed Park Development Concept Plan to integrate the Vosburg House property into the existing City park land. Final Adopted Version 2/04/2003 10 04 1952514 34. MEMORANDUM OF UNDERSTANDING WITH CITY OF GLENDORA Prior to recordation ofa subdivision map (except for a map(s) for financing and/or conveyance purposes only), the landowner and/or master developer shall enter into a Memorandum of Understanding with the City of Glendora governing the design and installation of the following detention basins: (1) a temporary basin not exceeding a capacity of 15 acre feet installed concurrent with the first phase of grading in a location northeast of the existing terminus of North Calera, reducing the existing peak flow rate in a 50 year storm event to 25 % of the existing peak flow. This detention basin may be removed and/or replaced subject to further review and approval of an alternative solution. (2) A basin in Area D with a maximum peak flow release in a SO-year storm event not exceeding 40 cfs. Both detention basins shall be designed so as not to increase the existing peak runoff or to cause new impacts associated with any existing high groundwater conditions." 35. STREET NAMING PLAN Prior to approval of a final map ( except maps for financing or conveyance purposes), the subdivider shall submit a street naming plan that is developed in concert with a committee formed by the City to designate street names. 36. BARRANCA AVE/BENNETT AVE AND BARRANCA AVE/LEADORA AVE Prior to the issuance of a subdivision map (except for a map(s) for financing and/or conveyance purposes only), the landowner and/or master developer shall analyze, consistent with the documentation and methodology presented in the Monrovia Nursery Specific Plan Draft EIR, the existing and projected future (2010) performance of the following two intersections: Barranca Avenue/Bennett Avenue and Barranca Avenue/Leadora Avenue. For purposes of this analysis only, the Monrovia Nursery Specific Plan project would be deemed to cause a potential impact ifin the future (2010) condition (as projected) the project would generate a greater than two percent increase in the Intersection Capacity Utilization (ICU) of either intersection for Level of Service (LOS) D or worse. If under this criteria and analysis, the Monrovia Nursery Specific Plan project is deemed to cause a potential impact, the landowner and/or master developer shall pay its fair-share contribution to the City of Glendora toward the cost of signalizing the particular affected intersection. CONDITIONS REQUIRED PRIOR TO PRECISE PLAN OF DESIGN APPROVAL: 37. PARKING DEMAND STUDY Prior to approval of a Precise Plan of Design for lots 616 through 624, the subdivider shall prepare a Parking Demand Study demonstrating that the use of tandem parking will not have a negative impact on on-street parking availability on land uses adjacent to the Transit Neighborhood. Said plan shall be reviewed and approved by the Community Development Director. Final Adopted Version 2/04/2003 l l 04 1952514 38. LIGHT RAIL TRANSIT STATION PARKING Prior to approval of a Precise Plan of Design for lot 623, subdivider shall prepare a parking study defining the amount of parking needed for the future Light Rail Transit Station. The amount of land needed over lot 623 for said parking, which shall not exceed 1. 0 acre, shall be held in reserve, which allows for interim or non-permanent use of the property consistent with the Specific Plan, for seven years following approval of the Vesting Tentative Tract Map 54057. After seven years, if either the Pasadena Blue Line Construction Authority has not approved the location of a Light Rail Transit Station on lot 623 or the Pasadena Blue Line Construction Authority has not secured sufficient funding to extend the Gold Line to Lot 623; the land held in reserve shall revert back to the zoning defined with the approved Specific Plan and this condition shall be deemed released. 39. PRlV ATE COMMON AREA A. LANDSCAPING(PART A) In conjunction with each precise plan of design, for a particular area of the project site containing private common area landscaping, the subdivider shall prepare a detailed landscape plan for privately maintained common areas. The plan shall be prepared by a licensed landscape architect or a licensed landscape contractor, in substantial conformance with the approved preliminary landscape plan (if any), City Standard Plans, and Monrovia Nursery Specific Plan requirements. B. PRlV ATE RECREATION FACILITIES (PART B) If a private recreation facility in the Village Core (such as a health club) is developed, membership shall be open to Azusa residents contingent on meeting membership requirements established by the facility. 40. ON-STREET PARKING MANAGEMENT PLAN In conjunction with each Precise Plan of Design, the applicant shall submit an on- street parking management plan for consideration and implementation as part of the approval of said Precise Plan of Design. This will include consideration of the institution of an overnight parking permit program for the Park Neighborhoods and southern portion of the Promenade. CONDITIONS REQUIRED PRIOR TO GRADING PERMIT ISSUANCE: 41. PRECISE PLAN OF DESIGN Prior to approval of a precise grading permit for any portion of the Nursery property, a Precise Plan of Design for that area shall be reviewed and approved by Staff. Said plan may be subject to additional conditions of approval only as they relate to conformance with the Momovia Nursery Specific Plan. 42. GRADE SEPARATIONS AT CITRUS AND PALM Final Adopted Version 2104/2003 12 04 1952514 Prior to issuance of a grading permit or recordation of the first subdivision map (except for a map(s) for financing and/or conveyance purposes only), subdivider shall submit and obtain approval from the Community Development Director for a "Substantial Conformance Vesting Tentative Tract Map" depicting grade separations at Citrus Avenue and Palm Drive. The City's preferred configuration of grade-separation is the railroad tracks raised five to seven feet and lowering of Palm Drive and Citrus Avenue beneath the tracks. Approval of said map satisfies mitigation measure NS (a) (b) (c) of the project EIR. Grade separated crossings shall be designed with alternative design standards, subject to approval by the City Engineer, to minimize impacts of the crossings on surrounding properties and resources. 43. ANNEXATION Prior to issuance of grading permits for those areas in Azusa's Sphere of Influence, the subdivider shall demonstrate approval by LAFCO of the annexation of all Los Angeles County territory within the Specific Plan boundaries into the City of Azusa. 44. SUBSTANTIAL CONFORMANCE MAP Prior to issuance of a grading permit, subdivider shall submit and obtain approval of a "Substantial Conformance Vesting Tentative Tract Map" from the Community Development Director that reflects: a. Continuation/reconstruction of the Garcia trail at the Beatty water tanks. b. Cross section for lots 587, 588 and 589. c. Adjustment to Lots 372, 373 and 374 to have minimum 4,000 sq.ft. lot size. d. Any necessary revisions to the land plan pertaining to the size and configuration of the school site and joint use park. e. Orientation of street cross sections. f. Revision to the General Information legend on the TM as follows: existing zoning Rl-10, RA; proposed zoning SP-6 g. A link from the Arroyo hiking trail to the Garcia Trail. h. Street section adjacent to school (A) showing one sidewalk and parkway adjacent to the school. 1. Street V with sidewalks and parkways both sides. J. Street sections D, E, J, L-T, V, W, AC-AP, AR, and AS with a right-of-way of 54 ft., with 32 ft. curb to curb, 5 ft. sidewalks, and 6 ft. parkways. k. Minimum 5 ft. wide sidewalks provided the City adopts more narrow street sections than the Los Angeles County Fire Department standards. I. Street frontage for the proposed park lot 649 provided that Azusa Light and Water agrees to trade the property it owns for the nursery reservoir site to the landowner and/or master developer without any fee consideration. Final Adopted Version 2/04/2003 13 04 1952514 m. Redesign of Palm Drive north of the railroad tracks to provide two, 14-foot wide travel lanes separated by an 8-foot wide median. n. Demonstrate that no lot within the 4,000 square foot land use category shall have a width less than 45 feet measured at the front building setback line. Said map shall also demonstrate that in auy particular 4000 block, which is a grouping of adjacent lots in the same 4000 square foot laud use category of the Park Neighborhoods, the number of lots less thau 50 feet wide cannot exceed the number oflots 50 feet wide aud greater. o. Depict grade separated railroad crossings at Palm Drive aud Citrus Avenue. p. Realign the Promenade Street east of Palm Drive further north to accommodate grade separated railroad crossings at Palm Drive aud Citrus Avenue. q. Realign Street I or revise the grading plau to avoid impacts to the existing pool associated with the Vosburg House. r. Depict access location to the expauded Fire Station parcel (Lot 753) in such a manner that access is not provided directly from the roundabout. s. Construct physical connection from Pioneer Park to Sierra Madre Trail. 45. WATER Th1PROVEMENTS ·-VISUAL IMP ACTS ASSESSMENT Prior to issuauce of a grading permit, the laudowner and/or master developer shall obtain approval from the Planning Division of a Visual Impacts Plau for installation of reservoirs, booster stations, regulators aud other visible water facilities. Said plau shall include the information needed to satisfy mitigation measure AV] of the project EIR. 46. MUNNS ACCESS A. Prior to the issuance of a grading permit, subdivider shall demonstrate to the City Engineer aud easement holder that access shall be maintained to the Munns property during construction activities. B. Prior to issuauce of a grading permit, subdivider shall demonstrate to the City Engineer that the proposed grading preserves or replaces the existing alignment of the Munns access easement. 47. MONROVIA NURSERY OFFICES AND DHAMMAKA YA ACCESS Prior to issuauce of a grading permit, subdivider shall demonstrate to the City Engineer aud to the easement holders that access will be maintained to the Dhammakaya International Meditation Center and the Monrovia Nursery Compauy offices during construction. 48. MONROVIA NURSERY OFFICES AND DHAMMAKA YA UTILITIES Final Adopted Version 2/04/2003 14 04 1952514 Prior to the issuance of a grading permit, subdivider shall demonstrate to the City Engineer and to the landowners that existing utility service will be maintained or alternate utility service will be provided to the Monrovia Nursery Offices and the Dhammakaya International Meditation Center during construction. 49. CONSTRUCTION ACCESS Prior to issuance of a grading permit, landowner and/or master developer shall prepare a construction access plan identifying the routes acceptable for construction access and the time of day construction access may occur, in a manner acceptable the City Engineer. This condition satisfies Mitigation Measure N-1. 50. SIGHT DISTANCE Prior to the issuance of any grading permits, the applicant shall demonstrate that adequate sight distance will occur at all street intersections per City requirements, in a manner meeting the approval of the City Engineer. This includes any necessary revisions to the plan such as removing slopes or other encroachments from the limited use area. 51. HAZARDOUS MATERIALS ASSESSMENT Prior to issuance of a grading permit, subdivider shall prepare a Hazardous Materials Assessment for those issues identified in mitigation measures HM l through HM4 inclusive, in the project EIR. Said assessment shall also include an evaluation of any existing septic tanks and soil conditions located near the future school site, and an assessment of Building 13 in Division 7. Said assessment shall address any necessary remediation measures. If required, remediation measures shall be implemented in accordance with applicable laws and procedures, in a manner meeting approval of the Building Official. 52. CULTURAL HERITAGE Before the site is disturbed, the Applicant is required, with guidance of the Architectural historian referenced in Condition #55, to videotape and take still photographs of the project site in its entirety in order to document the existing conditions for future reference. 53. ARCHAEOLOGY GRADING OBSERVATION AND SALVAGE Prior to the issuance of any grading permit, the subdivider shall provide written evidence to the Community Development Director that a City-certified archaeologist and Native American monitor has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, in conformance with BIR mitigation measures for cultural resources, CRl through CR! 4, shall be present during initial site disturbance and grading as necessary, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological observer shall determine Final Adopted Version 2/04/2003 15 04 1952514 appropriate actions, in cooperation with the project developer, for exploration and/or salvage. The archaeologist shall notify the City Manager within 24 hours, who will in tum notify the Community Development Director and the Cultural and Historic Preservation Commission, and shall submit a follow-up report, which shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. Excavated finds shall be offered to the City of Azusa, or designee, on a first refusal basis. 54. PALEONTOLOGY RESOURCE SURVEILLANCE Prior to the issuance of any grading permit, the subdivider shall provide written evidence to the Cultural and Historic Preservation Commission and Community Development Director that a City-certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grading conference, shall establish procedures for paleontological resource surveillance, shall be present during initial site disturbance and grading as necessary, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, the paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the City of Azusa, or its designee, on a first-refusal basis. The paleontologist shall submit a follow-up report to the Cultural and Historic Preservation Commission and Community Development Director, which shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. Excavated finds shall be offered to the City of Azusa, or designee, on a first refusal basis. 55. ARCHITECTURAL HISTORIAN The architectural historian required as part of the mitigation in Cultural Resources Section 4.3 of the EIR will research the date the palms were planted along Palm Drive and the date the Vosburg House was constructed. In addition, the architectural historian will evaluate eligibility of the main estate homes, the MacNeil summer residence, the Vosburg ranch home, Palm Drive and possible other features that were part of the original ranch properties as a historic district for further consideration by the Historical Commission. 56. GATEPRESERVATION Prior to issuance of a grading permit, subdivider shall prepare a study to evaluate the practicality of preserving the existing entry gate on Palm Drive in place. If preservation conflicts with traffic safety, subdivider shall evaluate alternatives for relocation of said gate in a manner meeting approval of the Community Development Director and Historical Commission. Approval of said study satisfies Mitigation Measures CR2 of the project EIR. 57. LANDFILL Final Adopted Version 2/04/2003 I I 16 04 1952514 Prior to the issuance of grading permits for the area where the closed landfill is currently located, the subdivider shall demonstrate that necessary permits have been obtained from the appropriate regulatory agencies and complied with to the extent that land disturbance in the area of the former landfill would be authorized. This condition satisfies Mitigation Measure HM6 of the project EIR. 58. FAIRMOUNTCEMETERY A. Prior to issuance of a grading permit, subdivider shall demonstrate the proposed grading will not encroach onto the cemetery property, unless the Fairmount Cemetery grants approval for buttress fill grading on cemetery property. Grading plan shall include measures to stabilize the grades along the westerly boundary of the cemetery in a manner meeting the approval of the Building Official. B. The subdivider and/or the Monrovia Nursery Company shall continue to provide access to the southeast entry to the cemetery. C. The Applicant shall execute an agreement with the Cemetery for the foregoing. 59. SUBDRAINS Prior to issuance of a grading permit, subdivider shall perform additional geotechnical investigations to conclusively determine the presence and necessary improvements to remove perched groundwater in the vicinity of Lots 334 through 346. Said investigations shall be reviewed by the City of Glendora prior to acceptance by the City Engineer. This condition satisfies Mitigation Measure WR! of the project EIR. 60. GEOLOGY REPORT Prior to the issuance of a grading permit, the subdivider shall submit a geotechnical report to the City Engineer for approval. Said report shall address Mitigation Measures GS 1 through GS2 l inclusive, of project EIR. 61. REMEDIALGRADING Following the acceptance of a geotechnical report as referenced in Condition #60 for all or a portion of the project site, subdivider may submit a remedial grading plan for approval by the City Engineer prior to implementation of those conditions timed to issuance of grading permits provided no conflicts with other conditions occur. 62. GRADING DEVIATION Prior to the issuance of any grading permits, if the applicant submits a grading plan and the City Engineer determines that it shows a significant deviation from the grading on the approved tentative tract map, specifically with regard to slope heights, slope ratios, and pad elevations and configuration, the plan shall be reviewed by the City Engineer for a finding of substantial conformance. 63. OFFSITE AND CROSS-LOT GRADING/DRAINAGE Final Adopted Version 2/04/2003 17 04 1952514 Prior to the issuance of any grading permit, if determined necessary by the City Engineer, a letter of consent, in a form approved by the City Engineer, suitable for recording, shall be obtained from the affected property owners for offsite grading and/or drainage. The landowner/master developer shall record said letters of consent for offsite drainage and/or cross-lot drainage prior to the issuance of any grading permit. Acceptance of cross-lot drainage on lots within the tract/parcel map boundaries shall be noted on the recorded map. 64. JURISDICTIONAL IMPACTS Prior to impacts to jurisdicational waters of the U.S. and State, subdivider shall submit evidence of approvals from Army Corps of Engineers and California Department of Fish and Game for impacts to jurisdictional areas as described in Mitigation Measures BR!, BR2, BR4 and BR7 of the project EIR, in a manner meeting approval of the Community Development Director. 65. VECTOR CONTROL MEASURES Prior to the issuance of any grading permits, the subdivider shall provide evidence to the City Engineer that appropriate vector control measures have been incorporated into the grading specifications. 66. AIR QUALITY/ DUST REDUCTION Subdivider shall comply with the South Coast Air Quality Management District (AQMD) Rule 403 during grading activities including the following: I) Electricity shall be supplied from temporary power poles rather than from temporary diesel or gasoline powered generators. 2) Non-toxic soil stabilizers shall be applied according to manufacturer's specification to all inactive construction areas (i.e., previously graded areas inactive for ten (10) working days or more). 3) In disturbed areas, ground cover should be replaced as quickly as possible. 4) Enclose, cover, water twice daily (or more if needed), or apply non-toxic soil binders according to manufacturer's specification to exposed piles (i.e., gravel, sand and dirt) with silt content of 5 percent or greater. 5) Water active sites twice daily ( or more if needed). 6) Suspend all excavating and grading operations when wind speeds exceed 25 mph and water active sites to minimize dust. 7) All trucks hauling dirt, sand, soil, or other loose materials should be covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114. Final Adopted Version 2/0412003 18 04 19525:1.4 8) Sweep streets at the end of the day ( or more if needed) if visible soil material is carried onto adjacent public paved roads (recommended water sweepers with reclaimed water). 9) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the project site. IO) Apply water three times daily, non-toxic soil stabilizers according to manufacturer's specification to all unpaved roads, and parking or staging areas. I 1) Pave or gravel construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles. 12) Pave all construction access roads at least 100 feet onto the site from the main road. 13) Post on a large sign the name and telephone number of a contact person to address construction matters. 67. RESIDENTIAL NOISE (PART A) A. Prior to the issuance of grading permits, the subdivider shall submit an acoustical analysis report to the Building Division for approval. The report shall describe in detail the exterior noise environment. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy condition #83 below. 68. CONSTRUCTION NOISE A. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the City Engineer that: I) All properties within 500 feet of the construction site shall be sent a notice regarding the construction schedule of the proposed project. 2) All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a sensitive receptor shall be equipped with properly operating and maintained mufflers. 3) The site grading has achieved a theoretical balance of cuts and fills and import or export of material has been minimized. 4) Stockpiling and/or vehicle staging areas shall occur at least 300 feet or as far as practicable from dwellings and sensitive receptors. 5) Noise generated by construction equipment shall not exceed 85 dBA at a distance of 100 feet from the operating equipment. Construction activity shall not occur between the hours of 6:00 p.m. of one day and 7:00 a.m. of the next day, Monday through Saturday. On Saturdays, no grading Final Adopted Version 2/04/2003 19 04 1952514 I equipment shall operate within 500 feet of sensitive receptors. 6) If grading equipment will operate more than three consecutive work days within 100 feet of sensitive receptor structures, such as residential structures, Dalton Elementary School, Azusa Pacific University, and/or the Dhammakaya International Meditation Center, temporary noise walls at least 12 feet high shall be constructed between the construction activity and the sensitive receptors, unless waived by all contiguous sensitive receptor occupants. B. Notations on the front sheet of grading plans will be considered as adequate evidence of compliance for issuance of a grading permit(s). A list of sensitive receptors will be included on the front sheet of the grading plans. Approval satisfies Mitigation Measures NI through N7 of project EIR. 69. POLLUTANTRUNOFF Prior to issuance of precise grading or building permits, whichever comes first, the applicant shall submit and obtain approval from City Engineer, of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site for that area of precise grading and/or building, to control predictable pollutant runoff. This WQMP shall identify structural and non-structural measures, assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. The WQMP will analyze those items requested in the November 13, 2002 California Regional Water Quality Control Board letter in the context of the established performance. 70. NPDES GENERAL STORMW ATER PERMIT Prior to issuance of any grading permits, the applicant shall submit evidence to the City Engineer that the applicant has obtained coverage under the NPDES statewide General Stormwater Permit from the State Water Resources Control Board. Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) consistent with the City's municipal storm water permit. The SWPPP shall include construction and post-construction best management practices. This condition satisfies mitigation measure WR3 of the project EIR. 71. ELECTRICAL SERVICES (PARTS A&B) A) Prior to issuance of any grading permit, the subdivider shall submit and obtain approval of a master plan for electrical services from City of Azusa -Azusa Light and Water. The plan shall indicate points of connection, upgrade of existing facilities (if necessary) and show typical location of proposed facilities within the subdivision. B) Prior to issuance of any grading permit that impacts existing electrical services, the subdivider shall submit evidence and obtain approval from Azusa Light and Water that appropriate alternative facilities are available Final Adopted Version 2/04/2003 . 20 04 1952514 and/or will be installed. Costs ofrelocating existing electrical services shall be at the sole expense of the applicant. 72. FIRE HYDRANTS (PART A) A. Prior to the issuance of any grading permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. 73. FIRE ACCESS ROADS (PART B) B. Residential and Commercial: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire Chief in consultation with the City Engineer. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement without prior approval of the Fire Chief. 74. FUELMODIFICATION(PART A) A. Prior to the issuance of a grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Planning Director, of a conceptual fuel modification plan and program. This condition satisfies mitigation measure PS2 of the project EIR. 75. FUEL MODIFICATION (PART B) B. Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the City Engineer, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation. 76. AIR FILTER PROGRAM Prior to issuance of a grading permit, the Applicant will work with Staff to establish a program for air condition filter replacement for existing sensitive receptors with.in proximity to the project site. CONDITIONS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE: 77. PUBLIC AREA LANDSCAPING (PART B) All public area landscaping including the arroyo, manufactured slopes, parkways, and medians shall be landscaped, equipped for irrigation, and· improved in accordance with an approved plan as stated below: Final Adopted Version 2/04/2003 21 04 1952514 I I B. Detailed Plan -Prior to the issuance of any building permits(s) within a particular recorded subdivision map that includes manufactured open space, the subdivider shall submit a detailed landscape plan covering the area of that subdivision map for approval by the Community Development Director and Public Works Director. Detailed plans shall show the detailed irrigation and landscaping design. The subdivider shall also enter into an agreement and post financial security guaranteeing the cost of the landscape improvements and the maintenance thereof based on the cost and quantity estimate for constructing such improvements. 78. SIERRA MADRE A VE. RESIDENTS Prior to issuance of a building permit for Lot 751 of the Vesting Tentative Tract Map, subdivider shall submit a Precise Plan of Design demonstrating that the proposed height and location of the building has minimal visual impacts to the existing residents along Sierra Madre, in a manner acceptable to the Planning Division. Approval of said plan satisfies Mitigation Measure A V3 of the project EIR. 79. ASSESSMENT DISTRICT FINANCING PLAN (PARTS A & B) A. Special Assessment District Formation The City shall sponsor and diligently process the timely formation of any applicable Special Assessment Districts, including Community Facilities District(s), Landscaping and Lighting District(s), and Special Assessment District(s). B. Special Assessment Districts Prior to issuance of building permits, the applicable Special Assessment Districts (Community Facilities District(s), Lighting and Landscape District(s), or the like) for those units shall be formed and adopted in a manner meeting approval of the City Attorney 80. TEMPORARY POWER Prior to issuance of a building permit, subdivider shall demonstrate temporary electrical power will be taken from power poles in lieu of diesel power generators in a manner meeting approval of the building official. This condition satisfies mitigation measure AQl of the project EIR. 81. FIREPLACES Prior to issuance of a building permit, the applicant shall demonstrate that gas burning devices, such as fireplaces, are used instead of wood burning devices, in a manner meeting approval of the Building Official. This condition satisfies mitigation measure AQ2 of the project EIR. 82. CONSTRUCTION SECURITY PLAN Prior to issuance of building permits, subdivder will prepare a Construction Security Plan in consultation with Azusa Police Department to provide 24-hour Final Adopted Version 2/0412003 22 04 1952514 security of the construction site, in a manner meeting approval of the Planning Department. This condition satisfies Mitigation Measure PS3 of project EIR. 83. RESIDENTIAL NOISE (PART B) B. Prior to the issuance of any building permits for residential construction, the applicant shall submit an acoustical analysis report describing the acoustical design features of the structures required to satisfy the interior noise standards to the Building Division for approval along with satisfactory evidence that indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. 84. ELECTRICAL FACILITIES All electric services shall be installed underground. Design or methods of construction shall be in accordance with specifications and requirements of Azusa Light and Water. Subdivider shall furnish and install all electric facilities required by Azusa Light and Water necessary to receive electric utility service. New electric facilities may include but are not limited to concrete encased underground conduits, vaults/manholes, transformer pads, roadway lighting, 2- inch conduit for telecommunication purposes, and other electric related structures required to complete all service installations. 85. ELECTRIC FACILTIES INSTALLATION Any new transformer pads or outdoor electric panel/equipment shall be installed in a safe location, readily accessible by utility field personnel. Prior to construction, subdivider shall coordinate and resolve with City of Azusa-Planning Division and Azusa Light & Water, any issues relating to visual impacts arising from installation of outdoor above-ground electric utility equipment. 86. UTILITY-RELATED FEES In addition to furnishing and installing underground electric substructures, the subdivider shall pay to Azusa Light and Water, prior to issuance of building permits, any remaining utility-related fees subject to the parameters established in California Government Code Section 66498.1 et. seq. adjusted to reflect annual increases in the Construction Cost Index. These fees or charges may include but not be limited to electric equipment deposits, labor, material and overhead expenses to furnish and install underground high voltage cables, pre-payments on new electric services, pole fixtures and hardware, etc. 87. ROADWAY LIGHTING FACILITIES Public roadway lighting facilities within the project site shall be furnished and installed by subdivider. Roadway lighting plans shall be prepared and submitted to Azusa Light and Water for approval. Roadway illumination design shall be in conformance with applicable roadway lighting standards of Los Angeles County. The method of electric service and lighting facilities shall be in accordance with requirements or specifications of Azusa Light and Water. Final Adopted Version 2/04/2003 23 04 1952514 88. PRNATE LIGHTING FACILITIES The subdivider shall work with City of Azusa to install street lighting system that balances attractiveness of decorative lighting with safe roadway illumination within project site. Private roadway lighting within the project site shall be served from a metered electric service. Ownership, operation and maintenance of private lighting facilities shall be at the sole cost and expense of subdivider or funded through an appropriate assessment or maintenance district(s). Private roadway electrical lighting plans will require approval from City of Azusa -Building Inspector and Azusa Light & Water. Lighting plans shall be incorporated and be made part of roadway improvement plans. 89. ELECTRIC DISTRIBUTION CIRCUITS Monrovia Nursery project developer is required to furnish and install a minimum of two (l 2kV) medium voltage underground electric distribution circuits starting from the nearest point of connection at existing Azusa Substation. These two circuits will be used to serve electric services at the project site. 90. FIRE HYDRANTS (PARTB) B. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of the building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 91. STREET MARKINGS (PART A) A. Prior to the issuance of a building pennit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. 92. FUEL MODIFICATION (PART C) C. Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on-site inspection. 93. COMBUSTIBLE CONSTRUCTION LETTER Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire Chief on company letterhead stating that water for fire fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Final Adopted Version 2/04/2003 24 04 1952514 94. INTERSECTION OF FOOTHILL BL VD AND CITRUS A VE Prior to the issuance of permits for the construction of the rail crossing at Citrus Avenue, the subdivider shall design the intersection of Citrus Avenue and Foothill Boulevard East in accordance with published design and performance standards to the satisfaction of both the City of Azusa and City of Glendora City Engineers. CONDITIONS REQUIRED PRIOR TO INSTALLATION OF PUBLIC PARK IMPROVEMENTS: 95. PUBLIC PARK DEDICATION (PART C) C. Prior to the installation of public park improvements, the subdivider shall grade Lot(s) 633-662 to provide the minimum number of acres of creditable local park land necessary to satisfy the Quimby Act and shall secure the park site( s) against erosion and shall stub out sewer, water, gas, electricity, telephone, storm drain, etc., connections to the property lines. CONDITIONS REQUIRED PRIOR TO APPROVAL OF CERTIFICATES OF USE AND OCCUPANCY: 96. PUBLIC AREA LANDSCAPING (PART C) All public area landscaping including the arroyo, manufactured slopes, parkways, and medians shall be landscaped, equipped for irrigation, and improved in accordance with an approved plan as stated below: C. Installation Certification -Prior to the issuance of final certificates of use and occupancy and the release of the financial security guaranteeing the cost and installation of the landscape improvements within each recorded subdivision map, the subdivider shall install said improvements and have the installation certified by a licensed landscape architect or licensed landscape contractor, as having been installed in accordance with the approved detailed plans. The subdivider shall furnish said certification, including an irrigation management report for each landscape irrigation system, and any other required implementation report determined applicable, to the "Public Works Director," prior to the issuance of any certificates of use and occupancy. 97. PRN ATE COMMON AREA LANDSCAPING (PART B) B. Prior to issuance of certificates of use and occupancy for dwelling units within each recorded subdivision, the subdivider shall install said landscaping and irrigation system and shall have a licensed landscape architect or licensed landscape contractor, certify that it was installed in accordance with the approved plan. The subdivider shall furnish said Final Adopted Version 2/04/2003 25 04 1952514 certification, to "Public Works Director" prior to the issuance of any certificates of use and occupancy. 98. ASSESSMENT DISTRICT FINANCING PLAN (PART C) C. Special Tax Notification Prior to the issuance of any certificates of use and occupancy, the subdivider shall provide evidence to the Community Development Director that the Department of Real Estate has been notified that the project area is within the boundaries of a Community Facilities District (CFD), and will be subject to special taxes for public facilities and/or services. 99. RESIDENTIAL NOISE All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed a composite interior standard of 45 d.BA CNEL in all habitable rooms, consistent with Title 24. 100. DRAINAGE IMPROVEMENTS (PART B) B. Prior to the issuance of any certificates of use and occupancy said improvements in Condition #26 shall be constructed in a manner meeting the approval of the City Engineer. 101. AZUSA LIGHT AND WATER REQUJREMENTS Prior to issuance of final release for occupancy of any residential or commercial units, the project developer/owner shall comply with all established requirements of ALW subject to the parameters established in California Government Code Section 66498.1 et. seq. adjusted to reflect annual increases in the Construction Cost Index. 102. FIRE HYDRANTS (PART C) C. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or drive per the Fire Department Standard as approved by the Fire Chief. 103. STREET MARKINGS (PART B) B. Prior to issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan in a manner meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain a fire lane map and provisions that prohibit parking in the fire lanes. 104. FUEL MODIFICATION (PART D) D. Prior to issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Final Adopted Version 2/04/2003 26 04 1952514 Fire Chief. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. 105. DETENTION BASIN SAFETY FENCING Prior to final design of each detention basin, the Community Development Director will determine whether safety fencing is required around each particular detention basin in accordance with the Uniform Building Code. The fencing shall be attractive, decorative, non-chain link, and non-lethal (no pointed tops). GENERAL CONDITIONS OF APPROVAL: 106. PUBLIC PARK DEDICATION (PART D) D. The park sites shall be maintained consistent with the Maintenance Plan included in the Monrovia Nursery Specific Plan. 107. FINAL EIR The applicant shall comply with all mitigation measures and recommendations contained in the Final Environmental Impact Report and supporting technical appendices. 108. LEGALACTION A. If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the subdivider or any assigns and successors in order to enforce any of the conditions set forth herein, the City shall recover from the subdivider or assigns or successors reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City obtains a judgment in its favor in any portion of such action or proceeding. B. The subdivider or any assigns and successors shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The subdivider or assigns and successors shall reimburse the City for reasonable attorney's fees and other reasonable costs incurred by the City in defending such action or proceeding. The City shall promptly notify the subdivider of any such claim and shall cooperate fully with the subdivider in the defense of any such action. Final Adopted Version 2/04/2003 27 04 1952514 109. AGREEMENT TO TERMS By accepting approval of these conditions set forth herein, the subdivider or assigns and successors shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 110. MILLSTONE The millstone shall be preserved on-site per the Historic Commission's request and a plaque designating the significance of the millstone shall be attached or placed adjacent to the millstone. 111. PUBLIC RIGHT OF WAY A. No work within the public right of way shall be commenced without first obtaining a public works permit. B. Azusa Right of Way permits and fees are required for work in the Public Right of Way. 112. UTILITY EASEMENTS "Utility" easements should be general in language, unless the utility companies make specific requests. 113. STREET I:MPROVEMENT PLANS Once the actual street improvement plans are developed, the City of Azusa Public Works Department will require plans where all traffic signs and marking are identified. 114. AZUSA LIGHT ANDWATERFEESANDCHARGES In addition to furnishing and installing necessary water system improvements, the project developer/owner shall pay to ALW all related fees and charges, including development and annexation fees, in the manner prescribed by law adjusted to reflect annual increases in the Construction Cost Index. Developer shall be entitled to reimbursement credits to the extent permitted by law. 115. CODE A.."ID ORDINANCE COMPLIANCE The development of this project must comply with all applicable code and ordinance requirements for construction access, water mains, fire flows and hydrants. 116. 1'4INOR EDITS The Community Development Director and City Attorney are hereby authorized to make minor, non-substantive edits to wording of the conditions of approval. Final Adopted Version 2/04/2003 04 1952514 28 117. EFFECTIVENESS OF TENTATIVE MAP The tentative map shall not become effective until the effective date of each of the following: 1. General Plan Amendment No. GPA 2002-03; 2. Zone Change No. Z-2002-03; 3. The Monrovia Nursery Specific Plan as amended; 4. The pre-zoning of the 433-acre portion of the project site within the County of Los Angeles; and 5. Annexation the Monrovian Nursery property within the City's sphere of influence. Final Adopted Version 2/04/2003 29 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 1 of 19 ORDINANCE NO. 03-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION OF PROPERTY LOCATED AT 18331 E. FOOTHILL BLVD. FROM SINGLE-FAMILY RESIDENTIAL 10,000 SF LOT MINIMUM (R-1-10) AND RESIDENTIAL AGRlCULTURE (RA)TO SPECIFIC PLAN(SP-6), CASE NO. Z-2002-03. (APN: Within the City-8608-003-001, 8608-003-002, 8608-003-005, 8608-003-006, 8625- 004-007, 8625-004-012, 8625-029-006, 8684-022-012; Within the City's sphere oflnfluence- 8608-003-003, 8625-001-001, 8625-002-002, 8625-004-129, 8625-004-130, 8625-005-014, 8625-005-018, 8625-005-019, 8625-008-001, 8625-008-005, 8625-009-011, 8625-009-012, 8625-010-008, 8625-029-005, 8684-024-033, 8684-024-039, 8684-024-041, 8684-024-042, 8684-024-043) WHEREAS, the Planning Commission held a duly noticed public hearing on December 11 and 18, 2002, and a public meeting on January 8, 2003, and after receiving testimony, the Planning Commission closed the public hearing and deliberated regarding the Final Environmental hnpact Report and the Proposed Project Approvals, and duly considered all info1mation presented to it ["Proposed Project Approvals" consisting of (I) General Plan Amendment No. GPA 2002-03; (2) Zone Change No. Z-2002-03; (3) Vesting Tentative Tract Map 554057; and ( 4) Prezone and Annexation of 433-acre portion of project site currently within unincorporated Los Angeles County]; and WHEREAS, the SP designation accommodates the Momovia Nursery Specific Plan; and WHEREAS. the Planning Commission voted unanimously to adopt Resolution No. 2003- 03 recommending that the City Council approve this Zone Change from R 1-1 0 AND RA to SP-6 for the property known as Monrovia Nursery; and WHEREAS, the City Council of the City of Azusa held a duly noticed public hearing on January 21, 2000, concerning this Zone Change aud other Proposed Project Approvals and fully and carefully considered all oral and written testimony offered therein prior to acting on this Ordinance. NOW "FHEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That in accordance with Section 88-585 of the Azusa Municipal Code, it is found that the Zone Change and Project Approvals would not urueasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to. The Planning Commission hereby recommends approval and adoption of said Zone Change based on the following findings: A That the proposed amendment is consistent with the Guiding Principles of the General Plan Update and goals and policies of the existing General Plan. Guiding Principle #1 -Natural & Community Environment Vision: Protect the foothills, preserve natural habitat and terrain and integrate nature into future development and use. Enhance the existing fabric of Azusa neighborhoods with new development integrated into the rest of the community by open access and compatible neighborhood design: • Natural and historic flow of water enhances the area • • Historic resources are preserved with the development Public and private views are protected and development is compatible with surrounding neighborhoods and uses, including the Dhammakaya Retreat Center 04 1952514 Ordinance No, 03-01 February 18, 2003 Page 2 of 19 The Specific Plan celebrates the natural and community environment. • The foothills are preserved and the existing biological resources are protected. The development plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving 170 acres of natural open space. • The land plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. 11 The land plan maximizes the number of connections to the City. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting to the City and the arroyo trail. • The romantic bent grid design of the Park Neighborhood minimizes land.form alteration by incorporating the existing topography into the land plan. Furthermore, the bent grid causes roof and front elevation movement minimizing the view of one continuous row of homes. • Historic resources, such as the Covina Canal and the Vosburg House, are being preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly carry storm runoff. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhanunakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility; and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre A venue will be provided with a new private driveway. Guiding Principle# 2 -Quality Neighborhoods & Homes Vision: Maintain Azusa's family-oriented community identity by offering a diversity of home ovmership opportunities, reflecting traditional neighborhood patterns: • Dominant housing type is single-family detached homes attractive to middle and upper income home buyers • Architectural styles and features draw on historic patterns and scale • High quality construction., home design, and neighborhood amenities promote well-being and maintain value. The Specific Plan has been designed as an extension of Azusa's family-oriented traditional neighborhoods. • • The Specific Plan has three neighborhoods based on plauning principles that have held value over time. The world-renowned landscape architect and planner, Frederick Law Ohnstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid net\vork formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills. and the Vista Bonita neighborhood in Azusa. The Park Neighborhood constitutes 17 .3 percent of the Nursery property 04 1952514 Ordinance No. 03~01 February 18, 2003 Page 3 of 19 while the Village Core and Promenade District constitute 2.2 percent and 7.7 percent respectively. Both the Village Core and the Garden Court Neighborhood in the Promenade District allow for detached rear-loaded housing. • In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the '"Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. Guiding Principle# 3 -Mobility & Mix of Uses Vision: Create a walkable business campus adjacent to a future Gold Line light rail stop, blended and connected with adjacent residential neighborhoods and the emerging University District to the south: • Campus-style office space suitable for high-tech, corporate or institutional users • A shared neighborhood core with small-scale retail/service businesses for transit riders, business park employees and surrounding residents • Compatible townhornes and apartments The Promenade District creates a mixed-use neighborhood that promotes transit, commerce, and high-quality residential development. • The Specific Plan incorporates space near Citrus Avenue for a future light rail transit station. • • A transit plaza is planned adjacent to the light rail station as a formal park and inviting gathering place surrounded by transit-oriented retail. Mixed use, live/work, and three-story residential are the land uses planned around the transit center to create the community of persons who will embody the vision of a transit-oriented district. The transit plaza anchors the Promenade, which is a great walking street that connects the plaza to the residences of the Promenade District. The residences in the Promenade District are planned as for-sale housing . The only rental would occur in the area surrounding the transit square as a mixed-use development, with apartments above retail or office uses. 04 1952514 Ordinance No, 03-01 February 18, 2003 Page 4 of 19 Guiding Principle# 4 -Green Spaces & Public Uses Vision: Build on the green and open character of the natural setting and history by incorporating passive green space and active recreational facilities. Incorporate abundant public and neighborhood-serving facilities such as schools, child-care, and gathering places: • A system of neighborhood parks to serve local residents and larger parks as a resource for the entire community • Comprehensive trail system for walking, hiking, and biking • Distinctive landscaping/greenery/greenbelts/trees • Hillside open space Azusa's heritage is tied to the San Gabriel Canyon and Mountains. The Specific Plan fosters that heritage through a series of parks, open space, and trail connections that will incorporate landscape commemorative of the Nursery and great botanic gardens of the world. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail system will pass underneath Sierra Madre Avenue. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from all the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public park will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the land plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre A venue will include a new linear park and trail providing a trail connection between the City of Azusa and Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2.1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan does not extend beyond existing nursery operations and allows for 170-acres of natural open space to be preserved in perpetuity in the foothills. GENERAL PLAN LAND USE ELEMENT Primary Community~TVide Land Use Goals 1. Provide an orderly, functional, and compatible land use pattern to guide the future growth and development of Azusa and its planning area. 2. Ensure that the type, amount, design and pattern of all land uses 04 1952514 Ordinance No. 03-0I February 18, 2003 Page 5 of 19 throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community. 3. Provide for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will ensure residents of a desirable urban environment in which to live, work, shop and play. 4. Allow development in the San Gabriel Mountain' foothills only when proper consideration has been shown for all environmental and safety factors. The Specific Plan includes great neighborhoods designed to complement and enhance the surrounding three new neighborhoods. • Time-honored planning principles of the world-renowned landscape architect and planner, Frederick Law Olmstead, are the foundation for the neighborhoods. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District Neighborhood is patterned after the great walking streets of the.world. Examples of communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood in Azusa. • The Specific Plan. maximizes the number of.connections to the adjoining neighborhoods. Roadway connections are provided at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. Furthennore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting the City to the arroyo trail and the City of Glendora. Parks were used to fonn and create the Specific Plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular gardens. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the Specific Plan. Every street has park\vay-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access through the entire community. Furthermore, the Promenade District is designed as a walking district. • The foothills are preserved and the existing biological resources ai:e protected. The Specific Plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving more than 170 acres of natural open space. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood, housing prices are expected to begin in the low $300,000s and extend well above $500,000. 04 1952514 Ordinance No. 03·01 February 18, 2003 Page 6 of 19 RESIDENTIAL LAND USE GOALS 1. Encourage the maintenance and conservation of existing single-family homes and the preservation of existing low-density neighborhoods throughout the community. 2. Provide for a well-balanced variety of housing arrangements, opportunities and densities, each appropriately located with references to topography, traffic and circulation, community facilities, and aesthetic consideration. 3. Ensure the deve]opment of school, park, and other necessary public facilities well related to residential neighborhoods. 4. Encourage only additional residential development that is necessary to replace older deteriorated housing stock and to provide for the natural increase in population, but not to encourage higher densities that will stimulate population growth. 5. Encourage the assemblage of small lots into larger parcels to maximize land use efficiency in areas permitting higher densities. Supporting Objectives To encourage programs or citizens' efforts that are directed toward neighborhood or community beautification and improvement. To encourage a full range of public improvements and services to an residential neighborhoods. To encourage a continuing program of community preservation and rehabilitation. To provide for a distribution of population through the use of a variety of densities and housing types throughout the City in order to avoid undesirable and inefficient concentrations of the population in any one location of the community. To encourage the development of residences for all economic segments of the City and to also encourage the ownership of these units in order to increase neighborhood stability. To ensure that all residential development proposals include an adequate and detailed analysis of the impact on the entire community and of the community's ability to sustain it, in terms of provision of such factors as adequate access, off-street parking, reasonable demands on utilities and public facilities, and others that might affect residential or community quality. To ensure that all new development is compatible with the Circulation Element and existing street system and that the system will adequately handle the expected traffic increase. The Specific Plan provides a variety of new housing types, sizes, and prices fonned around public open space and parks. • The Specific Plan identifies a variety of housing products throughout the community that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The higher density housing types surround the transit station to create a bustling, walkable transit neighborhood. The transit neighborhood is located in the southeast portion of the sit~ adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtovm Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit neighborhood is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. 11 The Specific Plan includes housing products for the middle to upper 04 1952514 Ordinance No. 03~01 February 18, 2003 Page 7 of 19 income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. The two-story design of the proposed residences enhances the value of one-story designs in the City, instead of directly competing against the City's existing housing stock. • A Great Park of 14.5 acres, the largest in the City, consisting of a 9.0-acre public school and 5.5-acre joint use park, anchor the park system. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides a drainage arroyo in the general location oftbe historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. • The archltecture and street scene in all neighborhoods de-emphasizes the garage. Each neighborhood has parkway-separated sidewalks with street trees. The living portion of the homes are pulled fonvard toward the street with o.utdoor living space such as porches, stoops, and balconies. Garages are pushed back away from the street and de-emphasized so that each home has a recognizable front instead of a series of garage doors. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • A Homeowner's Association (HOA) will govern the new development by enforcing specific codes and covenants designed to promote community consistency, maintenance and value. The HOA will also include community programs to encourage neighbor participation. • The Specific Plan contributes substantial monies toward community infrastructure improvements, such as improvements to the street system, water system, and sewer system. • The Specific Plan EIR assessed potential impacts of the proposed development on the surrounding community. Topics such as traffic, air quality, noise, hydrology, geology, biology, and hazards were analyzed in detail. Where the proposed development caused adverse impacts, mitigation measures were incorporated into the plan. COMMERCIAL LAND USE GOALS 1. Promote the development of commercial facilities which are convenient to residents and which provide the widest possible selection of goods and services, in keeping with sound economic principles of retail locations. 2. Ensure an economically strong and balanced commercial sector of the community that is easily accessible, attractive, and meets the commercial needs of the market area 3. Encourage the revitalization of the central dovrotown business district. 04 1952514 Ordinance No. 03M01 February 18, 2003 Page 8 ofl9 Supporting Objectives To encourage the clustering of businesses, landscaping, development of small commercial centers with shared parking, and other development techniques that will improve the visual appearance and efficiency of existing "'strip" commercial development along arterial streets. To achieve strong investment and consumer support for the commercial sector of the community. To preserve the integrity of commercial areas by prohibiting the mixture of incompatible noncommercial uses witmn these areas. To ensure adequate parking, attractive landscape and architectural design, and good access to the commercial area from its service area. To undertake a study of the central dovro.tovm business district followed by effective revitalization efforts. The Specific Plan proposes minimal commercial opportunities to serve the new development without competing with established commercial centers in the City. • A modest amount (30,000 to 50,000 square feet) of transit oriented commercial uses are permitted in the transit village. • Live/work is a building typology permitted in most of the Promenade District, allowing the O'Wller of the residence to also have an office on the first floor, but the design functions equalJy as well as pure residential. COMMUNITY FACILITY LAND USE GOALS 1. Provide for a land use configuration in Azusa that provides adequate, easily accessible and appropriate community facilities and utilities while minimizing taxes and operations to within reasonable levels. Supporting Objectives To provide for a community-wide balance of community facilities that will not create excessive demands on facilities and utilities, especially in areas of development concentration. To encourage the use of alternative energy sources, such as solar energy, and energy-related environmental criteria in the design, construction and lot orientation of new or proposed buildings. To explore the feasibility and potential for the multiple-use of existing public or quasi-public rights-of-way for recreational purposes. To provide for adequate park and recreation facilities to meet the demands of present and future Azusa citizens. The Specific Plan was designed to minimize impacts on the City's community and utility facilities. • Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. Development of the Monrovia Nursery property will require substantially • • less electricity use than the existing Monrovia Nursery operations. The Specific Plan provides the largest contiguous open space in the City by connecting the Great Park with the arroyo nature park to the wilderness park in the mountains. Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre A venue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 9 of 19 Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan includes a 2.1-acre private recreation facility open to the new residents of the Monrovia Nursery development. The private recreation facility will include a pool and other recreation amenities. • The new development will include a Community Facilities District and Homeowner's Association to provide financial opportunities for construction and maintenance of the proposed community facilities. • The City has prepared a fiscal impact analysis to determine the Jong-term financial implications of the proposed development for the City. C!RCULATIONffRANSPORTATION LAND USE GOALS 1. Provide for a land use configuration that is compatible with the transportation and circulation systems that currently exist and with those that are planned by the City, County and State. 2. Provide for land uses that encourage efficient use of the circulation systems that exist, while avoiding land use concentration or locations that might result in unnecessary and undesirable congestion. Supporting Objectives To provide for adequate access into residential areas by local or collector streets, avoiding congestion and hazardous conditions that are often caused by direct access onto arterial streets from local streets or residences. To provide for alternative modes of transportation such as bicycles, pedestrian facilities, etc., as well as access to major regional transportation systems. To adequately buffer the more sensitive land uses from the adverse effects of freeways, major arterials, railroad and other circulation components. To encourage the development of clustered commercial uses, especially along arterial streets, that make more efficient use of parking and land utilization while maximizing safe pedestrian circulation. The land uses and circulation patterns in the Specific Plan promote efficient pedestrian, vehicular, and transit circulation. • The higher density housing types surround the transit station to create a bustling, walkable transit village. The transit village is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and do\VIltO'Wll Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit village is linked to the rest of the Promenade District by a formal linear • • park that serves as a gathering spot and pedestrian way. Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within . line of sight and within a five-minute walk from the residential neighborhoods. All possible street connections have been incmporated into the land plan . Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue, The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 10of19 east and west ends of Sierra Madre Avenue to indicate that a change in roadway character is about to occur. Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan in.eludes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. CIRCULATION ELEMENT GOALS 1. Provide for a transportation system which supports planned land use and improve the quality of life. 2. Promote the safe and effective movement of all segments of the population and the efficient transport of goods. 3. Make efficient use of existing transportation facilities. 4. Protect environmental quality and promote the v.rise and equitable use of economic and natural resources. Supporting Objectives To encourage State, regional, and local governments and agencies to achieve a coordinated and balanced regional transportation system, consistent with the City's social, economic and environmental needs and goals. To develop transportation planning, services, and facilities that are coordinated with and support the land use plan. To develop a balanced system of circulation which incorporates motor vehicles, pedestrians, bicycles and other private and public transportation modes with greater safety and increased energy efficiency. To encourage the continuance ofa public transportation system that will (!) provide a viable alternative to the automobile, (2) satisfy the transportation needs of commuters, the economically disadvantaged, the aged, the young, and the handicapped, and (3) promote service at a reasonable and equitable cost to both the users and the general community. The Specific Plan promotes alternative forms of transportation and a circulation system that avoids impacts to the surrounding community. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. 04 1952514 Ordinance No. 03~01 February l 8, 2003 Page 11 ofl9 • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre A venue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets a1Jowing traffic to disperse into a variety of directions. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. • The Specific Plan EIR provides a complete assessment, including mitigation measures, of potential traffic impacts on the surrounding streets. SCENIC HIGHWAYS ELEMENT GOALS 1. Provide a scenic road system serving a variety of transportation modes. 2. Provide enhanced recreational and commercial opportunities served by a system of scenic roadways. 3. Preserve and enhance the aesthetic resources within scenic corridors. Supporting Objectives To establish a city wide scenic roadway system. To encourage utilization of appropriate existing goals. To protect and enhance aesthetic resources within corridors of designated scenic roadways. To establish and maintain urban scenic highways to provide access to interesting and aesthetic manmade features, historical and cultural sites, and urban open space areas. To provide a comprehensive Scenic Roadway Program which safely accommodates various forms of transportation compatible with scenic highway criteria and standards. To develop and apply standards to regulate the quality of development within corridors of designated scenic roadways. To improve the aesthetic qualities of scenic roadway corridors through the rehabilitation, renovation, and redevelopment of deteriorating areas along these routes. To remove visual pollution from designated scenic hlghway corridors. To encourage the development and use of aesthetic design standards for road construction or reconstruction for all designated scenic roadways. To increase governmental commitment to the designation of scenic highways and protection of scenic corridors. To encourage the fair distribution of social and economic costs and benefits associated with scenic highways. To promote the use and awareness of scenic highway amenities for all segments of the population. The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • The north side of Sierra Madre Avenue will be primarily landscaped slope. In the Village Core, homes will front onto Sierra Madre Avenue. The south side of Sierra Madre Avenue will have a linear park and multi- purpose trail. Landscaping will dominate the linear park while also respecting the view opportunities from the roadway and trail. 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 12 of19 • The proposed recreation facility and Village Core housing will front onto the south side of Sierra Madre Avenue creating a point of arrival at an activity center. A bridge on Sierra Madre Avenue will cross the arroyo and arroyo trail. • The narrow cross-section of Sierra Madre Avenue is designed to slow traffic but maintain roadway capacity to accommodate commuter traffic. HOUSING ELEMENT GOALS 1. Conserve and improve the condition of the existing affordable housing stock. 2. Assist in the development of adequate housing to meet the needs oflow- and moderate-income households. 3. Identify adequate housing sites which will be made available through appropriate zoning and development standards and \Vlth public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income groups. 4. Address and, where appropriate aud legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. 5. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. Quantative Objectives To conserve affordable housing available through the existing rental housing supply and mobile home dwellings (N-389). To achieve tbe rehabilitation of 100 housing units during the time frame of rnid-1984 through mid-1989. To meet the rental housing assistance in existing housing units of 150 lower income households during the next five years. To meet the owner housing assistance needs of first time buyers of moderate income in 100 newly constructed housing units. To achieve the production of 80 new rental housing units within the financial means oflow-and moderate-income households. The Specific Plan creates new housing opportunities for a variety of people at different homeownership stages in their life. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages ofhomeovroership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In tbe Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • The proposed housing products are for-sale residences. The only opportunity for rental housing is in the transit neighborhood where mixed- use development could have apartments over retail or office uses. SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS 1. Prevention of serious injury and loss oflife. 2. Prevention of serious structural damage to critical facilities and structures where large numbers of people are apt to congregate at one time. 3. 4. Insure the continuity of vital services and functions. Education of the Community. 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 13 of 19 Supporting Objectives To reduce loss of life, injuries, and damage to property caused by seismic events and seismic-related conditions. To reduce loss oflife, injuries, and damage to property, and loss of natural resources caused by wildland and urban fires. To protect life and property in the event of a natural disaster. To prevent injury or loss oflife and damage to property due [to] flood hazards. The Specific Plan used extensive geotechnica1 investigations to determine the appropriate locations for development that minimize risks to life and property. • A setback zone for the Sierra Madre Fault was identified and no houses are located within the setback zone. • Sierra Madre Avenue was aligned along an unnamed fault to provide appropriate setbacks for housing. • A setback zone for a second unnamed fault on the west side of the property north of Tenth Street prohibits the construction of habitable structures. • Geologists and geotechnical engineers conducted a liquefaction hazard analysis and determined that dirt in the lower portion of the property must be removed approximately 20 to 25 feet deep and recompacted to minimize potential liquefaction hazards. • The Specific Plan EIR contains an extensive geologic and geotechnical investigation, with appropriate mitigation measures to minimize risks to life and property. CONSERVATION ELEMENT GOALS AND OBJECTIVES 1. To protect, conserve, and manage the natural and scenic resources of the Azusa Planning Area. 2. To ensure an adequate supply of high quality water for local and regional needs by preventing the accelerated water loss due to high runoff and loss of groundwater recharge areas, and pollution, while protecting life and property with appropriate flood protection measures. 3. Conserve soils as a water-regulating medium as well as for the production of natural or other hillside vegetation. 4. To promote the retention of native or other vegetation wherever feasible for maximum water yield, air, and water quality, and flood hazard reduction. 5. To preserve adequate expanses of all major habitat types so as to maintain ecosystems in a natural balance for recreation, scientific, economic, educational and scenic purposes. 6. To secure a safe, healthful, and wholesome environment through careful planning for the preservation and utilization of natural resources and natural resource lands. The Specific Plan promotes conservation of natural resources. • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity. The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail will pass underneath Sierra Madre Avenue. 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 14 of19 • The arroyo provides a series of water quality basins planted with riparian habitat designed to foster groundwater recharge and biofiltration to remove urban pollutants from the storm runoff. • Development of the Monrovia Nursei:ypropertywill require substantially less water use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will reduce the amount of Particulate Matter l O microns (PM10) currently released from the Nursery site. The South Coast Air Basin is currently designated as a non-attainment area for PM10 because of noncompliance with fue State and Federal Clean Air Acts. Therefore, development of the Monrovia Nursery property will improve air quallty. The Specific Plan EIR contains an extensive air quality analysis. • The Specific Plan includes a series of detention basins to minimize impacts from flooding. The BIR includes an extensive hydrology analysis that documents how the proposed development reduces the risk of flooding to surrounding properties. OPEN SPACE ELEMENT GOALS 1. To secure a safe, healthful, and wholesome environment through careful planning and preservation of open space resources. 2. To maintain the continued existence of valuable amenities which provide beauty, identity, and form to the community and to neighborhoods within the community. 3. To preserve or conserve valuable natural and cultural resources that have scientific, educational, economic and cultural value. 4. To contribute to the attainment oftbe State Legislature's open space planning goals and objectives and fulfill the responsibility that Azusa has to the geographic region it is located. Supporting Objectives To protect examples of wildlife habitat by acquisition of as much open space land as economically possible and by prohibiting its development with incompatible uses. To preserve the hillside topography and natural vegetation through land use regulations, which encourage the retention of the natural topography and control the degree of ground coverage by structures both on the hillside and in the arroyos and canyon bottom. • To promote the study, adoption and review of regulations designed to assure appropriate and safe development in hazardous development areas. These regulations should include control of elimination of mass grading, limitation on the intensity and density ofland use1 and prohibitions against any development projects except those which are designed for mountainous or irregular topography. The Specific Plan designates over 60 percent offue Nursery property for open space, park, cultural, and recreation amenities. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity in the foothills. The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre 04 1952514 Ordinance No. 03-01 February 18, 2003 Page 15 of19 A venue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscapes. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2. I-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides 18 acres of park and recreation facilities, more than the 16.5 acres of parkland required by State planning law. NOISE ELEMENT GOAL I. The principal goal of the City is to prohibit urmecessary and annoying noise from all sources in the community through the identification, control, and abatement of noise pollutants. Supporting Objectives • To continue present programs which prohibit unnecessary, excessive and annoying noise from sources which are subject to the police power of the City. To use existing and future regulatory controls such as noise ordinances, zoning restrictions, conditional use permits, environmental impact reports and precise plans for the identification, control, and abatement of noise. To coordinate with Federal, State, County and other governmental agencies in dealing with noise abatement. To provide information to the public regarding the potential impact of various noise sources and methods for abatement. The Specific Plan is designed consistent with the City's noise standards. • The Specific Plan EIR includes an extensive analysis of construction and operational noise impacts, including mitigation measures. COMMUNITY DESIGN ELEMENT GOALS 1. Provide guidelines for design treatments of public and private buildings which are aesthetic yet economically practical. 2. Promote community identity through the upgrading of existing landscaping, redesign of existing buildings and design treatments for new buildings, which are in keeping with community character. 3. Enhance the economic stability of the community's commercial and industrial businesses and encourage the attraction of new enterprises. Supporting Objectives To foster community identity and pride through design treatment. To protect and enhance economic value of properties and encourage commercial business growth. 04 1952514 Ordinance No. 03~0 l February 18, 2003 Page 16 of19 ii I f To ensure the proposed development wilJ be properly related to its site and to surrounding sites and structures; to prevent the erection of structures. which are inhannonious with their surroundings. To ensure that sites, projects and structures are developed with due regard for the aesthetic qualities of the natural terrain and landscape, and that trees and shrubs are not indiscriminately destroyed. To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood. To ensure that open spaces. parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses. To develop design criteria for all commercial and industrial development, as well as residential projects of nine or more dwelling units. The Specific Plan includes community design criteria and architectural standards that celebrate Azusa's heritage and promote lasting value. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renown landscape architect and planner, Frederick Law Ohnstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid net\Vork formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples oflocal commullities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood of Azusa • In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all the neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. This architectural design encourages neighborhood interactio~ a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." 11 The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan includes a landscape vision that celebrates the heritage of the Nursery. Incorporating botanical garden themes and historic references to Nursery plantings, the landscaping will be distinct and spectacular. HISTORIC PRESERVATION ELEMENT HEALTH AJ'<l) WELFARE GOAL To provide for and maintain a safe, attractive and desirable living environment and to insure optimum health and well-being for all residents of Azusa. 04 1952514 Ordinance No. 03~01 February 18, 2003 Page 17 ofl9 Supporting Objective The aforementioned is the overall prime goal which establishes the justification for a Historic Preservation Element and all of the following objectives should be viewed as implementing this goal. PRESERVATION GOAL To preserve valuable natural and man-made resources that have scientific, educational, economic and cultural value. Supporting Objectives Evaluate buildings to determine if they can be restored and brought up to Fire, Health, and Building Code standards. Develop zoning bonus and development incentives which will serve preservation. Develop an owner awareness program to inform property owners of tax programs and other preservation techniques. Utilize Community Development Block Grants (CDBG) for low interest loans for preservation. Pursue inclusion of sites on the National and State Registries of Historic Sites. Conduct a community-wide survey to determine appropriate sites for preservation. Develop a priority ranking to identify high, medium and low priority for preservation activities. Evaluate capital improvement programs and public services which can be directed to historic preservation. Pursue innovative techniques for historic site preservation such as architectural easements, conservation districts and development rights transfer. Pursue federal and state grants-in-aid for site purchase and enhancement. Investigate the feasibility of Bond Financing to finance purchase and enhancement of historical sites. Continue to implement provisions in the California Environment Quality Act (CEQA) requiring investigation and evaluation prior to development of all archaeological, paleontological, cultural and historical features. Monitor proposed state and federal legislation relating to historic preservation; officially support same when appropriate. Pursue private funding sources and programs as highest priority for site preservation. Coordination with, and utilization of, the Community Redevelopment Agency as a vehicle for preservation activity. RESTORATION AND ENHAl'<CEMENT GOAL To restore and enhance historical, cultural and other man-made features. Supporting Objectives Evaluate buildings to determine if they can be restored and brought up to Fire, Health and Building Code Standards. Utilize CDBG for low interest loans for restoration. Evaluate Building, Fire and Health Codes to determine where they can be relaxed as an incentive to historic site restoration. Evaluate capital improvement programs and public services which can be directed to historic site restoratfon and enhancement. Pursue federal and state grants-in-aid for site purchase and enhancement. Investigate the feasibility of Bond Financing for purchase and enhancement of historical sites. Continue to implement CEQA to identify historical sites and mitigation measures for preservation and enhancement. 04 1952514 4 I Ordinance No. 03~01 February 18, 2003 Page 18 of 19 Pursue private funding sources and programs as highest priority for site restoration and enhancement. COM!V!UNITY IDENTITY GOAL To promote community identification and visual quality. Supporting Objectives Identify and preserve sites which are significant in the past development and economy of the community and which foster the public's awareness of the cultural make-up of the community. COMMUNITY INVOLVEMENT GOAL To encourage opportunities for community involvement and participation. Supporting Objectives Develop educational and information programs to make the public aware of historic sites and preservation activities. New development should be related to existing development and historical/cultural resources in scale, material and character in order to maintain community, neighborhood and block identity. EDUCATION GOAL To encourage the educational and cultural enrichment of the residents of J\.zusa. Supporting Objectives Develop public awareness programs (literature, work shops. lecture series, etc.), to make citizens aware oflandmarks and preservation programs. Utilizing CEQA and the public hearing process, educate and notify the public of development activities and potential impacts upon historic sites. PLANNING CONSISTENCY GOAL To foster consistency between the various general plan elements and the Historic Preservation Element. Supporting Objectives Evaluate the various general plan elements and zoning for possible inconsistencies with historic sites and preservation; amend the general plan where necessary. The Specific Plan includes measures designed to preserve and celebrate the Nursery's heritage and cultural resources to the maximum extent practical. • Historic resources, such as the Covina Canal and the Vosburg House. 'Will be preserved to the extent feasible. Vvhile the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly used for storm drain purposes. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan ElR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhanunakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility, and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be provided with a new private driveway. 04 1952514 Ordrn~ceNo. 03-01 · February 18, 2003 Page .19 of 19 B. The Proposed Project will not adversely affect surrounding properties and is rbasollableTelated to the public welfare of the citizens of the City and the affected area:· An Environmental Impact Report with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on the future homes to be constructed on the site, surrounding sensitive land uses, and service systems. An impact to' surrounding properties, which cannot be mitigated to a less-than- significant level, is the overall change in visual character of the site from agri- business to predominately residential. However, a Statement of Ovenjding Considerations has been adopted under a separate resolution. SECTION 2. The Zoning Map of the City of Azusa is hereby amended to reflect the change in zoning for the property located at 18331 E. Foothill Blvd. from Rl -10 and RA to SP-6 for the pioperty known as the Monrovia Nursery. SECTION 3. An ElR was prepared by the City pursuant to CEQA and its related Guidelines Section 15168 to analyze potential adverse environmental impacts of the Project implementation. Significant adverse environmental impacts with regard to air quality, aesthetics, noise, cultural resources, and utilities and service systems were found. A Statement of Overriding <;:onsiderations has been adopted under a separate resolution. SECTION 4. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published in compliance with Division 5, Article ill, Chapter 88 of the Azusa Municipal Code. I HEREBY CERTIFY that the forgoing Ordinance No. 03-01 was subject to a first reading at a regular meeting of the City Council of the City of Azusa on the __l'."_ day of February 2003. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ---1["_ day of February , 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Hardison, Stanford, Rocha, Chagnon. NOES: COUNCILMEMBERS: Madrid ABSENT: COUNCILMEMBERS: None AB~~;_ City Clerk APPROVED AS TO FORM ~·{~ City Attorney I i 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 1 of 58 ORDINANCE NO. 04-I-A AN ORDINANCE OF THE Cl1Y OF AZUSA APPROVING AND ADOPTING THE MONROVIA NURSERY SPECIFIC Pl.AN AND AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION OF PROPERTY LOCATED AT 18331 EAST FOOTHILL BOULEVARD FROM SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FOOT LOT MINIMUM (R1- 10) AND RESIDENTIAL AGRICULTURE (RA) TO SPECIFIC PLAN (SP-6), CASE NO. Z-2002-03 WHEREAS, local governments are authorized by Government Code section 65450 et seq., to prepare specific plans for the systematic implementation of the general plan; and WHEREAS. the Monrovia Nursery Specific Plan was initiated and prepared to facilitate a master plan for the development of a residential and commercial development; and WHEREAS, the Monrovia Nursery Specific Plan implements the policies of the General Plan of the City of Azusa by providing an orderly, functional and compatible land use pattern to guide the future growth and development of Azusa and its planning area; ensuring that the type, amount, design, and pattern of all land uses throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community; and providing for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will provide residents with a desirable urban environment in which to live, work, shop, and play; and WHEREAS. the Monrovia Nursery Specific Plan contains all the necessary elements required by section 65451 of the Government Code and Division 12 of the Azusa Municipal Code, and the Monrovia Nursery Specific Plan was referred to all affected public agencies pursuant to sections 65453 and 65352 of the Government Code; and WHEREAS. the Specific Plan (SP) designation in the General Plan accommodates the Monrovia Nursery Specific Plan; and 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 2 of 58 WHEREAS, the City Council of the City of Azusa gave notice as required by law and held a public hearing on the application for approval of Monrovia Nursery Specific Plan for properties located at 18331 East Foothill Boulevard; and WHEREAS, the City prepared the Environmental Impact Report ("EIR") in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines to analyze potential adverse environmental impacts of the Project implementation; and WHEREAS, in the EIR, significant adverse environmental impacts with regard to air quality, aesthetics, noise, cultural resources, and utilities and service systems were found and a Statement of Overriding Considerations was prepared; and WHEREAS, the Planning Commission reviewed and considered the EIR and the comments received thereon; and WHEREAS, the Planning Commission held a duly noticed public hearing on December l 1 and 18, 2002 and a public meeting January 8, 2003, and after receiving testimony, the Planning Commission closed the public hearing and deliberated regarding the Final EIR for the Monrovia Nursery Specific Plan and the proposed Project Approvals, ["proposed Project Approvals" consisting of (1) General Plan Amendment No. GPA 2002- 03; (2) Zone Change No. Z-2002-3; (3) Vesting Tentative Tract Map 554057; and (4) Prezone and Annexation of 433-acre portion of project site currently within unincorporated Los Angeles County]; and WHEREAS, after due deliberation and consideration of the EIR, Findings of Fact and Statement of Overriding Consideration, the Planning Commission on January 8, 2003 voted to recommend that the City Council certify the EIR, and further recommended that the City Council approve the Project and voted unanimously to adopt Resolution No. 2003-03 recommending that the City Council approve a Zone Change from Single Family Residential 10,000 SF Lot Minimum (Rl-10) and Residential Agriculture (RA) to Specific Plan (SP-6) for the property known as Monrovia Nursery; and WHEREAS, the City published a notice of its intention to certify the EIR in compliance with Public Resources Code section 21092 in the Azusa Herald on January 1 O and 13, 2003; and WHEREAS, the City Council held a duly noticed public hearing on January 21 , 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 3 of 58 2003, concerning the recommended Zone Change and other proposed Project Approvals and fully and carefully considered all oral and written testimony offered therein prior to approving the recommended Zone Change; and WHEREAS, on February 3, 2003 the City Council adopted Resolution No. 03-C7 certifying the Final Environmental Impact Report and adopting a Statement of Overriding Considerations and a Mitigation Monitoring Program; Resolution No. 03-C8 approving General Plan Amendment No. GPA 2002-03; Resolution No. 03-C9 approving Vesting Tentative Tract Map 54057; and Resolution No. 03-C 10 to initiate proceedings with the Local Agency Formation Commission for reorganization (annexation); and WHEREAS, on February 18, 2003, the City Council approved the following documents: (1) Ordinance No. 2003-03-02, approving and adopting the Specific Plan, and (2) Ordinance No. 2003-03-01, amending the City Zoning Map to reflect the reclassification of property located at 18331 East Foothill Boulevard from Single Family Residential 10,000 SF Lot Minimum (Rl-10) and Residential Agriculture (RA) to Specific Plan (SP-6), Case No. Z-2002-03; and WHEREAS, the approvals of the Monrovia Nursery Specific Plan through the adoption of Ordinance No. 2003-03-02 and the Zone Change through the adoption of Ordinance No. 2003-03-01 have become the focus of a legal challenge to the City Council's actions regarding the Monrovia Nursery Project; and WHEREAS, the City Council is authorized under California Elections Code section 9222 to submit to the qualified voters of the City a ballot measure regarding approval of the Monrovia Nursery Specific Plan and the Zone Change; and WHEREAS, the proposed Monrovia Nursery Specific Plan which is attached hereto as Exhibit I and is incorporated herein by reference and made a part hereof; and 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 4 of 58 WHEREAS, Ordinance No. 2003-03-02 was approved by the City Council along with Resolution No. 2003-03-C9 which approved Vesting Tentative Tract Map No. 5405 7. for which there were numerous conditions of approval and a number of those conditions of approval related to the Monrovia Nursery Specific Plan; and WHEREAS, the conditions of approval attached to Resolution No. 2003-03-C9, titled "A Resolution of the City Council of the City of Azusa Approving Vesting Tentative Tract Map No. 54057 to Subdivide Twenty-Seven (27) Parcels of Land into Seven Hundred Fifty-Five (755) Parcels at 18331 E. Foothill Blvd .. " are incorporated herein by reference and made a part hereof; and WHEREAS. in addition to the above incorporated language, this Ordinance No. 04-l-A incorporates and restates in full all of the language regarding approval and adoption of the Monrovia Nursery Specific Plan, as contained in Ordinance No. 03-02, and the Zone Change, as contained in Ordinance No. 03-01, as originally approved by the City Council on February 18, 2003. THE PEOPLE OF THE CITY OF AZUSA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Pursuant to the California Environmental Quality Act, the State CEQA Guidelines. and the City's Local CEQA Guidelines, the City analyzed the project's potential environmental impacts in an Environmental Impact Report which was certified by the Council in Resolution 2003-03-C7. SECTION 2: In accordance with Section 88-285 of the Azusa Municipal Code, the people of the City of Azusa hereby approve and adopt the Monrovia Nursery Specific Plan based on the following findings: A. That the proposed Specific Plan is in the public interest. and that there will be a community benefit resulting from the amendment. According to the City's 2001 Housing Element. among the eight San Gabriel Valley Foothill communities, Azusa has long supplied a disproportionate amount of the affordable housing. As a result as of that writing, Azusa has the lowest rate of home ownership and lowest median housing sales price ($150,000). These factors have contributed to a deciine in retail economic activity as surrounding cities aggressively pursued sales tax revenue drawn by their stronger buying power. As a result, many older neighborhoods in Azusa went into decline, with property values and reinvestment falling and crime and rental turn-over increasing. Furthermore, Azusa's Economic Development Strategic Plan identifies a need for high value housing which will in turn attract more business to Azusa due to 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 5 of 58 increased spending power. The proposed project would add 1,250 high value (ranging from $238,000 to over $600,000) homes to the Azusa housing stock. The homes are expected to be predominantly owner-occupied, thereby, resulting in a small reduction in the percentage of city-wide tenant-occupied housing and bringing about an improved ratio of tenant-to-owner occupied housing units and adding to community stability. The Specific Plan would take advantage of the property's location adjacent to the future Gold Line light rail by creating a walkable mixed-use core suitable for business and residential uses. The increased density of housing and small-scale retail will create a transit-oriented development around a Transit Plaza, and a stop on the future Gold Line. The Specific Plan includes public facilities benefits, as well, with regard to recreation, schools, and fire protection service. The Plan includes passive and active recreational facilities, an arroyo, trails, and greenbelts. A system of neighborhood parks serves local residents and larger community parks are designed to serve all Azusa residents. Furthermore 168 acres of open space in the foothills would be preserved in perpetuity. A new Azusa Unified School District kindergarten through eighth grade school will be built and an opportunity exists for the Los Angeles County Fire Department to relocate or place a new fire station outside of the Sierra Madre Fault Zone setback zone, where it is currently located. B. That the proposed amendment is consistent with the Guiding Principles of the General Plan Update and goals and policies of the existing General Plan. Guiding Principle # 1 -Natural /J... Community Environment Vision: Protect the foothills, preserve natural habitat and terrain and integrate nature into future development and use. Enhance the existing fabric of Azusa neighborhoods with new development integrated into the rest of the community by open access and compatible neighborhood design: • Natural and historic flow of water enhances the area • Historic resources are preserved with the development • Public and private views are protected and development is compatible with surrounding neighborhoods and uses, including the Dhammakaya Retreat Center The Specific Plan cei'ebrates the natural and community environment. • The foothills are preserved and the existing biological resources are protected. The development plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving 9 I 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 6 of 58 170 acres of natural open space. • The land plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. • The land plan maximizes the number of connections to the City. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting to the City and the arroyo trail. • The romantic bent grid design of the Park Neighborhood minimizes land form alteration by incorporating the existing topography into the land plan. Furthermore, the bent grid causes roof and front elevation movement minimizing the view of one continuous row of homes. • Historic resources, such as the Covina Canal and the Vosburg House, are being preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly carry storm runoff. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on- site. • The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility; and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be provided with a new private driveway. Guiding Principle # 2 -Quality Neighborhoods Ii Homes Vision: Maintain Azusa's family-oriented community identity by offering a diversity of home ownership opportunities, reflecting traditional neighborhood patterns: • Dominant housing type is single-family detached homes attractive to middle and upper income home buyers • Architectural styles and features draw on historic patterns and scale • High quality construction, home design, and neighborhood amenities promote well-being and maintain value. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 7 of 58 The Specific Plan has been designed as an extension of Azusa's family-oriented traditional neighborhoods. • • • • • • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renowned landscape architect and planner, Frederick Law Olmstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills. and the Vista Bonita neighborhood in Azusa. The Park Neighborhood constitutes 17.3 percent of the Nursery property while the Village Core and Promenade District constitute 2.2 percent and 7. 7 percent respectively. Both the Village Core and the Garden Court Neighborhood in the Promenade District allow for detached rear-loaded housing. In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. Architecture in all neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 8 of 58 • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. Guiding Principle # 3 -Mobility&. Mix of Uses Vision: Create a walkable business campus adjacent to a future Gold line light rail stop, blended and connected with adjacent residential neighborhoods and the emerging University District to the south: • Campus-style office space suitable for high-tech, corporate or institutional users • A shared neighborhood core with small-scale retail/service businesses for transit riders, business park employees and surrounding residents • Compatible townhomes and apartments The Promenade District creates a mixed-use neighborhood that promotes transit, commerce, and high-quality residential development. • The Specific Plan incorporates space near Citrus Avenue for a future light rail transit station. • A transit plaza is planned adjacent to the light rail station as a formal park and inviting gathering place surrounded by transit-oriented retail. • Mixed use, live/work, and three-story residential are the land uses planned around the transit center to create the community of persons who will embody the vision of a transit-oriented district. • The transit plaza anchors the Promenade, which is a great walking street that connects the plaza to the residences of the Promenade District. • The residences in the Promenade District are planned as for-sale housing. The only rental would occur in the area surrounding the transit square as a mixed-use development, with apartments above retail or office uses. Guiding Principle # 4 -Green Spaces &. Public Uses Vision: Build on the green and open character of the natural setting and history by incorporating passive green space and active recreational facilities. Incorporate abundant public and neighborhood-serving facilities such as schools, child-care, and gathering places: • A system of neighborhood parks to serve local residents and larger 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 9 of 58 parks as a resource for the entire community • Comprehensive trail system for walking, hiking. and biking • Distinctive landscaping/greenery/greenbelts/trees • Hillside open space Azusa's heritage is tied to the San Gabriel Canyon and Mountains. The Specific Plan fosters that heritage through a series of parks, open space, and trail connections that will incorporate landscape commemorative of the Nursery and great botanic gardens of the world. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail system will pass underneath Sierra Madre Avenue. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from all the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public park will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the land plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2. 1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 10 of 58 use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan does not extend beyond existing nursery operations and allows for 170-acres of natural open space to be preserved in perpetuity in the foothills. GENERAL PLAN LAND USE ELEMENT Primaty' Community-vWde Land Use Goals 1. Provide an orderly, functional, and compatible land use pattern to guide the future growth and development of Azusa and its planning area. 2. Ensure that the type, amount, design and pattern of all land uses throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community. 3. Provide for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will ensure residents of a desirable urban environment in which to live, work, shop and play. 4. Allow development in the San Gabriel Mountain' foothills only when proper consideration has been shown for all environmental and safety factors. The Specific Plan includes great neighborhoods designed to complement and enhance the surrounding three new neighborhoods. • Time-honored planning principles of the world-renown landscape architect and planner, Frederick Law Olmstead, are the foundation for the neighborhoods. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District Neighborhood is patterned after the great walking streets of the world. Examples of communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood in Azusa. • The Specific Plan maximizes the number of connections to the adjoining neighborhoods. Roadway connections are provided at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting the City to the arroyo trail and the City of Glendora. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 11 of 58 • Parks were used to form and create the Specific Plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular gardens. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access through the entire community. Furthermore, the Promenade District is designed as a walking district. • The foothills are preserved and the existing biological resources are protected. The Specific Plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving more than 1 70 acres of natural open space. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood, housing prices are expected to begin in the low $300,000s and extend well above $500,000. RESIDENTIAL /AND USE GOALS 1. Encourage the maintenance and conservation of existing single- family homes and the preservation of existing low-density neighborhoods throughout the community. 2. Provide for a well-balanced variety of housing arrangements, opportunities and densities, each appropriately located with references to topography, traffic and circulation, community facilities, and aesthetic consideration. 3. Ensure the development of school, park, and other necessary public facilities well related to residential neighborhoods. 4. Encourage only additional residential development that is necessary I f 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 12 of 58 to replace older deteriorated housing stock and to provide for the natural increase in population, but not to encourage higher densities that will stimulate population growth. 5. Encourage the assemblage of small lots into larger parcels to maximize land use efficiency in areas permitting higher densities. Supporting Objectives • To encourage programs or citizens' efforts that are directed toward neighborhood or community beautification and improvement. , To encourage a full range of public improvements and services to all residential neighborhoods. • To encourage a continuing program of community preservation and rehabilitation. • To provide for a distribution of population through the use of a variety of densities and housing types throughout the City in order to avoid undesirable and inefficient concentrations of the population in any one location of the community. , To encourage the development of residences for all economic segments of the City and to also encourage the ownership of these units in order to increase neighborhood stability. • To ensure that all residential development proposals include an adequate and detailed analysis of the impact on the entire community and of the community's ability to sustain it, in terms of provision of such factors as adequate access, off-street parking, reasonable demands on utilities and public facilities, and others that might affect residential or community quality. • To ensure that all new development is compatible with the Circulation Element and existing street system and that the system will adequately handle the expected traffic increase. The Specific Plan provides a variety of new housing types, sizes, and prices formed around public open space and parks. • The Specific Plan identifies a variety of housing products throughout the community that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The higher density housing types surround the transit station to create a bustling, walkable transit neighborhood. The transit neighborhood is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 13 of 58 friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit neighborhood is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The two-story design of the proposed residences enhances the value of one-story designs in the City, instead of directly competing against the City's existing housing stock. • A Great Park of 14.5 acres, the largest in the City, consisting of a 9.0-acre public school and 5.5-acre joint use park, anchor the park system. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio- filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. • The architecture and street scene in all neighborhoods de- emphasizes the garage. Each neighborhood has parkway-separated sidewalks with street trees. The living portion of the homes are pulled forward toward the street with outdoor living space such as 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 14 of 58 porches, stoops, and balconies. Garages are pushed back away from the street and de-emphasized so that each home has a recognizable front instead of a series of garage doors. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • A Homeowner's Association (HOA) will govern the new development by enforcing specific codes and covenants designed to promote community consistency, maintenance and value. The HOA will also include community programs to encourage neighbor participation. • The Specific Plan contributes substantial monies toward community infrastructure improvements, such as improvements to the street system, water system, and sewer system. • The Specific Plan EIR assessed potential impacts of the proposed development on the surrounding community. Topics such as traffic, air quality, noise, hydrology, geology, biology, and hazards were analyzed in detail. Where the proposed development caused adverse impacts, mitigation measures were incorporated into the plan. COMMERCIAL LAND USE GOALS 1 . Promote the development of commercial facilities which are convenient to residents and which provide the widest possible selection of goods and services, in keeping with sound economic principles of retail locations. 2. Ensure an economically strong and balanced commercial sector of the community that is easily accessible, attractive, and meets the commercial needs of the market area. 3. Encourage the revitalization of the central downtown business district. Supporting Objectives • To encourage the clustering of businesses, landscaping, development of small commercial centers with shared parking, and other development techniques that will improve the visual appearance and efficiency of existing '"strip" commercial development along arterial streets. • To achieve strong investment and consumer support for the commercial sector of the community. , To preserve the integrity of commercial areas by prohibiting the mixture of incompatible noncommercial uses within these areas. , To ensure adequate parking, attractive landscape and architectural ! j ' 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 15 of 58 design, and good access to the commercial area from its service area. • To undertake a study of the central downtown business district followed by effective revitalization efforts. The Specific Plan proposes minimal commercial opportunities to serve the new development without competing with established commercial centers in the City. • A modest amount (30,000 to 50,000 square feet) of transit oriented commercial uses are permitted in the transit village. • Live/work is a building typology permitted in most of the Promenade District, allowing the owner of the residence to also have an office on the first floor, but the design functions equally as well as pure residential. COMMUNITY FACILITY IAND USE GOALS 1 . Provide for a land use configuration in Azusa that provides adequate, easily accessible and appropriate community facilities and utilities while minimizing taxes and operations to within reasonable levels. Supporting Objectives • To provide for a community-wide balance of community facilities that will not create excessive demands on facilities and utilities, especially in areas of development concentration. , To encourage the use of alternative energy sources, such as solar energy, and energy-related environmental criteria in the design, construction and lot orientation of new or proposed buildings. , To explore the feasibility and potential for the multiple-use of existing public or quasi-public rights-of-way for recreational purposes. • To provide for adequate park and recreation facilities to meet the demands of present and future Azusa citizens. The Specific Plan was designed to minimize impacts on the City's community and utility facilities. • Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. • The Specific Plan provides the largest contiguous open space in the 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 16 of 58 City by connecting the Great Park with the arroyo nature park to the wilderness park in the mountains. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan includes a 2. 1-acre private recreation facility open to the new residents of the Monrovia Nursery development. The private recreation facility will include a pool and other recreation amenities. • The new development will include a Community Facilities District and Homeowner' s Association to provide financial opportunities for construction and maintenance of the proposed community facilities. • The City has prepared a fiscal impact analysis to determine the long- term financial implications of the proposed development for the City. CIRCULATION/TRANSPORTATION LAND USE GOALS 1 . Provide for a land use configuration that is compatible with the transportation and circulation systems that currently exist and with those that are planned by the City, County and State. 2. Provide for land uses that encourage efficient use of the circulation systems that exist, while avoiding land use concentration or locations that might result in unnecessary and undesirable congestion. Supporting Objectives • To provide for adequate access into residential areas by local or collector streets, avoiding congestion and hazardous conditions that are often caused by direct access onto arterial streets from local 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 17 of 58 streets or residences. • To provide for alternative modes of transportation such as bicycles, pedestrian facilities, etc., as well as access to major regional transportation systems. , To adequately buffer the more sensitive land uses from the adverse effects of freeways, major arterials, railroad and other circulation components. • To encourage the development of clustered commercial uses, especially along arterial streets, that make more efficient use of parking and land utilization while maximizing safe pedestrian circulation. The land uses and circulation patterns in the Specific Plan promote efficient pedestrian, vehicular, and transit circulation. • The higher density housing types surround the transit station to create a bustling, walkable transit village. The transit village is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit village is linked to the rest of the Promenade District by a formal linear park that serves as a • • • • • • gathering spot and pedestrian way. Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate that a change in roadway character is about to occur. Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. The Park Neighborhood relies on a romantic bent grid roadway 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 18 of 58 pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. CIRCULATION ELEMENT GOALS l. Provide for a transportation system which supports planned land use and improve the quality of life. 2. Promote the safe and effective movement of all segments of the population and the efficient transport of goods. 3. Make efficient use of existing transportation facilities. 4. Protect environmental quality and promote the wise and equitable use of economic and natural resources. Supporting Objectives • To encourage State, regional, and local governments and agencies to achieve a coordinated and balanced regional transportation system, consistent with the City's social, economic and environmental needs and goals. • To develop transportation planning, services, and facilities that are coordinated with and support the land use plan. • To develop a balanced system of circulation which incorporates motor vehicles, pedestrians, bicycles and other private and public transportation modes with greater safety and increased energy efficiency. • To encourage the continuance of a public transportation system that will ( l) provide a viable alternative to the automobile, (2) satisfy the transportation needs of commuters, the economically disadvantaged, the aged, the young, and the handicapped, and (3) promote service at a reasonable and equitable cost to both the users and the general community. The Specific Plan promotes alternative forms of transportation and a circulation system that avoids impacts to the surrounding community. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 19 of 58 • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. • The Specific Plan EIR provides a complete assessment, including mitigation measures, of potential traffic impacts on the surrounding streets. SCENIC HIGHWAYS ELEMENT GOALS 1. Provide a scenic road system serving a variety of transportation modes. 2. Provide enhanced recreational and commercial opportunities served by a system of scenic roadways. 3. Preserve and enhance the aesthetic resources within scenic corridors. Supporting Objectives • To establish a city wide scenic roadway system. , To encourage utilization of appropriate existing goals. • To protect and enhance aesthetic resources within corridors of designated scenic roadways. , To establish and maintain urban scenic highways to provide access ii I I 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 20 of 58 to interesting and aesthetic manmade features, historical and cultural sites, and urban open space areas. • To provide a comprehensive Scenic Roadway Program which safely accommodates various forms of transportation compatible with scenic highway criteria and standards. • To develop and apply standards to regulate the quality of development within corridors of designated scenic roadways. • To improve the aesthetic qualities of scenic roadway corridors through the rehabilitation, renovation, and redevelopment of deteriorating areas along these routes. • To remove visual pollution from designated scenic highway corridors. • To encourage the development and use of aesthetic design standards for road construction or reconstruction for all designated scenic roadways. • To increase governmental commitment to the designation of scenic highways and protection of scenic corridors. • To encourage the fair distribution of social and economic costs and benefits associated with scenic highways. • To promote the use and awareness of scenic highway amenities for all segments of the population. The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • The north side of Sierra Madre Avenue will be primarily landscaped slope. In the Village Core, homes will front onto Sierra Madre Avenue. • The south side of Sierra Madre Avenue will have a linear park and multi-purpose trail. Landscaping will dominate the linear park while also respecting the view opportunities from the roadway and trail. • The proposed recreation facility and Village Core housing will front onto the south side of Sierra Madre Avenue creating a point of arrival at an activity center. • A bridge on Sierra Madre Avenue will cross the arroyo and arroyo trail. • The narrow cross-section of Sierra Madre Avenue is designed to slow traffic but maintain roadway capacity to accommodate commuter traffic. 04 1952514 I Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 21 of 58 HOUSING ELEMENT GOALS 1. Conserve and improve the condition of the existing affordable housing stock. 2. Assist in the development of adequate housing to meet the needs of low-and moderate-income households. 3. Identify adequate housing sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income groups. 4. Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. 5. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. Quantative Objectives , To conserve affordable housing available through the existing rental housing supply and mobile home dwellings (N=389). , To achieve the rehabilitation of 100 housing units during the time frame of mid-1984 through mid-1989. , To meet the rental housing assistance in existing housing units of 150 lower income households during the next five years. • To meet the owner housing assistance needs of first time buyers of moderate income in 100 newly constructed housing units. , To achieve the production of 80 new rental housing units within the financial means of low-and moderate-income households. The Specific Plan creates new housing opportunities for a variety of people at different homeownership stages in their life. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 22 of 58 • The proposed housing products are for-sale residences. The only opportunity for rental housing is in the transit neighborhood where mixed-use development could have apartments over retail or office uses. SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS l . Prevention of serious injury and loss of life. 2. Prevention of serious structural damage to critical facilities and structures where large numbers of people are apt to congregate at one time. 3. Insure the continuity of vital services and functions. 4. Education of the Community. Supporting Objectives • To reduce loss of life, injuries, and damage to property caused by seismic events and seismic-related conditions. , To reduce loss of life, injuries, and damage to property, and loss of natural resources caused by wildland and urban fires. , To protect life and property in the event of a natural disaster. , To prevent injury or loss of life and damage to property due [to] flood hazards. The Specific Plan used extensive geotechnical investigations to determine the appropriate locations for development that minimize risks to life and property. • A setback zone for the Sierra Madre Fault was identified and no houses are located within the setback zone. • Sierra Madre Avenue was aligned along an unnamed fault to provide appropriate setbacks for housing. • A setback zone for a second unnamed fault on the west side of the property north of Tenth Street prohibits the construction of habitable structures. • Geologists and geotechnical engineers conducted a liquefaction hazard analysis and determined that dirt in the lower portion of the property must be removed approximately 20 to 25 feet deep and recompacted to minimize potential liquefaction hazards. • The Specific Plan EIR contains an extensive geologic and geotechnical investigation, with appropriate mitigation measures to minimize risks to life and property. CONSERVATION ELEMENT GOALS AND OBJECTIVES 1. To protect, conserve, and manage the natural and scenic resources 04 1952514 I Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 23 of 58 of the Azusa Planning Area. 2. To ensure an adequate supply of high quality water for local and regional needs by preventing the accelerated water loss due to high runoff and loss of groundwater recharge areas, and pollution, while protecting life and property with appropriate flood protection measures. 3. Conserve soils as a water-regulating medium as well as for the production of natural or other hillside vegetation. 4. To promote the retention of native or other vegetation wherever feasible for maximum water yield, air, and water quality, and flood hazard reduction. 5. To preserve adequate expanses of all major habitat types so as to maintain ecosystems in a natural balance for recreation, scientific, economic, educational and scenic purposes. 6. To secure a safe, healthful, and wholesome environment through careful planning for the preservation and utilization of natural resources and natural resource lands. The Specific Plan promotes conservation of natural resources. • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail will pass underneath Sierra Madre Avenue. • • • • The arroyo provides a series of water quality basins planted with riparian habitat designed to foster groundwater recharge and biofiltration to remove urban pollutants from the storm runoff. Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. Development of the Monrovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. Development of the Monrovia Nursery property will reduce the amount of Particulate Matter 10 microns (PM,0 ) currently released from the Nursery site. The South Coast Air Basin is currently designated as a non-attainment area for PM 10 because of noncompliance with the State and Federal Clean Air Acts. Therefore. 04 1952514 ii ' y Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 24 of 58 development of the Monrovia Nursery property will improve air quality. The Specific Plan EIR contains an extensive air quality analysis. • The Specific Plan includes a series of detention basins to minimize impacts from flooding. The EIR includes an extensive hydrology analysis that documents how the proposed development reduces the risk of flooding to surrounding properties. OPEN SPACE ELEMENT GOALS l. To secure a safe, healthful, and wholesome environment through careful planning and preservation of open space resources. 2. To maintain the continued existence of valuable amenities which provide beauty, identity, and form to the community and to neighborhoods within the community. 3. To preserve or conserve valuable natural and cultural resources that have scientific, educational, economic and cultural value. 4. To contribute to the attainment of the State Legislature's open space planning goals and objectives and fulfill the responsibility that Azusa has to the geographic region it is located. Supporting Objectives , To protect examples of wildlife habitat by acquisition of as much open space land as economically possible and by prohibiting its development with incompatible uses. , To preserve the hillside topography and natural vegetation through land use regulations, which encourage the retention of the natural topography and control the degree of ground coverage by structures both on the hillside and in the arroyos and canyon bottom. • To promote the study, adoption and review of regulations designed to assure appropriate and safe development in hazardous development areas. These regulations should include control of elimination of mass grading, limitation on the intensity and density of land use, and prohibitions against any development projects except those which are designed for mountainous or irregular topography. The Specific Plan designates over 60 percent of the Nursery property for open space, park, cultural, and recreation amenities. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 25 of 58 • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity in the foothills. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscapes. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2. 1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides 18 acres of park and recreation facilities, more than the 16.5 acres of parkland required by State planning law. NOISE ELEMENT GOAL 1 . The principal goal of the City is to prohibit unnecessary and annoying noise from all sources in the community through the identification, control, and abatement of noise pollutants. Supporting Objectives , To continue present programs which prohibit unnecessary, excessive and annoying noise from sources which are subject to the police power of the City. • To use existing and future regulatory controls such as noise ordinances, zoning restrictions, conditional use permits, 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 26 of 58 environmental impact reports and precise plans for the identification, control, and abatement of noise. • To coordinate with Federal, State, County and other governmental agencies in dealing with noise abatement. • To provide information to the public regarding the potential impact of various noise sources and methods for abatement. The Specific Plan is designed consistent with the City's noise standards. • The Specific Plan EIR includes an extensive analysis of construction and operational noise impacts, including mitigation measures. COMMUNITY DESIGN ELEMENT GOALS 1 . Provide guidelines for design treatments of public and private buildings which are aesthetic yet economically practical. 2. Promote community identity through the upgrading of existing landscaping, redesign of existing buildings and design treatments for new buildings, which are in keeping with community character. 3. Enhance the economic stability of the community's commercial and industrial businesses and encourage the attraction of new enterprises. Supporting Objectives • To foster community identity and pride through design treatment. • To protect and enhance economic value of properties and encourage commercial business growth. • To ensure the proposed development will be properly related to its site and to surrounding sites and structures; to prevent the erection of structures, which are inharmonious with their surroundings. • To ensure that sites, projects and structures are developed with due regard for the aesthetic qualities of the natural terrain and landscape, and that trees and shrubs are not indiscriminately destroyed. • To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood. • To ensure that open spaces, parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses. • To develop design criteria for all commercial and industrial development, as well as residential projects of nine or more dwelling units. 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 27 of 58 The Specific Plan includes community design criteria and architectural standards that celebrate Azusa·s heritage and promote lasting value. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renowned landscape architect and planner, Frederick Law Olmstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood of Azusa. • In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all the neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops. and balconies. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan includes a landscape vision that celebrates the heritage of the Nursery. Incorporating botanical garden themes and historic references to Nursery plantings. the landscaping will be distinct and spectacular. HISTORIC PRESERVATION ELEMENT HEALTH AND WELFARE GOAL To provide for and maintain a safe, attractive and desirable living environment and to insure optimum health and well-being for all residents 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 28 of 58 of Azusa. Supporting Objective • The aforementioned is the overall prime goal which establishes the justification for a Historic Preservation Element and all of the following objectives should be viewed as implementing this goal. PRESERVATION GOAL To preserve valuable natural and man-made resources that have scientific, educational, economic and cultural value. Supporting Objectives • Evaluate buildings to determine if they can be restored and brought up to Fire, Health, and Building Code standards. • Develop zoning bonus and development incentives which will serve preservation. , Develop an owner awareness program to inform property owners of tax programs and other preservation techniques. • Utilize Community Development Block Grants (CDBG) for low interest loans for preservation. • Pursue inclusion of sites on the National and State Registries of Historic Sites. • Conduct a community-wide survey to determine appropriate sites for preservation. • Develop a priority ranking to identify high, medium and low priority for preservation activities. • Evaluate capital improvement programs and public services which can be directed to historic preservation. • Pursue innovative techniques for historic site preservation such as architectural easements, conservation districts and development rights transfer. , Pursue federal and state grants-in-aid for site purchase and enhancement. • Investigate the feasibility of Bond Financing to finance purchase and enhancement of historical sites. • Continue to implement provisions in the California Environment Quality Act (CEQA) requiring investigation and evaluation prior to development of all archaeological, paleontological, cultural and historical features. • Monitor proposed state and federal legislation relating to historic preservation; officially support same when appropriate. 04 1952514 l Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 29 of 58 • Pursue private funding sources and programs as highest priority for site preservation. • Coordination with, and utilization of, the Community Redevelopment Agency as a vehicle for preservation activity. RESTORATION AND ENHANCEMENT GOAL To restore and enhance historical, cultural and other man-made features. Supporting Objectives • Evaluate buildings to determine if they can be restored and brought up to Fire, Health and Building Code Standards. • • • • Utilize CDBG for low interest loans for restoration . Evaluate Building, Fire and Health Codes to determine where they can be relaxed as an incentive to historic site restoration. Evaluate capital improvement programs and public services which can be directed to historic site restoration and enhancement. Pursue federal and state grants-in-aid for site purchase and enhancement. • Investigate the feasibility of Bond Financing for purchase and enhancement of historical sites. • Continue to implement CEQA to identify historical sites and mitigation measures for preservation and enhancement. • Pursue private funding sources and programs as highest priority for site restoration and enhancement. COMMUNilY 1DENTI1Y GOAL To promote community identification and visual quality. Supporting Objectives • Identify and preserve sites which are significant in the past development and economy of the community and which foster the public's awareness of the cultural make-up of the community. COMMUNllY INVOLVEMENT GOAL To encourage opportunities for community involvement and participation. Supporting Objectives • Develop educational and information programs to make the public aware of historic sites and preservation activities. • New development should be related to existing development and historical/cultural resources in scale, material and character in order 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 30 of 58 to maintain community, neighborhood and block identity. EDUCATION GOAL To encourage the educational and cultural enrichment of the residents of Azusa. Supporting Objectives • Develop public awareness programs (literature, work shops, lecture series, etc.), to make citizens aware of landmarks and preservation programs. • Utilizing CEQA and the public hearing process, educate and notify the public of development activities and potential impacts upon historic sites. PLANNING CONSISTENCY GOAL To foster consistency between the various general plan elements and the Historic Preservation Element. Supporting Objectives • Evaluate the various general plan elements and zoning for possible inconsistencies with historic sites and preservation; amend the general plan where necessary. The Specific Plan includes measures designed to preserve and celebrate the Nursery's heritage and cultural resources to the maximum extent practical. • Historic resources, such as the Covina Canal and the Vosburg House, will be preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly used for storm drain purposes. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility, and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 31 of 58 provided with a new private driveway. C. That the proposed Specific Plan will not conflict with the provisions of the zoning ordinance, subdivision regulations, or any applicable specific plan. The proposal meets all of the applicable provisions of the Zoning Code for the proposed Specific Plan (SP) zoning designation. In addition, all applicable City divisions and departments have reviewed the proposal and issued conditions for approval. D. That the proposed Specific Plan will not adversely affect surrounding properties. An Environmental Impact Report with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on the future homes to be constructed on the site, surrounding sensitive land uses, and service systems. An impact to surrounding properties, which cannot be mitigated to a less-than- significant level, is the overall change in visual character of the site from agri- business to predominately residential. However, a Statement of Overriding Considerations has been adopted under a separate resolution. SECTION 3. The people of the City of Azusa hereby adopt and approve the Monrovia Nursery Specific Plan for the properties located at 18331 East Foothill Boulevard. SECTION 4. In accordance with Section 88-585 of the Azusa Municipal Code, it is found that the Zone Change and Project Approvals would not unreasonably interfere with the use or enjoyment of property in the vicinity and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to. The people of the City of Azusa hereby approve and adopt said Zone Change based on the following findings: A. That the proposed amendment is consistent with the Guiding Principles of the General Plan Update and goals and policies of the existing General Plan. Guiding Principle # 1 -Natural 8. Community Environment Vision: Protect the foothills, preserve natural habitat and terrain and integrate nature into future development and use. Enhance the existing fabric of Azusa neighborhoods with new development integrated into the rest of the community by open access and compatible neighborhood design: • Natural and historic flow of water enhances the area • Historic resources are preserved with the development 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 32 of 58 • Public and private views are protected and development is compatible with surrounding neighborhoods and uses, including the Dhammakaya Retreat Center The Specific Plan celebrates the natural and community environment. • The foothills are preserved and the existing biological resources are protected. The development plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving 170 acres of natural open space. • The land plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio-filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. • The land plan maximizes the number of connections to the City. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting to the City and the arroyo trail. • The romantic bent grid design of the Park Neighborhood minimizes land form alteration by incorporating the existing topography into the land plan. Furthermore, the bent grid causes roof and front elevation" movement minimizing the view of one continuous row of homes. • Historic resources, such as the Covina Canal and the Vosburg House, are being preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly carry storm runoff. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on- site. • The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility; and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be provided with a new private driveway. 04 1952514 l I '! Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 33 of 58 Guiding Principle # 2 -Quality Neighborhoods &. Homes Vision: Maintain Azusa's family-oriented community identity by offering a diversity of home ownership opportunities, reflecting traditional neighborhood patterns: • Dominant housing type is single-family detached homes attractive to middle and upper income home buyers • Architectural styles and features draw on historic patterns and scale • High quality construction, home design, and neighborhood amenities promote well-being and maintain value. The Specific Plan has been designed as an extension of Azusa's family-oriented traditional neighborhoods. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renowned landscape architect and planner, Frederick Law Olmstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills. and the Vista Bonita neighborhood in Azusa. • The Park Neighborhood constitutes 17.3 percent of the Nursery property while the Village Core and Promenade District constitute 2.2 percent and 7. 7 percent respectively. Both the Village Core and the Garden Court Neighborhood in the Promenade District allow for detached rear-loaded housing. • In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 34 of 58 elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. Guiding Principle # 3 -Mobility&. Mix of Uses Vision: Create a walkable business campus adjacent to a future Gold Line light rail stop, blended and connected with adjacent residential neighborhoods and the emerging University District to the south: • Campus-style office space suitable for high-tech, corporate or institutional users • A shared neighborhood core with small-scale retail/service businesses for transit riders, business park employees and surrounding residents • Compatible townhomes and apartments The Promenade District creates a mixed-use neighborhood that promotes transit, commerce, and high-quality residential development. • The Specific Plan incorporates space near Citrus Avenue for a future light rail transit station. • • • A transit plaza is planned adjacent to the light rail station as a formal park and inviting gathering place surrounded by transit-oriented retail. Mixed use, live/work, and three-story residential are the land uses planned around the transit center to create the community of persons who will embody the vision of a transit-oriented district. The transit plaza anchors the Promenade, which is a great walking street that connects the plaza to the residences of the Promenade District. 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 35 of 58 • The residences in the Promenade District are planned as for-sale housing. The only rental would occur in the area surrounding the transit square as a mixed-use development, with apartments above retail or office uses. Guiding Principle # 4 -Green Spaces &. Public Uses Vision: Build on the green and open character of the natural setting and history by incorporating passive green space and active recreational facilities. Incorporate abundant public and neighborhood-serving facilities such as schools, child-care, and gathering places: • A system of neighborhood parks to serve local residents and larger parks as a resource for the entire community • Comprehensive trail system for walking, hiking, and biking • Distinctive landscaping/greenery/greenbelts/trees • Hillside open space Azusa's heritage is tied to the San Gabriel Canyon and Mountains. The Specific Plan fosters that heritage through a series of parks, open space, and trail connections that will incorporate landscape commemorative of the Nursery and great botanic gardens of the world. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail system will pass underneath Sierra Madre Avenue. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from all the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public park will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the land plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 36 of 58 park and trail providing a trail connection between the City of Azusa and Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2. 1 -acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan does not extend beyond existing nursery operations and allows for l 70-acres of natural open space to be preserved in perpetuity in the foothills. GENERAL PLAN LAND USE ELEMENT Primdl}' Community-Wide Land Use Goals 5. Provide an orderly, functional, and compatible land use pattern to guide the future growth and development of Azusa and its planning area. 6. Ensure that the type, amount, design and pattern of all land uses throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community. 7. Provide for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will ensure residents of a desirable urban environment in which to live, work, shop and play. 8. Allow development in the San Gabriel Mountain' foothills only when proper consideration has been shown for all environmental and safety factors. The Specific Plan includes great neighborhoods designed to complement and enhance the surrounding three new neighborhoods. • Time-honored planning principles of the world-renowned landscape architect and planner, Frederick Law Olmstead, are the foundation for the neighborhoods. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the . 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 37 of 58 arroyo and private recreation facility. The Promenade District Neighborhood is patterned after the great walking streets of the world. Examples of communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood in Azusa. • The Specific Plan maximizes the number of connections to the adjoining neighborhoods. Roadway connections are provided at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. Furthermore, the realignment of Sierra Madre Avenue includes a linear park and trail connecting the City to the arroyo trail and the City of Glendora. • Parks were used to form and create the Specific Plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular gardens. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access through the entire community. Furthermore, the Promenade District is designed as a walking district. • The foothills are preserved and the existing biological resources are protected. The Specific Plan does not extend beyond existing Nursery operations, ensuring protection of the foothills by preserving more than 1 70 acres of natural open space. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood, housing prices are expected to begin in the low $300,000s and extend well above $500,000. 04 1952514 I l Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 38 of 58 RESIDENT/Al LAND USE GOALS 6. Encourage the maintenance and conservation of existing single- family homes and the preservation of existing low-density neighborhoods throughout the community. 7. Provide for a well-balanced variety of housing arrangements, opportunities and densities, each appropriately located with references to topography, traffic and circulation, community facilities, and aesthetic consideration. 8. Ensure the development of school, park, and other necessary public facilities well related to residential neighborhoods. 9. Encourage only additional residential development that is necessary to replace older deteriorated housing stock and to provide for the natural increase in population, but not to encourage higher densities that will stimulate population growth. l 0. Encourage the assemblage of small lots into larger parcels to maximize land use efficiency in areas permitting higher densities. Supporting Objectives • To encourage programs or citizens' efforts that are directed toward neighborhood or community beautification and improvement. • To encourage a full range of public improvements and services to all residential neighborhoods. • To encourage a continuing program of community preservation and rehabilitation. • To provide for a distribution of population through the use of a variety of densities and housing types throughout the City in order to avoid undesirable and inefficient concentrations of the population in any one location of the community. • To encourage the development of residences for all economic segments of the City and to also encourage the ownership of these units in order to increase neighborhood stability. • To ensure that all residential development proposals include an adequate and detailed analysis of the impact on the entire community and of the community's ability to sustain it, in terms of provision of such factors as adequate access, off-street parking, reasonable demands on utilities and public facilities, and others that might affect residential or community quality. • To ensure that all new development is compatible with the Circulation Element and existing street system and that the system will adequately handle the expected traffic increase. rf !j 1 ·04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 39 of 58 The Specific Plan provides a variety of new housing types, sizes, and prices formed around public open space and parks. • The Specific Plan identifies a variety of housing products throughout the community that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The higher density housing types surround the transit station to create a bustling, walkable transit neighborhood. The transit neighborhood is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit neighborhood is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views. community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • The two-story design of the proposed residences enhances the value of one-story designs in the City, instead of directly competing against the City's existing housing stock. 04 1952514 fl i Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 40 of 58 • A Great Park of 14.5 acres, the largest in the City, consisting of a 9.0-acre public school and 5.5-acre joint use park, anchor the park system. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides a drainage arroyo in the general location of the historic canyon that drained the foothills. The arroyo will convey storm flows, contain natural riparian habitat, provide bio- filtration to treat urban pollutants, and include a trail system connecting to the Garcia Trail. • The architecture and street scene in all neighborhoods de- emphasizes the garage. Each neighborhood has parkway-separated sidewalks with street trees. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. Garages are pushed back away from the street and de-emphasized so that each home has a recognizable front instead of a series of garage doors. This architectural design encourages neighborhood interaction, a pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • A Homeowner's Association (HOA) will govern the new development by enforcing specific codes and covenants designed to promote community consistency, maintenance and value. The HOA will also include community programs to encourage neighbor participation. • The Specific Plan contributes substantial monies toward community infrastructure improvements, such as improvements to the street system, water system, and sewer system. • The Specific Plan EIR assessed potential impacts of the proposed development on the surrounding community. Topics such as traffic, air quality, noise, hydrology, geology, biology, and hazards were analyzed in detail. Where the proposed development caused adverse impacts, mitigation measures were incorporated into the plan. COMMERCIAL LAND USE GOALS 4. Promote the development of commercial facilities which are convenient to residents and which provide the widest possible selection of goods and services, in keeping with sound economic principles of retail locations. 5. Ensure an economically strong and balanced commercial sector of the community that is easily accessible, attractive, and meets the commercial needs of the market area. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 41 of 58 6. Encourage the revitalization of the central downtown business district. Supporting Objectives • To encourage the clustering of businesses, landscaping, development of small commercial centers with shared parking. and other development techniques that will improve the visual appearance and efficiency of existing "'strip" commercial development along arterial streets. • To achieve strong investment and consumer support for the commercial sector of the community. • To preserve the integrity of commercial areas by prohibiting the mixture of incompatible noncommercial uses within these areas. • To ensure adequate parking, attractive landscape and architectural design, and good access to the commercial area from its service area. • To undertake a study of the central downtown business district followed by effective revitalization efforts. The Specific Plan proposes minimal commercial opportunities to serve the new development without competing with established commercial centers in the City. • A modest amount (30,000 to 50,000 square feet) of transit oriented commercial uses are permitted in the transit village. • Live/work is a building typology permitted in most of the Promenade District, allowing the owner of the residence to also have an office on the first floor, but the design functions equally as well as pure residential. COMMUNITY FACILITY lAND USE GOALS 2. Provide for a land use configuration in Azusa that provides adequate, easily accessible and appropriate community facilities and utilities while minimizing taxes and operations to within reasonable levels. Supporting Objectives • To provide for a community-wide balance of community facilities that will not create excessive demands on facilities and utilities, especially in areas of development concentration. , To encourage the use of alternative energy sources, such as solar energy, and energy-related environmental criteria in the design, construction and lot orientation of new or proposed buildings. 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 42 of 58 , To explore the feasibility and potential for the multiple-use of existing public or quasi-public rights-of-way for recreational purposes. • To provide for adequate park and recreation facilities to meet the demands of present and future Azusa citizens. The Specific Plan was designed to minimize impacts on the City's community and utility facilities. • Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. • The Specific Plan provides the largest contiguous open space in the City by connecting the Great Park with the arroyo nature park to the wilderness park in the mountains. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscape. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan includes a 2.1-acre private recreation facility open to the new residents of the Monrovia Nursery development. The private recreation facility will include a pool and other recreation amenities. • The new development will include a Community Facilities District and Homeowner' s Association to provide financial opportunities for construction and maintenance of the proposed community facilities. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 43 of 58 • The City has prepared a fiscal impact analysis to determine the long- term financial implications of the proposed development for the City. CIRCULATION/TRANSPORTATION LAND USE GOALS 3. Provide for a land use configuration that is compatible with the transportation and circulation systems that currently exist and with those that are planned by the City, County and State. 4. Provide for land uses that encourage efficient use of the circulation systems that exist, while avoiding land use concentration or locations that might result in unnecessary and undesirable congestion. Supporting Objectives • To provide for adequate access into residential areas by local or collector streets, avoiding congestion and hazardous conditions that are often caused by direct access onto arterial streets from local streets or residences. • To provide for alternative modes of transportation such as bicycles, pedestrian facilities, etc., as well as access to major regional transportation systems. • To adequately buffer the more sensitive land uses from the adverse effects of freeways, major arterials, railroad and other circulation components. , To encourage the development of clustered commercial uses, especially along arterial streets, that make more efficient use of parking and land utilization while maximizing safe pedestrian circulation. The land uses and circulation patterns in the Specific Plan promote efficient pedestrian, vehicular, and transit circulation. • The higher density housing types surround the transit station to create a bustling, walkable transit village. The transit village is located in the southeast portion of the site adjacent to Citrus Avenue. The topography is more conducive to a pedestrian friendly district and a commuter rail stop in this location but would not preclude rail stops in downtown Azusa and downtown Glendora. Furthermore, this location would promote transit use by Citrus College and Azusa Pacific University students. The transit village is linked to the rest of the Promenade District by a formal linear park that serves as a gathering spot and pedestrian way. / 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 44 of 58 • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within line of sight and within a five-minute walk from the residential neighborhoods. • All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate that a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. CIRCULATION ELEMENT GOALS 5. Provide for a transportation system which supports planned land use and improve the quality of life. 6. Promote the safe and effective movement of all segments of the population and the efficient transport of goods. 7. Make efficient use of existing transportation facilities. 8. Protect environmental quality and promote the wise and equitable use of economic and natural resources. Supporting Objectives • To encourage State, regional, and local governments and agencies to achieve a coordinated and balanced regional transportation system, consistent with the City's social, economic and environmental needs and goals. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 45 of 58 • To develop transportation planning, services, and facilities that are coordinated with and support the land use plan. , To develop a balanced system of circulation which incorporates motor vehicles, pedestrians, bicycles and other private and public transportation modes with greater safety and increased energy efficiency. • To encourage the continuance of a public transportation system that will (1) provide a viable alternative to the automobile, (2) satisfy the transportation needs of commuters, the economically disadvantaged, the aged, the young, and the handicapped, and (3) promote service at a reasonable and equitable cost to both the users and the general community. The Specific Plan promotes alternative forms of transportation and a circulation system that avoids impacts to the surrounding community. • The Specific Plan includes a transit station to accommodate future commuter rail traffic on the extension of the Gold Line from Pasadena to Claremont. • All possible street connections have been incorporated into the land plan. Connections occur at View Crest, Sierra Madre Avenue, Ninth Street, Palm Drive, and Citrus Avenue. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • Along Sierra Madre Avenue is a linear park with a multi-purpose trail that connects Azusa to the arroyo trail and the City of Glendora. • The Specific Plan does not provide a connection of Citrus Avenue between Sierra Madre Avenue and Foothill Boulevard in order to avoid creating a new arterial roadway through the middle of the development. • The Park Neighborhood relies on a romantic bent grid roadway pattern, which creates a series of interconnected streets allowing traffic to disperse into a variety of directions. • The Specific Plan encourages alternative forms of transportation by the Sierra Madre trail, arroyo trail, Promenade linear park, parkway separated sidewalks, and a street network that disperses traffic to create pedestrian friendly roadways. • The Specific Plan EIR provides a complete assessment, including mitigation measures, of potential traffic impacts on the surrounding streets. l l I 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 46 of 58 SCENIC HIGHWAYS ELEMENT GOALS 4. Provide a scenic road system serving a variety of transportation modes. 5. Provide enhanced recreational and commercial opportunities served by a system of scenic roadways. 6. Preserve and enhance the aesthetic resources within scenic corridors. Supporting Objectives • To establish a city wide scenic roadway system. • To encourage utilization of appropriate existing goals. • To protect and enhance aesthetic resources within corridors of designated scenic roadways. , To establish and maintain urban scenic highways to provide access to interesting and aesthetic manmade features, historical and cultural sites, and urban open space areas. • To provide a comprehensive Scenic Roadway Program which safely accommodates various forms of transportation compatible with scenic highway criteria and standards. • To develop and apply standards to regulate the quality of development within corridors of designated scenic roadways. • To improve the aesthetic qualities of scenic roadway corridors through the rehabilitation, renovation, and redevelopment of deteriorating areas along these routes. , To remove visual pollution from designated scenic highway corridors. • To encourage the development and use of aesthetic design standards for road construction or reconstruction for all designated scenic roadways. , To increase governmental commitment to the designation of scenic highways and protection of scenic corridors. , To encourage the fair distribution of social and economic costs and benefits associated with scenic highways. , To promote the use and awareness of scenic highway amenities for all segments of the population. The Specific Plan enhances Sierra Madre Avenue's status as a Scenic Highway. • The Specific Plan proposes to realign Sierra Madre Avenue to slow traffic and change the character of the street. Roundabouts are 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 47 of 58 designed at the east and west ends of Sierra Madre Avenue to indicate a change in roadway character is about to occur. • The north side of Sierra Madre Avenue will be primarily landscaped slope. In the Village Core, homes will front onto Sierra Madre Avenue. • The south side of Sierra Madre Avenue will have a linear park and multi-purpose trail. Landscaping will dominate the linear park while also respecting the view opportunities from the roadway and trail. • The proposed recreation facility and Village Core housing will front onto the south side of Sierra Madre Avenue creating a point of arrival at an activity center. • A bridge on Sierra Madre Avenue will cross the arroyo and arroyo trail. • The narrow cross-section of Sierra Madre Avenue is designed to slow traffic but maintain roadway capacity to accommodate commuter traffic. HOUSING ELEMENT GOALS 6. Conserve and improve the condition of the existing affordable housing stock. 7. Assist in the development of adequate housing to meet the needs of low-and moderate-income households. 8. Identify adequate housing sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income groups. 9. Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. 10. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color. Quantative Objectives • To conserve affordable housing available through the existing rental housing supply and mobile home dwellings (N=389). • To achieve the rehabilitation of 100 housing units during the time frame of mid-1984 through mid-1989. • To meet the rental housing assistance in existing housing units of 150 lower income households during the next five years. • To meet the owner housing assistance needs of first time buyers of moderate income in 100 newly constructed housing units. 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 48 of 58 • To achieve the production of 80 new rental housing units within the financial means of low-and moderate-income households. The Specific Plan creates new housing opportunities for a variety of people at different homeownership stages in their life. • The Specific Plan identifies a variety of housing products that range in size and price. Furthermore, the Promenade District has seven different building typologies. This variety in housing types, sizes, and prices provides homeownership opportunities for a variety of people in different stages of homeownership. • The Specific Plan includes housing products for the middle to upper income buyer. In the Promenade District, housing prices are anticipated to range from the low to high $200,000s. The Village Core may see housing prices from the mid-$200,000s to over $300,000. In the Park Neighborhood housing prices are expected to begin in the low $300,000s and extend well above $500,000. • The proposed housing products are for-sale residences. The only opportunity for rental housing is in the transit neighborhood where mixed-use development could have apartments over retail or office uses. SEISMIC SAFETY/PUBLIC SAFETY ELEMENTGOALS 5. Prevention of serious injury and loss of life. 6. Prevention of serious structural damage to critical facilities and structures where large numbers of people are apt to congregate at one time. 7. Insure the continuity of vital services and functions. 8. Education of the Community. Supporting Objectives • To reduce loss of life, injuries, and damage to property caused by seismic events and seismic-related conditions. • To reduce loss of life, injuries, and damage to property, and loss of natural resources caused by wildland and urban fires. • To protect life and property in the event of a natural disaster. • To prevent injury or loss of life and damage to property due [to] flood hazards. The Specific Plan used extensive geotechnical investigations to determine the appropriate locations for development that minimize risks to life and property. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 49 of 58 • A setback zone for the Sierra Madre Fault was identified and no houses are located within the setback zone. • Sierra Madre Avenue was aligned along an unnamed fault to provide appropriate setbacks for housing. • A setback zone for a second unnamed fault on the west side of the property north of Tenth Street prohibits the construction of habitable structures. • Geologists and geotechnical engineers conducted a liquefaction hazard analysis and determined that dirt in the lower portion of the property must be removed approximately 20 to 25 feet deep and recompacted to minimize potential liquefaction hazards. • The Specific Plan EIR contains an extensive geologic and geotechnical investigation, with appropriate mitigation measures to minimize risks to life and property. CONSERVATION ELEMENT GOALS AND OBJECTIVES 7. To protect, conserve, and manage the natural and scenic resources of the Azusa Planning Area. 8. To ensure an adequate supply of high quality water for local and regional needs by preventing the accelerated water loss due to high runoff and loss of groundwater recharge areas, and pollution, while protecting life and property with appropriate flood protection measures. 9. Conserve soils as a water-regulating medium as well as for the production of natural or other hillside vegetation. 10. To promote the retention of native or other vegetation wherever feasible for maximum water yield, air, and water quality, and flood hazard reduction. 11. To preserve adequate expanses of all major habitat types so as to maintain ecosystems in a natural balance for recreation, scientific, economic, educational and scenic purposes. 12. To secure a safe, healthful, and wholesome environment through careful planning for the preservation and utilization of natural resources and natural resource lands. The Specific Plan promotes conservation of natural resources. • Development of the Nursery property does not extend beyond existing nursery operations allowing for l 70-acres of natural open space to be preserved in perpetuity. • The arroyo provides a spiritual, visual, and physical connection through the new community to the mountains. The arroyo is a natural corridor located on top of a historic drainage canyon. The 04 1952514 Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 50 of 58 arroyo will function has a natural park with riparian habitat and a trail system connecting to the Garcia Trail. The trail will pass underneath Sierra Madre Avenue. • The arroyo provides a series of water quality basins planted with riparian habitat designed to foster groundwater recharge and biofiltration to remove urban pollutants from the storm runoff. • Development of the Monrovia Nursery property will require substantially less water use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will require substantially less electricity use than the existing Monrovia Nursery operations. • Development of the Monrovia Nursery property will reduce the amount of Particulate Matter 10 microns (PM,0 ) currently released from the Nursery site. The South Coast Air Basin is currently designated as a non-attainment area for PM 10 because of noncompliance with the State and Federal Clean Air Acts. Therefore, development of the Monrovia Nursery property will improve air quality. The Specific Plan EIR contains an extensive air quality analysis. • The Specific Plan includes a series of detention basins to minimize impacts from flooding. The EIR includes an extensive hydrology analysis that documents how the proposed development reduces the risk of flooding to surrounding properties. OPEN SPACE ELEMENT GOALS 5. To secure a safe, healthful, and wholesome environment through careful planning and preservation of open space resources. 6. To maintain the continued existence of valuable amenities which provide beauty, identity, and form to the community and to neighborhoods within the community. 7. To preserve or conserve valuable natural and cultural resources that have scientific, educational, economic and cultural value. 8. To contribute to the attainment of the State Legislature's open space planning goals and objectives and fulfill the responsibility that Azusa has to the geographic region it is located. Supporting Objectives • To protect examples of wildlife habitat by acquisition of as much open space land as economically possible and by prohibiting its development with incompatible uses. 04 1952514 I I Ordinance No. 04-1-A Monrovia Nursery Specific Plan and Zone Change Page 51 of 58 , To preserve the hillside topography and natural vegetation through land use regulations, which encourage the retention of the natural topography and control the degree of ground coverage by structures both on the hillside and in the arroyos and canyon bottom. • To promote the study, adoption and review of regulations designed to assure appropriate and safe development in hazardous development areas. These regulations should include control of elimination of mass grading, limitation on the intensity and density of land use, and prohibitions against any development projects except those which are designed for mountainous or irregular topography. The Specific Plan designates over 60 percent of the Nursery property for open space, park, cultural, and recreation amenities. • Parks were used to form and create the land plan instead of being an afterthought. The Park Neighborhood is designed to provide parks within the line of sight and within a five-minute walk from the residential neighborhoods. • Development of the Nursery property does not extend beyond existing nursery operations allowing for 170-acres of natural open space to be preserved in perpetuity in the foothills. • The Specific Plan provides for a variety of parks. Some parks are designed with ballfields and turf area for active recreation. Other parks are more passive in nature designed for viewing and sitting. Along Sierra Madre Avenue a linear park provides both view opportunities and trail connections between Azusa, the arroyo trail, and Glendora. The Promenade includes a linear formal park that offers views, community gathering opportunities, and spectacular landscapes. In total 18 acres of public parks will be dedicated to serve both the existing and new members of the City of Azusa. • A trail system is an important part of the Specific Plan. Every street has parkway-separated sidewalks to promote pedestrian activity. The realignment of Sierra Madre Avenue will include a new linear park and trail providing a trail connection between the City of Azusa and the City of Glendora. The arroyo includes a trail providing north/south access throughout all the neighborhoods. Furthermore, the Promenade District is designed as a walking district. • In addition to public parks, the Specific Plan includes a 2. 1-acre private recreation facility. This facility will provide a community room, pool, and other recreational amenities. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 52 of 58 • The Specific Plan celebrates the heritage of the Nursery by incorporating botanical garden themes and historic references to Nursery plantings. • A Great Park consisting of a 9.0-acre public school and 5.5-acre joint use park anchor the system of parks. The school is designed to accommodate students from kindergarten through eighth grade. • The Specific Plan provides 18 acres of park and recreation facilities, more than the 16.5 acres of parkland required by State planning law. NOISE ELEMENT GOAL 2. The principal goal of the City is to prohibit unnecessary and annoying noise from all sources in the community through the identification, control, and abatement of noise pollutants. Supporting Objectives , To continue present programs which prohibit unnecessary, excessive and annoying noise from sources which are subject to the police • • • power of the City. To use existing and future regulatory controls such ordinances, zoning restrictions, conditional use environmental impact reports ana precise plans identification, control, and abatement of noise. as noise permits, for the To coordinate with Federal, State, County and other governmental agencies in dealing with noise abatement. To provide information to the public regarding the potential impact of various noise sources and methods for abatement. The Specific Plan is designed consistent with the City's noise standards. • The Specific Plan EIR includes an extensive analysis of construction and operational noise impacts, including mitigation measures. COMMUNITY DESIGN ELEMENT GOALS 4. Provide guidelines for design treatments of public and private buildings which are aesthetic yet economically practical. 5. Promote community identity through the upgrading of existing landscaping, redesign of existing buildings and design treatments for new buildings, which are in keeping with community character. 6. Enhance the economic stability of the community's commercial and industrial businesses and encourage the attraction of new enterprises. Supporting Objectives 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 53 of 58 • To foster community identity and pride through design treatment. • To protect and enhance economic value of properties and encourage commercial business growth. • To ensure the proposed development will be properly related to its site and to surrounding sites and structures; to prevent the erection of structures, which are inharmonious with their surroundings. • To ensure that sites, projects and structures are developed with due regard for the aesthetic qualities of the natural terrain and landscape, and that trees and shrubs are not indiscriminately destroyed. • To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood. • To ensure that open spaces, parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses. • To develop design criteria for all commercial and industrial development, as well as residential projects of nine or more dwelling units. The Specific Plan includes community design criteria and architectural standards that celebrate Azusa's heritage and promote lasting value. • The Specific Plan has three neighborhoods based on planning principles that have held value over time. The world-renown landscape architect and planner, Frederick Law Olmstead, pioneered these principles. The Park Neighborhood is based on a romantic bent grid network formed around parks. The Village Core Neighborhood is designed as an activity center focused around the arroyo and private recreation facility. The Promenade District is patterned after the great walking streets of the world. Examples of local communities that were planned around these principles include Palos Verdes Estates, Beverly Hills, and the Vista Bonita neighborhood of Azusa. • In the Park Neighborhood, Village Core, and Promenade District all streets have parkway separated sidewalks and street trees, and a majority of the streets open onto parks. These amenities are shared by everyone in the community. • Architecture in all the neighborhoods de-emphasizes the garage. The living portion of the homes are pulled forward toward the street with outdoor living space such as porches, stoops, and balconies. This architectural design encourages neighborhood interaction, a 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 54 of 58 pedestrian lifestyle, and promotes safety by allowing for "eyes on the street." • The architecture in all three neighborhoods is based on heritage architecture from the San Gabriel Valley. Examples include Spanish Colonial, Craftsman, European Cottage, American Traditional, Monterey, and American Farmhouse. The Specific Plan identifies elements for each style that make the style accurate and recognizable. The Specific Plan promotes the "Simple House" concept, which encourages simple plan forms and elevations that reduce costs while providing authentic architectural form and massing. • The Specific Plan includes a landscape vision that celebrates the heritage of the Nursery. Incorporating botanical garden themes and historic references to Nursery plantings, the landscaping will be distinct and spectacular. HISTORIC PRESERVATION ELEMENT HEALTH AND WELFARE GOAL To provide for and maintain a safe, attractive and desirable living environment and to insure optimum health and well-being for all residents of Azusa. Supporting Objective , The aforementioned is the overall prime goal which establishes the justification for a Historic Preservation Element and all of the following objectives should be viewed as implementing this goal. PRESERVATION GOAL To preserve valuable natural and man-made resources that have scientific. educational, economic and cultural value. Supporting Objectives , Evaluate buildings to determine if they can be restored and brought up to Fire, Health, and Building Code standards. • Develop zoning bonus and development incentives which will serve preservation. , Develop an owner awareness program to inform property owners of tax programs and other preservation techniques. • Utilize Community Development Block Grants (CDBG) for low interest loans for preservation. 04 1952514 Ordinance No. 04-l-A Monrovia Nursery Specific Plan and Zone Change Page 55 of 58 • Pursue inclusion of sites on the National and State Registries of Historic Sites. • Conduct a community-wide survey to determine appropriate sites for preservation. , Develop a priority ranking to identify high, medium and low priority for preservation activities. • Evaluate capital improvement programs and public services which can be directed to historic preservation. • Pursue innovative techniques for historic site preservation such as architectural easements, conservation districts and development rights transfer. • Pursue federal and state grants-in-aid for site purchase and enhancement. • Investigate the feasibility of Bond Financing to finance purchase and enhancement of historical sites. • Continue to implement provisions in the California Environment Quality Act (CE.QA) requiring investigation and evaluation prior to development of all archaeological, paleontological, cultural and historical features. • Monitor proposed state and federal legislation relating to historic preservation; officially support same when appropriate. • Pursue private funding sources and programs as highest priority for site preservation. • Coordination with, and utilization of, the Community Redevelopment Agency as a vehicle for preservation activity. RESTORATION AND E.NHANCE.MENT GOAL To restore and enhance historical, cultural and other man-made features. Supporting Objectives • Evaluate buildings to determine if they can be restored and brought up to Fire, Health and Building Code Standards. • Utilize CDBG for low interest loans for restoration. • Evaluate Building, Fire and Health Codes to determine where they can be relaxed as an incentive to historic site restoration. • Evaluate capital improvement programs and public services which can be directed to historic site restoration and enhancement. • Pursue federal and state grants-in-aid for site purchase and enhancement. • Investigate the feasibility of Bond Financing for purchase and enhancement of historical sites. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 56 of 58 , Continue to implement CEQA to identify historical sites and mitigation measures for preservation and enhancement. • Pursue private funding sources and programs as highest priority for site restoration and enhancement. COMMUNITY IDENTITY GOAL To promote community identification and visual quality. Supporting Objectives • Identify and preserve sites which are significant in the past development and economy of the community and which foster the public's awareness of the cultural make-up of the community. COMMUNITY INVOLVEMENT GOAL To encourage opportunities for community involvement and participation. Supporting Objectives • Develop educational and information programs to make the public aware of historic sites and preservation activities. • New development should be related to existing development and historical/cultural resources in scale, material and character in order to maintain community, neighborhood and block identity. EDUCATION GOAL To encourage the educational and cultural enrichment of the residents of Azusa. Supporting Objectives • Develop public awareness programs (literature, work shops, lecture series, etc.), to make citizens aware of landmarks and preservation programs. • Utilizing CEQA and the public hearing process, educate and notify the public of development activities and potential impacts upon historic sites. PLANNING CONSISTENCY GOAL To foster consistency between the various general plan elements and the Historic Preservation Element. Supporting Objectives 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 57 of 58 • Evaluate the various general plan elements and zoning for possible inconsistencies with historic sites and preservation; amend the general plan where necessary. The Specific Plan includes measures designed to preserve and celebrate the Nursery's heritage and cultural resources to the maximum extent practical. • Historic resources, such as the Covina Canal and the Vosburg House, will be preserved to the extent feasible. While the potable water in the Covina Canal will be placed in an underground pipe, the open channel canal structure will remain and possibly used for storm drain purposes. The Vosburg House will remain on site and continue to function as Monrovia Nursery's headquarters. The Specific Plan EIR includes an assessment and mitigation measures for the cultural resources on-site. The Specific Plan is compatible with surrounding land uses and creates new great neighborhoods that benefit the entire community. Existing land uses are buffered. The Dhammakaya is buffered on the west by the Vosburg House; on the south by a roadway and landscaped detention facility, and on the north and east by a landscaped slope. The homes backing onto the Nursery in the Nob Hill neighborhood are buffered by a landscaped drainage course. The homes in Glendora that back onto the Nursery are buffered by a park and landscaped slopes. The homes that currently take access from Sierra Madre Avenue will be provided with a new private driveway. B. The Proposed Project will not adversely affect surrounding properties and is reasonable related to the public welfare of the citizens of the City and the affected area: An Environmental Impact Report with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on the future homes to be constructed on the site, surrounding sensitive land uses, and service systems. An impact to surrounding properties, which cannot be mitigated to a less-than-significant level, is the overall change in visual character of the site from agri-business to predominately residential. However, a Statement of Overriding Considerations has been adopted under a separate resolution. SECTION 5: The Zoning Map of the City of Azusa is hereby amended to reflect the change in zoning for the property located at 18331 E. Foothill Blvd. from R 1-10 and RA to SP-6 for the property known as the Monrovia Nursery. 04 1952514 Ordinance No. 04-I-A Monrovia Nursery Specific Plan and Zone Change Page 58 of 58 SECTION 6: The City Clerk shall certify the passage of this ordinance and shall cause the same to be published in compliance with Division 5, Article lll, Chapter 88 of the Azusa Municipal Code. Cristina ATTEST: Vera Mendoza, City Clerk C:::, EXHIBIT 1 SPECIFIC PLAN 04 1952514 EXHIBIT D 04 1952514 EXHIBIT D Mitigation Monitoring and Reporting Program for the Final Environmental Impact Report for the Monrovia Nursery Specific Plan and Project November 2002 INTRODUCTION The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation measures to minimize or eliminate potentially significant environmental impacts associated with project development. The Final EIR includes project-specific mitigation measures to reduce the potential environmental effects of the project. In order to ensure that the mitigation measures and project revisions identified in an EIR are implemented, a public agency is required to adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects (CEQA Guidelines Section 15097). The project-specific mitigation measures included in the Final EIR will be monitored by the appropriate reviewing agency described in Table 1 of this Mitigation Monitoring and Reporting Program. PURPOSE As noted above, monitoring of the implementation of adopted mitigation measures is required by Public Resources Code Section 21081.6. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with all of the mitigation measures identified in the Final EIR which would lessen or avoid potentially significant adverse environmental impacts resulting from implementation of the proposed project. The implementation of this MMRP shall be carried out by the City of Azusa and other agencies or entities (e.g., developer or consultants) specified below or designated by the City. Project-specific mitigation measures will be implemented: (1) prior to issuance of grading or building pennits; (2) prior to construction; (3) during the construction phase; and/or (4) during the operational phase. PROJECT DESCRIPTION The Monrovia Nursery Specific Plan and Project includes up to 1,575 dwelling units, 50,000 square feet of commercial uses, parks and open space, and a school on 281 developable acres. The land plan contains three planning areas: 1) the Promenade District, a more urban district anchored by a traditional "great walking street" and a light rail transit center that consists of a station and up to 50,000 square feet of transit-oriented development and residential uses; 2) Park Neighborhoods consisting of detached residences anchored by a series of neighborhood parks; and 3) the Village Core, consisting of housing anchored by a community recreation facility. A K-8 school, joint-use park, and utility and infrastructure improvements of the proposed project , including a new fire station, are also proposed. MMRP-1 04 1952514 RESPONSIBILITIES AND DUTIES The City of Azusa, as lead agency, is responsible for implementation of this MMRP and any revisions to the MMRP. Monitoring of mitigation measures has been assigned to specific agencies and/or entities with regard to their particular areas of expertise, as specified in Table 1. Many of these monitoring actions are included in existing policies, laws, and regulations, while others require additional oversight to ensure that mitigation measures are implemented by the developer or other specified parties. Monitoring will consist of determining whether: Specific issues were considered in the design development phase; • Construction contracts included the specified provisions; • Specific actions occurred prior to construction; and The required measures were implemented during construction and/or after implementation of the project. MONITORING PROCEDURES The designated individual or agency shall monitor all activities. The authority and responsibilities of the lead agency are described above. REPORTING PROCEDURES Upon the request of a responsible or trustee agency, a monthly report affirming compliance with these mitigation measures shall be provided by the City. An annual mitigation monitoring report shall be prepared for this project by the City of Azusa until compliance with the required mitigation measures is complete. The report shall be placed on file at the Azusa City Hall, 213 East Foothill Boulevard, Azusa, CA 90170. MMRP-2 04 1952514 0 Ii::,. 1-4 ~ (}'I ~ cri j..&, ;I:;. TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM FOR THE MONROVIA NURSERY SPECIFIC PLAN AND PROJECT ENVIRONMENTAL IMPACT REPORT Mitigation Measure AESTHETIC$ ANO.l/l$UALIMPACT$ AV1 AV2 AV3 Prior to construction of the Beatty Reservoir, detailed landscape plans for the Reservoir shall be submitted to the City for review and approval. The landscape plans shall include an earth tone color for the Reservoir and perimeter landscaping to screen the south, east and west exposures of the Reservoir. The northern exposure may remain open for access during construction. The fan palm trees along Palm Drive shall be retained in place to the extent feasible. Should geotechnical and/or noise mitigation measures require the removal of the palm trees, the trees shall be boxed and transplanted on the project site. To the extent feasible, the character of the treewlined Palm Drive shall be recreated with either transplanted or newly planted palm trees of a similar variety and size. Transplanting of the palms shall be in accordance with mitigation measure CR3 and CR4. Prior to issuance of a building permit for Lot 7511ocated north of Sierra Madre Avenue, south of existing residences, a focused visual analysis shall be conducted to minimize view impacts. Techniques such as lowering the pad elevation, restricting the height of the structure to one story, and structure placement on the lot shall be considered as means to minimize visual impacts. The techniques chosen must ensure that the existing homes on Sierra Madre retain a view. Prior to the construction of the Beatty Reservoir Prior to the issuance of grading permits Prior to the issuance of a building permit for Lot 751. MMRP-1 Applicant Applicant Applicant City of Azusa, Planning Division Parks and Recreation Department City of Azusa, Planning Division Parks and Recreation Department Cultural and Historic Preservation Commission City of Azusa, Planning Division 0 w:,.. i,..:. ~ 01 ~ Qt 1-J,.. w:,.. Mitigation Measure AIR QUALITY AQ1 AQ2 Where possible during construction, electricity from power poles shall be used rather than temporary diesel power generators. Residential builders shall install gas-burning devices, such as fireplaces, instead of wood-burning devices. CUL tURAL.RESOU~CES· CR1 CR2 CR3 The historical portion of the Vosburg House shall be preserved. An architectural historian shall document the historical portion of the structure ln compliance with CEQA and any other applicable laws. Based on this documentation and any other relevant substantial evidence, the City's Community Development Director shall determine the historical portion of the structure. The gates at the entry to the Nursery shall be preserved in place and/or relocated within the project site. If Palm Drive from Foothill Boulevard to the railroad tracks is impacted, in the event Palm Drive must be reconstructed to go underneath the rail tracks, the palms will be removed, stored in a secure location, and replanted elsewhere on-site upon the completion of roadway construction. Transplanting of the palms shall be in accordance with mitigation measure CR4. Prior to issuance of a building permit Prior to issuance of Building Permits Ongoing Prior to the issuance of grading permits Prior to removal of palm trees MMRP-2 Applicant Applicant Applicant Applicant Applicant City of Azusa, Building Division City of Azusa, Building Division City of Azusa, Planning Division Cultural and Historic Preservation Commission City of Azusa, Planning Division Cultural and Historic Preservation Commission City of Azusa, Planning Division Parks and Recreation Department Cultural and Historic Preservation Commission 0 ~ j,,.J. <:c U! ~ i::,;, j,,.;. w:;... Mitigation Measure CR4 Palms located in Palm Drive from the railroad to "I" Street will be removed, stored in a secure location, and replaced on-site once Palm Drive is reconstructed. The applicant will prepare and submit a Landscape Master Plan that is acceptable to the Community Development Director. The Landscape Master Plan shall specify the methods for transplanting the palms and will limit transplanting to those with a useful life of 10 years or more. In the event some are damaged or die during the transplanting, the Landscape Master Plan shall also identify the specifications for replacement of the palms. Replacement shall be at no less than a 1 :1 ratio and shall be Washington filifera. The Landscape Master Plan shall identify the appropriate size replacement palms. CR5 Prior to grading activities within 300 feet of Fairmount Cemetery, the developer shall work toward an agreement with Fairmount Cemetery Trustees to document access, stabilization through grading buttresses on the west side of the cemetery, and appropriate fencing. CR6 No grading on the Dhammakaya International Meditation Center property shall occur without written approval from the Trustees of the center. CR7 Vegetative clearing or grading for fuel modification within areas supporting native habitat shall be surveyed by a qualified archaeologist for surface artifacts. Any artifacts found will be curated in an appropriate location upon consultation with the Azusa Cultural and Historic Preservation Commission. Timing/Phase Responsible Party Monitoring Party Prior to construction of Palm Applicant City of Azusa, Planning Drive Divisions Parks and Recreation Department Cultural and Historic Preservation Commission Prior to issuance of grading Applicant City of Azusa, Planning permits Division Engineering Division Cultural and Historic Preservation Commission Prior to issuance of grading Applicant City of Azusa, Engineering permits Division Cultural and Historic Preservation Commission Prior to issuance of grading Applicant City of Azusa, Planning permits Division Cultural and Historic Preservation Commission MMRP-3 0 .i::.. ,... ,;:,c Ql ~ Ql j,..\. .i::.. Mitigation Measure CR8 A qualified archaeological monitor shall be present on the site throughout grading operations. At a minimum, the monitor shall observe grading operations for a period of not less than ten hours per week; however, if resources are identified, monitoring activities shall increase to not less than 15 to 20 hours per week. The on-site archaeological monitor shall have the authority to temporarily halt or divert grading operations if any significant archeological or historic resources are uncovered to allow evaluation, avoidance, preservation and/or removal of signlficant features or specimens, in compliance with CEQA requirements and in coordination with the City of Azusa and the project applicant. Upon completion of grading operations, a written report shall be submitted to the City documenting the actions of the monitors, quantifying any features or specimens identified, and the location of the collection, if any. CR9 Prior to the issuance of grading permits, the applicant shall enter into an agreement with a qualified Native American archaeological representative to provide general oversight of the archaeological monitoring activities on behalf of Native American interests. The Native American representative shall work with the archaeological monitor of record to identify and/or protect any Native American artifacts found on-site. CR10 If a previously unknown archaeological site is uncovered, the City of Azusa and the State Office of Historic Preservation shall be notified. CR11 If any human remains are encountered during construction, work in the immediate area· of the find shall be halted and the Los Angeles County Coroner shall be contacted. Timing/Phase Responsible Party Monitoring Party Grading activities Applicant City of Azusa, Planning Division Cultural and Historic Preservation Commission Prior to issuance of grading Applicant City of Azusa, Planning permits Division Cultural and Historic Preservation Commission During grading activities Applicant City of Azusa, Building Division Cultural and Historic Preservation Commission During grading activities Applicant City of Azusa, Building Division Cultural and Historic Preservation Commission MMRP-4 Q iJ,;z.. """" ~ CJ'! t,.:) <:Ji "'""' l,j;;a, Mitigation Measure Timing/Phase Responsible Party CR12 An architectural historian shall be hired to further evaluate Prior to issuance of any Applicant and document all standing structures built prior to 1952, grading permits including the Covina Canal, in context with the history of the site. The above-ground portion of the canal shall be retained. CR13 Further historical research and archeological test Prior to issuance of grading Applicant excavations shall be conducted at the sites of the 1910 permits residence (including the LAN-240 site), Cliff House and tunnel in order to determine if any portion of these sites remain intact or if any artifacts are present. If artifacts are found, they shall be curated in an appropriate location upon construction with the Azusa Cultural and Historic Preservation Commission. CR14 An archaeologist shall document characteristics and Prior to issuance of any Applicant historical background of the millstone. The stone itself grading permits shall be preserved on-site or may be donated to an approved museum. This mitigation measure will ensure that a historical record of the millstone is created and that this artifact is preserved and protected . . · .. ·· .. · .. ····•· ·.·• ... ·• · .... ·.·• .·.•.•··· .. •····· ·· .. ·.•/>··\···· )\·······<·····•</ /· .. >··· .. ····. , ••.•. >··>• GEOLQ~l<: RES()UR(:ES.AND tlAZARDS . ·. • · .... · <· •. /. .. · .> · ·.· .·· < > .• i . • .. ·· . < Geologic Materials and Soils GS1 Detailed soils analysis will be required as part of the Prior to issuance of grading Applicant grading plan. A specific evaluation of potential settlement permits hazards will be conducted. Mitigation of soils which are subject to significant settlement or collapse will be required through removal or removal and recompaction as an engineered fill, as directed by the City Engineer. MMRP-5 Monitoring Party City of Azusa, Planning Division Cultural and Historic Preservation Commission City of Azusa, Planning Division Cultural and Historic Preservation Commission City of Azusa, Planning Division Cultural and Historic Preservation Commission .• . ·.: .. y ...... City of Azusa, Building Division 0 w:::.. f,.,,I. c.c C)1 ~ C)1 f,.,,I. i,i;.. Mitigation Measure GS2 Soils shall be evaluated on a project-by-project basis, and appropriate mitigation recommended. If found, all compressible materials shall be removed and replaced as compacted fill (with the exception of peat, which shall be removed from the fills). The criteria for leaving surficial soils in place shall be consistent with the grading specifications of the City of Azusa. Other recommendations may include deep piles or caissons to support the structures, and/or in-place mechanical densification of compressible layers. GS3 If soils underlying a specific area on the proposed project area are determined susceptible to ground lurching, site- specific foundation recommendations shall be made to mitigate this hazard. An alternative mitigation measure shall be to remove and recompact the subsurface soils prone to ground lurching. GS4 If soils underlying a specific area on the proposed project area are determined to be highly expansive, impacts shall be mitigated by special foundations, such as post-tensioned slab foundations, raft foundations, or caissons. Seismicity GS5 New developments and construction shall be setback a minimum of 50 feet from any fault identified as "active" within the project site. All active fault lines shall be indicated on grading plans. GS6 New developments and construction shall comply with State seismic safety engineering requirements. Timing/Phase Responsible Party Monitoring Party Prior to issuance of grading Applicant City of Azusa, Building permits Division Prior to issuance of grading Applicant City of Azusa, Building permits Division Prior to issuance of grading Applicant City of Azusa, Building permits Division Prior to issuance of grading Applicant City of Azusa, Building permits Division Prior to issuance of grading Applicant City of Azusa, Building permits Division MMRP-6 Q ~ 1- 1:..C <:;l t.:) (:,l"I !,,-I, LI,:,. Mitigation Measure GS7 A setback zone shall be established along the Sierra Madre Fault consistent with the limits shown in the report titled Geologic Fault Investigation of the Rosedale Master Planned Community, Azusa, CA, May 29, 1997. A 50- foot setback shall be provided on the south of the fault, and a variable setback ranging from 50 to 550 feet shall be provided on the north side. No structures Intended for human habitation shall be permitted within the fault setback zone. GS8 Engineering design measures such as remedial grading, heavy reinforcement of foundations and concrete floor slabs, post-tensioned slabs, or a combination of these methods shall be used as directed by the City Engineer to mitigate the potential hazard of secondary ground cracking along the discontinuous bedrock faults and bedding planes observed in the regionally mapped location of the Upper Duarte fault. Timing/Phase Responsible Party Monitoring Party Prior to the issuance of Applicant City of Azusa, Building grading permits within 500 Division feet of the fault Prior to issuance of grading Applicant City of Azusa, Building permits Division MMRP-7 0 w::i.. ..... ~ <:';l ~ (:.;"! J.,.I. w::i.. Mitigation Measure GS9 The projection of Fault "C" shall be confirmed. Prior to the issuance of grading permits, the Applicant's engineering geologist shall compile the results of all past photogeologic analysis onto a project development geologic map (or maps) denoting the source (photo year, number, and frames) and nature (tonal contrast, vegetation, topographic, geomorphic, etc.) on an accompanying table. The geologist will then indicate which features are related to geologic features and which are man-made, erosion, animal trails, etc. including evidence, and perform such surface mapping (e.g., ravines, cut slopes) as may be appropriate. A summary report and map(s) will be provided to the City's engineering geology representative for review and approval. The City's engineering geology representative shall review the geologic data and photo-lineaments surrounding and related to Fault ~c". This shall include a review of the original aerial photographs of the relevant portions of the development area as deemed necessary. An opinion relative to which photo-lineaments appear to suggest faulting as the most reasonable interpretation will be developed, and further analyses or an investigation program to determine which of these features may be faults that pose a potential hazard to the development as planned will be recommended. The representative will then meet with the Applicant's engineering geology experts to discuss the opinions, and recommended analyses/investigations to the satisfaction of the City's engineering geology representative. Timing/Phase Prior to the issuance of grading permits MMRP-8 Responsible Party Applicant Monitoring Party City of Azusa, Building Division C ~ """' ~ i::;, ~ i::;, ~ ~ Mitigation Measure GS10 If the evidence generated by the review confirms the currently mapped location of Fault "C," no further action will be taken. If evidence generated from the review determines that Fault "C~ may trend more westerly, southerly, or in some other direction than previously mapped, then additional subsurface exploration shall be required to resolve the nature of the suspected trend(s). If subsurface exploration reveals that Fault "C" is sufficiently active and trends in a different location than previously mapped, the revised location(s) of the fault will be mapped and an appropriate setback zone (from habitable structures) wrn be delineated. This zone will be delineated at a sufficient number of locations to allow an accurate location of the surface trace(s) and to establish a suitable setback distance from the trace( s ), which shall not be less than 50 feet from habitable building foundations unless approved by a qualified certified engineering geologist. GS11 If the evidence generated by the review indicates that Fault "C" may trend north towards Sierra Madre Avenue, exploration with some combination of dozers, scrapers, or excavators shall be undertaken early in the grading stage of the project in the northwestern-most portion of the site. Depending on the results of this geotechnical investigation, the preliminary setback would be revised as appropriate. GS12 New developments and construction shall be setback 50- feet from identified "active" portions of Fault "C"should it be discovered to traverse through the site. Timing/Phase Responsible Party Monitoring Party .. Prior to the issuance of Applicant City of Azusa, Building grading permits within 500 Division feet of the fault Prior to issuance of grading Applicant City of Azusa, Building permits Division Prior to issuance of grading Applicant City of Azusa, Building permits Division MMRP-9 0 i,I;:.. ~ ,:.;. ~ ~ a'! i--,. .s;.. Mitigation Measure GS13 The projection of Fault "D" shall be confirmed. Prior to the issuance of grading permits, the Applicant's engineering geologist shall compile the results of all past photogeologic analysis onto a project development geologic map (or maps) denoting the source (photo year, number, and frames) and nature {tonal contrast, vegetation, topographic, geomorphic, etc.) on an accompanying table. The geologist will then indicate which features are related to geologic features and which are man-made, erosion, animal trails, etc. including evidence, and perform such surface mapping (e.g., ravines, cut slopes) as may be appropriate. A summary report and map(s) will be provided to the City's engineering geology representative for review. The City's engineering geology representative shall review the geologic data and photo-lineaments surrounding and related to Fault "D". This shall include a review of the original aerial photographs of the relevant portions of the development area as deemed necessary. An opinion relative to which photo-lineaments appear to suggest faulting as the most reasonable interpretation will be developed, and further analyses or an investigation program to detennine which of these features may be faults that pose a potential hazard to the development as planned will be recommended. The representative will then meet with the Applicant's engineering geology experts to discuss the opinions, and recommended analyses/investigations. Timing/Phase Prior to the issuance of grading pennits MMRP-10 Responsible Party Applicant Monitoring Party City of Azusa, Building Division Q ~ """ © ~ M en i,..i., ~ Mitigation Measure GS14 If the evidence generated by the review confirms the currently mapped location of Fault "0/ no further action is necessary. If evidence generated from the review determines that Fault "D" may trend more easterly, or in some other direction than previously mapped, then additional subsurface exploration shall be required to resolve the nature of the suspected trend(s). If subsurface exploration reveals that Fault QD" is sufficiently active and trends in a different location than previously mapped, the revised location(s) of the fault will be mapped and an appropriate setback zone {from habitable structures) will be delineated. This zone will be delineated at a sufficient number of locations to allow an accurate location of the surface trace(s) and to establish a suitable setback distance from the trace(s), which shall not be less than 50 feet from habitable building foundations unless approved by a qualified certified engineering geologist. Conversely, if it is detennined that Fault "D" does not qualify as an active fault, the corresponding setback zone will be removed from the map elitirely. Ground Shaking GS15 All structures built on the project site shall be required to comply with the most current seismic building code standards. GS16 A detailed evaluation of proposed soil removals ( area, depth) shall be performed to identify potential landslide areas. Remedial measures will be developed and implemented as required by the City Engineer. Timing/Phase Responsible Party Monitoring Party Prior to issuance of grading Applicant City of Azusa, Building Permits Division Prior to the issuance of Applicant City of Azusa, Building grading permits for areas Division north of Sierra Madre Prior to issuance of grading Applicant City of Azusa, Engineering permits Division MMRP-11 0 l,j;;,,. ~ ,:,0 c:Jl ~ c:Jl ~ ~ Mitigation Measure Seismically Induced Landslides and Flooding GS17 Slope stability analyses shall be performed, and remedial measures shall be developed and incorporated upon preparation of the project grading plan. This mitigation measure will allow identification of appropriate debris fencing and/or landslide stability measures to protect homes from landslides as a result of a seismic event. GS18 Appropriate flood control planning and design which consider the existence of these potential water and debris sources in addition to normal design flow and bulking factors shall be incorporated. This mitigation measure will allow identification of engineering measure.s to minimize the potential for impacts to homes from flooding as a result of a seismic event. Debris Flow and Rock Fall GS19 Prior to the issuance of grading permits, the Applicant shall submit final grading plans and supporting technical documentation that indicate the complete boundaries of the debris flow zones presently designated as A, 8, and C. The grading plans and associated final geotechnical and engineering geology reports shall also indicate the preferred methods, such as debris fences, trenches, basins, or other engineering methods that will be used to satisfactorily protect adjoining homes and structures from potential debris flow. The zone designations and mitigation measures shall be reviewed and approved by the City's engineering sgeology and geotechnical representative. This mitigation measure will ensure that recognized engineering measures are implemented to ensure a level of safety consistent with the construction of homes. Timing/Phase Responsible Party Monitoring Party Prior to issuance of grading Applicant City of Azusa. Engineering permits Division Prior to issuance of grading Applicant City of Azusa. Engineering permits Division Prior to the issuance of Applicant City of Azusa, Engineering grading permits Division MMRP-12 0 ~ f,,,I. ,:.0 QV t.:, (:/1 i,.a., i,J:;;,. Mitigation Measure Liquefaction GS20 GS21 Prior to the issuance of grading permits, the Applicant shall submit final grading plans that indicate the areas where liquefaction hazards are expected. The grading plans and associated final geotechnical and engineering geology reports shall also indicate the preferred engineering techniques, such as removal and recompaction, dewatering, deep vibro-compaction, stone columns, or other suitable engineering methods that will be used to satisfactorily protect all structures from liquefaction hazards. The liquefaction area designations and mitigation measures shall be reviewed and approved by the City's engineering geology and geotechnical representative. Prior to construction of any railroad crossings at Palm Drive and Citrus Avenue, project design plans and associated reports shall be provided to the railroad owner and operator for review and approval. HAZN{tiOU$MAT.E~IA1..S HM1 Prior to the removal of any structures, the applicant shall update the asbestos and lead paint surveys of all structures on site built prior to 1988. Where asbestos containing materials (ACM), lead sheeting and/or lead- based paint exceed regulatory action levels, appropriate abatement and management techniques shall be developed and implemented. All materials containing lead shall be removed and disposed of by a licensed lead-based materials contractor in accordance with State law. All material identified as containing asbestos shall be removed and/or encapsulated by a licensed asbestos abatement contractor as provided by the provisions of Rule 1403 of the South Coast Air Quality Management District Rules and Regulations. Timing/Phase Prior to the issuance of grading permits Prior to issuance of grading permits Prior to issuance of demolition permits MMRP-13 Responsible Party Applicant Applicant Applicant Monitoring Party City of Azusa, Building Division Engineering Division City of Azusa, Building Division City of Azusa, Building Division 0 ~ i,.... <:c Ul t..:l w j,,.I. ~ Mitigation Measure Timing/Phase Responsible Party Monitoring Party HM2 Prior to removal of any electrical transfonners or Prior to issuance of Applicant City of Azusa, Building fluorescent light fixtures manufactured before 1979, a demolition permits Division survey shall be conducted of each unit. The owner or Engineering Division responsible party for each unit to be removed shall hire a licensed contractor to conduct visual inspections to determine if the unit is leaking. The contractor shall then remove the polychlorinated biphenyls (PCB)-containing units in a manner consistent with State law. If leaks are detected, sampling of the surrounding soil shall be conducted and any contaminated soil removed in accordance with the law. HM3 During building demolition activities the oil-water During building demolition Applicant City of Azusa, Building separator/sump located in the diesel garage {Building #2) Division shall be removed and inspected for signs of leakage. If visible signs of leakage are present, soil sampling shall be conducted and any soil with chemical levels higher than the health-based clean-up levelsHBCLs shall be removed and hauled to an approved disposal site. HM4 The total petroleum hydrocarbons (TPH)-impacted soil in Prior to the issuance of Applicant City of Azusa, Building proximity to the asphalt emulsion tanks shall be wetted grading permits Division prior to removal, and a backhoe should be used to excavate the soil. Upon completion of excavation, confirmation soil samples shall be collected to verify the effectiveness of the remediation. Excavated soil shall be placed in a covered bin, and taken off-site for disposal by a licensed waste hauler, in accordance with applicable state and federal regulations. MMRP-14 Q ii::.. """ (!C .:;, ~ c:Jl !,,,d. ii::.. Mitigation Measure HM5 HM6 If areas of odorous or discolored soil are observed during site grading activities, grading will cease in the suspect area pending collection and analysis of soil samples. Soil sampling results will be compared to HBCLs, or Environmental Protection Agency Region IX Preliminary Remediation Goals (PRGs) to evaluate whether spot soil excavation is advisable. Spot soil excavation will be conducted in general accordance with the excavation procedures identified for the asphalt emulsion tank area. All work will be conducted in accordance with generally accepted industry standards and protocols and documented appropriately. Prior to the issuance of grading permits for the area where the closed landfill is currently located, the project applicant shall demonstrate that necessary permits have been obtained from the appropriate regulatory agencies and complied with to the extent that land disturbance in the area of the former landfill would be authorized. LANl)llSl:.ANDPI..ANNING NOISE N1 N2 Site grading shall be balanced to eliminate haul truck trips associated with the import or export of earth material. Haul trucks shall use City approved haul truck routes, as shown in the General Plan Circulation Element Truck Route Map, when traveling to and from the project site. Construction contracts shall specify that all construction equipment shall be equipped with mufflers, radiator baffles and other suitable noise attenuation devices. Timing/Phase Construction phase Prior to the issuance of grading permits Prior to issuance of grading permits Prior to issuance of grading permits MMRP-15 Responsible Party Applicant Applicant Applicant Applicant Monitoring Party City of Azusa City of Azusa City of Azusa, Engineering Division City of Azusa, Building Division 0 iJ;:;.. i,..i. ~ ~ ~ ~ i,..i. w:;.. Mitigation Measure N3 Pursuant to City of Azusa Municipal Code Section 88- 675(c)(3), noise generated by construction equipment shall not exceed 85 dBA at a distance of 100 feet from the operating equipment Additionally, construction activities shall not occur between the hours of 6:00 p.m. of one day and 7:00 a.m. of the next day. N4 Construction operations shall be staged as far from noise- sensitive land uses as possible. NS All residential units and schools located within 500 feet of the construction site shall be sent a notice regarding the construction schedule of the proposed project All notices shall indicate the dates and duration of construction activities, as well as provide a telephone number where residents can inquire about the construction process and register complaints. N6 If grading equipment will operate more than three consecutive work days within 100 feet of sensitive receptors, such as residential structures, schools, or the Dhammakaya International Meditation Center, temporary noise walls at least 12 feet high shall be constructed between the construction activities and the sensitive receptors unless waived by all contiguous sensitive receptors. N7 Prior to issuance of building permits for the proposed project, an interior noise analysis compliant with the California Code of Regulations (CCR), Title 24, Noise Insulation Standards will be required. Timing/Phase Responsible Party Monitoring Party Prior to issuance of grading Applicant City of Azusa, Engineering permits Division Prior to issuance of grading Applicant City of Azusa, Engineering permits Division Prior issuance of grading Applicant City of Azusa, Engineering permits Division Prior to issuance of grading Applicant City of Azusa, Engineering permit Division Prior to the issuance of Applicant City of Azusa, Building building permits Division MMRP-16 Q ~ """" ~. !;.,"'I w al """" ~ Mitigation Measure NS Any one of the following three mitigation measures could be implemented to reduce project-related noise impacts: NS(a) Palm Drive shall be lowered below the elevation of the railroad tracks and Citrus Avenue shall cross the railroad tracks at-grade. This would require the removal of the existing Palm Trees and the construction of retaining walls up to 20 feet in height N8(b) The railroad tracks shall be lowered and crossing grade-separated at both Palm Drive and Citrus Avenue. The railroad would be depressed approximately 20 to 25 feet. Vegetated slopes and/or retaining walls would line both sides of the railway. This would eliminate the existing at-grade crossing at Palm Drive and the need for a horn signal. This would also avoid an at-grade crossing at Citrus Avenue. A horn signal may still be required near Citrus Avenue if a rail station is constructed. However, the station platform and the tracks would be depressed 20 to 25 feet. NS(c) The railroad tracks shall be raised approximately five to seven feet and crossing shall be grade- separated at both Palm Drive and Citrus Avenue by lowering both streets so they pass underneath the railroad tracks. An earthen berm or other measures suitable to visually buffer the elevated tracks from the existing residences to the south shall also be installed. Timing/Phase Prior to issuance of grading permits MMRP-17 Responsible Party Applicant Monitoring Party City of Azusa, Engineering Division 0 I,&.,. ,...., ~ Qv M ~ 1-,1\, ~ Mitigation Measure . ,, . ·. ·.; .. "· · ... ·--'· ·,. >.: ''.(.· ·. . /,;:,_,-i> ·.· .. . ...... PUSI.ICSERVICES . > . / ··,: .· .· Fire Protection and Emergency Services PS1 The applicant shall pay fire development impact fees consistent with the adopted fee schedule. The applicant shall work with the LAC FD to dedicate land for a new fire station in-lieu of required development impact fees. PS2 Prior to the issuance of grading permits, the applicant shall submit conceptual fuel modification plans to the LACFD for review and approval. Police Protection PS3 Prior to the issuance of building permits, the City or developer shall consult with the Azusa Police Department to implement a construction security plan. Public Schools None required Parks and Recreation None required Other Public Services None required 81()LOGICALAl'IO AG!liCl)LfUIW..REStiURCES •.•.. • ... ·. ·· ..... · ..• BR1 Drainages under the United States Army Corps of Engineers jurisdiction (0.01 acre of ephemeral channel) shall be replaced at a ratio of 1 :1, which will take place in the riparian corridor proposed for the project. Timing/Phase Responsible Party Monitoring Party > •. •. >t .···.<·•: • < ./< . . . ./< •• < . / . ···. ··.· .. · .. ·· .• Prior to recordation of a Applicant City of Azusa, Planning subdivision map for the fire Division station area Prior to the issuance of Applicant City of Azusa, Engineering grading permits Division Prior to the issuance of Applicant City of Azusa, Planning building permits Division N/A N/A N/A N/A N/A N/A N/A N/A N/A >·•··• \.}>···· .. ·.< .•···c.:•;·( •····.••<·· Y;•······ .. · .. /·· .·····•···.•· <·· .. , ,,","> ,', ,, >':, , :/:' ',:, :ii,'-';: --:, :':C'>i, ,' ', Prior to impacts to US Army Applicant City of Azusa, Planning Corps of Engineers Division jurisdiction MMRP-18 0 ~ i,- <:C· ~ ~ eJ1 j,,,0- ~ Mitigation Measure BR2 The project shall be required to obtain a California Department of Fish and Game Section 1603 Streambed Alteration Agreement and a Los Angeles County Regional Water Quality Control Board Section 401 Water Quality Certification for0.01 acre of impact to "Waters of the U.S. and the State." In addition, impacts must be disclosed to the United States Army Corps of Engineers within 30 days of project completion pursuant to Nationwide Permit #39. BR3 Riparian habitat shall be constructed to receive nuisance flow from developed areas of the site. This constructed habitat will serve the dual purpose of mitigating for impacted habitat and providing water quality benefits. This mitigation measure will allow the replacement and enhancement of 0.01 acre of "waters of the U.S. and the State" impacted by the project and allow water quality management to urban runoff. BR4 Prior to implementation of fuel modification in areas of coastal sage scrub/chaparral, a qualified biologist shall conduct surveys in May or June for Plummer's mariposa lily. If individual specimens are identified in the proposed fuel modification area, the plants shall be flagged and avoidance measures will be determined as appropriate by the project biologist. Fuel modification shall be timed or configured to avoid any potential impacts to this species. BR5 Impacts to California black walnut trees associated with approximately 0.79 acre to be impacted by construction of a municipal water tank will be replaced at 1 :1 for each California black walnut tree impacted. The walnut woodland will be replaced within the riparian corridor or other suitable areas on the project site. Timing/Phase Responsible Party Monitoring Party Prior to impacts to CDFG Applicant City of Azusa, Engineering and RWQCB jurisdiction Division Prior to recordation of a Applicant City of Azusa, Engineering subdivision map or issuance Division of any grading permit Prior to issuance of grading Applicant City of Azusa, Planning permits Division Prior to the issuance of Applicant City of Azusa, Parks and grading permits or Recreation Department recordation of a final subdivision map, whichever occurs first MMRP-19 0 ~ f,,,.I. ~ °' M av I-, ~ Mitigation Measure BR6 BR7 Prior to issuance of a grading permit, or recordation of a final subdivision map, whichever occurs first the Applicant shall prepare an assessment of coast live oaks and Engelmann oaks to identify candidate trees suitable for transplanting per recognized arborist practices. Any impacts to coast live oaks and/or Engelmann oaks shall be mitigated at a replacement ratio consistent with Los Angeles County standards. Trees determined healthy for relocation shall be relocated within the riparian corridor or other suitable areas on the project site. Others shall be replaced. To ensure compliance with the provisions of the Migratory Bird Treaty Act, clearing of native habitats for grading or for fuel modification shall be performed outside of the avian nesting season (March 15 -July 31). If it is necessary to clear habitat during this period, areas to be cleared shall be surveyed by a qualified biologist for active nests. If active nests are identified, clearing shall wait until the fledglings have departed the nest. A qualified biologist shall survey for raptor nests within 200 feet of the proposed grading limits prior to clearing, and no mechanized work shall be allowed within the buffer until the fledglings have departed the nests. UTILITIES AND SERIIICESYSTEM$. U1 The proposed project shall include provisions for recycling to reduce the waste stream associated with the project in accordance with the Integrated Solid Waste Management Act of 1989 (AB 939). Timing/Phase Prior to the issuance of grading permits or recordation of a final subdivision map, whichever occurs first Prior to issuance of grading permits and prior to vegetative clearing Prior to the issuance of the first occupancy permit MMRP-20 Responsible Party Applicant Applicant Applicant Monitoring Party City of Azusa, Parks and Recreation Department City of Azusa, Planning Division City of Azusa Light and Water Department 0 .i;;... .... ~ C,11 ~ i"j1 i,.... ~ Mitigation Measure 'l"RANS~'QR.'l"A'l"IO.N..AND'i'RAf'FIC TT1 TT2 TT3 TT4 TT5 Prior to issuance of building permits, the applicant shall conduct a Project Impact Sensitivity Evaluation to determine the level of development that will necessitate the implementation of the intersection improvements listed in TT2 through TT16. If Phase II of the Gold Line commuter rail is a reasonably foreseeable project based on documentation available when the Sensitivity Evaluation is commenced, the Sensitivity Evaluation shall account for the projected ridership on the Gold Line. Todd Avenue at Foothill Boulevard: Re-stripe the southbound approach to provide an option left-through lane and two exclusive right-turn lanes. These improvements will require modifications to the traffic signal to implement a split-phase in the north-south direction. Azusa Avenue at glh Street: Install a two-phase, semi- actuated traffic signal and implement all related signing and striping modifications. San Gabriel Avenue at Foothill Boulevard: Re-stripe the westbound approach to provide a second westbound left- turn lane, while maintaining the two through lanes. This improvement will require a modification to the existing raised median on the east leg of the intersection. Azusa Avenue at 1s1 Street: Re-stripe the eastbound approach to provide an exclusive eastbound right-tum lane, while maintaining the through lane and left-turn lane. This improvement will require the elimination of the raised median on the west leg. In addition, re-striping on the east leg will be required to minimize through lane offsets. Prior to the issuance of first building permit Following the approval of the Specific Plan and Tentative Map As determined by the study in TT1, but no later than the issuance of the 1 ooolh building permit As determined by the study in TT1, but no later than the issuance of the 10001h building permit As determined by the study in TT1, but no later than the issuance of the 1 ooolh building permit MMRP-21 Applicant Applicant Applicant Applicant Applicant City of Azusa, Engineering Division City of Azusa, Engineering Division City of Azusa, Engineering Division City of Azusa, Engineering Division City of Azusa, Engineering Division Q ~ (,,,,1,, C.C· <:.n w O'! (,,,,1,, ~ Mitigation Measure TT6 1-210 WB Ramps at 1'1 Street/Alameda Street: Re-stripe the eastbound approach to provide an exclusive eastbound right-turn lane, while maintaining the two through lanes and single left-turn lane. TT7 Azusa Avenue at 1-210 EB Off-Ramp: Re-stripe the eastbound approach (Le., 1-210 Off-Ramp) to provide an exclusive eastbound left-turn lane, a shared left-right lane, and an exclusive right-turn lane (from two left-turn Janes and one right-turn lane). TTB Azusa Avenue at Gladstone Street: Re-stripe the northbound approach to provide an exclusive northbound right-tum lane. This improvement will require the loss of approximately three on-street parking spaces along the east side of Azusa Avenue, south of Gladstone Street. TT9 Azusa Avenue at Arrow Highway: Re-stripe the eastbound approach to provide a second eastbound left- turn lane and an exclusive eastbound right-tum lane, while maintaining the two eastbound through lanes. No Joss of parking or street widening will be required. TT10 Stein Lane at Foothill Boulevard: Install a two-phase, semi-actuated traffic signal and implement all related signing and striping modifications. TT11 Citrus Avenue at Alosta Avenue: Re-stripe the westbound approach to provide a second westbound left-tum lane. This improvement will require the modification of a raised median on the east leg, as well re-striping the east leg to minimize through lane offsets. The raised median on the south leg will need to be modified to accommodate the dual westbound left-tum movements. Timing/Phase Responsible Party Monitoring Party As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1 ooo!h building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 10001h building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 10001h building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1000th building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1 ooo• building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1000th building permit MMRP-22 0 iJ;:,. """"' c:C; CJ1 ~ 01 !-A, u:.. Mitigation Measure TT12 Citrus Avenue at Mauna Loa Avenue: Install a semi- actuated traffic signal and implement all related signing and striping modifications. TT13 Citrus Avenue at Baseline Road: Re-stripe the westbound approach to provide an exclusive westbound right-tum lane. TT14 1-21 O WB Off-Ramp at Baseline Road: Install a fully actuated traffic signal and implement all related signing and striping modifications. TT15 Citrus Avenue at 1-210 EB Ramps: Widen the eastbound off-ramp to provide dual left-tum lanes. The eastbound off-ramp has a paved width of 28-feet and an existing right-of-way of 48-feet wide. Hence, this improvement can be accomplished without requiring additional right-of- way, but will require widening on both sides. In addition, this improvement will require modification of the existing signal and striping improvements. TT16 Palm Drive at 1 Qlh Street: Install stop signs and all associated striping modifications to implement an all-way sign stop controlled intersection. This improvement will act as a traffic-calming measure within the existing residential neighborhood. I· POPULAflON, HOUSING,AND EMPLOYMENT .··•··•• > i None required Timing/Phase Responsible Party Monitoring Party As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 10001h building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1000th building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1000th building permit As determined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1 ooo!h building permit As detennined by the study Applicant City of Azusa, Engineering in TT1, but no later than the Division issuance of the 1 ooo!h building permit .... · .. · .. ··.· \ J >> > > : i< .· .. · ••. ;< •. . ,:', > ',:' ': ' ', :', ' : '-' '' ", : ', N/A N/A N/A MMRP-23 Mitigation Measure WATER RESOURCES WR1 WR2 WR3 The groundwater contour map prepared by John M. Tettemer & Associates for the Monrovia Nursery Company (1995) shall be used as appropriate to determine what necessary subdrain facilities are required, if any, to maintain groundwater levels below points which eliminate the potential for surface seepage or interference with building foundation. The water currently located in the Covina Canal shall either be placed in an underground pipe or the Covina Canal shall be fenced to minimize unauthorized access. Prior to grading, the applicant shall file a Notice of Intent (NOi) with the State Water Resources Control Board and prepare a Storm Water Pollution Prevention Plan (SWPPP) consistent with the City's municipal storm water permit. The SWPPP shall include construction and post- construction best management practices to manage water quality during and after construction. Prior to the issuance of grading permits for the area specified in the study Prior to issuance of grading permit Prior to issuance of any grading permits. MMRP-24 Applicant Applicant Applicant City of Azusa, Engineering Division City of Azusa, Engineering Division City of Azusa, Engineering Division EXHIBIT E Intentionally Omitted 04 1952514 EXHIBIT F 04 1952514 Legend Park Neighborhoods ~ 7 ,200+ Blod<:S S 5 .000+ Blocks 4 ,000+ Blocks -Vltlage: Co~e Neighborhood Promonacte: mstrict Garden Court Neig.hbOfht)t)d (up to 12 dwellmgs per acre) Great Park Neighbort1ood (up to 21 dwellings per 8cre') Transit Neighborhood (up to 25 dwe!Hngs per acre) School Park Ope,11 Sp,ace1S1o.pe, Fwiher study will be c.omp!eted to determine whether 1 ou, Street ls connected. 04 1952514 EXHIBIT G 04 1!152514 EXHIBIT G MONROVIA NURSERY SPECIFIC PLAN AREA PUBLIC FACILITIES FINANCING PLAN This Monrovia Nursery Public Facilities Financing Plan ("Financing Plan") outlines the basic tenns and conditions pursuant to which the City and Owner will cooperate to establish a Community Facilities District ("CFD") pursuant to Mello-Roos Community Facilities Act of 1982 within Government Code Section 53311 et seq for the acquisition and/or construction of public improvements applicable to the Project. The principal goals of the Financing Plan are to: • Establish a CFD consistent with the existing City Debt Policy for Land Based Financings dated December 17, 2001. • Establish a plan so that the Owner has reasonable certainty as to how the CFD may be implemented. • Provide for the issuance of CFD bonds in series in order to minimize carrying costs, avoid levying special taxes on nursery operations, and improve overall bondholder security .. In the event the use of a CFD is not available for the Project's use do to unforeseen changes in state law, the City will cooperate in using the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 in the Streets and Highways Code to acquire or construct the public improvements described herein. Capitalized terms not otherwise defined in the Financing Plan, shall be defined as provided in the Agreement to which this Financing Plan is an exhibit thereto. 1. Formation. The City will initiate proceedings to form the Project CFD. The Owner shall advance the required cost of forming the Project CFD subject to reimbursement of the amount advanced and Owner's reasonable costs and expenses in connection with the fom1ation out of the first available CFD bond proceeds or special taxes. The City agrees to use best efforts to complete the Project CFD proceedings and record the special tax lien within I 80 days following Owner's request to commence proceedings. 2. Boundary. The CFD boundary shall solely encompass the Project. If requested by the Owner, the Project CFD may contain multiple improvement areas and/or tax zones. 3. Authorized Improvements. The CFD shall be authorized to finance all City on-site and off-site public improvements ("Facilities or Facility"), City capital improvement fees and other Owner cash contributions for City improvements required by the Project's conditions of approval or the Agreement ("Contributions"). Costs of the C:\Documents and Settings\ctoscano\Local Settings\Temp\CCDevAgmtCFDexhibitGFinal.DO<{) 4 19 5 2 514 57848-00030-1387919.3 Facilities to be constructed by Owner that are eligible to be financed in the CFD are as follows: a. The actual hard costs for the construction of a Facility, including labor, materials and equipment costs; b. The costs incurred in designing and preparing the plans and specifications for a Facility; c. The costs of environmental evaluation of or relating to the Facility; d. Fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for a Facility; e. Costs of construction management and supervision; f. Professional costs associated with the Facility, such as engineering, legal, accounting, inspection, construction staking, materials and testing and similar professional services; g. Costs directly related to the construction of a Facility, such as costs of payment, performance and/or maintenance bonds and insurance costs; h. The value of any real property or interests therein that is required for the construction, maintenance or operation of a Facility provided such real property is not required to be dedicated pursuant to the Agreement; and 1. City administrative costs of the CFD. Discrete components of the Facilities consisting of usable segments and various cost categories relating to such segments may be funded by the CFD. Examples of cost categories consisting of discrete components are as follows: Streets • Planning, design, engineering and permitting; • Grading; • Paving (other than final lift, asphalt cap, curb, gutter, lighting and dry utilities); • Sidewalks; • Real property costs; and • Final lift, asphalt cap and other final completion items and remaining soft costs. Wet Utilities (Sewer, Water, Reclaimed Water, Storm Drain) • Planning, design, engineer and pennitting; • Grading and trenching; • Installation of cham1els, pipes, basins, rip rap and other structures; C:\Documents and Settings\ctoscano\Local Settings\Temp\CCDevAgmtCFDexhibitGFinal.DOC 57848-00030-1387919.3 04 1952514 • Real property costs; and • Final completion items and remaining soft costs. Parks and Trails • Planning, design, engineering and permitting; • Grading; • .Installation of irrigation, landscaping, parking facilities, play and recreation equipment, bathrooms and other structures; • Real property costs; and • Final completion items and remaining soft costs. Facilities and Contributions may be financed as payment requests are submitted based on actual cost without prioritization. Facilities and Contributions may be authorized to be financed with the CFD bond proceeds and special taxes of more than one improvement area. If Owner or its designee serve as construction manager on Facilities and/or Contributions, such entity shall be paid a management fee of 5% of the contract prices of all contracts managed by such entity. 4. Receiving Agencies. The City agrees to assume responsibility for the ownership, operation and maintenance of the completed public improvements acquired or constructed with CFD bond proceeds provided that such improvements are reflective of the type of improvements which are typically owned, operated and maintained by the City. Furthermore, the City agrees to cooperate and pursue intergovernmental agreements with other public agencies such as the Azusa Unified School District, if applicable, to secure ownership, operation, and maintenance of completed public improvements acquired or constructed with CFD bond proceeds which are typically not owned, operated, and maintained by the City. School facilities would be included as a "Contribution" if included in the City CFD. Alternatively, if AUSD is the lead agency in the formation of a Project CFO, the City agrees to cooperate in securing an intergovernmental agreement with AUSD so that City-related public improvements can be acquired and/or constructed by such CFD. 5. Financing Criteria. The City will assist in issuing Project CFD bonds in one or more series to acquire or construct the Facilities and Contributions using the following parameters: (i) a precondition to the issuance of bonds shall be that the value of the real property subject to special taxes required to repay the bonds shall be at least 4 times the amount of the bonds and any other land-secured debt ( excluding any proceeds of the bonds to be deposited in an escrow fund), provided, however, the City and its bond counsel does not view such ratio as posing unusual credit Iisk. In order to reduce issuance, administrative and interests costs, provide certainty as to the availability of the proceeds of the bonds to fund the Facilities and Contributions and facilitate efficiency in such funding and the construction of the Facilities and Contributions, bonds may be issued and a portion of the proceeds escrowed pending increases in the value of property subject to special taxes to achieve a 4: 1 value to lien ratio, (ii) bond tenns of up to thirty-three (33) years but not less than thirty (30) years, (iii) up to twenty-four (24) months' capitalized interest, (iv) total effective annual tax rates paid by the ultimate users of residential property shall not exceed 2% of the estimated sales piices at the time ofCFD formation, (v) special taxes and C: \Documents and Settings \ctoscano \Local Settings\ Temp \CCDev AgmtCFDexhihitGFinal.DOCO 4 57848-00030-!387919.3 1952514 bond debt service may escalate up to 2% per year, (vi) special taxes may be segmented based on residential house size categories with larger homes having larger special tax amounts than smaller homes to account for the general public improvement benefits, (vii) the amount of each CFD bond issue shall be determined by using $25,000 in priority administrative costs and 110% debt service coverage, (viii) the backup special tax shall apply to the ultimate users of residential property, (ix) full or partial prepayment of the special taxes shall be permitted, and (x) special taxes, at the Owner's sole election, may be levied at I 00% of the assigned special tax rate on each parcel of developed property in each fiscal year in which the special taxes are levied and collected to pay debt service on the Project CFD bonds or until payment of all approved payment requests, acceptance of all Facilities and submittal and approval of payment requests for all Facilities, whichever is earlier. The City shall establish a discrete, interest-earning special fund, designated the "Surplus Taxes Fund," concurrent with the Project CFD's first receipt of surplus special taxes. The District shall deposit in the Surplus Taxes Fund all surplus special taxes received by it. Funds shall be disbursed from the Surplus Taxes Fund to fund payments of approved payment requests to the extent insufficient funds are on deposit in any improvement fund to fully pay such payment requests. In the event the amount in the Surplus Taxes Fund is insufficient to pay the amount of an approved payment request, the Project CFD shall maintain a record of the outstanding amount of all unpaid payment requests and all disbursements from the Surplus Taxes Fund to pay such unpaid payment requests in whole or in part. Any unpaid payment requests existing following the last fiscal year in which the special taxes are authorized to be levied to pay debt service on the first series of Project CFD bonds shall be forgiven. 6. Bond Release and Fee Credits. The City agrees to relieve Owner or its designee of any improvement security or performance bond requirements relating to and otherwise applicable to the Facilities and Contributions to be funded with the Project CFD bonds which have been issued and sold. 7. Other Funding Sources. The City agrees to exercise best efforts in accordance with applicable law to apply for and diligently pursue regional, state, and federal funds that may be available to supplement funding of some or all of the cost of Facilities or Contributions. 8. Administrative Modifications. The provisions of this Financing Plan may be modified with the consent of both the City Manager and Owner in order to address economic circumstances, Project revisions, bond underwriting criteria or other factors consistent with the Development Plan and City and Owner's objectives with respect to the Project, the Facilities, and Contributions. C:\Documents and Settings\ctoscano\Local Settings\Temp\CCDevAgmtCFDexhibitGFinal.DO<;,. 4 57848-00030-1387919.3 U 1952514 EXHIBIT H 04 1952514 ,-----------------, Exhibit "H-1" I I TG1 -----__ _I I I NPS---i'I NP4-j~~ OP1 TG2 CP 04 1952514 e l,j;;,. i-. ~ C,/1 ~ C,/1 1,,,1,, ~ Open Space Parle Summary 1 The list of amenities is conceptual. The Development Agreement will establish a park amenity budget. •park credit was us,ed to show compliance with the Quimby Act. ,.«Po�a`r5.✓��,4, - .. 1 .'.5..:a ?`�,,.,.. �� ,!.. .:,., ,»,.,,,,,,, ., ,<. :°s`;;, r,,;«,.,,a,l s ,,,,,,, ,,,,,:,. r '',".` -11,r • (1,4110 AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR� AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSOI�;'DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER VIA: ROBERT PERSON, INTERIM CITY MANAGER /PA DATE: MAY 17, 2004 SUBJECT: REQUEST FOR AN INCREASE IN THE BLANKET PURCHASE ORDER NUMBER 410721 WORKERS' COMPENSATION CLAIMS EXPENSE ACCOUNT IN THE AMOUNT OF $100,000 RECOMMENDATION It is recommended that the City Council approve an increase in the Blanket Purchase Order Number 417021 in the amount of $100,000 for a total new amount of $500,000. BACKGROUND Blanket purchase order number 410721 for the Workers'Compensation Claims Expense Account was originally established at $400,000 for Fiscal Year 2003 - 2004. The blanket purchase order was exceeded due to unexpected hgh volume of Workers' Compensation activity. FISCAL IMPACT This action increases purchase order number 417021 by$100,000. There are sufficient funds in the City's Self Insurance Fund budget to cover this increase. CL/21/ALLO c(i1 /oJ 1 / di S BLANKET P.O. REQ. FORM PLEASE FILL OUT THE FOLLOWING INFORMATION AND RETURN TO PURCHASING BLANKET P.O. NUMBER: 410721/B00420C VENDOR NAME: CITY OF AZUSA—WORKERS'COMPENSATION IMPREST ACCOUNT ACCOUNT NUMBER: 42-50-923-000-6745 DUE DATE: 5/18/2004 FISCAL YEAR: 2003/2004 DEPT. HEAD SIGNATURE: at ) 2 4Y") ACCOUNT NUMBER DESCRIPTION PRICE/COST 42-50-923-000-6745 Original PO was $400,000.00 Increase PO $100,000.00 New PO Amount $500,000.00 Prepared by. % 'l40- ate Z //, ,/ ' of a�G . �'�CfPppC�P AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, MAY 17, 2004 213 EAST FOOTHILL BOULEVARD 6:00 P.M. i AZUSA CITY COUNCIL CRISTINA C. MADRID MAYOR i DIANE CHAGNON JOSEPH R. ROCHA COUNCILMEMBER COUNCILMEMBER DICK STANFORD DAVE HARDISON MAYOR PRO-TEMPORE COUNCILMEMBER 1 1. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 (b)). One Case. B. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 726 No. Dalton Avenue, Azusa, CA 91702 Agency Negotiators: Interim City Manager Person, Deputy City Manager Gutierrez and Library Director Albert Tovar { Under Negotiation: Price and Terms of Payment C., REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 No. Dalton Avenue, Azusa, CA 91702 Agency Negotiators: Interim City Manager Person, Deputy City Manager Gutierrez and Library Director Albert Tovar Under Negotiation: Price and Terms of Payment A D. PUBLIC EMPLOYEE CONTRACT/WORKPLAN (Gov. Code Sec. 54957) Title: City Manager e E. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957 6) Agency Negotiators: Mr. Robert Person &Ms. Julie Gutierrez Organization/Employee: APOA F. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION (Gov. Code Sec 54956.9 jcD_One Case. i G. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION (Gov. Code Sec 54956.9 (b)). One Case. Claim by Vulcan Materials. 7:30 p.m. - Convene to Regular Meeting of the City Council. • Call to Order • Pledge to the Flag • Invocation — Reverend Angel De Rosas of the First Filipino Presbyterian Church. • Roll Call II. PUBLIC PARTICIPATION PersonlGroup shall be allowed to speak withoutinterruptlon up to five(5)minutes, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments, shall be handled after the speaker has completed his/her comments. Pub/ic Participation will be limited to sixty(60) minutes. Ill. REPORTS 6PDATES PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF IV. SCHEDULED ITEMS A. PUBLIC HEARING - on a Budget Amendment for the Electric Capacityand Energy Account of the Light Fund. Recommendation: Open the Public Hearing; receive testimony, close the Public Hearing. Amend the fiscal year 03-04 Light Fund budget as follows: increase expenditures for $2.0 million in wholesale purchases of electricity and an increase of$500,000 in wholesale revenues and $1 .5 million in retail sales revenues. B. Resolution Supporting the Los Angeles County Public Safety and Homeland Security Sales Tax Initiative as Proposed by Los Angeles County Sheriff Lee Baca. Recommendation: Adopt Resolution No. 04-C34, supporting the Los Angeles County Public Safety and Homeland Security Sales Tax Initiative as proposed by Los Angeles County Sheriff, Lee Baca, effectively increasing the County's sales tax by one-half cent to 8.75% to strengthen public safety, homeland security, and local anti-terrorism efforts throughout Los Angeles County. 05/17/04 PAGE TWO C. CONTINUED PUBLIC HEARING - on an amendment to an existing Conditional Use Permit C- 89-20 for Vulcan Materials/Azusa Rock 3901 Fish Canyon, to modify the Conditions of Approval to delete the requirement for a grade separation on the existing haul road and the existing bike trail. Recommendation: Continue the Public Hearing to the meeting of July 19, 2004. ) I V. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS A. Approval of Minutes. Recommendation: Approve minutes as written. i 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). I C. Amendment and Increase of $15.000.00 to the Blanket Purchase Order for Police Department Vehicle Repair with Economy Auto Center. Recommendation: Approve an I increase of$15,000.00 in Blanket Purchase Order No. 410244G with Economy Auto Center for a new amount of $67,000. D. Amendment to the City of Azusa Schedule of Fees and Charges (2003-04). I Recommendation: Amend the approved current fiscal year 2004 City of Azusa Schedule of Fees and Charges to reflect the proposed revenue generating measures that were approved at the budget workshop of Wednesday, May 5, 2004. E. Resolution Reciting the Results of the Special Election of May 4. 2004. Recommendation: Adopt Resolution No. 04-C35. ; F. Request for an Increase in the Blanket Purchase Order for Workers' Compensation Claims EMense Account in the amount of$100,000. Recommendation: Approve an increase in the Blanket Purchase Order Number 417021 in the amount of$100,000 for a new total amount of $500,000. G. City Treasurer's Report as of April 30, 2004. Recommendation: Receive and file the Report. H. Resolution Authorizing Payment of Warrants by the City. Recommendation: Adopt Resolution No. 04-C36. 05/17/04 PAGE THREE ± I CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE. VI. REDEVELOPMENT AGENCY CONSENT CALENDAR f The Consent Calendar adopting the printed recommended actions willbe enacted with one vote. if Staff or Directors wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. A. Minutes of the Redevelopment Agency. Recommendation: Approve minutes as written. B. First Amendment to the Taliey Building Disposition and Development Agreement. Recommendation: Adopt the Amended and Restated Talley Building Disposition and Development Agreement. C. Agency Treasurer's Report as of April 30, 2004. Recommendation: Receive and file the Report. —� D. Resolution Authorizing Payment of Warrants by the Agency. Recommendation: Adopt Resolution No. 04-R13. VII. ADJOURNMENT A. Adjourn. UPCOMING MEETINGS: May 24, 2004, Utility Board Meeting June 7, 2004, City Council Meeting June 14, 2004, City Council Workshop June 21, 2004, City Council Meeting June 28, 2004, Utility Board Meeting In compliance with the Americans with Disabilltles Act, ifyou need special ass/stance to participate in a city meeting, please contact the Clty Clerk at 626=812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting 05/17/04 PAGE FOUR X w , •3 The CIO of Azusa DATE: MAY 13, 2004 TO: MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA RE: NOTICE OF A SPECIAL MEETING I to be held on MONDAY, MAY 17, 2004, at 6:00 p.m., at the Azusa Civic Auditorium, located at 213 East Foothill Boulevard, Azusa, California, for the purpose of: i Due to the numerous Closed Session items we will recess to Closed Session at 6:00 I p.m. to discuss the following: A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(b)). One Case. B. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 726 No. Dalton Avenue, Azusa, CA 91702 Agency Negotiators: Interim City Manager Person, Deputy City Manager Gutierrez and i Library Director Albert Tovar Under Negotiation: Price and Terms of Payment + + C. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 No. Dalton Avenue, Azusa, CA 91702 Agency Negotiators: Interim City Manager Person, Deputy City Manager Gutierrez and Library Director Albert Tovar Under Negotiation: Price and Terms of Payment D. PUBLIC EMPLOYEE CONTRACT/WORKPLAN (Gov. Code Sec. 54957) Title: City Manager E. ONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Agency Negotiators: Mr. Robert Person &Ms. Julie Gutierrez Organization/Employee: APOA F. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 ( _One Case. G. CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 fbD._One Case. Claim by Vulcan Materials. I DATED: May, 13, 2004 CANDACE TOSCANO f I� I DEPUTY CITY CLERK 1 HEREBY CERTIFY that a true copy of the attached "NOTICE OF SPECIAL MEETING"was served on the hereinafter persons who are members of the City Council of the City of Azusa, at the date and time set after their respective names. NAME DATE &TIME DELIVERED BY CRISTINA CRUZ-MADRID t of DI NE CHAGNON DAVE HARDISON DICK STANFORD JOSEPH ROCHA CANDACE TOSCANO i DEPUTY CITY CLERK I t 1 5/17/04 ! I I U � PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES VIA: ROBERT PERSON, INTERIM CITY MANAGER DATE: MAY 17, 2004 SUBJECT: BUDGET AMENDMENT — ELECTRIC CAPACITY AND ENERGY ACCOUNT OF THE LIGHT FUND RECOMMENDATION It is recommended that the City Council conduct a public hearing and amend the fiscal year 03-04 Light Fund budget as follows: increase expenditures for $2.0 million in wholesale purchases of electricity and an increase of $500,000 in wholesale revenues and $1 .5 million in retail sale revenues. BACKGROUND The Light Fund budgeted $14,353,000 in the current fiscal for the wholesale purchases of electricity in the Capacity and Energy account to serve City's electric consumption. Concurrently, the Light Fund also budgeted $3,231 ,000 in wholesale electric revenues in the current fiscal year for the wholesale sales of electricity and transmission services. The resulting net cost of electricity to i the City is $11 ,122,000. The budget was amended in January this year to $22,353,000 for wholesale ' Capacity and Energy account and $10,000,000 for wholesale electric sales, resulting in net cost of electricity to the City of $12,353,000. + Based on nine-month review of wholesale revenues and expenditures, the Light 1 Fund determined that further amendment is needed in spending authorization for Capacity and Energy account. The increased expenditures are caused by two factors: (1) substantially higher retail consumption than budgeted for I � k� electricity purchases. We budgeted the electricity purchases based on 2% retail sale increase, however retail fiscal year to date electricity sale is at 10% increase range, or 8% higher than budgeted, causing the additional electricity purchases to meet consumption, and (2) slightly higher wholesale purchase and sale activity than January 2004's projections The latest projections are (1) wholesale electricity purchases will total about $24,353,000 for the fiscal year or an increase of $2,000,000 from the current budget amount, and (2) the wholesale electric sales will total about $10,500,000 or an increase of $500,000 from the current budget. The resulting net cost of the electricity to the City is projected to be $13,853,000, or an increase of about $1 ,500,000 from the current budget. This increase is attributable to additional electricity purchases to meet the substantially higher retail consumption of the City as a whole. FISCAL IMPACT The proposed budget amendment reflects the increased GROSS costs in wholesale electricity purchases which will be offset by the increased retail electricity sales and slightly higher wholesale revenues, and resulting in a NET increase in wholesale electricity costs of $1 ,500,000 in the current fiscal year, but with no overall impact to electricity retail rates. Prepared by: Bob Tang, Assistant Director of Resource Management CITY OF AZUSA BUDGET AMENDMENT REQUEST "(New Appropriation) Department: LIGHT & WATER Fiscal Year: 03-04 'Round to the highest$10 Requested by: BOB TANG Date: 04/29/04 PROJECTED EXPENDITURE (S): FUNDING SOURCE: Account # Project # Amount* Account # Project # Amount 33-40-735-550-6590 $2,000,000 33-40-734-470-4811 $500,000 RETAIL,SALES $1,500,000 Total: Total: Reason for Amendment: TO FUND INCREASED COSTS OF ELECTRICITY FOR RESALE AND ADDITIONAL RETAIL SALES Impact On other programs: NOTE, 1.Amendments of$25,000 or less require approval of the Finance Director. 2.Amendments between$25,000 and$100,000 require the approval of the City Manager and the Finance Director. 2.Amendments between$100,000 and$1,000,000 require adoption of a resolution by City Council. 3.Amendments over$1,000,000 shall be approved by City Council following a public hearing. 7 APPROVAL FINANCE ONLY Department Head: / Zfvl Date: 4/29/0't Processed By: Date: FinanceDirector: Date: GL Batch: GL Budget Ref: City Manager: Date: F �/ ��� JL Batch: JL Budget Ref: Cnnnnil Annrnvwrl nn- - ' Cr U i i PCr�ID41IF1N {. i TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KING DAVIS, CHIEF OF POLICE p VIA: ROBERT PERSON, INTERIM CITY MANAGER A DATE: MAY 17, 2004 SUBJECT: RESOLUTION SUPPORTING THE LOS ANGELES COUNTY PUBLIC SAFETY AND HOMELAND SECURITY SALES TAX INITIATIVE AS { PROPOSED BY LOS ANGELES COUNTY SHERIFF LEE BACA. { RECOMMENDATION It is recommended that the City Council adopt a resolution supporting the Los Angeles County Public Safety and Homeland Security Sales Tax Initiative as proposed by Los Angeles County Sheriff, Lee Baca, effectively increasing the County's sales tax by one-half cent to 8.75% to strengthen public safety, homeland security, and local anti-terrorism efforts throughout Los Angeles County. i BACKGROUND Local government budgets are in a state of flux as a result of the State of California's budget crisis. This crisis has had a major impact on counties and municipalities as the state continues to take away funds from localities to help balance the state's deficit. These reductions in revenues have come at a time when local governments are also facing significant increases in retirement contributions, health premiums and other costs of providing services. This has meant that localities have made or will have to make cuts i to existing programs and services, including public safety. In order to provide J a stable funding source to assist in financing local government law enforcement services, Los Angeles County Sheriff Lee Baca has begun collecting signatures for a November 2004 ballot initiative that would raise the sales tax by a half-cent in all of Los Angeles County. One hundred seven- one thousand (171 ,000) signatures of L.A. County voters are necessary to qualify it for the ballot. If enough signatures are gathered, the measure known as the Los Angeles County Public Safety and Homeland Security Sales Tax Initiative would appear on the November 2 ballot. This initiative would effectively increase the sales tax in Los Angeles County from 8.25% to 8.75%. A tax increase measure of this type requires a two-thirds majority vote to pass. Prior to submitting the final legal text of the Public Safety and Home/and Security Sales Tax Initiative to the County Registrar-Recorder, Sheriff Baca sought the input from many city managers and police chiefs throughout the County. The key points that were discussed include the allocation formula; return a greater percentage of the proceeds to the cities and giving greater use control to the local agencies. Lastly, the City Managers pushed for a local review board to control the allocation of the funds. The final text submitted includes all of the key suggestions including an oversight committee, which includes representatives from the League of California Cities. This proposed County-wide sales tax increase would be designated exclusively to maintain, improve or expand funding of local law enforcement activities. The proposed half-cent sales tax increase will provide a stable funding source for local law enforcement, with an emphasis on the following areas: • Additional personnel for law enforcement, local anti-terrorism, homeland security, intelligence gathering, and 'first response " capabilities to extraordinary emergencies. • Communications and specialized equipment for law enforcement personnel throughout Los Angeles County, including independent cities; and support resources required for Regional and Countywide "Mutual-Aid" effectiveness. • Expansion of inter-agency coordination and standardized training for public safety services, local anti-terrorism, homeland security, intelligence gathering, and "first response" capabilities (Emergency Operations Center-EOC/Terrorism Early Warning). • Other traditional law enforcement services 'x The plan would generate approximately $500 million annually countywide, and would be dedicated to law enforcement activities. To distribute these funds throughout the County and to independent cities, an allocation structure has been created. I Funds will be allocated to the County by the State Board of Equalization. The County Auditor-Controller will be reimbursed for actual costs necessary to ' comply with this ordinance. The Oversight Committee will decide an equitable i allocation to the Sheriff of Los Angeles County to provide for a countywide + interoperability system and the ongoing maintenance of that system. Five percent of the revenue will be allocated to the Sheriff of Los Angeles County for Countywide operation and duties. The remaining revenue shall be distributed to the unincorporated area and every city within Los Angeles County, and shall augment law enforcement, homeland security, and local anti-terrorism efforts, with a minimum allocation of $500,000 to each jurisdiction, with the remaining funds equally distributed based on population percentage. The allocation amount shall not exceed a city's total public safety budget. If a loss or reduction in local general purpose financial resources occurs, proceeds from this Ordinance may be used to ensure public safety funding is not 3 reduced below the adopted budget for the 2003-04 fiscal year, only if local financial resources to public safety are not reduced more than the total percent of the loss or reduction within the affected year. The use of any funds received by the City from this ordinance shall be evaluated under rules and regulations adopted by Oversight Committee. The rules and regulations adopted by the committee shall provide for penalties for inappropriate uses of funds. Any unspent funds received by the City shall be held in a public safety trust account established by the City. 3 1 FISCAL IMPACT Based on the Initiative's revenue estimate of $500 million (as indicated in the attached document, "Half-cent Sales Tax Allocation Summary") the City of Azusa's proposed allocation from the new sales tax increase would be $2.54 million. In order to meet the maintenance of effort requirements to be + eligible to spend the funds, the City will have to maintain its budget at the 2003-04 adopted budget level. If approved by the voters, the measure will take effect on April 1 , 2005. J i s RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, IN SUPPORT OF THE LOS ANGELES COUNTY PUBLIC SAFETY AND HOMELAND SECURITY SALES TAX WHEREAS, the state budget crisis has resulted in significant reductions of public safety services, and WHEREAS, it is prudent to ensure that public safety tax dollars remain in our local communities; and WHEREAS, the Los Angeles County Sheriff has proposed the Los Angeles County Public Safety and Homeland Security Sales Tax initiative, a countywide sales tax increase of one half cent to strengthen public safety, homeland security, and local anti-terrorism efforts throughout Los Angeles County; and WHEREAS, this funding would focus on additional personnel for law enforcement, local anti-terrorism, homeland security, intelligence gathering, first response capabilities to extraordinary emergencies, communications and specialized equipment for law enforcement personnel through Los Angeles County, including independent cities; and support resources required for regional and countywide mutual- aid effectiveness, expansion of inter-agency coordination and standardized training for public safety services; and WHEREAS, the plan would generate approximately $500 million annually, and would be dedicated to law enforcement, homeland security, and local anti-terrorism efforts throughout Los Angeles County; and WHEREAS, five percent of the revenue will be allocated to the Sheriff of Los Angeles County, who performs Countywide duties required by law, including jail services, court security, investigations, judicial protection, and coordination of Emergency/Disaster Operations for the County; and WHEREAS, the remaining revenue shall be distributed to the unincorporated area and every city within Los Angeles County, and shall augment law enforcement, homeland security, and local anti-terrorism efforts, with a minimum allocation of $500,000 to each jurisdiction, with the remaining funds equally distributed based on population percentage; and WHEREAS, the City of Azusa would receive approximately $2.54 million under the proposed formula; n f • NOW, THEREFORE, the City Council of the City of Azusa resolves as follows: Section 1. That the City of Azusa supports the passage of the Los Angeles County Public Safety and Homeland Security Sales Tax Initiative. Section 2. This resolution shall take effect immediately upon its adoption. I PASSED, APPROVED AND ADOPTED THIS day of , 2004. Cristina Cruz-Madrid, Mayor ATTEST: I I Vera Mendoza, City Clerk APPROVED AS FORM: Best Best & Krieger LLP City Attorney i d i 7-bet, s 6 AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KING DAVIS, CHIEF OF POLICE VIA: ROBERT PERSON ACTING CITY MANAGER DATE: MAY 17, 2004 SUBJECT: AMENDMENT AND INCREASE OF $ 15,000.00 TO THE BLANKET PURCHASE ORDER FOR POLICE DEPARTMENT VEHICLE REPAIR WITH ECONOMY AUTO CENTER, 802 N. SAN GABRIEL AVE., AZUSA FOR A NEW AMOUNT OF $ 67,000.00. RECOMMENDATION It is recommended City Council approve an increase of $ 15,000.00 to Blanket Purchase Order No. 410244G with Economy Auto Center for a new amount of $67,000. BACKGROUND Purchase Order No. 410244G is issued to the Police Department for vehicle maintenance and repairs. The current blanket purchase order amount will be exceeded due to unanticipated higher repair costs to maintain the police emergency vehicle fleet. Costs increased this year because the new police vehicles were not put into service until 02/04 due to changes in the MDC computer equipment. As a result maintenance costs increased on the high mileage cars. Recently a total of 6 were damaged in traffic collisions or had major engine and transmission work done. It is necessary to have adequate funds available to quickly repair emergency black and white police cars. 07/07 FISCAL IMPACT There are adequate funds available in account # 10-20-310-000-6825 to cover these additional costs and it will not result in an increase in the 2003 / 04 Operating Budget. ,J IV; j pF.qZ o � jowl I�I TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ROY BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 17, 2004 SUBJECT: AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT C-89- 20 FOR VULCAN MATERIALS /AZUSA ROCK 3901 FISH CANYON, TO MODIFY THE CONDITIONS OF APPROVAL TO DELETE THE REQUIREMENT FOR A GRADE SEPARATION OF THE EXISTING HAUL ROAD AND THE EXISTING BIKE TRAIL. The Planning Commission heard this matter on August 27, 2003, and has recommended approval with conditions. The applicant has requested that consideration of this application by the City Council be continued until July 19, 2004. i I 1 i x w'. a CITY OF AZUSA I MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY.MAY 3, 2004-6:30 P.M. _ The City Council of the City of Azusa met In regular session at the above date and time In the Azusa Auditorium. CEREMONIAL Ceremonial Mrs.Barbara Dickerson of the Azusa Woman's Club presented 126 new and used books and a Check to Home check In the amount of$367.80 to Homework House. Work House + The entire Council presented a proclamation to Ms. Peggy Martinez ad the Downtown Proc P.Martinez Merchants Association in appreciation of the Mariachi Festival and she in turn presented Mariachi Fest. 1 Certificates of Appreciation to the Mariachi Committee members. Azusa Police Officers Tony Ventura Michael Bires and Tom Avila received the 10851 CVC Award Awards to Az from CHP Dwight McKenna and a Representative of AAA,commended them for the recovery Police Officers of a number of stolen vehicles. i It was consensus of Council to recess to Closed Session to discuss the following: + Closed Sess CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION(Gov.Code Sec.54956.9(al- Conf wAegal Azusans for Responsible Growth vs.City Clerk of the City of Azusa;City of Azusa,A Municipal Counsel Corporation;and the City Council of the City of Azusa-Case No. K5007934 G. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Sec.54956.9fa1- Conf w/legal Counsel Azusans for Responsible Growth, Lana F. Grizzell vs. City Council of the City of Azusa; City Clerk of the City of Azusa-Case No. BS088326. The City Council recessed at 6:50 p.m. and reconvened at 7:30 pm. Rcss/rcnvn Councilmember Rocha left the meeting to attend personal urgent business. Rocha left City Attorney Carvalho advised that there was no reportable action taken in closed session. City Atty Reports . Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Reverend Leroy of the First Assembly of God Church. Invocation Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON,STANFORD,ROCHA,CHAGNON,MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, Interim City Manager Person, Deputy City Manager Gutierrez, Community Development Director Bruckner, Chief of Police Davis, Assistant Community Development Director Onaga, Director of Public Works Nakasone, Director of Human Resources Hanson, Director of Park Planning and Development Noriega, Public Information Officer Quiroz,Assistant Director of Resource Management Tang, City Treasurer Macias,City Clerk Mendoza, Deputy City Clerk Toscano. i� 1'UDLK. 1'M1ll.lrmi Ivn Mayor Madrid expressed her apologies regarding a mailing that went out during the week-end Madridd regarding campaigning in the election to be held May 4, 2004. Comments Mr. and Mrs. Noe Falcon sang a few musical selection to Council and audience In honor of Mr. &Mrs. Mother's Day. Falcon Mr. Cecil Watts addressed Council announcing the formation of a Lions Club in Azusa. He C.Watts detailed the history of the Lions Club. He advised that there will be an Open House on May 26, Lions Club 2004, at the Azusa Recreation Department at 320 N.Orange Place. Mrs. Jennie Avila expressed her frustration with people pronouncing the name of the City, J.Avila Azusa,wrong. Azusa Ms. Tina Libby on behalf of Richard Nares, expressed thanks to Council for setting aside a T. Libby plaque and scholarship In the name of Leroy Kelly Harris III and asked that Support Troops Support Banners be posted on Route 66 and Azusa Avenue. Troops Mr.Bob Lundy,of Route 66 Promotion,announced that Route 66 celebration will take place on B. Lundy May 13,2004,on Stein Lane and Foothill Boulevard,and advised that they will show the Neon Route 66 Sign Guise,originating In Azusa. Promotion Mr. Mark Ades requested that the Route 66 Neon sign be displayed in the Redevelopment M.Ades window until May W. Comments Councilmember Rocha re-entered the meeting at 8:15 p.m. Rocha ent mtp The following persons expressed their opinion against the Monrovia Nursery Project: Mr. Persons agalm Walter Harvllle,Mr.Mark Davis,Mrs.joy Rubio,Ms.Lana Grizzell,and Mr.Seamus McKeever. Mon Nurs The following persons expressed their opinion In favor of the Monrovia Nursery Project: Mrs. Persons In Rosemary Garcia, Ms. Mercedes Cortez, Mr. Dan Simpson, Mr. Ted Garcia, Ms. Lisa Favor of M Harrington, Mrs. Inez Gutierrez, and Mr. Burke Hamilton. Nurs Proj. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates Mayor Madrid sincerely apologized to all persons affected by the mailer that went out over the Madrid weekend that mis-represented the campaign of the people in-favor of the Monrovia Nursery Comments Project. She took full responsibility for the error and again apologized for the Incident. Councilmember Chagnon made the following announcements: the Lions Club will be reforming Chagnon In the City of Azusa:next City budget meeting will be held on Wednesday,May 5,2004,at 6:30 Comments p.m. at the Azusa Light and Water Conference Room; Kids Come First Golf Tournament to be held on June 11, 2004; and that Mr. Robert Person has been appointed as the Interim City Manager until June 30,2004,and that Ms.Julie Gutierrez will become City Manager as of July I, 2004. Councilmember Rocha thanked all volunteers who helped clean up last weekend,he asked that Rocha the meeting be adjourned in memory of Cheryl Cohen and Leroy Harris Kelly III. He announced Comments that on Saturday, at 8 a.m. at the Azusa Woman's Club,that the Post Office will be having a food drive and food will be donated to our local Food Bank. He announced that on May 15th, there will be a memorial for Leroy Harris Kelly III, at 1 I a.m. at City Hall. He cleared up misconceptions of statements made against him at past Council meetings. He urged all to vote yes on the Monrovia Nursery Project. Mayor Pro-Tem Stanford displayed two different mailers he received over the weekend Stanford regarding the Monrovia Nursery election to be held on May 4,2004. He explained his reasons Comments for being in favor of the project. He talked about past mistakes that he has made and about decorum at Council meetings. He then presented an endearing remembrance of Leroy Harris Kelly Ill. Councilmember Hardison talked about the Monrovia Nursery Project as he understands it. Hardison Mayor Madrid expressed her view regarding the Monrovia Nursery Project. She announced that Mayor she has been Invited, along with other Mayors, to a conference In Jerusalem. comments 05/03/04 PAGE TWO SCHEDULED ITLMS Mayor Pro-Tem Stanford offered a Resolution entitled_ i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO ADOPT THE PULIC Res.04-C32 AGENCY RETIREMENT SYSTEM(PARS)SEPARATION INCENTIVE PROGRAM(SIP)AND APPOINT Adopting PARS CITY MANAGER OR HIS/HER DESIGNEE AS THE PLAN ADMINISTRATOR SIP Moved by Mayor Pro-Tem Stanford, seconded by Councilmember Chagnon, 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 1 The CONSENT CALENDAR consisting of Items VI-A through VI-K was approved by motion of sent Cal j Councilmember Rocha,seconded b Counclimember Chagnon and unanimously carried,with Conroved the exception of Items V-F,H,1,and J,which were considered under the Special Call portion of APP i the Agenda. • A. The Minutes of the regular meetings of April 19, 2004,were approved as written. Min appvd { Human Res 1 B. Human Resources Action Items were approved as follows: Action Items i Merit Increase and/or Regular Appointment: J.Anderson and F. Langit,Jr. New Appointments: T. Patiogar, Police Dispatcher, pending physical and background. I C. The bids for Woman's Club Improvements were rejected and the City Clerk's Office was Woman's Club. authorized to advertise for bids. Bid refected D. The update of classification title and description for the Water Distribution Supervisor were Update Wtr Dist Supv adopted. E. The update of Job title and description for Water Distribution Worker I were adopted. Update Wtr Dist Wkr I Spec Call F. SPECIAL CALL ITEM. G. Traffic Signal Maintenance Service Agreement Contract Documents specification were Traffic Sig Mt Specs approved and the City Clerk's Office was authorized to advertise for bids. Spec Call H. SPECIAL CALL ITEM. I. SPECIAL CALL ITEM. Spec Call J. SPECIAL CALL ITEM. Spec Call a K. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.04-C33 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAMEARE TO Warrants BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Rocha addressed Item regarding the amended Rio San Gabriel Bike Path Rocha Project,expressing concern regarding reduction of the decorative fencing to 500/6 and asked If Comments this may cause a safety Issue. Director of Park Planning and Development Noriega responded assuring Mr.Rocha that the 50 Norlega Res ns %of the decorative fencing will be utilized in areas along the path closest to the rivers edge, g and where it could possible present a safety issue. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Rio SG Bike Path TMT Dev carried that the Rio San Gabriel Bike Path Project be amended and awarded to TMT Development Company In the amount of$377,000. 05/03/04 PAGE THREE �ouncumernuer uiagnon aUUIo..� .......... ......,....,,......�...�.....y........,� ..__ that any excess/saved funds from the project be transferred to the Bike Path Project. It was Truefine. then moved by Councilmember Chagnon,seconded by Councilmember Rocha and unanimously Surfac! � ,� carried to approve the Notice of Completion for the Memorial, Northside and Slauson Park Athletic Court Surfacing Project as completed by Truellne Surfacing in the amount of $27,790,000 and authorize same to be filed with the Los Angeles County Clerk and to pay the 10%retention to the contractor. Councilmember Chagnon addressed the Notice of Completion to ABC Lawn Sprinkler, NOC ABC suggesting that any excess/saved funds from the project be transferred to the Bike Path Project. Lawn Sprinkler It was then moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously carried to approve the Notice of Completion for the Notice of Completion for the Memorial Park Baseball Field In-Field Turf,Irrigation and Drainage System Project as completed by ABC Lawn Sprinkler in the amount of$36,325.00 and authorize same to be filed with the Los Angeles County Clerk and to pay the 10%retention to the contractor. Councllmember Rocha asked if there will be a mid-way evaluation and Chief of Police Side Ltr APOA responded that he would review/monitor it. Councilmember Chagnon reiterated that there APMAMOU's would be no overtime,six officers only and the hybrid schedule would be for the summer only. It was then moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously carried to approve the Side Letter Agreement to the APOA&APMA Memoranda of Understanding(MOU's) for temporary scheduling adjustment. , THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:44 CRA convene P.M.THE CITY COUNCIL RECONVENED AT 9:45 P.M. Cncl reconven It was consensus of Council to adjourn in memory of Cheryl Cohen and Leroy Harris Kelly Ill. Adjourn in Memory of C. Cohen & TIME OF ADJOURNMENT: 9:45 P.M. Leroy Harris Kelly III CITY CLERK NEXT RESOLUTION NO. 2004-C34. NEXT ORDINANCE NO. 2004-06. 05/03/04 PAGE THREE •_. .-....,. ._. . .,. as ,. � I CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES VIA: ROBERT PERSON, INTERIM CITY MANAGER/2t, � I 1 DATE: MAY 17, 2004 SUBJECT: HUMAN RESOURCES ACTION ITEMS i 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 + On May 11 , 2004 the Personnel Board confirmed the following Department Head recommendations) regarding the following Personnel Action request(s). 1. MERIT INCREASE AND/OR REGULAR APPOINTMENT: PKaren ,, .--:., - � , . � ' .- � �TYPE` OF ,ACTION`. RANGE/STEPSTMENT.• -�.. iNAMCLASSIFICATION�� eEFFECTIVE DATEfBASEMO:SALARotdale Administrative Services Police Merit Inc 3411/5 Mana er 5/5/04 $6,244.16 Tremblay Police Officer Police Merit Inc 6101/5 5/13/04 $5,186.22 Clear Administrative Secretary Public Works Merit Inc 4169/5 4/9/04 $3,782.72 Christina Curie] Engineering Technician Public Works Merit Inc 4165/5 4/17/04 $3,641.79 Tim Vuong Power Resources Utilities � Reg Appt/Merit Inc 4238/3 Scheduler 4/21/04 $6,042.20 2. NEW APPOINTMENTS: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. EFFECTIVE "_jRANGE/STEP G kif ;DEPARTMENT "NAME � :(tLASSIFICATION, ayamDATE IBASE`MO. SAIARY6� Community Development Edic Alaverdian Building Inspector 5-21-04 4199/2 $4,376.23 Recreation &Family Nancy Hogan Recreation Superintendent Pending 3365/1 Services Dhvsical $4,958.99 Utilities Monica Czarnota Customer Service 5-24-04 5154/1 Re resentative 1 $2.749.70 FISCAL IMPACT Sufficient funds exist in the approved departmental budgets to cover the salary changes. Salary savings realized from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs. i 9 CONSENT CALENDAR TO:. HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KING DAVIS, CHIEF OF POLICE VIA: ROBERT PERSON ACTING CITY MANAGER DATE: MAY 17, 2004 SUBJECT: AMENDMENT AND INCREASE OF $ 15,000.00 TO THE BLANKET PURCHASE ORDER FOR POLICE DEPARTMENT VEHICLE REPAIR i WITH ECONOMY AUTO CENTER, 802 N. SAN GABRIEL AVE., { AZUSA FOR A NEW AMOUNT OF $ 67,000.00. RECOMMENDATION It is recommended City Council approve an increase of $ 15,000.00 to Blanket Purchase Order No. 410244G with Economy Auto Center for a new amount of $67,000. BACKGROUND Purchase Order No. 410244G is issued to the Police Department for vehicle maintenance and repairs. The current blanket purchase order amount will be exceeded due to unanticipated higher repair costs to maintain the police emergency vehicle fleet. Costs increased this year because the new police vehicles were not put into service until 02/04 due to changes in the MDC computer equipment. As a result maintenance costs increased on the high mileage cars. Recently a total of 6 were damaged in traffic collisions or had major engine and transmission I work done. It is necessary to have adequate funds available to quickly repair emergency black and white police cars. I FISCAL IMPACT There are adequate funds available in account # 10-20-310-000-6825 to cover these additional costs and it will not result in an increase in the 2003 / 04 Operating Budget. n CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL ; FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES DEPARTMENT VIA: ROBERT PERSON, INTERIM CITY MANAGER i DATE: MAY 17, 2004 SUBJECT: AMMENDMENT TO THE CITY OF AZUSA SCHEDULE OF FEES AND CHARGES (2003- 04) 1 RECOMMENDATION: I It is recommended that City Council amend the approved current fiscal year 2004 City of Azusa Schedule of Fees and Charges to reflect the proposed revenue generating measures that were j approved at the budget workshop of Wednesday, May 5, 2004. BACKGROUND: At the City Council budget workshop on May 5, 2004, Council approved several revenue i enhancements as part of the fiscal year 2005 operating budget for general funded programs. As ; part of that action, revenues were increased for several summer recreation programs. Because many of these recreation fee increases impact the summer registration process, it is necessary that they be added to the Schedule of Fees and Charges immediately. Attached is a table of the proposed and approved revenue generating measures as submitted by the City of Azusa Recreation and Family Services Department. Also attached is an amended schedule of fees and charges details those proposed revenue-generating measures. These recommendations are the end result of a comprehensive study of neighboring agencies' programs and facilities, and are made with respect to what the Azusa market will bear. i I Staff anticipates the complete 2005 Schedule of Fees and Charges will be presented to the City Council in mid-June. FISCAL IMPACT: Approval of the above recommendation will increase net revenues to the General Fund by I $65,000 for fiscal year 2005. This revenue will be collected by staff in the form of program and facility rental fees and deposited into the general fund. i a RECREATION AND FAMILY SERVICES PROJECTED INCREASED REVENUE IN 2004— 2005 PROGRAM NOTES NET (+) A uatics Recreation Swim • 13 - 17 year olds $2 000 Swim Class • increase ind. 8 rivate fee from $20 to $25 2003 recommendation $9,600 Swim Team • increase cost from $40/$35 to $50/$40 $1,000 Sr. Water Exercise • increase to $1.00 per eartici2ation $500 Youth`:5 its Mighty Mite • increase all mighty mite sports from $35 to $40 $3,500 Youth Sports • increase returning youth sport fees from $15 to $20 $1,750 Adult S orts Adult Sports • raise fees in adult sports activities $1,450 Golf golf tournament increase in revenue $1.400 Facilities Woman's Club • additional fees and rentals $7,800 Sr. Center • rent out previously unavailable facility to groups multi-use $10,000 • bingo revenue Gazebo • new program previously not a source of administration or revenue $2.000 Moon Bounce • all parks $1,000 Athletic Facilities • $5,000 Picnic Shelters • Pioneer Park $3,000 Picnic Shelters • Memorial Park $1,000 Rec. Center projected increase in rental from $10,000 to $20,000 $10,000 :Special Events Big Chill Dance • add to dance schedule in 20109-2005 #6 $4,000 TOTAL 1 $65,000 Cit of Azusa Schedule of Fees and Charges Exhibit 6 RECREATION A ved roved proposed i 20023003 2003.2006 20042005 De rtmenUDescri ion FeeAlnit FeelUnit FeefUnit Aquatics Program: Swimming Lessons-Children/Group $19 $20 $25 Swimming Lessons-Children Private 319 $20 $' Swimming Lessons-Adult/Grou $22 $25 $25 Swimming Lessons-Adult/Pnvate $22 $25 $25 r Swimmin Team $40 Addl Child La Swim $3 $5 $2 Water Exercise-Adults $22 $25 $25 Water Exercise-Seniors $.5085.00 S1 f Recreation Swimming: Children u to 12 and under 48-tall $O.50 $0.50 $0.50 j 12&under includes slide $1.00 $1.00 $1.00 , Teens u to 17 includes slide $0.75 $1.50 $2.00 Adults 18 and older includes slide $3 $5 $3 swimming Pool Rental-Minimum of 2 hourstsecu' deposit 1 1-100 People $2808200 32504200 $300'$200 ! 101-250 People $3808300 $375/$300 36001$200 251-350 people $45NS.r00 $4501$500 $5008200 ! Additional-Water Slide $100 $100/$50 $100'$50 Security Deposit-Refundable: Leisure Classes Varies Varies Vader 1 Adult Sports Programs-in Oficial Class Adult Softball $3451310 $345/$10 $" Adult Basketball $2851520 32851$20 $300 Adult Volleyball $165 $165 $175 Adult Softball Tournaments $240 $240 Unit 1 Youth Sports Programs: Cot Baseball Fee iN $40 I Pon Baseball Fee $45 $65 � + Winter Pon Baseball $40 $40 $40 Mi h -Mite Baseball -Bal S35 $35 S00 I Mighty-Mite Baseball Coach Pitch $35 $35 $40 Mighty-Mite Basketball $3.5 $35 $40 , Mig -Mite Fla Football 335 $35 $40 Mi h -Mite Soccer $35 $35 so Cheedeadin - $25 $25 $25 Flag Football Shirt Uniforms -$25 new:$20 retumin $26!$15 $25/$15 $25820 Basketball Shirt Uniforms -525 new:$20 retumin $25815 $251$15 $25420 r Summer Basketball $35 $40 $40 1 Valle all Shirt Uniforms -$25 new:$20 r.4umin $251$15 $25/$15 $25820 Softball Shirt Uniform -$25 new:$20 returning $251$15 $251$15 $25820 ; Ball Diamond Rental- 5%discount for Azusa-based non rofit o anizaborrs. I 25%discount for Azusa-based non profit onianizations Dra ,Line and Water Field-Prepared $20 $20 $20 Stag,scorekee ing- hour $9 $10 $19 Use of Scoreboards $12 $15 $15 Feld Rental-No Lights $12 $15 320 Field Rental-With U his $30 $30 Use of Bases $12 $15 $15 De it for Use of Bases $175, $200 $200 Use of Strike Zane Mat $12 $15 $15 Athletic Field Char a: Green Space ! Memorial Park- r hour $60 $60 S60 Northside South Field Area-oar hour $30 540 54D Gladstone Park- er hour $30 $30 $30 U his Included i Golden pays Special Events , SK Run$10 Pre-re istratiorv$15 Da of the event $10'$15 $10815 310/$15 ' 03-04 Rates Approved 6/16103 Page 1 of 2 r y1 1 a City of Azusa Schedule of Fees and Cha es Exhibit 5 Q RECREATION Approved Approved Proposed 2002-2003 2003-2004 2004-2005 De artment/Descri ion FeeAlnit Fee/Unit Fee/Unit Children's Day Cam $85/75 perweek Weekly Fee-Discount$2.00 for 2nd child in family Summer Day Cam $17415 $171$15 $17/$15 Recreation Special Events: Haunted House Dance $6 $10 $10 Back to School Dance $6 $10 $10 Winter Wild Dance $6 $10 $10 Tournament of Champion Dance $6 $10 $10 Spring Thing Dance $6 $10 $f0 Bill Chill Dance N/A N/A $10 Punt, Pass&Kick $0 $0 $0 Pepsi Hot Shoot $0 $0 $0 Elks Hoop Shot $0 $0 $0 Winter Family Fiesta $0 $0 $0 - Trick or Treat Car Show Vendor $D $0 $25 Tournament of Champions Finals at APU Events Center Adult $0 $0 $3 Student $2 Child 3-11 $1 Knight of Columbus Free Throw m $0 1 $0 Junior Olympic Track $0 $0 $0 Zacatecas Fiesta Food Vendor $0 $0 $30.$50 Fantastic Fridays $0 $0 $0 Memorial Park Facilities Based on per hour(Exception: Flat non-resident fee Meeting Room -normal operating hours $15 $20 3w -outside normal hours $25 $30 $40 -Nan-Resident Fee Flat $40 $50 $50 Gym or Main Room-normal operating hours $30 $30 $40 -outside normal hours $60 $60 $60 -Non-resident Fee Flat $120 $120 $125 Kitchen -normal operating hours $10 $10 ;15 -outside normal hours $15 $15 3Z0 -Non-resident Fee Flat $20 $20 $25 Cleanup Deposit - $50 -Non-Resident Fee Flat $60 $60 $100 Clean-up deposit will be refunded if facilities are returned to a reasonable condition and vacated no later than 10:00 p.m. Spring Crafts $21 $25 $25 Holiday Crafts $21 $25 $25 Bounce House Application Usage WA N/A $20 Non-Resident Fee: Flat WA N/A $20 Picnic ShelterApplication/Rental Memorial Park Single Sheffer Area#2,3&4 NIA N/A $20 Double Shelter Area#i 8 N/A WA $30 Non Resident Fee: Flat $20 Picnic ShelterApplication/Rental Pioneer Park NE Section Area#1N!A N/A MD NE Section Area#2 WA WA no NE Section Area#3 N/A WA 320 Non Resident Fee: Flat 520 03-04 Rates Approved 6/16t03 Page 2 of 2 City of Azusa I Schedule of Fees and Charges Exhibit 11 WOMEN'S CLUB/AUDITORIUM Approved Approved Proposed i Service 2002-2003 2003-2004 2004-2005 Area Department/Description Fee/Unit Fee/Unit Fee/Unit S-48 Woman's Club Rental to Public Coordinated by Contractor: f Weekdays Meetings-8 a.m. -5 p.m. ($75 each addl hour $250 1 $250 $250 IFriday Evening Event $300 $300 $300 Saturday Afternoon Event(until 5 .m.) $400 $400 $400 i Saturday Afternoon Event(past 5 .m. $500 $500 $500 Saturday Evening $600 $600 $600 Sunday Event-Anytime $400 $400 $400 Event Liability Insurance $135 $145 $150 Security Deposit $300 $300 $300 Refundable, deposit to hold date Patio Wedding Ceremony $300 $300 $300 Fees lit between City and Contractor Additional time> 5 Hours $250 $250 $250 Per hour, fees lit between City and Contractor Ouincinera-An ime $700 $700 $700 Cleaning fee $100 Woman's Club-For Azusa based Non-Profit Organizations(Limited Dates Available Building Rental (per hour including set up and clean up time) $25 $25 $50 Kitchen (per hour NO N/A $25 Security Deposit Refundable, deposit to hold date $300 $300 $300 Staffing (per hour) 1 $15 Cleaning Fee $100 $100 $100 Event LiabilityInsurance $135 $145 $150 Alcohol Liability Insurance and License must pull their own $238 $345 $300 I Gazebo N/A N/A $300 S48.3 I Rental of Senior Center Small Class Rooms: (non rofd rofit) per hour $30/$50 Large Room: nonprofit)/(profit) per hour $60/$100 Kitchen: (non roft)/(profd) per hour $25/$50 Staffing: (after hours only)(nonprofit)Mhour .. hour $15/$15 Cleaning Fee: $100 flat fee $100 Security Deposit $200 refundable de $200 Non-resident fee(flat) $50 S 48.2 Special Event Insurance(Actual Cost odepending $54 $145 $145 on activityand Certificate of Insurancper iI 1 03-04 Rates Approved 6/16/03 Page 1 of 1 ,l -o ♦ � °Fri U � , I CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY CLERK VE,��' i DATE: MAY 17, 2004 i RE: ELECTION RESULTS FOR THE SPECIAL MUNICIPAL ELECTION HELD ON MAY 4, 2004, REGARDING THE MONROVIA NURSERY PROJECT. j j RECOMMENDATION It is recommended that City Council adopt resolution reciting the fact of the Special Municipal Election held in the City on May 4, 2004, and declaring the Results and such other matters as provided by the { provisions of law. I BACKGROUND Notice of the election was duly and regularly given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities. The City Clerk has canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part of the public record of the City of Azusa. FISCAL IMPACT All costs associated with the election are not tallied at this time. i f1 i , 1 i RESOLUTION NO. 04-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON MAY 4, 2004, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW. WHEREAS, a special municipal election was held and conducted in the City of Azusa, California, on Tuesday, May 4, 2004, as required by law, and WHEREAS, notice of the election was duly and regularly given in time, form and manner as provided by law;that voting precincts were properly established;that election officers were appointed and that in all respects the election was held and conducted and the votes were cast,received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities, and WHEREAS, the City Clerk of the City canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, does resolve, declare, determine and order as follows: SECTION 1. That the whole number of votes (ballots) cast in the City except absent voter ballots was 2,081. That the whole number of absent voter ballots cast in the City was 1,297, making a total of 3,874 ballots cast in the City. SECTION 2. That the title of the measures submitted to be voted upon at the election are as follows: MEASURE A-Shall an ordinance approving a zone change and the Monrovia Nursery Specific Plan(a Masterplan for future use of the 518-acre Monrovia Nursery site)which prohibits hillside development, approves a range of housing units, requires the landowner to build a new K-8 elementary/middle school,public parks and trails as well as provide land for a transit center and a new fire station, be app roved? Measure B - Shall an ordinance adopting a development agreement between the City of Azusa and Monrovia Nursery, which requires the landowner to pay development fees, permit fees, traffic improvement fees and related takes be approved? SECTION 3. That the number of votes given at the precinct and the number of votes given in the City to each of the measures were as listed In Exhibit A attached. SECTION 4. The City Council does declare and determine that: that Measure A, ordinance approving a zone change and the Monrovia Nursery Specific Plan (a Masterplan for future use of the 518-acre Monrovia Nursery site)which prohibits hillside development, approves a range of housing units, requires the landowner to build a new K-8 elementary/middle school, public parks and trails as well as provide land for a transit center and a new fire station,was approved and that Measure B, an ordinance adopting a development agreement between the City of Azusa and Monrovia Nursery, which requires the landowner to pay development fees, permit fees, traffic improvement fees and related taxes, was approved. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: 1. The whole number of votes (ballots) cast in the City; 2. The names of the measures voted for; i 3. The number of votes given at each precinct to each measure; 4. The total number of votes given to each measure. i SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED,APPROVED AND ADOPTED this 17'"day of May,2004. { i MAYOR i 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 March, 2004, by the following vote of the Council: AYES: COUNCILMEMBERS: I NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 1 CITY CLERIC i { EXHIBIT"A" CITY CLERK'S CERTIFICATE OF CANVASS I Vera Mendoza,City Clerk of the City of Azusa, County of Los Angeles, State of California,do hereby certify that I have canvassed the returns of the Special Municipal Election held In said City on the 4th day of May,2004, and find that the number of votes given at each precinct and the number of votes given in the City to the respective Measures voted for,were as follows: Dated; May 17,2004 CITY CLERK, CITY OF AZUSA.CALIFORNIA u yd am Q� r3 aT Qa Sg � mQ �i Po y em n$ .2' �1 `3u723ik". 4%�'a5iga,X a;� » g79, ,33XL n, sr18b;(T% oGwAV m 9 .;,...m as m Precinct Y: +rtt. 8ylp'x % "sI7Y9Ys v s 1—a""'"'18051 ta o I . . "._ a :i. ;�f Total n 805 7 1726 1320�Iy „� 934 1008 „ 931 t1 r}70 892 177 . 906 f" I tP urn -k q; (x72 It 11485 9$ 14949 Out 9.61'&, 4 I$ 14.1 i st 0; 15.1 _ R'fi„�q. 15.I � 8 16.411&,W ' Y 7 gIB 194 2.7a$ 195 W��l, 3$, MEAS A rd ' r i65.6 ;mss I T 3 ih'f'rFT� YES 6I 82 4 9' 4,kk9�i 158 65 6 Si.E G 101 72.1 t 2'STp 99 71.7 f t^ 107 73.8 I $8;5`. 139 81 3 2. 2 �; 205 71 7` 1082 84.6 2892 NO 13 17.6 $ 4d .; 83 34 4 30' fi 39 27 9 9 Z 3 39 28.3 �,I i' 38 26.2 �U"�1;; 32 18 7 MEAS B ,9 }471 4' 81 28.3 4 .Y f H:T 197 15.4 933 YES 61 80.3 y8; el 154 65 5 �M 9 - 100 71 9 96 71.6 i 7Y4 110 75 3 (�0 I 1 137 80 I .31 d' 204 71 3 2 " 7 1076 85.1 2877 NO 15 19.7 8�' 60i . 81 34 5 y,{ v17, 39 28 I A8� � t ilt 1ha 1" " r'' �1'' "'" Yr.6' r,+ =i.° 3 it2. 38 28.4 1 14 I{I2i 36 24 7 Irk,`20 . 34 19 9 p 11� 4 1192E 82 28 7 148. 15'3i 188 14.9 921 TOTAL - - _ N . .. .�e 3, OALLOTS 77 d1�{f';, > 244 ., 141 a; 1411 1 1461 �J y 176 417 289 X3'17 " 1297 3874 CAST saooaml. '�UFoar�� r CONSENT CALENDAR 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSO"IRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER ' VIA: ROBERT PERSON, INTERIM CITY MANAGER DATE: MAY 17, 2004 SUBJECT: REQUEST FOR AN INCREASE IN THE BLANKET PURCHASE ORDER NUMBER 410721 WORKERS' COMPENSATION CLAIMS EXPENSE ACCOUNT W THE AMOUNT OF $100,000 RECOMMENDATION It is recommended that the City Council approve an increase in the Blanket Purchase Order Number 417021 in the amount of $100,000 for a total new amount of $500,000. BACKGROUND Blanket purchase order number 410721 for the Workers'Compensation Claims Expense Account was originally established at $400,000 for Fiscal Year 2003 - 2004. The blanket purchase order was exceeded due to unexpected hgh volume of Workers' Compensation activity. FISCAL IMPACT I This action increases purchase order number 417021 by $100,000. There are sufficient funds in the City's Self Insurance Fund budget to cover this increase. j i i. i i i I Y_. BLANKET P.O. REQ. FORM PLEASE FILL OUT THE FOLLOWING INFOR1144TION AND RETURN TO PURCHASING BLANKET P.O. NUMBER: 410721/6004200 VENDOR NAME: CITY OF AZUSA—WORKERS'COMPENSATION IMPREST ACCOUNT ACCOUNT NUMBER: 42-50-923-000-6745 DUE DATE: 5/18/2004 FISCAL YEAR: 2003/2004 d DEPT. HEAD SIGNATURE: ACCOUNT NUMBER DESCRIPTION PRICE/COST 42-50-923-000-6745 Original PO was $400,000.00 Increase PO $100,000.00 New PO Amount $500,000.00 Prepared by. C / I�� ateC-5-1111104 pF'4c' T n r"(itaUPc°�P i To: Honorable Mayor and Members of the City Council From: Uriel Macias, City Treasurer Date: May 19, 2004 j Subject: City Treasurer's Statement of Cash and Investment Balances for the month of April 2004 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 April 2004. Backeround• { Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of April 2004. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 02 - C97 dated, October 6, 2003 and Government Code Section 53600 et seq. The balance 1. 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. l I City Treasurees Report City of Azusa Treasury Book Balances-Cash 8 Investments For April,2004 (Prepared by:U.Maden) Maximum ccoun s' AccVCusip No. Deposit Allowed Amour,t Pledged Securltles Mat.rl Callable "a Market Value HELD BY CITY TREASURER: Well Fargo Bank General Checking 4950-041244 No limit x 1,267,192.00 FDIC up to$10D,000.00 Ongoing We 1.375% 1,267,192.00 Overland Express Sweep No ILII x 3,935,280.64>$100,000 collalerized by 110%In govn't securities Ongoing NO 1.200% 3,935,280.84 Worker's Compensation Checking 0606-050318 No limit x 56,132.88 FDIC up to$100,000.00 Ongoing Na None 56,132.08 Flexible Reimbursement >$100,000 cellalerized by 110%In govn't securities 0606-55036 No limit x 9,850.31 FDIC up to$100,000.00 Ongoing Na None 9,850.31 Federal HMO Loan Note >$100,000 collaterized by 110%In govn'l securities 31339Y2X9 No limit x 2,500,000.00 Federally Sponsored Agency 07/14/08 10/14/03 3.000% 2,435,150.00 Federal Home Loan Note 3133MYKVS No limit x 5,000,000.00 Federally Sponsored Agency 11/21/08 08/21/03 4,020% 5,006,250.00 Federal Home Loan Note .3133XOLG2 No limit x 5,000,000.00 Federally Sponsored Agency 00/26/08 0826/04 4.200% 5,032,800.00 Federal Home Loan Bank 3133MYQ67 No limit x 5,000,000.00 Federally Sponsored Agency 0521/07 0521/04 3.100% 4,979,700.00 Payroll Checking(swept Into a ZBA account) 4159-281393 No limil x 0.00 FDIC up to$100,000.00 Ongoing Na None 0,00 >$100,000 collaterized by 110%In govn't securities Cedificale of Deposit(ISO) 3000311658 No limit x 300,000.00 FDIC up to$100,000.00 Ongoing Na 1.200% 305,359.74 ISO holds a$300,000 security,Interest In the CD Cegificate of Deposit(ISO) 1061-520284-000 No limit x 1,975,001.22 FDIC UP to$100,000.00(4100,000 collateralized by 110%In gov.secu 04/07/05 Na 1.900% 2,037,502.11 Police Petty Cash Fund 0606-050334 No limit x 339.12 FDIC up to$100,000.00 Ongoing n/a 0.350% 339.12 Light 8 Water Rate Stabilization Account 12764338 No limit x 9,215,000.00 Federally Sponsored Agencies Ongping Na 4.220% 9,199,462.50 Wells Fargo Bank Sub-Total: 34,258.796.17 34.265 019.30 Gllford Securities Acct 955921-12 Fed Home Loan M19 Corp.(Med.Tenn Note) 312BX04M8 No limit x 1,994,000.00 Federally Sponsored Agency 4/17/2008 10/172003 3.625% 1,990,160.00 Fed National M19 Assn.(Med,Term Note) 3128XOKVO No limit x 2,000,000.00 Federally Sponsored Agency 811212068Fed Home Loan Bank 313339XJA3 No limit x 2,003,291.67 Federally Sponsored Agency 8/122004 3.910% 2,003,120.000/182008 6/182004 3.000% 1,951,280.00 Fed Home Loan Bank 3136F36H4 No limit x 1,990,080.00 Federally Sponsored Agency 11/242008 17242004 4.250% 2,015,620.00 Local Agency Investment Fund(LAIF) 98.19-041 $40,000,000.00 x 25,238,578.43 Backed by full faith 8 credit of the Slate of California Ongoing Na 2.690% 25,238,578.43 TOTAL HELD BY CITY TREASURER 67,484,746.27 07,463 757.73 i WARRANT REGISTER#14 3FY7E91P20(03-04 T WARRANTS DATED 04/19/04 THRU 04/30/04 MMUMM ! RESOLUTION NO. I COUNCIL MEETING OF 05/17/04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID THE CITY COUNCIL OF THE CITY OF AZUSA does resolve as follows: SECTION 1. That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the respective Funds as hereinafter set forth: I 00 Pooled Cash $1854,709.21 10 General Fund 327,237.98 12 Gas Tax 1,631.56 15 Transportation/Proposition A Fund 3,059.18 17 Transportation/Proposition C Fund 1,806.65 I 18 Community Development Block Grand Fund 12,188.74 19 Dwelling Tax Fund (Quimby Act) 0.00 21 Senior Nutrition Fund 4,492.56 22 Capital Projects Fund 30,926.87 it 24 Public Benefit Program 16,032.91 26 Supplemental Law Enforcement Fund 3,631.17 27 Air Quality Improvement Fund 210.85 28 State Grants &Seizures 5,447.82 29 Fire Safety Fund 273.47 31 Consumer Services Fund 64,260.28 32 Water Fund 79,206.66 ; 33 Light Fund 1,061,726.45 34 Sewer Fund 4,620.28 !I 42 Self Insurance Fund 3,428.77 33 43 Central Services Fund 4,803.07 i 46 Equipment Replacement Fund 20,683.80 48 IT Services Fund 37,779.07 49 Public Works Endowment Fund 0.00 50 Special Deposits Fund 1,670.00 Total $3539,827.35 i I . d SECTION 2. That the City Clerk shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the City Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED this day of 2004. a MAYOR I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the day of 2004, by the following vote of the Council: AYES: COUNCILMEM 3ERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK WARRANTS# NONE HAND WRITTEN WARRANTS# NONE SPOILED DOCUMENTS WARRANTS# 62149— 62454 COMPUTER-WRITTEN WIRES# 98400— 9841 8 VENDOR EFT# 00280—00295 *J City of Azusa Warrants Register As-or date: 15 Page 1 15:49:14:49:14 04/19/2004 thru 04/30/2004 Warrants-Register-Detail Check# Check Date PayeeNendor Name Description Amount($) 00062149 04/19/2004 A&S PROFESSIONAL SECURITY 3/8-3/14/04 SECURITY SVCS 152.00 Total Check Number 00062141 - A&S PROFESSIONAL SECURITY 152.00 00062150 04/19/2004 ACCOUNTEMPS WK 3/19/04 VIRGIL ODONO 640.00 00062150 04/19/2004 ACCOUNTEMPS WK 3/19/04 VIRGIL ODONO 1,381.16 Total Check Number 0006215( - ACCOUNTEMPS 2,021.16 00062151 04/19/2004 ALL STATE POLICE EQUIPMENT CO. SW-IRDJS S &W SEARCH CAMERA- 3,604.73 Total Check Number 0006216' - ALL STATE POLICE EQUIPMENT CO. 3,604.73 00062152 04/19/2004 APPLE ONE WK 3/13/04 M.GOMEZ-VILLEGAS 710.40 Total Check Number 0006215: - APPLE ONE 710.40 00062153 04/19/2004 AZUSA PLUMBING & HEATING SUPP. #197968 FOR SUPPLIES NEEDED FO 61.10 Total Check Number 0006215: - AZUSA PLUMBING &HEATING SUPP. 61.10 00062154 04/19/2004 BASIC CHEMICAL SOLUTIONS #S14024428 FOR WELL#5 218.40 00062154 04/19/2004 BASIC CHEMICAL SOLUTIONS #S14024428 FOR WELL#5 218.40 00062154 04/19/2004 BASIC CHEMICAL SOLUTIONS #514024367- FOR WELL#11 218.40 Total Check Number 00062151 - BASIC CHEMICAL SOLUTIONS 655.20 00062155 04/19/2004 BENLO COMPANY INVOICE#709555, DATED 03/22/0 58.61 Total Check Number 00062151 - BENLO COMPANY 58.61 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/1212004 Page 2 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062156 04/19/2004 BEST BEST& KRIEGER LLP #455802 FOR ABACUS/SIMICH 2,730.00 00062156 04/19/2004 BEST BEST& KRIEGER LLP #455795 FOR CUSTOMER CARE -SE 691.50 00062156 04/19/2004 BEST BEST& KRIEGER LLP #455794 FOR ELECTRIC 409.50 00062156 04/19/2004 BEST BEST& KRIEGER LLP #455802 FOR ABACUS/SIMICH 667.25 00062156 04/19/2004 BEST BEST& KRIEGER LLP 2/04 LGL-ROP4 SETTLEMENT AGRMT 5,753.65 Total Check Number 0006215E - BEST BEST& KRIEGER LLP 10,251.90 00062157 04/19/2004 BRAGG ASSOCIATES, INC.,GREGORY JAN'04 Liability Claims 338.00 Total Check Number 00062151 - BRAGG ASSOCIATES, INC.,GREGORY 338.00 00062158 04/19/2004 BRODERICK'S AUTO BODY P-15 REPAIR RT FRONT DOOR, 250.00 Total Check Number 00062151 - BRODERICK'S AUTO BODY 250.00 00062159 04/19/2004 COLBY PEST CONTROL SERVICE #15363 PEST CONTROL-TREATMENT 45.00 00062159 04/19/2004 COLBY PEST CONTROL SERVICE #15362 FOR PEST CONTROL-GLADST 45.00 00062159 04/19/2004 COLBY PEST CONTROL SERVICE #15363 PEST CONTROL-TREATMENT 35.00 00062159 04/19/2004 COLBY PEST CONTROL SERVICE #15362 FOR PEST CONTROL-GLADST 75.00 Total Check Number 00062161 - COLBY PEST CONTROL SERVICE 200.00 00062160 04/19/2004 COMMUNICATIONS CENTER, THE INV 42673 COMPLETE PM/FCC CHEC 47.50 Total Check Number 0006216( - COMMUNICATIONS CENTER,THE 47.50 00062161 04/19/2004 CUSTOM SIGNS INC. Inv#4868/3-10-04 COMM DEVLOP 1,349.64 Total Check Number 0006216' - CUSTOM SIGNS INC. 1,349.64 00062162 04/19/2004 DANONE WATERS OF N.AMERICA #7716600-61 FOR BOTTLED WATER 178.01 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 5/12/2004 Page 3 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006216: - DANONE WATERS OF N.AMERICA 178.01 00062163 04/19/2004 DICK'S AUTO SUPPLY #1303886 FOR BELT FOR AIR COMP 1.40 00062163 04/19/2004 DICK'S AUTO SUPPLY #1303886 FOR BELT FOR AIR COMP 8.42 00062163 04/19/2004 DICK'S AUTO SUPPLY #1303886 FOR BELT FOR AIR COMP 88.31 Total Check Number 0006216: - DICK'S AUTO SUPPLY 08.13 00062164 04/19/2004 DIETERICH-POST COMPANY #600448 FOR BOND PAPER 36X300, 44.13 Total Check Number 0006216, - DIETERICH-POST COMPANY 44.13 00062165 04/19/2004 ECONOMY AUTO CENTER INV 47680 P-8 48K SERVICE 58.15 00062165 04/19/2004 ECONOMY AUTO CENTER INV 47688 P-17 CHECK BATTERY A 137.87 Total Check Number 0006216: - ECONOMY AUTO CENTER 196.02 00062166 04/19/2004 FOOTHILL LAUNDROMAT REBATE ENERGY CONSERVATION 10,000m Total Check Number 0006216E - FOOTHILL LAUNDROMAT 10,000.00 00062167 04/19/2004 HOME DEPOT/GECF 03/22/04 FOR TOPPER(8) JOB R 8.51 00062167 04/19/2004 HOME DEPOT/GECF 03/22/04 FOR TOPPER (8) JOB R 34.47 00062167 04/19/2004 HOME DEPOT/GECF 03/23/04-LASH STRAP, BLOW GU 2.48 00062167 04/19/2004 HOME DEPOT/GECF 03/22/04 FOR TOPPER(8) JOB R 52.63 Total Check Number 00062161 - HOME DEPOT/GECF 98.09 00062168 04/19/2004 HYDRO CONNECTIONS INC. INV#93752, DATED 3/23/04 113.66 Prepared by: Ruby Covar ubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 4 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 00062161 - HYDRO CONNECTIONS INC. 113.66 00062169 04/19/2004 INFOSEND INC #13502 FOR POSTAGE & MAIL PROC 8,943.83 Total Check Number 00062164 - INFOSEND INC 8,943.83 00062170 04/19/2004 ITRON INC. #233545 FOR QUARTERLY SYSTEM H 1,358.03 Total Check Number 0006217( - ITRON INC. 1,358.03 00062171 04/19/2004 JOBS AVAILABLE INC. Inv#407008/Bldg Inspector 178,75 Total Check Number 0006217' - JOBS AVAILABLE INC. 178.75 00062172 04/19/2004 MARSAN TURF & IRRIGATION INV#264497, DATE 3/22/04 1,004.94 Total Check Number 0006217: - MARSAN TURF& IRRIGATION 1,004.94 00062173 04/19/2004 MAXIMUS FY'03-04 PREP &SUBMISSION 1,987.00 Total Check Number 0006217: - MAXIMUS 1,987.00 00062174 04/19/2004 MORRISON'S HEALTH CARE INC. Senior meals 3/12 to 3/18/04 1,849.70 Total Check Number 0006217/ - MORRISON'S HEALTH CARE INC. 1,849.70 00062175 04/19/2004 NORM & BOB'S TIRE WAREHOUSE Dismount and mount two tires; 56.00 Total Check Number 0006217.1 - NORM &BOB'S TIRE WAREHOUSE 56.00 00062176 04/19/2004 ORIENTAL TRADING CO INC. Candy Canes 293.76 Prepared by: Ruby Covarrubias i City of Azusa Warrants Register As-of date: 05/12/2004 Page 5 15:49:14 04/19/2004 thru 04/30/2004 W arrants_Register_Deta it Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006217E - ORIENTAL TRADING CO INC. 293.76 00062177 04/19/2004 PROFORMA PRINTING SERVICES ANNL RPRT'03 MAILING 16 3,848.39 00062177 04/19/2004 PROFORMA PRINTING SERVICES ANNL RPRT'03 MAILING 16 5,795.10 Total Check Number 0006217, - PROFORMA PRINTING SERVICES 9,643.49 00062178 04/19/2004 THE PUBLIC STRATEGIES GROUP INV#6 RBB CONSULTING SVCS 17,257.84 Total Check Number 00062171 - THE PUBLIC STRATEGIES GROUP 17,257.84 00062179 04/19/2004 RADIO SHACK ACCTS RECEIVABLE SERIAL CABLE ETC INV#073899 169.86 Total Check Number 00062171 - RADIO SHACK ACCT'S RECEIVABLE 169.86 00062180 04/19/2004 RELIABLE OFFICE SUPPLY EQUIP. chair pad for administration d 415.68 Total Check Number 0006218( - RELIABLE OFFICE SUPPLY EQUIP. 415.68 00062181 04/19/2004 ROMO AUTO/TRUCK REP CORP,ALEX Replace faulty heater hose fit 462.14 00062181 04/19/2004 ROMO AUTO/TRUCK REP CORP,ALEX Parts for B00011 C 0092 119.93 Total Check Number 0006218' - ROMO AUTOITRUCK REP CORP,ALEX 582.07 00062182 04/19/2004 SAN GABRIEL VALLEY TRIBUNE #543905403362 date 12/28/03 2,575.00 Total Check Number 0006218: - SAN GABRIEL VALLEY TRIBUNE 2,575.00 00062183 04/19/2004 SOUTHERN CALIFORNIA EDISON CO.- 04/03/04 1051 E BADILLO, WEST 20,569.97 00062183 04/19/2004 SOUTHERN CALIFORNIA EDISON CO. TRANSMISSION - MAR04 15.77 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 6 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register_Detait Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006218: - SOUTHERN CALIFORNIA EDISON CO. 20,585.74 00062184 04/19/2004 STAPLES INV 14378 OPTICAL MOUSE FOR US 43.28 Total Check Number 00062184 - STAPLES 43.28 00062185 04/19/2004 VERIZON (GTE) 626-197-5078 14,063.31 Total Check Number 00062181 - VERIZON (GTE) 14,063.31 00062186 04/19/2004 WACKENHUT CORP. SVCS 3/15-3/21/04#3102297 7,431.76 Total Check Number 0006218E - WACKENHUT CORP. 7,431.76 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128664-00 FOR 6 FEBCO DCDA OS 250.86 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #11349-00 FOR 17X30 ARMORCAST 557.05 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #11326-00 FOR 1X3/4 GALV BUSHI 719.45 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #11349-00 FOR 17X30 ARMORCAST 553.34 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128502-00 FOR 6 FEBCO DCDA OS 225.00 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128425-00 FOR 1X3/4 BRZ BUSHI 155.30 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128177-00 FOR FORKLIFT RENTAL 315.00 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128664-00 FOR 6 FEBCO DCDA OS 13.38 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #11294-00 FOR 1 GAL#50 BITUMA 5,082.73 00062187 04/19/2004 WESTERN WATER WORKS SUPPLY CO. #128425-00 FOR 1X3/4 BRZ BUSHI 452.01 Total Check Number 00062181 - WESTERN WATER WORKS SUPPLY CO. 8,324.12 00062188 04/19/2004 WILLISON, SANDY Meetings &Conferences 97.37 Total Check Number 00062181 - WILLISON,SANDY 97.37 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 7 15:49:14 04/19/2004 thru 04/30/2004 W arranls_Reg ister_Deta it Check# Check Date Payee/Vendor Name Descriptlon Amount($) 00062189 04/19/2004 WREN &ASSOCIATES 3/8-3/19/04 INV#2004-04 D.WREN 3,300.00 Total Check Number 00062181 - WREN &ASSOCIATES 3,300.00 00062190 04/19/2004 XEROX CORPORATION INV 001483392 2/04 XEROX MAI NT 80.19 Total Check Number 0006219( - XEROX CORPORATION 80.19 00062191 04/19/2004 ZEE MEDICAL SERVICE CO. INV 140650380 FIRST AID SUPPLI 74.37 Total Check Number 0006219' - ZEE MEDICAL SERVICE CO. 74.37 00062192 04/20/2004 AT&T WIRELESS SERVICES ACCT#10217073 CDPD MONTHLY 931.00 Total Check Number 0006219: - AT&T WIRELESS SERVICES 931.00 00062193 04/20/2004 B&K ELECTRIC WHOLESALE #51794805.001 PVS43SR SWEDGE 5.77 00062193 04/20/2004 B&K ELECTRIC WHOLESALE #51794805.001 PVS43SR SWEDGE 273.00 Total Check Number 0006219: - B&K ELECTRIC WHOLESALE 278.77 00062194 04/20/2004 BASIC CHEMICAL SOLUTIONS #S14028360 FOR WELL#1 231.38 00062194 04/20/2004 BASIC CHEMICAL SOLUTIONS #514024368 sODIUM hYPOCHLORITE 5.03 Total Check Number 00062191 - BASIC CHEMICAL SOLUTIONS 236.41 00062195 04/20/2004 BROWN MOTOR WORKS INV 96106546 M-5 REPAIR RUNNIN 90.24 Total Check Number 0006219! - BROWN MOTOR WORKS 90.24 00062196 04/20/2004 CANNON BUSINESS SOLUTIONS #A6837600 FOR COPIER MAINT. 261.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 6 04/19/2004 thru 04/30/2004 15:49:14 W arrants_Reg ister_Deta it Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006219E - CANNON BUSINESS SOLUTIONS 261.00 00062197 04/20/2004 CHROMATE INDUSTRIAL CORP METER SHOP SUPPLY INV#91 BA17 20.73 Total Check Number 00062191 - CHROMATE INDUSTRIAL CORP 20.73 00062198 04/20/2004 CLA-VAL #342682 FOR ANNUAL SERVICE MWD 855.01 Total Check Number 00062191 - CLA-VAL 855.01 00062199 04/20/2004 DAY WIRELESS SYSTEMS MOTOROLA HT750 UHF 16 CHANNEL 1,944.97 Total Check Number 00062191 - DAY WIRELESS SYSTEMS 1,944.97 00062200 04/20/2004 DEPARTMENT, STATE OF CA ROUTINE SIGNAL MAINTENANCE #1 474.12 Total Check Number 0006220( - DEPARTMENT,STATE OF CA 474.12 00062201 04/20/2004 DICK'S AUTO SUPPLY INVOICE#1304022, DATED 03/24/ 5.22 00062201 04/20/2004 DICK'S AUTO SUPPLY INVOICE#1304097, DATED 03/24/ 255.32 Total Check Number 0006220' - DICK'S AUTO SUPPLY 260.54 00062202 04/20/2004 DIVERSIFIED PHOTO SUPPLY ITEM PAAA4CD AAA 4/CARD 207.12 Total Check Number 0006220: - DIVERSIFIED PHOTO SUPPLY 207.12 00062203 04/20/2004 ECONOMY AUTO CENTER INV 45918 D-15 CHANGE OIL, FIL 637.95 00062203 04/20/2004 ECONOMY AUTO CENTER #45903 REPLACE BAD IGNITION MO 43.15 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 9 15:49:14 04/19/2004 thru 04/30/2004 W arra nts_Register_D eta;I Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006220/ - ECONOMY AUTO CENTER 681.10 00062204 04/20/2004 FAWCETT HARDWARE & LUMBER CAUTION TAPE ETC INV#49419 20.54 00062204 04/20/2004 FAWCETT HARDWARE & LUMBER INV#49440, DATED 3/24/04 6.68 Total Check Number 00062204 - FAWCETT HARDWARE &LUMBER 27.22 00062205 04/20/2004 FEDERAL EXPRESS CORPORATION #1-693-31925 FOR COURIER SERVI 77.49 Total Check Number 00062201 - FEDERAL EXPRESS CORPORATION 77.49 00062206 04/20/2004 GOVCONNECTION INC ITEM#415206 VIEWSONIC 17 4,061.54 Total Check Number 0006220( - GOVCONNECTION INC 4,061.54 00062207 04/20/2004 GRAINGER INC, W.W. #457-802521-7 SUPPLIES FOR NEW 38.09 Total Check Number 0006220; - GRAINGER INC,W.W. 38.09 00062208 04/20/2004 HOME DEPOT/GECF 03/25/04 FOR SPREADERS, F96T12 47.21 00062208 04/20/2004 HOME DEPOT/GECF 03/24/04 FOR C BLACK& SI,3 IN 36.09 Total Check Number 00062201 - HOME DEPOT/GECF 83.30 00062209 04/20/2004 HOME DEPOT/GECF INV 94061074, DATED 3/18/04 76.64 00062209 04/20/2004 HOME DEPOT/GECF INV#8590847, DATED 3/04/04 58.48 00062209 04/20/2004 HOME DEPOT/GECF INV#6070893, DATED 3/16/04 87.03 00062209 04/20/2004 HOME DEPOT/GECF INV#5025033, DATED 02/26/04 23.91 00062209 04/20/2004 HOME DEPOT/GECF INV#1026836, DATED 3/11/04 35.57 00062209 04120/2004 HOME DEPOT/GECF INV#4591048, DATED 3/08/04 27.05 00062209 04/20/2004 HOME DEPOT/GECF INV#3081693, DATED 3/19/04 56.78 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 10 04/19/2004 thru 04/30/2004 15:49:14 Warrants_Register Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062209 04/20/2004 HOME DEPOT/GECF INV#4591048, DATED 3/08/04 71.96 00062209 04/20/2004 HOME DEPOT/GECF INV#7027278, DATED 3/15/04 14.45 00062209 04/20/2004 HOME DEPOT/GECF INV#1590715, DATED 3/01/04 4.22 00062209 04/20/2004 HOME DEPOT/GECF INV#7591404, DATED 3/15/04 19.42 00062209 04/20/2004 HOME DEPOT/GECF INV#4026470, DATED 3/08/04 79.74 00062209 04/20/2004 HOME DEPOT/GECF INV#5591533, DATED 3/17/04 37.66 00062209 04/20/2004 HOME DEPOT/GECF INV#4026470, DATED 3/08/04 11.90 00062209 04/20/2004 HOME DEPOT/GECF INV#1016016, DATED 3/11/04 33.53 00062209 04/20/2004 HOME DEPOT/GECF INV#9030804, DATED 3/03/04 10.44 00062209 04/20/2004 HOME DEPOT/GECF INV#7197391, DATED 3/15/04 63.68 00062209 04/20/2004 HOME DEPOT/GECF INV#9261544, DATED 3/03/04 48.76 00062209 04/20/2004 HOME DEPOT/GECF INV#4061074, DATED 3/18/04 24.30 00062209 04/20/2004 HOME DEPOT/GECF INV#6195114, DATED 02/25/04 62.29 00062209 04/20/2004 HOME DEPOT/GECF INV#4061074, DATED 3/18/04 30.23 00062209 04/20/2004 HOME DEPOT/GECF INV#9590785, DATED 3/03/04 62.37 00062209 04/20/2004 HOME DEPOT/GECF INV#2026768, DATED 3/10/04 24.99 00062209 04/20/2004 HOME DEPOT/GECF INV#4591048, DATED 3/08/04 71.06 00062209 04/20/2004 HOME DEPOT/GECF INV#1016016, DATED 3/11/04 16.45 00062209 04/20/2004 HOME DEPOT/GECF INV#4026433, DATED 3/08/04 45.42 00062209 04/20/2004 HOME DEPOT/GECF INV#5591533, DATED 3/17/04 60.35 00062209 04/20/2004 HOME DEPOT/GECF INV#5025033, DATED 02/26/04 129.84 Total Check Number 00062201 - HOME DEPOT/GECF 1,288.52 00062210 04/20/2004 HYDRO CONNECTIONS INC. INVOICE#93769, DATED 03/24/04 32.06 00062210 04/20/2004 HYDRO CONNECTIONS INC. INVOICE#93769, DATED 03/24/04 28.79 Total Check Number 0006221( - HYDRO CONNECTIONS INC. 60.85 00062211 04/20/2004 INTEGRITY ENGINEERING #29 INSTALL RADIO COMMUNICATIO 2,350.00 Prepared by: Ruby Covarrubias City of Azusa Pae 11 Warrants Register As-of date: 05/12/2004 9 15:49:14 04/19/2004 thru 04/30/2004 Warrants-Register-Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 0006221' - INTEGRITY ENGINEERING 2,350.00 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 108.72 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE INV#319387819, 3/25/04 FACLTY 17.60 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 7.04 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE INV#19387815, 3/25/04 GARAGE 44.40 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 56.34 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387814 FOR LAUNDRY SERVICE 353.62 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 19.02 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387817/LAUNDRY SVC/STORES 76.32 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 14.92 00062212 04/2012004 MISSION UNIFORM/LINEN SERVICE #19387814 FOR LAUNDRY SERVICE 78.73 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 19.99 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387813 FOR LAUNDRY SERVICES 65.34 00062212 04/20/2004 MISSION UNIFORM/LINEN SERVICE #19387811/LAUNDRY SVC/STORES 14.43 Total Check Number 0006221; - MISSION UNIFORM/LINEN SERVICE 876.47 00062213 04/20/2004 MONROVIA REPRODUCTION INV#86397, DATED 3/24/04 5.41 Total Check Number 0006221: - MONROVIA REPRODUCTION 5.41 00062214 04/20/2004 SOUTHWEST POWER INC. CONNECTOR46 strd,fargo 2,438.88 Total Check Number 0006221 - SOUTHWEST POWER INC. 2,438.88 00062215 04/21/2004 ARCH WIRELESS INV N60583681):APRIL CELL PHON 161.31 Total Check Number 00062211 - ARCH WIRELESS 161.31 00062216 04/21/2004 ARROYO GEOTECHNICAL #031-5063 SVCS -11/29/02 1,070.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-o(date: 05/12/2004 Page 12 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register_Detail Check# Check Date PayeelVendor Name Description Amount($) Total Check Number 0006221E - ARROYO GEOTECHNICAL 1,070.00 00062217 04/21/2004 AVAYA INC (LUCENT) #2717950683 FOR TELEPHONE EQUI 200.47 Total Check Number 0006221; - AVAYA INC (LUCENT) 200.47 00062218 04/21/2004 AZUSA ASSOCIATES LLC INTRST ON REFUND THRU 4/22/04 18,508.49 Total Check Number 00062211 - AZUSA ASSOCIATES LLC 18,508.49 00062219 04/21/2004 AZUSA ASSOCIATES LLC REFUND DEP WO#LT1957 MT.COVE 83,352.45 Total Check Number 00062211 - AZUSA ASSOCIATES LLC 83,352.45 00062220 04/21/2004 AZUSA ASSOCIATES LLC - INTRST ON REFUND THRU 4/22/04 113,292.99 Total Check Number 0006222( - AZUSA ASSOCIATES LLC 113,292.99 00062221 04/21/2004 AZUSA ASSOCIATES LLC INTRST ON REFUND THRU 4/22/04 37,990.62 Total Check Number 0006222, - AZUSA ASSOCIATES LLC 37,990.62 00062222 04/21/2004 AZUSA ASSOCIATES LLC INTRST ON REFUND THRU 4/22/04 65,333.67 Total Check Number 0006222, - AZUSA ASSOCIATES LLC 65,333.67 00062223 04/21/2004 AZUSA/, CITY OF FEB'04 MED & DEP CARE REIMB 5,296.16 Total Check Number 0006222; - AZUSA/, CITY OF 5,296.16 00062224 04/21/2004 CHAD, T.K. REFUND DEP WO#WT0349 541 CANYN 2,218.92 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 5/12/2004 Page 13 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount(S) Total Check Number 00062221 - CHAU,T.K. 2,218.92 00062225 04/21/2004 CHRISTIAN, JOHN A. INV 04-3 3/04 CAL-ID SERVICES 540.00 Total Check Number 0006222: - CHRISTIAN,JOHN A. 540.00 00062226 04/21/2004 COMMUNICATIONS CENTER, THE INV 42699 P-4 LABOR 251.03 Total Check Number 00062224 - COMMUNICATIONS CENTER,THE 251.03 00062227 04/21/2004 DEBILIO DISTRIBUTORS INC. INV 138292 FOOD FOR JAIL 240.76 Total Check Number 00062221 - DEBILIO DISTRIBUTORS INC. 240.76 00062228 04/21/2004 DICKERSON, BARBARA REBATE DRIP PROGRAM LANDSCAPE 1,010.27 Total Check Number 00062221 - DICKERSON, BARBARA 1,010.27 00062229 04/21/2004 DIVERSIFIED RISK INS BROKERS APR'04 EVENTS ICRMA PROGRAM 294.10 Total Check Number 00062221 - DIVERSIFIED RISK INS BROKERS 294.10 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 10852058006/733 N DALTON 2/23- 29.59 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 16112069006/1001 N AZUSA 2/24- 581.42 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 18622058008/725N ALAMEDA 2/23- 232.31 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 04552064000/501 E 5TH POOL 2/2 34.51 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 04552064000/501 E 5TH POOL 1/2 57.51 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 16112069006/1001 N AZUSA 2/24- 110.27 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 16112069006/1001 N AZUSA 2/24- 1,361.34 00062230 04/21/2004 SOUTHERN CALIFORNIA GAS CO. 18832058004174ON ALAMEDA 2/23- 28.76 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 14 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register_Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 0006223( - SOUTHERN CALIFORNIA GAS CO. 2,435.71 00062231 04/21/2004 GOVCONNECTION INC 4783188 NB SATELLITE P15-S409 2,522.01 Total Check Number 0006223' - GOVCONNECTION INC 2,522.01 00062232 04/21/2004 HDL COREN & CONE CORP. #0009339-IN SALES QTR 1 SVCS 1,355.76 Total Check Number 0006223, - HDL COREN &CONE CORP. 1,355.76 00062233 04/21/2004 MISSION UNIFORM/LINEN SERVICE INV 19387820 PRISONER LAUNDRY 110.78 00062233 04/21/2004 MISSION UNIFORM/LINEN SERVICE #S702961LAUNDRY SVC/WATER DIV. 35.98 Total Check Number 000622X - MISSION UNIFORM/LINEN SERVICE 146.76 00062234 04/21/2004 MORALES, CRISTINA GOMEZ REIMB MAR'04 INTERNET SVCS 34.95 Total Check Number 00062234 - MORALES, CRISTINA GOMEZ 34.95 00062235 04/21/2004 MORRISON'S HEALTH CARE INC.. Senior meals 3/19 to 3/25/05 1,730.45 Total Check Number 00062231 - MORRISON'S HEALTH CARE INC. 1,730.45 00062236 04/21/2004 NEXTEL COMMUNICATIONS NEXTEL PHONE (BLACK) MOD. #15 1,562.43 Total Check Number 0006223( - NEXTEL COMMUNICATIONS 1,562.43 00062237 04/21/2004 PEACE OFFICERS ASSOC L.A. CO. '04 7 MEMBRSHPS#A003#2004-01 210.00 Total Check Number 00062231 - PEACE OFFICERS ASSOC L.A. CO. 210.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 5/12/2004 Page 15 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062238 04/21/2004 PIONEER AMERICAS LLC #55-38523123 FOR CHLORINE DELI 389.00 Total Check Number 00062231 - PIONEER AMERICAS LLC 389.00 00062239 04/21/2004 PLANTRONICS INC. REPAIR ADAPTERS 106.09 Total Check Number 00062235 - PLANTRONICS INC. 106.09 00062240 04/21/2004 PROJECT SISTER SEXUAL 10/03-11/03-12/03 PRJ SISTER S 579.41 Total Check Number 0006224( - PROJECT SISTER SEXUAL 579.41 00062241 04/21/2004 SANTA ANITA FAMILY SERVICES 3/04 SR REFERRAL SVCS 1,808.90 Total Check Number 0006224' - SANTA ANITA FAMILY SERVICES 1,808.90 00062242 04/21/2004 SO CAL EDISON COMPANY ENERGY FOR CITRUS/ALOSTA SIGNA 34.91 Total Check Number 0006224: - 50 CAL EDISON COMPANY 34.91 00062243 04/21/2004 SOUTHERN CALIFORNIA EDISON CO. 04/07/04 FOR IRWINDALE N/O ARR 526.83 00062243 04/21/2004 SOUTHERN CALIFORNIA EDISON CO. 04/07/04 FOR 100 S. PECKHAM,A 31.82 Total Check Number 0006224: - SOUTHERN CALIFORNIA EDISON CO. 558.65 00062244 04/21/2004 STANLEY PEST CONTROL CORP. 3/04 PEST SVC-619 N AZUSA 45.00 00062244 04/21/2004 STANLEY PEST CONTROL CORP. 3/04 PEST SVC-619 N AZUSA 55.00 00062244 04/21/2004 STANLEY PEST CONTROL CORP. 3/04 PEST SVC-628 AZUSA 95.00 Total Check Number 00062241 - STANLEY PEST CONTROL CORP. 195.00 00062245 04/21/2004 STATER BROS. MARKETS XT 7868 FOOD FOR TRUSTIES AND 110.25 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 16 04/19/2004 thru 04/30/2004 15:49:14 Warrants_Register Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006224! - STATER BROS. MARKETS 110.25 00062246 04/21/2004 TRIANGLE TRUCK PARTS INC. #215381 FOR MIROR HEAD, HEAD W 68.35 Total Check Number 0006224E - TRIANGLE TRUCK PARTS INC. 68.35 00062247 04/21/2004 TUCKER&SON INC, J.G. #00042561 FOR SURVEYOR VESTS, 162.06 Total Check Number 00062241 - TUCKER&SON INC,J.G. 162.06 00062248 04/21/2004 VERIZON (GTE) 626-197-5078 DATED 3/28/04 13,914.25 Total Check Number 00062241 - VERIZON (GTE) 13,914.25 00062249 04/21/2004 VERIZON (GTE) 626-334-5014 FOR 3/28/04 75.10 Total Check Number 00062241 - VERIZON (GTE) 75.10 00062250 04/21/2004 WANSTRATH, ELAINE REIMB PAPER SHREDDER/SAM'S CLB 42.95 Total Check Number 0006225( - WANSTRATH, ELAINE 42.95 00062251 04/21/2004 WESTERN WATER WORKS SUPPLY CO. #11325-00 FOR MARKING PAINT WH 194.22 Total Check Number 0006225' - WESTERN WATER WORKS SUPPLY CO. 194.22 00062252 04/22/2004 A&S PROFESSIONAL SECURITY 3/15-3/21/04 SECURITY SVCS#59 152.00 Total Check Number 0006225: - A&S PROFESSIONAL SECURITY 152.00 00062253 04/22/2004 APPLE ONE WK 3/20/04 M.GOMEZ-VILLEGAS 710.40 Prepared by: Ruby Covarrubias City of Azusa Page 17 Warrants Register As-otdate: 05/12/2004 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date PayeelVendor Name Description Amount($) Total Check Number 0006225: - APPLE ONE 710.40 00062254 04/22/2004 ARC NETWORK,THE REGSTN D.BREWER 6/19-6124/04 1,148.00 Total Check Number 00062251 - ARC NETWORK,THE 1,148.00 00062255 04/22/2004 BRUNO, OLGA TRVL ADV HAZ MAT 5/10-5/14,SLO 470.50 Total Check Number 0006225.8 - BRUNO, OLGA 470.50 00062256 04/22/2004 CALIFORNIA ASSOC. FOR REFUND SEC DEP WMN CLB 3/20/04 300.00 Total Check Number 0006225E - CALIFORNIA ASSOC. FOR 300.00 00062257 04/22/2004 CALIFORNIA NEVADA SECTION AWWA #6000735511 SAFE DRKNG WATER 225.00 Total Check Number 00062257 - CALIFORNIA NEVADA SECTION AWWA 225.00 00062258 04/22/2004 CARLTOCK, PETER INSTALL 1 CATSe, RELOCAT FAX L 480.00 Total Check Number 00062251 - CARLTOCK, PETER 480.00 00062259 04/22/2004 CSTI V.PADILLA HAZ-MAT 5/10-5114, 800.00 Total Check Number 00062251 - CSTI 800.00 00062260 04/22/2004 DEPARTMENT OF CONSERVATION STRNG MTN INST 111-3/31/04 358.72 Total Check Number 0006226( - DEPARTMENT OF CONSERVATION 358.72 00062261 04/22/2004 GARAY, CHRISTOPHER J. REBATE REFRIGERATOR PROGRAM 100.00 Prepared by: Ruby Covamrbias City of Azusa Warrants Register As-of date: 05/12/2004 Page 18 04/19/2004 thru 04/30/2004 15:49:14 Warrants_Register—Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 0006226' - GARAY, CHRISTOPHER J. 100.00 00062262 04/22/2004 GONZALES, RUDY CHEMICAL MAGIC 4/27/04 PERFORM 250.00 Total Check Number 0006226: - GONZALES, RUDY 250.00 00062263 04/22/2004 GOROSPE, SHIRLEY REBATE REFRIGERATOR PROGRAM 100.00 Total Check Number 0006226/ - GOROSPE,SHIRLEY 100.00 00062264 04/22/2004 HIPPLER, BRUCE W. REBATE REFRIGERATOR PROGRAM 100.00 Total Check Number 00062261 - HIPPLER, BRUCE W. 100.00 00062265 04/22/2004 LEDFORD ROOFING RE-ROOF 132 VERNON,FINAL ON CO 4,600.00 Total Check Number 00062261 - LEDFORD ROOFING 4,600.00 00062266 04/22/2004 LOVELL, SHERYLYN REBATE REFRIGERATOR PROGRAM 100.00 Total Check Number 0006226E - LOVELL, SHERYLYN 100.00 00062267 04/22/2004 MAINTEX MOP-handle cotton bowl mop 1,082.39 00062267 04/22/2004 MAINTEX PAPER-toilet,roll 419.58 00062267 04/22/2004 MAINTEX MOP-handle cotton bowl mop 106.78 Total Check Number 00062261 - MAINTEX 1,608.75 00062268 04/22/2004 MARTIN & CHAPMAN COMPANY 2004 CITY CLERK DIRECTORY 17.99 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 19 15:49:14 04/19/2004 thru 04/30/2004 Warrants-Register-Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 00062261 - MARTIN &CHAPMAN COMPANY 17.99 00062269 04/22/2004 MATERIAL DAMAGE APPRAISAL SALVADOR SAN MARTIN#04-5 163.38 Total Check Number 00062264 - MATERIAL DAMAGE APPRAISAL 163.38 00062270 04/22/2004 MCKOVICH DUVALL, PAMELA 4/28/04 PERFORM VOLUNTEER DINN 200.00 Total Check Number 0006227( - MCKOVICH DUVALL, PAMELA 200.00 00062271 04/22/2004 MCNEILL SECURITY SYSTEMS 4/04-6/04 QTR SVCS, MAINTENANC 4,095.00 Total Check Number 0006227' - MCNEILL SECURITY SYSTEMS 4,095.00 00062272 04/22/2004 MERCURY FENCE COMPANY INC. REPLACING & REPAIRING FENCING 6,225.00 Total Check Number 0006227, - MERCURY FENCE COMPANY INC. 6,225.00 00062273 04/22/2004 MONROVIA REPRODUCTION Inv. 86222 Bike Path specs 149.39 00062273 04/22/2004 MONROVIA REPRODUCTION INV#86029 COLOR SCAN/BOND 348.84 Total Check Number 0006227: - MONROVIA REPRODUCTION 498.23 00062274 04/22/2004 OMEGA GROUP,THE SOFTWARE SUPPORT FOR"CRIME VI 1,995.00 Total Check Number 00062271 - OMEGA GROUP,THE 1,995.00 00062275 04/22/2004 PADILLA,VICTOR TRVL ADV 5/10-5/14 HAZ-MAT,SLO 470.50 Total Check Number 0006227.1 - PADILLA,VICTOR 470.50 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05112/2004 Page 20 04/19/2004 thru 04/30/2004 15:49:14 W arrants_Reg ister_Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062276 04/22/2004 PARTEE INSURANCE ASSOCIATES Employee Blanket Bond 04/05 697.50 Total Check Number 00062274 - PARTEE INSURANCE ASSOCIATES 697.50 00062277 04/22/2004 PEREZ, IMELDA REFUND SANDY PEREZ SOFTBALL 45.00 Total Check Number 00062271 - PEREZ, IMELDA 45.00 00062278 04/22/2004 PHOENIX FOOD SERVICES LUNCH O.BRUNO HAZ-MAT 5/10-14/ 105.56 Total Check Number 00062271 - PHOENIX FOOD SERVICES 105.56 00062279 04/22/2004 PREFERRED AERIAL& CRANE TECH ANNUAL INSPECTION & DIELECTRIC 2,355.00 Total Check Number 00062271 - PREFERRED AERIAL& CRANE TECH 2,355.00 00062280 04/22/2004 RENTSCHLER, SANDRA REBATE REFRIGERATOR PROGRAM 100.00 Total Check Number 0006228( - RENTSCHLER, SANDRA 100.00 00062281 04/22/2004 ROGERS, FERN REBATE REFRIGERATOR PROGRAM 100.00 Total Check Number 0006228, - ROGERS, FERN 100.00 00062282 04/22/2004 STATE BOARD OF EQUALIZATION 1/04-3/04 STORAGE TNK, PARKS 352.49 Total Check Number 0006228: - STATE BOARD OF EQUALIZATION 352.49 00062283 04/22/2004 TERRAZAS, NORA REFUND BASEBLL MIKAELA BALTAZA 30.00 Total Check Number 0006228: - TERRAZAS, NORA 30.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 0511212004 Page 21 15:49:14 04/19/2004 thru 04/30/2004 W arrants_Register_D etai I Check# Check Date Payee/Vendor Name Description Amount($) 00062284 04/22/2004 WARREN & CO, CARL Becerra/933124 722.64 00062284 04/22/2004 WARREN &CO, CARL Page/933129 217.49 00062284 04/22/2004 WARREN &CO, CARL Page/933129 206.42 00062284 04/22/2004 WARREN & CO, CARL Page/933129 775.50 Total Check Number 00062284 - WARREN &CO, CARL 1,922.05 00062285 04/22/2004 BOELENS TRUST, BONNIE Purchase Option 303 E Foothill 12,500.00 Total Check Number 0006228! - BOELENS TRUST, BONNIE 12,500.00 00062286 04/22/2004 PIPER TRUST,MELVIN AND BEVERLY Purchase Option 303 E Foothill 6,250.00 Total Check Number 0006228E - PIPER TRUST,MELVIN AND BEVERLY 6,250.00 00062287 04/22/2004 ZERBE TRUST, ROBERT& INA Purchase Option 303 E Foothill 6,250.00 Total Check Number 00062281 - ZERBE TRUST, ROBERT&INA 6,250.00 00062288 04/26/2004 A&S PROFESSIONAL SECURITY 3/22-3/28/04 SECURITY SVCS 152.00 Total Check Number 00062281 - A&S PROFESSIONAL SECURITY 152.00 00062289 04/26/2004 ACCOUNTEMPS WK 3/26/04 HOY,KAREN#10873414 640.00 00062289 04/26/2004 ACCOUNTEMPS WK 3/26/04 HOY,KAREN#10873414 1,210.88 Total Check Number 00062285 - ACCOUNTEMPS 1,850.88 00062290 04/26/2004 AIR-EX AIR CONDITIONING INC. INV#36855, DATED 03/28/04 435.17 00062290 04/26/2004 AIR-EX AIR CONDITIONING INC. INV#36856, DATED 03/28/04 211.00 00062290 04/26/2004 AIR-EX AIR CONDITIONING INC. INV#36837, DATED 03/22/04 211.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 22 04/19/2004 thru 04/30/2004 15:49:14 W arrants_Register_Deta it Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006229( - AIR-EX AIR CONDITIONING INC. 857.17 00062291 04/26/2004 AQUATRONIX INV#13483, DATED 04/01/04 360.00 Total Check Number 0006229' - AQUATRONIX 360.00 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25459, DATED 3/22/04 624.36 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25639, DATED 03/30/04 117.19 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25459, DATED 3/22/04 142.20 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25639, DATED 03/30/04 165.84 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25167, DATED 03/08/04 93.83 00062292 04/26/2004 ASSOCIATED ASPHALT INV#25459, DATED 3/22/04 324.51 Total Check Number 0006229: - ASSOCIATED ASPHALT 1,467.93 00062293 04/26/2004 AT&T SCHED & DISPATCH -MAR04 179.06 Total Check Number 0006229: - AT&T 179.06 00062294 04/26/2004 AZUSA PLUMBING & HEATING SUPP. INV#198017, DATED 3/24/04 34.38 00062294 04/26/2004 AZUSA PLUMBING &HEATING SUPP. INV#198017, DATED 3/24/04 14.67 00062294 04/26/2004 AZUSA PLUMBING &HEATING SUPP. INV#197573, DATED 3/10/04 11.05 00062294 .04/26/2004 AZUSA PLUMBING &HEATING SUPP. INV#197573, DATED 3/10/04 154.62 00062294 04/26/2004 AZUSA PLUMBING & HEATING SUPP. INV#197662, DATED 3/10/04 15.13 Total Check Number 00062291 - AZUSA PLUMBING & HEATING SUPP. 229.85 00062295 04/26/2004 B&K ELECTRIC WHOLESALE #51807380.001 FLUKE SOFT CASE -188.15 00062295 04/26/2004 B&K ELECTRIC WHOLESALE CRED#S 1806669.001/3/30/04 266.51 00062295 04/26/2004 B&K ELECTRIC WHOLESALE #51806244.001 REGAL, CONDUIT 47.43 00062295 04/26/2004 B&K ELECTRIC WHOLESALE CRED#51806669.001/3/30/04 108.51 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page z3 15:49:14 04/19/2004 thru 04/30/2004 Warrants_Registe�_Detail Check# Check Date Payee[Vendor Name Description Amount($) 00062295 04/26/2004 B&K ELECTRIC WHOLESALE #51807380.001 FLUKE SOFT CASE -70.76 00062295 04/26/2004 B&K ELECTRIC WHOLESALE INV#S1804757.002, 3/25/04 27.06 Total Check Number 00062291 - B&K ELECTRIC WHOLESALE 190.60 00062296 04/26/2004 BENLO COMPANY INVOICE#709798, DATED 03/30/0 40.27 00062296 04/26/2004 BENLO COMPANY INV#708935, DATED 2/24/04 43.53 Total Check Number 0006229E - BENLO COMPANY 83.80 00062297 04/26/2004 BROLLIER, DOROTHY MILEAGE REIMB 1/8-3/25/04 43.00 Total Check Number 00062291 - BROLLIER, DOROTHY 43.00 00062298 04/26/2004 CALIBER POOL& SPA #0420301, MARCH 2004 MAINTENAN 970.49 Total Check Number 00062291 - CALIBER POOL &SPA 970.49 00062299 04/26/2004 CALIF NARCOTIC OFFICERS ASSOC REGST T.HARRINGTON 6/7-6/11 365.00 Total Check Number 00062291 - CALIF NARCOTIC OFFICERS ASSOC 365.00 00062300 04/26/2004 CALIFORNIA NEVADA SECTION AWWA #0021725-IN FOR WATER MATH WOR 646.50 00062300 04/26/2004 CALIFORNIA NEVADA SECTION AWWA #0021715-IN FOR DOSAGE AND APP 59.26 Total Check Number 0006230( - CALIFORNIA NEVADA SECTION AWWA 705.76 00062301 04/26/2004 CALIFORNIA SANITARY SUPPLY PAPER-toilet,roll 798.24 Total Check Number 0006230' - CALIFORNIA SANITARY SUPPLY 798.24 00062302 04/26/2004 CDWG ViewSonic VG8106 Flat Panel Di 4,365.57 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 24 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006230: - CDWG 4,365.57 00062303 04/26/2004 CHAVEZ, FRANK G. TRVL ADV, POST MANAGMT 5/11-14 627.92 Total Check Number 0006230/ - CHAVEZ, FRANK G. 627.92 00062304 04/26/2004 CHAVEZ, YVONNE REFUND SEC DEP 5/27/04 300.00 Total Check Number 00062304 - CHAVEZ,YVONNE 300.00 00062305 04/26/2004 CO. OF L.A. - PUBLIC WORKS #AR303076 FOR PROJECT EXC-CYPR 106.00 00062305 04/26/2004 CO. OF L.A. - PUBLIC WORKS #AR303189 FOR PROJECT EXC-CYPR 168.78 00062305 04/26/2004 CO. OF L.A. -PUBLIC WORKS #AR303076 FOR PROJECT EXC-CYPR 106.00 Total Check Number 00062301 - CO. OF L.A. -PUBLIC WORKS 380.78 00062306 04/26/2004 COME LAND MAINTENANCE CO. INC. INV#55172, DATED 3/10/04 5,535.00 Total Check Number 0006230E - COME LAND MAINTENANCE CO. INC. 5,535.00 00062307 04/26/2004 COMMUNICATIONS CENTER, THE INV 42720 REPLACED VOLUME CONT 122.54 Total Check Number 00062301 - COMMUNICATIONS CENTER,THE 122.54 00062308 04/26/2004 COVINA, CITY OF MAR'04 UTILITY USERS TAX 5,216.24 Total Check Number 00062301 - COVINA, CITY OF 5,216.24 00062309 04/26/2004 CULLIGAN #200403033465, FINANCE CHRG 29.59 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 25 15:49:14 04/19/2004 thru 04/30/2004 W arrants_Register_Deta it Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006230: - CULLIGAN 29.59 00062310 04/26/2004 DANONE WATERS OF N.AMERICA INV#7524698-61, 3/19/04 26.25 Total Check Number 0006231( - DANONE WATERS OF N.AMERICA 26.25 00062311 04/26/2004 DAY WIRELESS SYSTEMS #26598 FOR MOBIL RADIO MAINT. 59.40 00062311 04/26/2004 DAY WIRELESS SYSTEMS #26599 FOR MOBIL RADIO MAINT. 43.19 00062311 04/26/2004 DAY WIRELESS SYSTEMS #26598 FOR MOBIL RADIO MAINT. 88.47 Total Check Number 0006231' - DAY WIRELESS SYSTEMS 191.06 00062312 04/26/2004 DICK'S AUTO SUPPLY INV#1300517, DATED 3/02/04 52.23 00062312 04/26/2004 DICK'S AUTO SUPPLY INV 1305075 TOOLS 30.53 00062312 04/26/2004 DICK'S AUTO SUPPLY INV#1300517, DATED 3/02/04 2.14 00062312 04/26/2004 DICK'S AUTO SUPPLY INV 1305075 TOOLS 24.59 Total Check Number 0006231: - DICK'S AUTO SUPPLY 109.49 00062313 04/26/2004 DIETERICH-POST COMPANY #601070 FOR 2 C6258A 64MB MEMO 798.58 00062313 04/26/2004 DIETERICH-POST COMPANY FULL SERVICE MAINTENANCE ENGIN 72.73 00062313 04/26/2004 DIETERICH-POST COMPANY FULL SERVICE MAINTENANCE ENGIN 470.00 Total Check Number 0006231: - DIETERICH-POST COMPANY 1,341.31 00062314 04/26/2004 DUNN EDWARDS PAINTS INV#00170145421, 3/31/04 1,198.66 00062314 04/26/2004 DUNN EDWARDS PAINTS INV#00170145423, 3/31/04 120.43 00062314 04/26/2004 DUNN EDWARDS PAINTS INV#00170145423, 3/31/04 29.76 Total Check Number 00062311 - DUNN EDWARDS PAINTS 1,348.85 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05112/2004 Page 26 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount ($) 00062315 04/26/2004 DYNATEL RADIO ACCESS INC. INV#0023232-IN, DATE 3/25/04 35.00 Total Check Number 0006231.0 - DYNATEL RADIO ACCESS INC. 35.00 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45942 P-10 LABOR 39.41 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45942 P-10 REPAIR MAP LIGH 34.00 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45940 P-4 LABOR 71.25 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45937 P-5 SAFETY CHECK 34.00 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45940 P-4 LABOR 302.93 00062316 04/26/2004 ECONOMY AUTO CENTER INV 45940 P4 LABOR 72.69 Total Check Number 0006231E - ECONOMY AUTO CENTER 554.28 00062317 04/26/2004 ESGVCH 3/04 HOMELESS OUTREACH/ESGVCH 440.00 Total Check Number 00062317 - ESGVCH 440.00 00062318 04/26/2004 FAWCETT HARDWARE& LUMBER INV#49441, DATE 3/24/04 0.75 00062318 04/26/2004 FAWCETT HARDWARE& LUMBER INV#49441, DATE 3/24/04 14.26 Total Check Number 00062311 - FAWCETT HARDWARE& LUMBER 15.01 00062319 04/26/2004 GOVCONNECTION INC 442039 ATI TECH RADEON 9200 507.69 00062319 04/26/2004 GOVCONNECTION INC 415206 VIEWSONIC 17"VG700B 102.19 Total Check Number 00062314 - GOVCONNECTION INC 609.88 00062320 04/26/2004 HAAKER EQUIPMENT CO. INV#W09871, DATE 3/17/04 353.27 Total Check Number 0006232( - HAAKER EQUIPMENT CO. 353.27 00062321 04/26/2004 HALL'S SIGNS INSTALLATION OF SIGNS 1,221.28 Prepared by: Ruby Covar ubias City of Azusa Warrants Register As-of date: 15oa Page 27 15:49:14:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 0006232' - HALL'S SIGNS 1,221.28 00062322 04/26/2004 HOME DEPOT/GECF 03/29/04 FOR 2 UNVRSL CLMP 28.08 00062322 04/26/2004 HOME DEPOT/GECF MASKING TAPE, SILICONE, ETC-EL 60.57 00062322 04/26/2004 HOME DEPOT/GECF TRAY, TOTE BAG- ELECTRIC DIV[ 5.59 Total Check Number 0006232: - HOME DEPOT/GECF 94.24 00062323 04/26/2004 HOSE-MAN INC. #2088224-0001-02, 03/29/04 23.67 Total Check Number 0006232'. - HOSE-MAN INC. 23.67 00062324 04/26/2004 HYDRO CONNECTIONS INC. INVOICE#93923, DAETD 03/29/04 78.20 Total Check Number 00062329 - HYDRO CONNECTIONS INC. 78.20 00062325 04/26/2004 INFOSEND INC #13618 FOR POSTAGE AND MAIL 12,730.37 Total Check Number 0006232; - INFOSEND INC 12,730.37 00062326 04/26/2004 IRON MOUNTAIN L886248-L886256 Invoices dated 1,158.39 Total Check Number 0006232E - IRON MOUNTAIN 1,158.39 00062327 04/26/2004 IRWINDALE AUTO/TRUCK ELEC.INC. INVOICE#72405, DATED 03/30/04 27.06 Total Check Number 00062321 - IRWINDALE AUTOITRUCK ELEC.INC. 27.06 00062328 04/26/2004 IRWINDALE, CITY OF MAR'04 UTILITY USERS TAX 2,481.49 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 28 04/19/2004 thru 04/30/2004 15:49:14 W arrants_Reg ister_Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 00062321 - IRWINDALE, CITY OF 2,481.49 00062329 04/26/2004 ISI POLY REMOVER-graffiti 804.45 Total Check Number 00062321 - ISI POLY 804.45 00062330 04/26/2004 KING BOLT CO. INV#39212, DATED 2/19104 17.46 Total Check Number 0006233( - KING BOLT CO. 17.46 00062331 04/26/2004 KINKO'S INC. #1388268 FOR 250 FS B&W S/S 8. 56.26 Total Check Number 0006233' - KINKO'S INC. 56.26 00062332 04/26/2004 L.A. COUNTY DEPT. OF PUBLIC #AR303298 ROUTN &EXTRDNRY SIGN 673.45 Total Check Number 0006233, - L.A. COUNTY DEPT. OF PUBLIC 673.45 00062333 04/26/2004 LA COUNTY SHERIFF'S DEPT INV 64750 2/04 ARRESTEE PROCES 1,020.88 Total Check Number 0006233/ - LA COUNTY SHERIFF'S DEPT 1,020.88 00062334 04/26/2004 LEWIS SAW&LAWNMOWER INV#A9216955, DATE 3/31/04 126.49 00062334 04/26/2004 LEWIS SAW&LAWNMOWER INV#A9216955, DATE 3/31/04 158.76 00062334 04/26/2004 LEWIS SAW& LAWNMOWER INV#118963, DATE 3/17/04 52.61 Total Check Number 00062334 - LEWIS SAW& LAWNMOWER 337.86 00062335 04/26/2004 MERCADO, PAM 3/4 &3/18/04 COMM. METTINGS 50.00 Prepared by: Ruby Covarrubias City of Azusa Pae 29 Warrants Register As-of date: 05/12/2004 9 15:49:14 04/19/2004 thru 04/30/2004 W arrants_Register_Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 00062331 - MERCADO, PAM 50.00 00062336 04/26/2004 MONEYLINE TELERATE BRIDGE CO APR'04 SCHED & DISPATCH 761.00 Total Check Number 0006233( - MONEYLINE TELERATE BRIDGE CO 761.00 00062337 04/26/2004 OPEN ACCESS TECHNOLOGY INT'L APR'04 SCHED & DISPACTCH 520.00 Total Check Number 00062337 - OPEN ACCESS TECHNOLOGY INT'L 520.00 00062338 04/26/2004 PIONEER AMERICAS LLC #55-38536685 FOR CHLORINE FILT 389.00 Total Check Number 00062331 - PIONEER AMERICAS LLC 389.00 00062339 04/26/2004 PLUMBERS DEPOT INC. INV#PD-1399, DATE 3/09/04 45.47 Total Check Number 00062331 - PLUMBERS DEPOT INC. 45.47 00062340 04/26/2004 POWERS &ASSOCIATES, MICHAEL MMH72 NO Hutch 72 No door S 2 848.26 00062340 04/26/2004 POWERS &ASSOCIATES, MICHAEL MMH72 ND Hutch 72 No door S 2 154.01 Total Check Number 0006234( - POWERS &ASSOCIATES, MICHAEL 1,002.27 00062341 04/26/2004 PRADO, ALBERTO 3/4&3/18/04 COMM. METTINGS 50.00 Total Check Number 0006234' - PRADO,ALBERTO 50.00 00062342 04/26/2004 PREMIO COMPUTER INC 1-C30SY PREMIO SHADOWHAWK G2 8,365.56 Total Check Number 0006234, - PREMIO COMPUTER INC 8,365.56 Prepared by: Ruby Covaraubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 30 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee[Vendor Name Description Amount ($) 00062343 04/26/2004 PREWITT, LYNDA MILEAGE REIMB 3/1-3/31/04 44.53 Total Check Number 0006234: - PREWITT, LYNDA 44.53 00062344 04/26/2004 PROFORMA PRINTING SERVICES #0660001400 FOR PLANT GIVE AWA 166.52 Total Check Number 00062349 - PROFORMA PRINTING SERVICES 166.52 00062345 04/26/2004 QUIROZ, MARTIN TRVL ADV.CAPIO 4/27-29/04 MONT 344.99 Total Check Number 0006234! - QUIROZ, MARTIN 344.99 00062346 04/26/2004 RECALL SECURE DESTRUCTION SVCS INV 5732651: PAPER SHREDDING 3 76.00 Total Check Number 0006234E - RECALL SECURE DESTRUCTION SVCS 76.00 00062347 04/26/2004 SAFETY-KLEEN SYSTEMS INC INV#0025778488, DATE 3/26/04 137.10 Total Check Number 00062341 - SAFETY-KLEEN SYSTEMS INC 137.10 00062348 04/26/2004 SAN GABRIEL VALLEY PUBLISHING 905035501: SUBSCRPTN 3/23/05 192.00 Total Check Number 00062341 - SAN GABRIEL VALLEY PUBLISHING 192.00 00062349 04/26/2004 SAN GABRIEL VALLEY PUBLISHING #1 H3343925-3/1-3/31/04 172.81 Total Check Number 00062341 - SAN GABRIEL VALLEY PUBLISHING 172.81 00062350 04/26/2004 SANTELLAN, DAVID D. 3/4 &3/18/04 COMM. METTINGS 50.00 Total Check Number 0006235( - SANTELLAN, DAVID D. 50.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 15 4 Page 31 15:49:14:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date PayeetVendor Name Description Amount($) 00062351 04/26/2004 SELF-DEFENSE FIREARMS TRAINING USE OF PRISM SHOOTING TRAILER 1,000.00 Total Check Number 0006235' - SELF-DEFENSE FIREARMS TRAINING 1,000.00 00062352 04/26/2004 SIERRA, ED REIMB CABLE SCORE BOARD 16.23 Total Check Number 0006235: - SIERRA, ED 16.23 00062353 04/26/2004 SIGNAL MAINTENANCE INC. MAR'04 SIGNAL MAINT#SI224669 1,612.46 00062353 04/26/2004 SIGNAL MAINTENANCE INC. MAR'04 SIGNAL MAINT#SI224669 64.95 Total Check Number 0006235: - SIGNAL MAINTENANCE INC. 1,677.41 00062354 04/26/2004 SMART& FINAL DETERGENT-car wash 134.79 Total Check Number 0006235 - SMART& FINAL 134.79 00062355 04/26/2004 SOUTHERN CALIFORNIA MUNICIPAL SPRING'04 ADULT CO-ED V-BALL 300.00 00062355 04/26/2004 SOUTHERN CALIFORNIA MUNICIPAL SPRING'04 ADULT BASKTBLL LEAGU 420.00 00062355 04/26/2004 SOUTHERN CALIFORNIA MUNICIPAL SPRING'04 ADULT SOFTBLL LEAGUE 372.00 00062355 04/26/2004 SOUTHERN CALIFORNIA MUNICIPAL SPRING'04 ADULT CO-ED V-BALL 184.00 Total Check Number 0006235: - SOUTHERN CALIFORNIA MUNICIPAL 1,276.00 00062356 04/26/2004 SPRAGUES' READY MIX INV#81790, DATE 3/9/04 731.23 Total Check Number 0006235E - SPRAGUES' READY MIX 731.23 00062357 04/26/2004 STATE BOARD OF EQUALIZATION TAX ENRGY SOLD 01/04-03/04 16,997.28 Total Check Number 0006235, - STATE BOARD OF EQUALIZATION 16,997.28 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 32 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name DescriptionAmount($) 00062358 04/26/2004 STATER BROS. MARKETS XT 10560 REFRESHMENTS FOR TRAI 23.27 Total Check Number 00062351 - STATER BROS. MARKETS 23.27 00062359 04/26/2004 STRATEGIC ECONOMICS Inv#32-9 CNSLTNG 1/04-3/04 2,749.38 Total Check Number 00062351 - STRATEGIC ECONOMICS 2,749.38 00062360 04/26/2004 TOOL TEAM INV#6366, DATED 03/30/04 5.94 00062360 04/26/2004 TOOL TEAM PUTTY KNIFE ETC INV#6367 8.53 00062360 04/26/2004 TOOL TEAM INV#6366, DATED 03/30/04 25.07 Total Check Number 0006236( - TOOL TEAM 39.54 00062361 04/26/2004 TORRES,JOSE 3/4 &3/18/04 COMM. METTINGS 50.00 Total Check Number 0006236' - TORRES,JOSE 50.00 00062362 04/26/2004 TRANS-VALLEY 110481 ELI MEDICAL SERVICES FOR 46.24 Total Check Number 0006236: - TRANS-VALLEY 46.24 00062363 04/26/2004 TROPICAL PLAZA NURSERY INC. INV#M34546, DATED 3/26/04 140.00 00062363 04/26/2004 TROPICAL PLAZA NURSERY INC. INV#M34567, DATED 3/31/04 175.00 Total Check Number 0006236/ - TROPICAL PLAZA NURSERY INC. 315.00 00062364 04/26/2004 TUCKER& SON INC, J.G. INV#00042634, DATE 3/19/04 5.41 Total Check Number 00062364 - TUCKER&SON INC,J.G. 5.41 00062365 04/26/2004 UDRIA, CARLOS 3/4 &3/18/04 COMM. METTINGS 50.00 Prepared by: Ruby Covarrubias City of Azusa Page 33 Warrants Register As-of date: 05/12/2004 15:49:14 04/19/2004 thru 04/30/2004 Warrants_Reglster_Detail Check# Check Date PayeelVendor Name Description Amount($) Total Check Number 00062361 - UDRIA,CARLOS 50.00 00062366 04/26/2004 UNITED TRAFFIC SVC&SUPPLY INV#6774, DATE 3/23/04 42.98 00062366 04/26/2004 UNITED TRAFFIC SVC&SUPPLY INV#6774, DATE 3/23/04 35.64 Total Check Number 0006236E - UNITED TRAFFIC SVC&SUPPLY 78.62 00062367 04/26/2004 VULCAN MATERIALS (CALMAT) #229000 FOR CRUSHER BASE-AV- 64.50 00062367 04/26/2004 VULCAN MATERIALS (CALMAT) #229000 FOR CRUSHER BASE-AV- 137.11 Total Check Number 00062361 - VULCAN MATERIALS (CALMAT) 201.61 00062368 04/26/2004 WESTERN EMULSIONS INC. INV#9294, DATED 3/26/04 55.60 Total Check Number 0006236E - WESTERN EMULSIONS INC. 55.60 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11386-00 FOR 6X6 6H HYD EXT G 203.24 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11379-00 FOR 3/4 ANGLE VLV CO 17.54 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11387-00 FOR 3/4 REDWOOD PLUG 190.37 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #128987-00 FOR 6668 H&C CONC R 356.21 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #128987-00 FOR 666B H&C CONC R 324.08 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #128992-00 FOR 6X6 STN STL TAP 160.53 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #129050-00 for 6X2 IP IRON SAD 675.93 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11386-00 FOR 6X6 6H HYD EXT G 637.42 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11365-00 FOR 12X7 5 REPAIR CL 442.82 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #129050-00 for 6X2 IF IRON SAD 789.86 00062369 04/26/2004 WESTERN WATER WORKS SUPPLY CO. #11386-00 FOR 6X6 6H HYD EXT G 26.03 Total Check Number 00062361 - WESTERN WATER WORKS SUPPLY CO. 3,834.03 00062370 04/26/2004 XEROX CORPORATION INV#001483396, DATE 3/22/04 80.19 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 34 04/19/2004 thru 04/30/2004 15:49:14 Warrants_Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062370 04/26/2004 XEROX CORPORATION INV 001483391: FEB MAINT XEROX 50.08 Total Check Number 0006237( - XEROX CORPORATION 130.27 00062371 04/26/2004 ZEE MEDICAL SERVICE CO. #140650419 MEDICAL SUPP. 183.92 00062371 04/26/2004 ZEE MEDICAL SERVICE CO. #140650417 FOR MEDICAL SUPPLIE 75.51 00062371 04/26/2004 ZEE MEDICAL SERVICE CO. #140650418 FOR MEDICAL SUPPLIE 31.18 00062371 04/26/2004 ZEE MEDICAL SERVICE CO. #140650413 MED SUPP. ELEC.DIV 63.71 Total Check Number 0006237' - ZEE MEDICAL SERVICE CO. 354.32 00062372 04/27/2004 AARDVARK TACTICAL INC. @DT1487 SM TACTICAL,W/NOSE C 1,183.40 00062372 04/27/2004 AARDVARK TACTICAL INC. ABAA-YXB2-X-NSX XTREME XS FEMA 1,183.40 Total Check Number 0006237; - AARDVARK TACTICAL INC. 2,366.80 00062373 04/27/2004 APPLE ONE WK 11/22/03 M. BLUE TEMP L&W 465.00 Total Check Number 0006237/ - APPLE ONE 465.00 00062374 04/27/2004 AQUATRONIX #13479 FOR FOUNTAIN SERVICE-AP 240.00 Total Check Number 00062374 - AQUATRONIX 240.00 00062375 04/27/2004 B&K ELECTRIC WHOLESALE INVOICE#S1807699.001 DATED 4/ 39.84 Total Check Number 00062371 - B&K ELECTRIC WHOLESALE 39.84 00062376 04/27/2004 BASIC CHEMICAL SOLUTIONS #514027796 FOR WELL#2 518.30 00062376 04/27/2004 BASIC CHEMICAL SOLUTIONS #514027796 FOR WELL#2 401.85 00062376 04/27/2004 BASIC CHEMICAL SOLUTIONS #S14027796 FOR WELL#2 484.42 00062376 04/27/2004 BASIC CHEMICAL SOLUTIONS #S14027798 FOR WELL#11 462.77 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 35 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee[Vendor Name Description Amount($) Total Check Number 0006237E - BASIC CHEMICAL SOLUTIONS 1,867.34 00062377 04/27/2004 DAMOR INC. JUMBO JELLY BEANS 1000. 534.79 Total Check Number 00062371 - DAMOR INC. 534.79 00062378 04/27/2004 DATAQUICK INFO SYSTEMS INC Monthly Billing#B1-373911 -D 50.00 Total Check Number 00062371 - DATAQUICK INFO SYSTEMS INC 50.00 00062379 04/27/2004 DATAVAULT INC (AMERICAN VAULT) #404-58107 FOR MONTHLY HIGH SE 211.68 Total Check Number 00062371 - DATAVAULT INC (AMERICAN VAULT) 211.68 00062380 04/27/2004 DEBILIO DISTRIBUTORS INC. INV 139050 FOOD FOR JAIL 161.05 Total Check Number 0006238( - DEBILIO DISTRIBUTORS INC. 161.05 00062381 04/27/2004 ECONOMY AUTO CENTER INV 45968 P-16 LABOR 164.60 00062381 04/27/2004 ECONOMY AUTO CENTER INV 45968 P-16 LABOR 369.06 Total Check Number 0006238' - ECONOMY AUTO CENTER 533.66 00062382 04/27/2004 ELEMENT 5 REGISTRY MECHANIC (#178976) 34.90 Total Check Number 0006238: - ELEMENT 5 34.90 00062383 04/27/2004 EMERALD ISLE TROPICAL PLANTS 21562 FOR INTERIOR PLANT MAINT. 323.13 Total Check Number 0006238/ - EMERALD ISLE TROPICAL PLANTS 323.13 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 36 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062384 04/27/2004 HULS ENVIRONMENTAL MGT LLC #2593 FOR TASK#2 135.00 Total Check Number 00062384 - HULS ENVIRONMENTAL MGT LLC 135.00 00062385 04/27/2004 JOSEPH &ASSOC, FRANCISCO R. 3/04 HOME LN PRJ MGMT 9,520.00 - Total Check Number 0006238.1 - JOSEPH &ASSOC, FRANCISCO R. 9,520.00 00062386 04/27/2004 KONE INC #16268445 FOR ELEVATOR MAINT. 167.97 Total Check Number 0006238( - KONE INC 167.97 00062387 04/27/2004 L.A. ELEVATOR CO. INC. INV#447132, DATED 4/1/02 P.D. 80.00 00062387 04/27/2004 L.A. ELEVATOR CO. INC. - INV#447133, DATED 4/1/04 CITY 80.00 Total Check Number 00062381 - L.A. ELEVATOR CO. INC. 160.00 00062388 04/27/2004 LEWIS SAW& LAWNMOWER #119470 FOR NORTON SERIES 7500 257.64 Total Check Number 00062381 - LEWIS SAW& LAWNMOWER 257.64 00062389 04/27/2004 LIEBERT CASSIDY WHITMORE M.ORTIZ 5/12/04 WORKSHOP 84.00 Total Check Number 0006238! - LIEBERT CASSIDY WHITMORE 84.00 00062390 04/27/2004 LOGAN SUPPLY CO. PAINT-wht,upside down,aerosol 311.76 Total Check Number 0006239( - LOGAN SUPPLY CO. 311.76 00062391 04/27/2004 WEST COVINA BRANCH CITRUS 3/04 SURCHARGES COLLECTED ON B 2,734.50 Prepared by: Ruby Covar ubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 37 15:49:14 04/19/2004 thru 04/30/2004 W arrants_Register_D etail Check# Check Date PayeelVendor Name Description Amount($) Total Check Number 0006239' - WEST COVINA BRANCH CITRUS 2,734.50 00062392 04/27/2004 MACKAY, SOFIA COBRA REIMB HEALTH CARE PREMIU 623.06 Total Check Number 0006239, - MACKAY, SOFIA 623.06 00062393 04/27/2004 MASTER K-9 INC. INV 2839 4/04 K-9 MAINTENANCE 75.00 Total Check Number 00062391 - MASTER K-9 INC. 75.00 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE INV#19389735,04/01/04 PARK M 125.47 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389733 ELECTRC DIV 4/1/04 56.78 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389732 FOR LAUNDRY SERVICES 51.04 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389731 FOR LAUNDRY SERVICES 366.48 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389732 FOR LAUNDRY SERVICES 14.78 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389731 FOR LAUNDRY SERVICES 79.95 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE INV#19389740,04/01/04 FACILIT 20.25 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389730 FOR LAUNDRY SERVICES 21.86 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE INV#19389735, 04101/04 PARK M 90.60 00062394 04127/2004 MISSION UNIFORM/LINEN SERVICE #19389730 FOR LAUNDRY SERVICES 25.01 00062394 04/27/2004 MISSION UNIFORM/LINEN SERVICE #19389736, MATS FOR REC. BLDG. 109.71 Total Check Number 00062391 - MISSION UNIFORM/LINEN SERVICE 961.93 00062395 04/27/2004 MONROVIA REPRODUCTION INV#86604, DATE 4/1/04 31.66 Total Check Number 00062391 - MONROVIA REPRODUCTION 31.66 00062396 04/27/2004 OFFICE DEPOT INC TONER-cartridge,HP92298A 39.21 00062396 04/27/2004 OFFICE DEPOT INC TABLET-letter size,ruled,canar 2,616.71 00062396 04/27/2004 OFFICE DEPOT INC PAPER-8-112"X11",goldenrod ,20 418.82 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/1212004 Page 38 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register Detail Check# Check Date Payee[Vendor Name Description Amount($) 00062396 04/27/2004 OFFICE DEPOT INC PAPER-8-1/2"X11",goldenrod ,20 45.63 Total Check Number 0006239E - OFFICE DEPOT INC 3,120.37 00062397 04/27/2004 ONTARIO REFRIGERATION SVC INC. #56934 FOR MAINT. ON 710 W. GL 411.00 00062397 04/27/2004 ONTARIO REFRIGERATION SVC INC. #57069 FOR MAINT. ON 729 N. AZ 744.00 Total Check Number 0006239; - ONTARIO REFRIGERATION SVC INC. 1,155.00 00062398 04/27/2004 CUTLER&ASSOCIATES, JOHN Relocation Service 215.00 Total Check Number 00062391 - CUTLER&ASSOCIATES,JOHN 215.00 00062399 04/27/2004 PLUMBING WHLSLE OUTLET INC. INV#695327, DATE 4/1/04 62.56 Total Check Number 00062395 - PLUMBING WHLSLE OUTLET INC. 62.56 00062400 04/27/2004 PROFORMA PRINTING SERVICES AZUSA PD PROPERTY REPORT 895.24 Total Check Number 0006240( - PROFORMA PRINTING SERVICES 895.24 00062401 04/27/2004 ROMO AUTO/TRUCK REP CORP,ALEX Parts for B00011C 0096 667.91 Total Check Number 0006240' - ROMO AUTO/TRUCK REP CORP,ALEX 667.91 00062402 04/27/2004 STAPLES 04/01/04-OXFORD JAN-DEC IND, 1 66.73 Total Check Number 0006240: - STAPLES 66.73 00062403 04/27/2004 STATE BOARD OF EQUALIZATION DIESEL FUEL LIGHT TAX RETURN 373.50 Prepared by: Ruby Covarrubias City of Azusa Page 39 1 Warrants Register As-of date: 5/12/2004 15:49:14 04/19/2004 thru 04/30/2004 Warrants_Register_Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006240: - STATE BOARD OF EQUALIZATION 373.50 00062404 04/27/2004 UNDERGROUND SERVICE ALERT INV#2004030110 30 NEW TICKET 42.00 00062404 04/27/2004 UNDERGROUND SERVICE ALERT #2004030111 - FOR 81 NEW TICKE 112.00 Total Check Number 00062408 - UNDERGROUND SERVICE ALERT 154.00 00062405 04/27/2004 VISTA PAINT INV#27095302, DATE 4/01/04 539.09 Total Check Number 00062401 - VISTA PAINT 539.09 00062406 04/27/2004 VULCAN MATERIALS (CALMAT) #230298 FOR CRUSHER BASE 571.28 Total Check Number 0006240E - VULCAN MATERIALS(CALMAT) 571.28 00062407 04/27/2004 WETHERBEE, LARRY L. AUG-DEC'03 MED REIMB-RETIREMNT 4,932.00 Total Check Number 0006240, - WETHERBEE, LARRY L. 4,932.00 00062408 04/27/2004 XEROX CORPORATION COPIER MAINT 1/1-3/30/04 159.00 00062408 04/27/2004 XEROX CORPORATION INV 001737782 XEROX MAINTENANC 60.19 00062408 04/27/2004 XEROX CORPORATION COPIER MAINT 1/1-3/30/04 80.19 00062408 04/27/2004 XEROX CORPORATION INV 001737782 XEROX MAINTENANC 159.00 Total Check Number 00062401 - XEROX CORPORATION 478.38 00062409 04/27/2004 Y TIRE SALES #058367 REPAIR FLAT TIRE (/.ABO 12.00 Total Check Number 00062401 - Y TIRE SALES 12.00 00062410 04/28/2004 BEST BUY CO INC TRICIA DIVENS COMPUTR LOAN PUR 3,070.84 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 40 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date PayeelVendor Name Description Amount($) Total Check Number 0006241( - BEST BUY CO INC 3,070.84 00062411 04/28/2004 DENTAL HEALTH SVC OF CA MAY'04 GRP#1941 &1941R PREMIUM 8,259.15 Total Check Number 0006241' - DENTAL HEALTH SVC OF CA 8,259.15 00062412 04/28/2004 HAAKER EQUIPMENT CO. VA 46564 RUBBER DEBRIS HOSE FO 328.48 Total Check Number 0006241; - HAAKER EQUIPMENT CO. 328.48 00062413 04/28/2004 HANSON, CATHY TUITION REIMB SPRNG'04 CaISTAT 703.48 Total Check Number 0006241; - HANSON, CATHY 703.48 00062414 04/28/2004 HUNT, STEPHAN TUITION REIMB FALL'03 CaISTATE 625.00 00062414 04/26/2004 HUNT, STEPHAN TUITION REIMB SPRNG'04 CaISTAT 600.00 Total Check Number 00062414 - HUNT, STEPHAN 1,225.00 00062415 04/28/2004 CONSTRUCTION, J.K. #2510 R/R WINDOWS,535 HOLLYVAL 3,360.00 Total Check Number 0006241! - CONSTRUCTION,J.K. 3,360.00 00062416 04/28/2004 KIMES, JASON TUITION REIMB WNTR'03 LA VERNE 772.19 Total Check Number 0006241E - KIMES,JASON 772.19 00062417 04/28/2004 MONROVIA REPRODUCTION #86645/BOND PAPER 48.28 Total Check Number 0006241, - MONROVIA REPRODUCTION 48.28 Prepared by: Ruby Covarubias City of Azusa Pae 41 Warrants Register As-of date: 05/12/2004 g 15:49:14 04/19/2004 thru 04/30/2004 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) 00062418 04/28/2004 NEOPOST 4/28-5/27/04 RENTL SVCS 341.21 Total Check Number 00062411 - NEOPOST 341.21 00062419 04/28/2004 NTOA M#23520 S.GONZALEZ 3/04-3/05 40.00 Total Check Number 00062411 - NTOA 40.00 00062420 04/28/2004 PC CLUB DAN CRAPO, COMPUTER LOAN PURCH 2,370.50 Total Check Number 0006242( - PC CLUB 2,370.50 00062421 04/28/2004 SANCHEZ, ENRIQUE TUITION REIMB SPRNG'04 CaISTAT 625.00 00062421 04/28/2004 SANCHEZ, ENRIQUE TUITION REIMB SPRNG'04 CaISTAT 600.00 Total Check Number 0006242' - SANCHEZ, ENRIQUE 1,225.00 00062422 04/28/2004 STATER BROS. MARKETS XT 7869 FOOD FOR TRUSTIES AND 111.51 Total Check Number 0006242, - STATER BROS. MARKETS 111.51 00062423 04/28/2004 ZENITH CONSULTING INC. MICR TONER FOR CHECK PRINTER 417.24 Total Check Number 0006242' - ZENITH CONSULTING INC. 417.24 00062424 04/29/2004 AZUSA CITY FED CREDIT UNION PR#9/04 58,983.74 Total Check Number 00062421 - AZUSA CITY FED CREDIT UNION 58,983.74 00062425 04/29/2004 BADONI, LUPE PR#9/04 KD029006 415.38 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 42 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register_DetaiI Check# Check Date PayeeNendor Name Description Amount($) Total Check Number 0006242! - BADONI, LUPE 415.38 00062426 04/29/2004 CALIFORNIA FRANCHISE TAX BOARD KAREN CLEAR/563378571 23.08 Total Check Number 0006242E - CALIFORNIA FRANCHISE TAX BOARD 23.08 00062427 04/29/2004 CALIFORNIA FRANCHISE TAX BOARD E.FIGUEROA 551413813 23.08 Total Check Number 00062421 - CALIFORNIA FRANCHISE TAX BOARD 23.08 00062428 04/29/2004 CANADA LIFE ASSURANCE CO, THE PR#9/04 2,256.11 Total Check Number 000624211 - CANADA LIFE ASSURANCE CO,THE 2,256.11 00062429 04/29/2004 COURT TRUSTEE T.MONTAGUE KDO08232 64.51 Total Check Number 00062421 - COURT TRUSTEE 64.51 00062430 04/29/2004 FISCHER,AUDREE J. PR#9/04 SBFL27817 461.54 Total Check Number 0006243( - FISCHER,AUDREE J. 461.54 00062431 04/29/2004 LINCOLN NATIONAL LIFE INS.CO. PR#9/04 2,958.47 Total Check Number 0006243• - LINCOLN NATIONAL LIFE INS.CO. 2,958.47 00062432 04/29/2004 ORANGE, COUNTY OF N.ABBASZADEH/94D06140 626.26 Total Check Number 0006243: - ORANGE, COUNTY OF 626.26 00062433 04/29/2004 SEARS,TRACI L PR#9/04 RFL027379 785.00 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 43 04/19/2004 thru 04/30/2004 15:49:14 Warrants-Register-Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006243: - SEARS,TRACI L 785.00 00062434 04/29/2004 STATE STREET BANK&TRUST CO. PR#9/04 4,495.73 Total Check Number 00062431 - STATE STREET BANK&TRUST CO. 4,495.73 00062435 04/29/2004 BANK OF CALIFORNIA PR#9/04 -500.00 00062435 04/29/2004 BANK OF CALIFORNIA PR#9/04 272.26 00062435 04/29/2004 BANK OF CALIFORNIA PR#9/04 272.26 Total Check Number 0006243: - BANK OF CALIFORNIA 44.52 00062436 04/29/2004 UNUM LIFE INSURANCE PR#9/04 6,779.95 Total Check Number 0006243( - UNUM LIFE INSURANCE 6,779.95 00062437 04/29/2004 WASHINGTON MUTUAL BANK PR#9/04 5,416.30 Total Check Number 00062431 - WASHINGTON MUTUAL BANK 5,416.30 00062438 04/29/2004 ALI, KHAIRI MAY'04 MEDICAL REIMBURSEMENT 107.14 Total Check Number 00062431 - ALI, KHAIRI 107.14 00062439 04/29/2004 ALLEN, SHERRILL D. MAY'04 MEDICAL REIMBURSEMENT 303.87 Total Check Number 00062435 - ALLEN,SHERRILL D. 303.87 00062440 04/29/2004 CHUDYK, DANIEL MAY'04 MEDICAL REIMBURSEMENT 142.50 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 44 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006244( - CHUDYK, DANIEL 142.50 00062441 04/29/2004 DOMINGUEZ, JAMES MAY'04 MEDICAL REIMBURSEMENT 285.39 Total Check Number 0006244' - DOMINGUEZ, JAMES 285.39 00062442 04/29/2004 ENRIQUEZ, JESUS A MAY'04 MEDICAL REIMBURSEMENT 241.66 Total Check Number 0006244, - ENRIQUEZ,JESUS A 241.66 00062443 04/29/2004 FORD, JERRY MAY'04 MEDICAL REIMBURSEMENT 283.02 Total Check Number 0006244: - FORD,JERRY 283.02 00062444 04/29/2004 GLANCY, JAMES A. MAY'04 MEDICAL REIMBURSEMENT 512.57 Total Check Number 00062444 - GLANCY,JAMES A. 512.57 . 00062445 04/29/2004 GUARRERA, JOE A. MAY'04 MEDICAL REIMBURSEMENT 241.66 Total Check Number 0006244! - GUARRERA,JOE A. 241.66 00062446 04/29/2004 HERNANDEZ,AUGUSTINE MAY'04 MEDICAL REIMBURSEMENT 241.66 Total Check Number 0006244( - HERNANDEZ,AUGUSTINE 241.66 00062447 04/29/2004 MACCHESNEY, KENNETH R. MAY'04 MEDICAL REIMBURSEMENT 512.57 Total Check Number 0006244, - MACCHESNEY, KENNETH R. 512.57 00062448 04/29/2004 RIVERA, RICHARD R. MAY'04 MEDICAL REIMBURSEMENT 273.22 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 45 15:49:14 04/19/2004 thru 04/30/2004 W a rrants_Reg'ister_Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 00062441 - RIVERA, RICHARD R. 273.22 00062449 04/29/2004 SCHERER, MICHAEL MAY'04 MEDICAL REIMBURSEMENT 303.87 Total Check Number 00062441 - SCHERER, MICHAEL 303.87 00062450 04129/2004 SMITH, BRYAN MAY'04 MEDICAL REIMBURSEMENT 273.47 Total Check Number 0006245( - SMITH, BRYAN 273.47 00062451 04/29/2004 TERMATH, ROBERT W. MAY'04 MEDICAL REIMBURSEMENT 512.57 Total Check Number 0006246, - TERMATH, ROBERT W. 512.57 00062452 04/29/2004 BRODERICK,JOHN MAY'04 MEDICAL REIMBURSEMENT 283.02 Total Check Number 0006245: - BRODERICK,JOHN 283.02 00062454 04/29/2004 STATE BOARD OF EQUALIZATION USB WINSCAN/BLUE TOOTH 144.64 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 65.34 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Career Research Reports 43.07 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 668.25 00062454 04/29/2004 STATE BOARD OF EQUALIZATION MATERIALS 51.35 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 111.38 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI EAGLE 440 (INCLUDES VOLTAG 14.36 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 37.95 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI#FCT4/24 14.33 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 0.12 00062454 04/29/2004 STATE BOARD OF EQUALIZATION USB WINSCAN/BLUE TOOTH 7.35 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 11.14 00062454 04/29/2004 STATE BOARD OF EQUALIZATION LOCK-padlock#92210,elec. only 615.08 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 46 04/19/2004 thru 04/30/2004 15:49:14 Warrants_Register-Detail Check# Check Date PayeeNendor Name Description Amount($) 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 25.58 00062454 04/29/2004 STATE BOARD OF EQUALIZATION MARK I KIT(NARK), ITEM 1.40 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 328.76 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI EAGLE 440 (INCLUDES VOLTAG 0.20 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 70.85 00062454 04/29/2004 STATE BOARD OF EQUALIZATION INSULATOR-suspensin,15KV,silic 0.24 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 3.09 00062454 04/29/2004 STATE BOARD OF EQUALIZATION USB WINSCAN/BLUE TOOTH 12.74 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 689.29 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Biography Today Subscription 9.57 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 7.43 00062454 04/29/2004 STATE BOARD OF EQUALIZATION MATERIALS 13.70 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 2.95 00062454 04/29/2004- STATE BOARD OF EQUALIZATION READING DEVICE/BLUE TOOTH 89.43 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 12.13 00062454 04/29/2004 -STATE BOARD OF EQUALIZATION READING DEVICE/BLUE TOOTH 1.22 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 74.89 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI EAGLE 440 (INCLUDES VOLTAG 11.35 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 3.29 00062454 04/29/2004 STATE BOARD OF EQUALIZATION MARK I KIT(NARK), ITEM 0.19 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 0.19 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI #FCT4/24 0.97 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 5.13 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI #FCT4/24 148.71 00062454 04/29/2004 STATE BOARD OF EQUALIZATION REGISTRY MECHANIC (#178976) 7.30 00062454 04/29/2004 STATE BOARD OF EQUALIZATION USB WINSCAN/BLUE TOOTH 2.42 00062454 04/29/2004 STATE BOARD OF EQUALIZATION 17-300001 JAN-MAR04 7.30 00062454 04/29/2004 STATE BOARD OF EQUALIZATION PMI EAGLE 440 (INCLUDES VOLTAG 38.61 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 562.65 00062454 04/29/2004 STATE BOARD OF EQUALIZATION INSULATOR-suspensin,15KV,silic 7.84 00062454 04/29/2004 STATE BOARD OF EQUALIZATION Miscellaneous Other 29.36 00062454 04129/2004 STATE BOARD OF EQUALIZATION INSULATOR-suspensin,15KV,silic 100.86 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 47 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register_Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0006245, - STATE BOARD OF EQUALIZATION 4,054.00 00098400 04/29/2004 LAIF LAIF (1) CITY OF AZUSA 4/29/04 2,000,000.00 Total Check Number 0009840( - LAIF 2,000,000.00 00098401 04/29/2004 AZUSA PAYROLL ACCOUNT, CITY OF Taxes Pbl/Withheld/Sate. 0.00 Total Check Number 0009840' - AZUSA PAYROLL ACCOUNT, CITY OF 0.00 00098402 04/28/2004 CALIFORNIA INDEPENDENT SYSTEM SCHED & DISPATCH- FERC FEE IN 973.32 Total Check Number 0009840: - CALIFORNIA INDEPENDENT SYSTEM 973.32 00098403 04/28/2004 DEPARTMENT OF WATER&POWER TRANSMISSION - MAR04 25,880.00 Total Check Number 0009840: - DEPARTMENT OF WATER&POWER 25,880.00 00098404 04/27/2004 CALIFORNIA INDEPENDENT SYSTEM TRANSMISSION -GMC PTO INV2945 500.00 Total Check Number 00098401 - CALIFORNIA INDEPENDENT SYSTEM 500.00 00098405 04/27/2004 CALIFORNIA INDEPENDENT SYSTEM CAPACITY& ENERGY- MKT INV295 80,714.60 Total Check Number 00098401 - CALIFORNIA INDEPENDENT SYSTEM 80,714.60 00098406 04/27/2004 CALIFORNIA INDEPENDENT SYSTEM SCHED &DISPATCH -GMC FEB04 1 21,604.84 Total Check Number 0009840E - CALIFORNIA INDEPENDENT SYSTEM 21,604.84 00098407 04/27/2004 PUBLIC EMPLOYEES RETIREMENT EMPLYR&EMPLYEE CONTRB PR#08/04 97,572.89 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 48 04/19/2004 thru 04/30/2004 15:49:14 Warrants—Register—Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0009840, - PUBLIC EMPLOYEES RETIREMENT 97,572.89 00098408 04/26/2004 SALT RIVER PROJECT SCHED & DISPATCH - MAR04 2,100.00 Total Check Number 00098401 - SALT RIVER PROJECT 2,100.00 00098409 04/26/2004 SOUTHERN CALIFORNIA PUBLIC CAPACITY& ENERGY-PV0404 163,166.00 Total Check Number 00098401 - SOUTHERN CALIFORNIA PUBLIC 163,166.00 00098410 04/22/2004 BONNEVILLE POWER ADMIN. CAPACITY& ENERGY- MAR04 179,450.00 Total Check Number 0009841( - BONNEVILLE POWER ADMIN. 179,450.00 00098411 04/22/2004 SOUTHERN CALIFORNIA-EDISON CO. TRANSMISSION -APR04 INV6112 4,320.00 00098411 04/22/2004 SOUTHERN CALIFORNIA EDISON CO. TRANSMISSION -APR04 INV6113 4,320.00 00098411 04/22/2004 SOUTHERN CALIFORNIA EDISON CO. TRANSMISSION-APR04 INV6110 15,120.00 00098411 04/22/2004 SOUTHERN CALIFORNIA EDISON CO. TRANSMISSION -APR04 INV6110 8,640.00 00098411 04/22/2004 SOUTHERN CALIFORNIA EDISON CO. TRANSMISSION-APR04 INV6111 10,800.00 Total Check Number 0009841' - SOUTHERN CALIFORNIA EDISON CO. 43,200.00 00098412 04/22/2004 SOUTHERN CALIFORNIA PUBLIC TRANSMISSION - MP0404 4,134.00 Total Check Number 0009841: - SOUTHERN CALIFORNIA PUBLIC 4,134.00 00098413 04/22/2004 SOUTHERN CALIFORNIA PUBLIC TRANSMISSION -MA0404 24,759.00 Total Check Number 0009841; - SOUTHERN CALIFORNIA PUBLIC 24,759.00 00098417 04/19/2004 CALIF DEPT.WATER RESOURCES CAPACITY& ENERGY-MAR04 110,095.70 Prepared by: Ruby Covarrubias City of Azusa Warrants Register As-of date: 05/12/2004 Page 49 04/19/2004 thru 04/30/2004 15:49:14 Warrants-Register-Detail Check# Check Date Payee/Vendor Name Description Amount($) Total Check Number 0009841, - CALIF DEPT.WATER RESOURCES 110,095.70 00098418 04/19/2004 CALIFORNIA INDEPENDENT SYSTEM CAPACITY& ENERGY- FIN INV293 22.45 Total Check Number 00098411 - CALIFORNIA INDEPENDENT SYSTEM 22.45 Grand Total all Checks 04/19/2004 thru 04/30/2004 3,558,367.34 Prepared by: Ruby Covarrubias V 14 hJ.0 11 1i • U i cur-oa�•P i CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING j MONDAY, MAY 3, 2004— 9:44 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date. Chairperson Madrid called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON,MADRID ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present I General Counsel Carvalho, Executive Director Person, City Department Heads, Secretary 3 Mendoza, Deputy Secretary Toscano. The CONSENT CALENDAR consisting of Items VII-A through VII-C,were approved by motion of Consent Cal. j Director Chagnon, seconded by Director Stanford and unanimously carried. Approved A. Minutes of the regular meetings of April 19, 2004,were approved as written. Min approved B. Redevelopment Agency Personnel Action Items was approved as follows: Ste Increase for Personnel C.Seffer, Administrative Secretary, effective April 3, 2004. Action Item C. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.04-1112 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Warrants It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 9:45 P.M. I SECRETARY ` i NEXT RESOLUTION NO. 04-R13. NEXT ORDINANCE NO. 04-RO1. , i i i }T'r OF q AGENCY CONSENT ITEM I TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD FROM: MICHAEL HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR �� �" I VIA: ROBERT PERSON, INTERIM EXECUTIVE DIRECTOR DATE: MAY 17, 2004 SUBJECT: FIRST AMENDMENT TO.THE TALLEY BUILDING DISPOSITION AND DEVELOPMENT AGREEMENT RECOMMENDATION It is recommended that the Agency Board adopt the Amended and Restated Talley Building Disposition and f Development Agreement. BACKGROUND On October 20, 2003, the Agency Board and City Council adopted resolution number 03-R38 which i authorized the adoption and execution of a Disposition and Development Agreement (DDA) between SY Development Corporation (Developer) and the City of Azusa Redevelopment Agency (Agency). The original DDA stated that the Agency would acquire the pedestrian breezeway property (617 North Azusa Avenue) as a.condition to the close of escrow for the Talley Building. It also stated that the Developer would construct the pedestrian breezeway. Since the approval of the DDA, the Agency and Developer , agreed to revise these conditions in order to maintain the schedule for the redevelopment of the Talley . building. { The DDA.is now amended to remove"the acquisition oflthe.breez_ewaylproprtyiasia'condition�for the case of escrow. There are several unsecured liens on the breezeway property-thathave to be cleared with the, Los Angeles County Tax Assessor's Office. The liens were previously paid, however, the Los Angeles Countyl -� Tax Assessor did not record the payments and the lengthy process to clear their mistake would delay thei close of escrow. 4,The "m—ended DDA also limits the Developer to-the-demolition of the breezewayi4uildin The breezeway improvements wilf now be constructed by the_Agency. Detaching the Developer from the. breezeway project, will allow him to focus on the aggressive schedule for the Talley Building project. i Finally, the Developer has formed a Limited Liability Corporation (621 Talley LLC) to perform the redevelopment of the Talley building. 621 Talley LLC will now be party to the DDA, as opposed to SY Development Corporation. The LLC contains the same principals and management personnel that SY Development Corporation had when they entered into the original DDA. i May 17, 2004 ` Honorable Chairperson&Members of the Board 1st Amendment to the Talley Building DDA ' Page 2 of 2 FISCAL IMPACT The fiscal impact of this action involves the cost of preparing the amendment by the City Attorney. This cost has been budgeted in account # 80-10-125-000-631 for Talley Building Project # 650201. Prepared by Jose AmadOr Attachment - DDA RECORDING REQUESTED BY AND ? WHEN RECORDED MAIL TO: The Redevelopment Agency of the City of Azusa Attn: Executive Director 213 E. Foothill Blvd. Azusa, CA 91702-1295 j Exempt from Recording Fee per Government Code' 273 83 (Space above for Record&sUse) 1 I i FIRST AMENDED AND RESTATED TALLEY BUILDING DISPOSITION AND DEVELOPMENT AGREEMENT 1 between i TBE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a California public agency 1 and I 621 Talley LLC t a California Limited Liability Company 1I I WATalley Bui1ding\Ta11eyDDA_0504.D0C 3 +z i ARTICLE 1. EFFECTIVE DATE; PARTIES; DEFINITIONS 1.1 Effective Date of Agreement. This First Amended and Restated Talley Building- Disposition and Development Agreement is dated as of the day of , 2004, for reference purposes only. This Agreement will not become effective until the date ("Effective Date") on which all of the following are true: (i) This Agreement has been approved and executed by the appropriate authorities of the Developer,as defined in Section 1.2.21,and this Agreement has been delivered to the Agency; (ii) Following all legally required notices and hearings,this Agreement has been approved by the Agency's governing board and the City Council(acting as the Agency's legislative body); and (iii) This Agreement has been executed by the appropriate authorities of the Agency and delivered to Developer. If this Agreement has been approved and executed by the Developer and delivered to the Agency as provided in(i)above,but the Agency fails to approve and/or deliver this Agreement as described in (iii) and (iv) above by December 4, 2003, then this Agreement shall not become effective and any prior signatures and approvals of the Parties will be deemed void and of no force or effect. This Agreement shall be recorded against the Property at any time following the Effective Date. 1.2 Parties to Agreement. 1.2.1 The Agency. The address of the Agency is 213 E.Foothill Blvd.,Azusa,CA 91702-1295;telephone 626-812-5200;facsimile 626-334-5464,with copies to Best Best&Krieger LLP,P.O. Box 1028, 3750 University Avenue, Suite 400,Riverside, CA 92501, Attention: Azusa Redevelopment Agency Counsel, facsimile (909) 686-3083. "Agency," as used in this Agreement,means THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a California public agency,and any nominee,assignee of,or successor to its rights,powers and responsibilities. I All article and section references are to articles and sections of this Agreement unless otherwise stated. WATalley BuiMingUalleyDDA_0504.DOC -2- I Agency represents and warrants to Developer that, to the Agency's actual current knowledge: (i) The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the California Community Redevelopment Law(California Health& Safety Code Section 33000, et seq.) ("CRL"); (ii) The Agency has taken all actions required by law to approve the execution of this Agreement; 1 (iii) The Agency's entry into this Agreement and/or the performance of the f Agency's obligations under this Agreement does not violate any contract, agreement or other legal obligation of the Agency; ; (iv) The Agency's entry into this Agreement and/or the performance of the Agency's obligations under this Agreement does not constitute a violation of any state or federal statute or judicial decision to which the Agency is subject; (v) There are no pending lawsuits or other actions or proceedings that f would prevent or impair the timely performance of the Agency's I S obligations under this Agreement; (vi) The Agency has the legal right,power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement has { been duly authorized and no other action by Agency is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein; (vii) The individual executing this Agreement is authorized to execute this Agreement on behalf of the Agency; and { (viii) This Agreement constitutes a legal, valid and binding agreement of 1 I the Agency, enforceable in accordance with its terms. The representations and warranties set forth above are material consideration to the Developer and the Agency acknowledges that the Developer is relying upon the representations set { i WATalley Building\TalleyDDA_0504.DOC -3- +I 1 s forth above in undertaking the Developer's obligations set forth in this Agreement. The Agency's representations and warranties shall survive the Close of Escrow(as herein defined below)and shall not be deemed merged with the Grant Deed. The term "Agency's actual current knowledge" means, and is limited to,the actual current knowledge of the Agency's Executive Director as of the Effective Date without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms,covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Agency and its nominees, successors and assigns. 1.2.2 The Developer. The Developer is 621 Talley LLC, a California Limited Liability Company. The address of the Developer for purposes of this Agreement is 280 S.Beverly Drive,Penthouse,Beverly Hills,California,90212-3906,telephone(310)888-3222;facsimile(3 10) 888-4046. Developer represents and warrants to Agency that,to the Developer's actual current knowledge: (i) The Developer is a duly formed and existing California Limited Liability Company and is in good standing and qualified to do business under the laws of the State of California; (ii) The individual(s) executing this Agreement is/are authorized to execute this Agreement on behalf of the Developer; (iii) The Developer has taken all actions required by law to approve the execution of this Agreement; (iv) The Developer's entry into this Agreement and/or the performance of the Developer's obligations under this Agreement does not violate any contract, agreement or other legal obligation of the Developer; (v) The Developer's entry into this Agreement and/or the performance of the Developer's obligations under this Agreement does not constitute a violation of any state or federal statute or judicial decision to which the Developer is subject; WATalley BuildinglTalleyDDA_0504.DOC -4- (vi) There are no pending lawsuits or other actions or proceedings that A would prevent or impair the timely performance of the Developer's obligations under this Agreement; and vii) The Developer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Developer is requisite to the valid and binding execution, delivery and performance of this Agreement,except as otherwise expressly set forth herein. The representations and warranties set forth herein are material consideration to the Agency and the Developer acknowledges that the Agency is relying upon the representations set forth above in undertaking the Agency's obligations set forth above. The term"Developer's actual current knowledge"means,and is limited to,the actual current knowledge of Hagop Sargisian as of the Effective Date without having undertaken any { independent inquiry or investigation for the purpose of making such representation or warranty and i without any duty of inquiry or investigation. All of the terms,covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Developer and its permitted nominees, successors and assigns. Wherever the term "Developer" is used herein or therein, such term shall include any permitted nominee, assignee or successor of the Developer. i The qualifications and identity of the Developer are of particular concern to the ' Agency, and it is because of such qualifications and identity that the Agency has entered into this Agreement with the Developer. No voluntary or involuntary successor-in-interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. Prior to the earlier of the tenth(10th)anniversary of the Close of Escrow(defined below),the Developer may not assign or transfer all or any part of this Agreement or the Property(hereinafter defined)without the prior written approval of the Agency,which shall be given,withheld or condition as provided in { Sections 3.4.15 and 3.4.17. 1 WATalley BuildingWalleyDDA_0504.DOC -5- 1.2.3 Agency and Developer are sometimes individually referred to herein as "Party" and collectively as "Parties." ARTICLE 2. RECITALS ABOUT THE PLAN AND PROJECT 2.1 The Redevelopment Plan and Project Area. The City Council ofthe City of Azusa ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for the redevelopment project area known as the Merged Central Business District/West End Project Area ("Project Area")by its adoption of Ordinance No.2382 on November 7, 1988. The original Central Business District Redevelopment Plan, amended seven (7) times, was originally approved by Ordinance No. 2062 on September 18, 1978. The original West End Redevelopment Plan was approved by Ordinance No. 2196 on November 28, 1983. This Agreement is subject to the provisions of the Redevelopment Plan as it now exists and as it maybe subsequently amended. The Redevelopment Plan is incorporated by this reference. The Project Area is located in the City of Azusa, California; its boundaries are specifically described in the Redevelopment Plan. 2.2 Purpose of this Agreement. On or about Novemebr 11, 2003,the Parties entered into that certain Talley Building-Disposition and Development Agreement("Original Agreement"). Pursuant to section 5.7 of the Original Agreement,the Parties may,by writing signed by both Parties amend the Original Agreement. The Original Agreement, as amended by this First Amended and Restated Talley Building-Disposition and Development Agreement,shall be referred to herein as the "Agreement". This Agreement and the Exhibits attached hereto implement the Redevelopment Plan for the Project Area by providing for the disposition and development of real property in the City of Azusa as more specifically described in the Scope of Development xhibit B attached hereto ("Development"). The development of the Property pursuant to this Agreement is in the best interests of the City and Agency and the health, safety, morals and welfare of its taxpayers and residents and is in accordance with public purposes set forth in federal, state and local law and regulation. Implementation of this Agreement will further the goals and objectives of the Redevelopment Plan and the City's General Plan by strengthening the City's land use and social structure and by alleviating economic and physical blight within the Project Area. WATalley Building\TalleyDDA_0504.DOC -6- I I ARTICLE 3. ACQUISITION, CONVEYANCE AND DEVELOPMENT + 3.1 The Property. The subject property consists of the Breezeway Parcel and the Talley Parcel, totaling approximately 10,498 square feet of land, more or less, and located at 617-621 N. Azusa Avenue, in the City of Azusa, California 91702 (the "Property"). The Property is legally described on the attached Exhibit A. 3.1.1 Breezeway:Parceri he first parcel,located at 617 N.Azusa Avenue,Azusa California 91702(Assessor Parcel No. 8611-004-909)shall be referred to as the"Breezeway Parcel". The Breezeway Parcel lot is approximately 3,498 square feet, more or less, and is currently improved with a 2,880 square foot,two story building(the"Breezeway Building"). The Breezeway { Parcel is currtlyed by�the*AzusapVa11ey1VJater C6mpany i 3.1.2 Talley Parcel. The second parcel, located at 619-621 N. Azusa Avenue, Azusa California 91702(Assessor Parcel Nos.8611-004-900 and 8611-004-901)shall be referred to as the"Talley Parcel". The Talley Parcel lot is approximately 7,000 square feet,more or less,and is currently improved with a 7,200 square foot, two story, brick building (the "Existing Talley I Building"). The Talley Parcel is currently owned by the Agency. { 3.2 [Intentionally Left Blank.] 3.3 Phase I -- Conveyance of Talley Parcel. In accordance with and subject to all the + i terms, conditions and covenants of this Agreement, the Agency agrees to convey fee simple defeasible title to the Talley Parcel to Developer as more specifically set forth in the grant deed attached hereto as Exhibit D("Grant Deed"),and Developer agrees to acquire such title from Agency pursuant to this Agreement, as more fully set forth below. 3.3.1 Consideration. In consideration of Developer's obligation to undertake the Development in accordance with this Agreement,the Agency shall convey to Developer the Talley Parcel. WATalley BuildingkTalleyDDA_0504.DOC -7- i 3.3.2 [Intentionally Left Blank.] 3.3.3 Escrow. 3.3.3.1 Opening of Escrow. Within the time period set forth in the Schedule of Performance (Exhibit C , the Agency and Developer shall open an escrow('Escrow") for the conveyance of the Talley Parcel with First American Title Company('Escrow Holder"),at a location mutually agreeable to the Parties. For purposes of this Agreement, the Escrow shall be deemed open on the date Escrow Holder shall have received a fully executed original or originally executed counterparts of this Agreement from Agency and Developer('Opening of Escrow"),and Escrow Holder shall notify Agency and Developer,in writing,of the date Escrow is opened. Agency and Developer acknowledge and agree that the Opening of Escrow shall occur within five (5) business days following the Effective Date. This Agreement constitutes the joint basic escrow instructions of the Agency and the Developer for the conveyance of the Talley Parcel,and a duplicate original of this Agreement shall be delivered to the Escrow Holder upon the Opening of Escrow. Agency and Developer agree to execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions('Additional Instructions")of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such Additional Instructions shall not conflict with,amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by Agency and Developer. 33.3.2 Close of Escrow. "Close of Escrow"or"Closing"means the recordation of the Grant Deed (defined herein) in Los Angeles County Official Records. Close of Escrow shall occur on or before August 30,2004 ('Outside Closing Date"),provided that Agency and Developer may,but shall not be obligated to,close the Escrow upon such earlier date as Agency and Developer mutually agree to in writing. The Closing shall be subject to the satisfaction or written waiver of all conditions precedent thereto. The Agency and the Developer agree to perform all acts necessary for the conveyance in sufficient time for title to be conveyed by the Outside WATalley BuildinglTalleyODA-0504.DOC -$- Closing Date. Agency and Developer may mutually agree to change the Outside Closing Date by joint written notice to Escrow Holder. • i 33.4 Condition of Title. It shall be a condition to the Close of Escrow for Developer's benefit that title to any portion of the Talley Parcel conveyed to Developer pursuant to this Agreement shall be subject only to the following conditions and exceptions to title("Approved Condition of Title"): 33.4.1 A lien to secure payment of general and special real property taxes and assessments, if any,not delinquent; { 3.3.4.2 The lien of supplemental taxes assessed pursuant to Chapter { 3.5 commencing with Section 75 of the California Revenue and Taxation Code; 33.4.3 Matters affecting the condition of title created by or with the I consent of Developer; 33.4.4 All exceptions that are disclosed by the "Title Report" described in Section 3.3.16 that are approved or deemed approved by Developer as provided therein; { 33.4.5 All matters that would be shown by an accurate survey of the Talley Parcel or by a physical inspection of the Talley Parcel; 3.3.4.6 Any and all easements,documents and/or memoranda that are j recorded against the Talley Parcel upon the Close of Escrow I pursuant to the terms and conditions of this Agreement; and 33.4.7 All applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building,zoning and land use)affecting the development,use, occupancy or enjoyment of the Talley Parcel. ; 3.3.5 Title Policy. Title shall be evidenced by the willingness of First American Title Company("Title Company")to issue its CLTA Owner's Form Policy of Title Insurance and its t 3 WATalley Building\TalleyDDA_05M.DOC -9- CLTA Lender's Form Policy of Title Insurance (collectively, "Title Policy")in the amount of One Hundred Fifty Eight Thousand dollars ($158,000) showing title to the Talley Parcel vested in Developer, subject only to the Approved Condition of Title. The premium for the CLTA Owner's Form Policy Title Insurance shall be paid by Developer and the premium for the CLTA Lender's Form Policy of Title Insurance shall be paid by Agency. Developer may, at its option, request an Extended Coverage ALTA Owner's Form Policy of Title Insurance("ALTA Policy")provided that the issuance of said ALTA Policy does not delay the Close of Escrow. Any additional costs including,but not limited to,title and endorsement fees and survey fees incurred in connection with the issuance of such ALTA Policy shall be Developer's sole responsibility. The issuance by Title Company of the Title Policy or ALTA Policy in favor of Developer insuring fee title to the Talley Parcel in the amount of One Hundred Fifty Eight Thousand dollars($158,000), subject only to the Approved Condition of Title, shall be conclusive evidence that Agency has complied with any contractual or statutory obligation,express or implied,to convey to Developer good and marketable title to the Talley Parcel. 3.3.6 Conditions to Close of Escrow. 3.3.6.1 Developer's Conditions. Developer's obligationto accepttitle to the Talley Parcel and pay the Purchase Price is subject to the satisfaction of the following conditions for Developer's benefit(or Developer's waiver thereof,it being agreed that Developer may waive any or all of such conditions) on or prior to the Outside Closing Date: 3.3.6.1.1 The .Agency shall have deposited into Escrow the Grant Deed and all other documents and funds required of it under this Agreement; 33.6.1.2 The Escrow Holder shall have received a commitment from the Title Company to issue the Title Policy or an ALTA Policy, as applicable, for the Talley Parcel pursuant to this Agreement, subject only to the Approved Condition of Title; W:\Talley Building\TalleyDDA_0504.DOC -to- . i 3.3.6.1.3 The City and the Agency shall have approved a specific plan for the Development (which may I include surrounding properties pursuant to Government Code Section 65450, et LN.) and those development applications, entitlements and permits required for Phase 11, in accordance with this i Agreement and all applicable local, state and federal laws and regulations including, without limitation, environmental approvals related thereto and all Z applicable judicial and administrative challenge periods with respect thereto shall have expired; j I 3.3.6.1.4 The Agency and/or City, as applicable, shall have taken all actions and issued such approvals as legally required pursuant to provisions of the California { Environmental Quality Act ("CEQA") as pre- i conditions to the approval of the Development and all applicable judicial and administrative challenge i periods have expired; 3.3.6.1.5 The Developer shall have approved or been deemed to have approved the environmental condition and { condition of title of the Talley Parcel, as set forth in more detail in Section 3.3.15 and Section 3.3.16; j 3.3.6.1.6 All representations and warranties of the Agency I I hereunder shall be true as of the Effective Date and beyond and as of the Close of Escrow and shall I continue thereafter for the full statutory period; and 3.3.6.1.7 The Developer shall have approved Escrow Holder's estimated closing costs statement. s I 1 I I WATalley BuildinglTalleyDDA_0504.DOC 3.3.6.2 Agency's Conditions. Agency's obligation to convey the Talley Parcel is subject to the satisfaction of the following conditions for Agency's benefit (or Agency's waiver thereof,it being agreed that Agency may waive any or all of such conditions)on or prior to the Outside Closing Date: 3.3.6.2.1 The City and the Agency shall have approved those development applications, entitlements and permits required for Phase H, in accordance with this Agreement and all applicable local, state and federal laws and regulations including, without limitation, environmental approvals related thereto and all applicable judicial and administrative challenge periods with respect thereto shall have expired; 3.3.6.2.2 Developer shall have furnished to the Agency satisfactory evidence,in the Agency's sole discretion, of the Developer's ability to finance the acquisition, construction and operation of the Development in a form approved by the Agency. The evidence of said financing may include,without limitation: (a) a letter of commitment from a reputable lending institution approved by the Agency pursuant to Section 3.4.15, evidencing that institution's agreement to loan funds to acquire the Talley Parcel and construct the Development;and/or(b)evidence of the Developer's ability to self-finance the acquisition,construction and operation of the Development; 3.3.6.2.3 The Developer shall have tendered into Escrow all funds and documents required of it pursuant to this Agreement; WATalley BuildingUalleyDDA_05N.DOC -12- 3.3.6.2.4 The Developer shall have completed in a timely fashion all of its obligations that are to be completed prior to the Close of Escrow as provided in this Agreement and the Schedule of Performance; 3.3.6.2.5 The Escrow Holder shall have received a commitment i from the Title Company to issue the Title Policy or an ALTA Policy, as applicable, for the Talley Parcel, subject only to the Approved Condition of Title; { 3.3.6.2.6 The Agency and/or City, as applicable, shall have taken all actions and issued such approvals as legally required pursuant to provisions of the California Environmental Quality Act ("CEQA") as pre- conditions to the approval of the Development; i 3.3.6.2.7 All representations and warranties of the Developer hereunder shall be true as of the Effective Date and beyond and as of the Close of Escrow and shall j i continue thereafter for the full statutory period; and 3.3.6.2.8 The Agency shall have approved Escrow Holder's i estimated closing costs statement; and 3.3.6.2.9. The Developer shall have provided to Agency the insurance endorsements required by Section 3.4.9 hereof; and 33.6.2.10. The City's Planning Commission shall have provided or be deemed to have provided a determination of consistency with the City's general plan pursuant to 1 Government Code Section 65402 and any other entities affiliated with the City with jurisdiction over the Development shall have approved the i Development. i WATalley Building%TalleyDDA_0504.DOC i 1 i 3.3.7 Developer Payments and Documents. At least one(1)day prior to Closing, the Developer shall pay or tender(as applicable)to the Escrow Holder the following documents(in recordable form, as necessary), fees, charges and costs: 3.3.7.1 The Purchase Price; 3.3.7.2 One-half(1/2) of the escrow fees, recording fees and notary fees attributable to the conveyance of the Talley Parcel; 33.7.3 The premium for any ALTA Policy and any charges for survey or other endorsements required as set forth in Section 3.3.5 of this Agreement; 33.7.4 The prorated amount of ad valorem taxes,if applicable,upon the Talley Parcel with respect to the period subsequent to transfer of title; 3.3.7.5 Any additional changes customarily charged to buyers in accordance with common escrow practices in Los Angeles County; and 33.7.6 Such other documents and instruments required by the Escrow Holder in the performance of its contractual or statutory obligations. 33.8 Agency Payments and Documents. The Agency shall pay or tender (as applicable)to the Escrow Holder the following documents(in recordable form,as necessary),fees, charges and costs promptly after the Escrow Holder has notified the Agency of the amount of such fees, charges and costs: 3.3.8.1 One-half(1/2) of the escrow fees, recording fees and notary fees attributable to the conveyance of the Talley Parcel; 3.3.8.2 The premium for the Title Insurance Policy to be paid by the Agency as set forth in Section 3.3.5 of this Agreement; WATalley BuildingWalleyDDA_0504.DOC -14- t 3.3.83 The prorated amoiYnt of ad valorem taxes,if applicable,upon i the Talley Parcel with respect to the period prior to transfer of title; 3.3.8.4 Any state,county or city documentary transfer taxes or stamps relating to the conveyance of the Talley Parcel; 3.3.8.5 Any additional costs and charges customarily charged to sellers in accordance with common escrow practices in Los Angeles County; 33.8.6 A FIRPTA Certificate and California Form 597, and such 1 other documents and instruments required by the Escrow i Holder in the performance of its contractual or statutory obligations; and 3.3.8.7 A fully executed and recordable Grant Deed in substantially in the form attached as Exhibit D. 1 3.3.9 Escrow Holder Responsibilities. Upon the Closing,the Escrow Holder is authorized to: i 3.3.9.1 Pay, and charge the Agency and the Developer,respectively, for any fees, charges and costs payable under Sections 3.3.7 and 3.3.8 of this Agreement. Before such payments or charges are made,the Escrow Holder shall notify the Agency q and the Developer of the fees,charges and costs necessary to clear title and close the Escrow; 3.3.9.2 Record in the following order: the Grant Deed, the Trust Deed, and any other instruments delivered through the Escrow; and I 3.3.9.3 Deliver to the Agency and disburse such other funds and i deliver such other documents to the Parties entitled thereto. I I WATalley Building\TalleyDDA_0504.DOC -15- I 33.10 Deposit of Escrow Funds. All funds received in the Escrow shall be deposited by the Escrow Holder with other escrow funds of the Escrow Holder in an interest earning general escrow account. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Holder. All adjustments and prorations are to be made on the basis of a thirty (30) day month- 3.3.11 onth33.11 Amendment of Escrow Instructions. Any amendment to these escrow instructions shall be in writing and signed by the Agency and the Developer. At the time of any amendment, the Escrow Holder shall agree to carry out its duties as Escrow Holder under such amendment. 33.12 Notices. All communications from the Escrow Holder to the Agency or the Developer shall be directed to the addresses and in the manner established in Sections 1.2 and 5.1 of this Agreement for notices,demands and communications between the Agency and the Developer. 3.3.13 Parties Right to Terminate for Failure of Escrow to Close. If, for any reason other than the Default of the Agency or the Developer (as defined below) Escrow does not close on or before the Outside Closing Date or such other date that has been mutually agreed upon by the Parties, then either the Agency or the Developer may terminate this Agreement without cost, expense or liability to either Party. Upon such termination,the Escrow Holder shall return all funds and documents to the party depositing the same. The Agency and the Developer shall each bear one- half of Escrow Holder's fees and expenses. 3.3.14 Prevailing Wages. 3.3.14.1 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including,without limitation S.B. 975,which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement,Developer agrees to assume all WATalley BuildingUalleyDDA_0504.DOC -16- risk of liability arising from any decision not to pay prevailing wages for work required by this j Agreement. i 33.14.2 Indemnification.As a further material part of this Agreement, i Developer agrees to indemnify, defend and hold harmless the Agency, the City, their officials, t officers,employees,consultants and agents from any and all claims,liability,loss,costs, damages, j expenses,fines and penalties,of whatever type or nature,including all costs of defense and attorneys' fees,arising from any alleged failure of the Developer or Developer's contractors to comply with the prevailing wage laws of the State of California. If the Agency or any of the other indemnified parties are named as a parry in any dispute arising from the failure of Developer or Developer's contractors to pay prevailing wages,Developer agrees that the Agency and those other indemnified parties may appoint their own independent counsel, and Developer agrees to pay all attorneys'fees and defense costs of Owner and the other indemnified parties as billed, in addition to all other damages, fines, penalties,and losses incurred by Agency and those other indemnified parties as a result of the action. i. 3.3.15 Environmental Review. The Close of Escrow shall be contingent upon Developer's approval of the environmental condition of the Talley Parcel prior to December 16, 2003, which date shall be the expiration of the "Environmental Review Period." Y 3.3.15.1 Developer shall have the right, at its sole cost, expense and liability,to commence Developer's environmental inspection of the Talley Parcel immediately after I the Opening of Escrow. No invasive testing or boring shall be done without prior written I notification to Agency and Agency's written permission of the same,which Agency may withhold in its sole and absolute discretion. Copies of data, surveys and tests obtained or made pursuant to this Section shall be provided to the Agency within fifteen(15)days after receipt by the Developer. Any inspection and/or testing work shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. Developer shall use care and consideration in connection with any of its inspections or tests and Agency shall have the right to be present during any inspection of the Talley Parcel by Developer or its agents. Developer shall restore the Talley Parcel to its original condition immediately after any and all tests and/or inspections. W%Talley BuildingUalleyDDA_0504.DOC -17- f 3.3.15.2 Developer shall protect, indemnify, defend (with counsel reasonably acceptable to Agency) and hold the Properly, Agency, the City and their officials, officers, employees, agents and attorneys free and harmless from and against any and all claims, damages, liens, stop notices, liabilities, losses, costs and expenses, including reasonable attorneys' fees and court costs and expenses (all of the foregoing, collectively "Liabilities"), resulting from Developer's inspection and testing of the Talley Parcel,including,without limitation,repairing any and all damages to any portion of the Property, arising out of or related (directly or indirectly) to Developer's conducting such inspections, surveys,tests, and studies, except as to those Liabilities attributable to the negligence or willful misconduct of the Agency, the City and their officials, officers,employees,agents, contractors and attorneys. The Developer's indemnification obligations set forth herein shall survive the Close of Escrow,shall not be merged with the Grant Deed and shall survive the termination of this Agreement and Escrow prior to the Close of Escrow. 3.3.15.3 Prior to any entry upon the Talley Parcel by Developer or Developer's agents,contractors,subcontractors or employees,Developer shall deliver to Agency an original endorsement to Developer's commercial general liability insurance policy that evidences that Developer is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to Agency, covering: (1) the activities of Developer, Developer's agents, contractors, subcontractors and employees on or upon the Property and (2) Developer's indemnity obligation contained in Section 3.3.15. Such endorsement to such insurance policy shall evidence that such insurance policy shall have a per occurrence limit of at least One Million Dollars ($1,000,000)and an aggregate limit of at least Two Million Dollars($2,000,000),shall name Agency and City and their officials,officers,employees,and agents as additional insureds,shall be primary and non-contributing with any other insurance available to Agency and City and shall contain a full waiver of subrogation clause. 3.3.15.4 If, during the Environmental Review Period, Developer determines that it is dissatisfied,in Developer's sole discretion,with the environmental condition of the Talley Parcel,then,pursuant to Section 3.3.13,Developer may terminate this Agreement and the WATalley BuildinglTalleyDDA_0504.D0C -18- f Escrow created pursuant hereto by delivering written notice to Agency and Escrow Holder on or before the expiration of the Environmental Review Period of Developer's election to terminate this Agreement. If Developer fails to deliver any such written termination notice to Agency and Escrow Holder on or before the expiration of the Environmental Review Period, then Developer shall conclusively be deemed to have approved the environmental condition of the Talley Parcel and to have waived the requirement for a satisfactory appraisal. If Developer waives such contingencies,or ' is deemed to have waived such contingencies,then Developer shall conclusively be deemed satisfied I with all aspects of the Talley Parcel,including,without limitation,the condition and suitability for Developer's intended use. 3.3.16 Developer's Review of Title. The Close of Escrow shall be contingent upon Developer's approval or deemed approval of title to the Talley Parcel pursuant to this Agreement. Within the time frame set forth in the Schedule of Performance,Developer shall obtain,and provide a copy to Agency, a standard preliminary report from the Title Company with respect to the Talley Parcel, together with the underlying documents relating to the Schedule B exceptions set forth in 1 such report (collectively, the "Title Report"). At Developer's election, Developer may obtain, at Agency's sole cost,expense and liability,an ALTA survey("Survey")of the Talley Parcel;provided f that Developer's election to obtain the Survey shall in no event affect Developer's "Title Review i Period" (as hereinafter defined) and shall in no event delay the Close of Escrow. Developer shall have until August 30, 2004 ("Title Review Period") to give Agency and Escrow Holder written notice ("Developer's Title Notice") of Developer's disapproving or conditional approval of any matters shown in the Title Report or survey (if applicable). The failure of Developer to give 1 Developer's Title Notice on or before the end of the Title Review Period shall be conclusively deemed to constitute Developer's approval of the condition of title to the Talley Parcel as set forth in i the Title Report. i If Developer disapproves or conditionally approves in writing any matter of title i shown in the Title Report or survey(if applicable),then Agency may,but shall have no obligation to, within three (3) business days after its receipt of Developer's Title Notice ("Agency's Election Period"),elect to eliminate or ameliorate to Developer's satisfaction the disapproved or conditionally approved title matters by giving Developer written notice ("Agency's Title Notice") of those WATalley BuildingUalleyDDA_0504.DOC -19- 3 disapproved or conditionally approved title matters, if any, that Agency agrees to so eliminate or ameliorate by the Closing Date; provided, that, Agency shall have no obligation to pay any consideration or incur any liability in order to eliminate or ameliorate such disapproved title matters. If Agency does not elect to eliminate or ameliorate any disapproved or conditionally approved title matters, or if Developer disapproves Agency's Title Notice, or if Agency fails to timely deliver Agency's Title Notice, then Developer shall have the right, upon delivery to Agency and Escrow Holder(on or before two(2)business days following the expiration of Agency's Election Period)of a written notice, to either: (1)waive its prior disapproval, in which event said disapproved matters shall be deemed unconditionally approved; or (2)terminate this Agreement pursuant to Section 3.3.13 and the Escrow created pursuant thereto. Failure to take either one of the actions described in (1) and (2) above shall be deemed to be Developer's election to take the action described in (1) above. If, in Agency's Title Notice, Agency has agreed to either eliminate or ameliorate to Developer's satisfaction by the Closing Date certain disapproved or conditionally approved title matters described in Developer's Title Notice,but Agency fails to do so,then Developer shall have the right (which shall be Developer's sole and exclusive right or remedy for such failure), upon delivery to Agency and Escrow Holder(on or before one(1)business day prior to the Closing Date) of a written notice to either: (x)waive its prior disapproval,in which event said disapproved matters shall be deemed approved;(y)terminate this Agreement pursuant to Section 3.3.13 and the Escrow created pursuant hereto,or(z)at the Developer's election,allow the Agency an additional period of time, not to exceed thirty (30) days, to eliminate or ameliorate to Developer's satisfaction the disapproved or conditionally approved title matters described in Developer's Title Notice. If the Developer elects to proceed pursuant to (z) above, the Closing Date set forth in the Schedule of Performance shall be automatically extended by the length of the additional time period that Developer provides to the Agency. Failure to take any one of the actions described in(x),(y)and(z) above shall be deemed to be Developer's election to take the action described in(x) above. In the event that the Developer elects to proceed pursuant to(z)above and the Agency fails to eliminate or ameliorate to Developer's satisfaction the disapproved or conditionally approved title matters described in Developer's Title Notice prior to the expiration of the additional time period allowed to the Agency,then Developer shall have the right(which shall be the Developer's sole and WATalley BuildingUalleyDDA_0504.DOC -20- exclusive right or remedy for such failure), upon delivery to Agency and Escrow Holder (on or before one business day prior to the Closing Date, as it may be extended pursuant to the preceding paragraph) of a written notice to either: (1) waive its prior disapproval, in which event said disapproved matter shall be deemed approved;or(2)terminate this Agreement pursuant to Section 3.3.13 and the Escrow created pursuant hereto. Failure to take either one of the actions described in (1) and (2) above shall be deemed to be Developer's election to take the action described in (1) above. f 3.3.17 Review of Documents and Materials. Agency agrees to provide to ; Developer for Developer's review those documents and materials,if any,respecting the Talley Parcel (collectively, "Documents and Materials"), provided (i) such Documents and Materials are in { Agency's possession and control or are reasonably available at no cost to Agency, and (ii)Agency i does not represent,warrant or certify the accuracy,adequacy or completeness of the Documents and Materials. During the period commencing upon the date that the Agency first provides Developer 3 with any Documents and Materials and ending at 5:00 p.m.PST on the thirtieth(30`h)day thereafter ("Feasibility Period"),the Developer shall have the right to review and examine the Documents and Materials. The failure of Developer to disapprove in writing any of the Documents and Materials on or before the expiration of the Feasibility Period shall be deemed to constitute Developer's approval of all the soils, environmental and reports and engineering data pertaining to the Talley Parcel and any architectural studies, grading plans, topographical maps and similar data regarding the Talley Parcel. Developer shall keep all information contained in the Documents and Materials confidential, as provided below. 1 If, during the Feasibility Period, Developer reasonably determines that it is 1 i dissatisfied with any aspects of the Talley Parcel and/or its condition or suitability for Developer's intended use or with any of the Documents and Materials,then Developer may,pursuant to Section SI 3.3.13,terminate this Agreement and the Escrow created pursuant hereto by delivering written notice I to Agency and Escrow Holder on or before the expiration of the Feasibility Period of Developer's election to terminate. If Developer fails to deliver any such written termination notice to Agency and Escrow Holder on or before the expiration of the Feasibility Period,then Developer shall be deemed ; to be satisfied with all aspects of the Documents and Materials and with all aspects of the Talley i W:1Talley BuildinglTalleyDDA_0504.DOC -21- 1 { Parcel, including, without implied limitation, the condition and suitability of the Talley Parcel for Developer's intended use: I ' 3.3.18 Reliance Upon Document's and Materials. Developer acknowledges that: (i) The Documents and Materials are being furnished to it solely for Developer's reviewlin connection with its possible purchase of the Talley Parcel; I (ii) Developer is using the Documents and Materials and relying on any information or conclusion contained in the Documents and Materials at its own risk, and, except to the extent that the Documents and Materials are prepared by the Agency, Agency shall have no liability for any inaccuracies,omissions,errors or other matters that appear in the Documents and Materials; and (iii) Developer will use the Documents and Materials solely in connection with its examination of the Talley Parcel and for no other purpose whatsoever. 3.3.19 Developer's Representations and Warranties Re:Condition of the Talley Parcel. In consideration of Agency entering into this Agreement and as an inducement to Agency to sell the Talley Parcel to Developer,Developer makes the following representations and warranties, each of which is material and is being relied upon by Agency:Developer represents and warrants that it is purchasing the Talley Parcel based solely upon Developer's inspection and investigation of the Talley Parcel and all documents related thereto, or its opportunity to do so, and Developer is purchasing the Talley Parcel in an "AS IS, WHERE IS" condition, without relying upon any representations or warranties,express,implied or statutory,of any kind. Without limiting the above, Developer acknowledges that neither Agency,except as expressly set forth in this Section 3.3.19,nor any other party has made any representations or warranties,express or implied,on which Developer is relying as to any matters, directly or indirectly, concerning the Talley Parcel, including but not limited to,the land,the square footage of the Talley Parcel,improvements and infrastructure,if any, development rights and exactions, expenses associated with the Talley Parcel,taxes, assessments, WATalley Bui1tling%Ta11eyDDA-0504.DOC -22- bonds,permissible uses,title exceptions, water or water rights,topography, utilities, zoning of the Talley Parcel, soil, subsoil, the purposes for which the Talley Parcel is to be used, drainage, environmental or building laws,rules or regulations,toxic waste or Hazardous Materials or any other matters affecting or relating to the Talley Parcel. Developer hereby expressly acknowledges that no such representations have been made. The Closing of Escrow for the Talley Parcel by Developer hereunder shall be conclusive evidence that(1)Developer has fully and completely inspected(or has caused to be fully and completely inspected) the Talley Parcel, (2) Developer accepts the Talley Parcel as being in good and satisfactory condition and suitable for Developer's purposes,and(3)the Talley Parcel fully complies with Agency's covenants and obligations hereunder. Developer shall perform and rely solely upon its own investigation concerning its intended use of the Talley Parcel, the Talley Parcel's fitness thereof, and the availability of such i intended use under applicable statutes,ordinances,and regulations. Developer further acknowledges A and agrees that Agency's cooperation with Developer in connection with Developer's due diligence j review of the Talley Parcel,whether by providing the Title Report other documents, or permitting inspection of the Talley Parcel, shall not be construed as any warranty or representation,express or ; implied,of any kind with respect to the Talley Parcel,or with respect to the accuracy,completeness, or relevancy of any such document. Furthermore, without limiting the generality of the foregoing, Developer hereby expressly waives,releases and relinquishes any and all claims,causes of action,rights and remedies Developer may now or hereafter have against Agency, the City, and their officials, officers, employees, and agents, whether known or unknown, with respect to any past, present or future ' presence or existence of Hazardous Materials on,under or about the Talley Parcel or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage, release or disposal of Hazardous Materials, including, without limitation, (i) any and all rights Developer may now or hereafter have to seek contribution from Agency or City under Section 113(f)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. ' 9613), as the same may be further I amended or replaced by any similar law,rule or regulation,(ii)any and all rights Developer may now or hereafter have against Agency or City under the Carpenter-Presley-Tanner Hazardous Substances f i W1Talley Building\TalleyDDA_0504.DOC -23- l fII1 1 Account Act(California Health and Safety Code,Section 25300,et seq.),as the same maybe further amended or replaced by any similar law,rule or regulation, (iii) any and all claims,whether known or unknown, now or hereafter existing, with respect to the Talley Parcel under Section 107 of CERCLA(42 U.S.C.A. ' 9607),and(iv) any and all claims,whether known or unknown,based on nuisance,trespass or any other common law or statutory provisions. Nothing in this paragraph shall operate as a release of any rights or remedies of the Developer against the Agency arising from the migration or release of Hazardous Materials from/on adjacent property owned by the Agency. As used herein,the term "Hazardous Material(s)" includes,without limitation,any hazardous or toxic materials, substances or wastes, such as (A)those materials identified in Sections 66680 through 66685 and Section 66693 through 66740 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B)those materials defined in Section 2550 10)of the California Health and Safety Code, (C) any materials, substances or wastes that are toxic,ignitable,corrosive or reactive and that are regulated by any local governmental authority,any agency of the state of California or any agency of the United States Government, (D) asbestos, (E) petroleum and petroleum based products, (F)urea formaldehyde foam insulation, (G)polychlorinated biphenyls (PCBs), and (H) freon and other chlorofluorocarbons. DEVELOPER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" BY INITIALING BELOW,DEVELOPER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS THAT ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES: WATalley Building7alleyDDA_0504.DOC -24- ,I Developer's Initials The waivers and releases by Developer herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. The release and waiver provisions of this Section 3.3.19 shall not apply to any cause of action, claim, demand or liability that is attributable to a breach of the Agency's representations and warranties under Section 3.14.20 or to the migration of Hazardous Materials onto or under the Talley Parcel from any adjacent Agency-owned property. Upon the Close of Escrow, the Agency conditionally assigns to the Developer any rights,remedies,or chooses in action that the Agency may have against any prior owner of the Talley Parcel in connection with the presence or release of Hazardous Materials on or under the surface of the Talley Parcel;provided,however,that the Agency may revoke such assignment by written notice to the Developer upon: (i)the Agency's reasonable determination that such revocation is necessary to allow the Agency to assert a claim or defense against any such prior owner,and(ii)the Agency being made a party to a clean up order, lawsuit,or other proceeding concerning the presence or release of Hazardous Materials on or under the surface of the Talley Parcel. Such revocation shall not operate to restrict the Developer's right to defend itself if it is named in any action by such prior owner(s). r 3.3.20 Agency's Representations and Warranties Re: Condition of the Talley Parcel. In consideration of Developer entering into this Agreement and as an inducement to Developer to purchase the Talley Parcel from Agency,Agency represents and warrants that pursuant to California Health and Safety Code Section 25359.7, to the actual current knowledge of the j Agency,the Agency is not aware of the release or the presence of any Hazardous Materials on or in I the Talley Parcel. 3.3.21 Taxes and Assessments. Any assessments and ad valorem taxes on the i Talley Parcel levied, assessed or imposed for any period commencing prior to conveyance of title shall be paid by the Agency. All assessments, ad valorem taxes, possessory interest taxes and r personal property taxes levied or imposed upon the Talley Parcel or upon this Agreement or any right I WATalley Bui1ding\Ta11eyDDA_05D4.DOC -25- i hereunder for any period after the Closing shall be paid by the Developer. The Developer shall cause all taxes and assessments levied against the Talley Parcel to be paid in a timely fashion. 3.4 Phase II--Development of Property. The Developer shall perform its obligations with respect to the Development of the Property in accordance with this Agreement, including, without implied limitation, the Scope of Development and Schedule of Performance attached as Exhibits B and C,respectively,the Grant Deed to the Talley Parcel and any additional plans provided by the Developer and approved by the Agency and the City pursuant to this Agreement. The Scope of Development shall include,without limitation: (a)the demolition of the improvements located on the Breezeway Parcel by the Developer(at the Developer's sole cost and expense);(b)the design and rehabilitation of the improvements located on the Talley Parcel by the Developer,which design and rehabilitation shall include,without limitation,the construction of a third story on the rear(Western) portion of the Existing Talley Building;(c)the design of the landscaping,lighting and hardscaping of the Breezway by the Agency; and(d)the construction of the landscaping,lighting and hardscaping improvements on the Breezeway Parcel by the Agency. 3.4.1 Preparation of Concept and Site Plans and Related Documents. Within the time set forth in the Schedule of Performance,the Agency shall prepare conceptual drawings and working drawings and related documents for the construction of the improvements for the Breezeway Parcel. Within the time set forth in the Schedule of Performance, the Developer shall prepare and submit to the Agency for approval, conceptual drawings and working drawings and related documents for the rehabilitation of the Talley Parcel.All conceptual drawings and working drawings and related documents shall be consistent with the Scope of Development.Any changes to the Plans required by the Agency shall not operate to extend the time for performance of the Developer's obligations hereunder, unless such changes are necessary due to the Agency-initiated deviations from the Scope of Development. The Agency's staff,Planning staff and the Developer shall hold regular progress meetings to coordinate the preparation and submission of the conceptual drawings and working drawings and related documents. The Agency's staff and the Developer shall W1Talley Building\TalleyDDA_0504.DOC -26- communicate and consult informally as frequently as is necessary to assure that the formal submittal of any documents to the City receive prompt consideration. The Agency and the Developer shall confer in good faith regarding appropriate time extensions for any Agency-initiated changes. 3.4.2 [Intentionally Left Blank.] 3.43 Governmental Requirements. If any governmental official, agency, department or bureau having jurisdiction over the Development (including, without implied limitation,the City)requires material revisions or corrections of the Plans,the Developer,Agency, and Planning Department shall cooperate in efforts to obtain waivers of such requirements or to j develop a mutually acceptable set of alternative Plans. i 3.4.4 Cost of Construction. Except as otherwise provided in this Section 3.4.4, the cost and expense of undertaking and completing the Development and providing all utilities for the Development, shall be borne solely by the Developer at its sole cost, expense and liability. 3.4.4.1 Talley Parcel Design, Construction/Installation Cost i Reimbursement. The Agency shall reimburse Developer for any and all reasonable hard costs that are actually incurred or paid by Developer in the design,construction and installation of the rehabilitation improvements at the Talley Parcel. All I contracts or other agreements of any type entered into by F Developer that Developer seeks reimbursement for shall have been approved by the Agency in order to qualify for reimbursement. In the event Developer seeks reimbursement for costs incurred,but not yet paid,the Agency may in its sole and absolute discretion provide reimbursement through means i I of a third-party(ies) check. Notwithstanding any Agency review. or approval of Developer's contracts or other agreements, the Agency shall not incur any liability or i I f WATalley Building\TalleyDDA_0504.DOC -27- { obligation of any kind with respect to such contracts or agreements. Developer shall submit written invoices to the Agency on the first working day of each month(or upon such other time frame mutually agreed upon by the parties in writing) for such reimbursable costs. The Agency shall review all such invoices and shall, within thirty (30) days of submittal to the Agency,reimburse Developer for such costs as the Agency, in its sole an absolute discretion, determines are reasonable. Notwithstanding any provision herein to the contrary, the Agency shall not be obligated to reimburse Developer for any cost or expense except upon proof acceptable to the Agency,in its sole and absolute discretion, that all mechanics or workmans' liens or similar obligations have been satisfied by Developer. The total amount of the reimbursement distributed by the Agency pursuant to this Section 3.4.4.2 shall not exceed Four Hundred Fifty Thousand Dollars ($450,000). 3.4.4.3 Cost Reimbursement. All contracts or other agreements of any type entered into by Developer that Developer seeks reimbursement for shall have been approved by the Agency in order to qualify for reimbursement. In the event Developer seeks reimbursement for costs incurred, but not yet paid,the Agency may in its sole and absolute discretion provide reimbursement through means of a third-party(ies) check. Notwithstanding any Agency review or approval of Developer's contracts or other agreements,the Agency shall not incur any liability or obligation of any kind with respect to such contracts or agreements. Developer shall submit written invoices to the Agency on the first working day of each month (or upon such other time frame mutually agreed upon by the WATalley Building\TalleyDDA_0504.DOC -28- parties in writing) for such reimbursable costs. The Agency shall review all such invoices and shall, within thirty (30) days of submittal to the Agency, reimburse Developer for such costs as the Agency, in its sole an absolute discretion, determines are reasonable. .3.4.4.4 Limitation on Agency's Financial Assistance. i Notwithstanding any provision herein to the contrary, the I Agency shall not be obligated to provide Developer financial assistance other than the reduction in the purchase price for the transfer of the Talley Parcel and the reimbursements set forth in this Section 3.4.4. I 3.4.5 Construction and Development Schedule of Performance. The Developer j f shall begin and complete all construction and development within the times specified in the Schedule i of Performance or such reasonable extension of said dates as may be granted by the Agency. In addition to extensions of time provided by express provisions of this Agreement, the Schedule of Performance may be revised from time to time as mutually agreed upon in writing between the Developer and the Agency. I i From time to time during the period of construction and as reasonably requested by the Agency, the Developer shall report to the Agency on the progress of construction. The reports shall be in such form and detail as may reasonably be required by the Agency and shall include 1 construction photographs taken since the last report. I { s 3.4.6 Grading,Paving and Landscaping Plans. The Agency shall prepare and submit to the City for its approval,preliminary and final, grading,paving and landscaping plans for =. the Breezeway Parcel. The Developer shall prepare and submit to the City for its approval, preliminary and final, grading,paving and landscaping plans for the Talley Parcel. All such plans shall be prepared,submitted and approved by the City Engineer prior to the start of construction. All grading plans shall be prepared by a registered civil engineer. Developer shall complete installation of landscaping on the Property prior to the issuance of a certificate of occupancy. The landscaping i! W:\Talley Building7alleyDDA_0504.DOC -29- I +t plan to be prepared pursuant to this Agreement,including plant materials and types,shall be subject to the approval of the City's Community Development Director. 3.4.7 Right of Access. Until a Certificate of Completion is issued for the Development and for the purpose of assuring compliance with this Agreement,representatives of the Agency and the City shall have reasonable right of access to the Development without charge,during Agency business hours and after not less than forty-eight (48) hours prior written notice. Agency will use good faith efforts to minimize any interference that the Agency's entry may have upon the Developer's operations. 3.4.8 Indemnity. The Developer shall defend,indemnify and hold the Agency and . the City,and their officers,directors,agents,servants,attorneys,employees and contractors harmless from and against all liability,loss,damage, costs,or expenses(including reasonable attorneys'fees and court costs) (all of the foregoing collectively, "Liabilities") arising from or as a result of the death of any person or any accident injury,loss or damage whatsoever caused to any person or to the property of any person and that shall be, or alleged to be, directly or indirectly, caused by any acts done thereon or any errors or omissions of the Developer or its officers,directors, agents,servants, attorneys,employees or contractors, or that are in any way related to the design and construction of the Development. The Developer shall not be responsible for(and such indemnity shall not apply to) any acts, errors or omissions ultimately found to have been directly or indirectly caused by the Agency or the City, or their respective officers,directors,agents, servants,attorneys,employees or contractors. The Agency and the City shall not be responsible for any acts, errors or omissions of any person or entity except the Agency and the City and their respective officers, agents, servants, employees or contractors. The Developer's obligations under this Section 3.4.8 shall continue to apply past the expiration or termination of this Agreement. 3.4.9 Insurance. Prior to the commencement of construction of the Development, the Developer shall furnish or cause to be furnished to the Agency duplicate originals and WATalley Building7alleyDDA_0504.DOC -30- appropriate endorsements to the Developer's commercial general liability and automobile insurance { policies in the amounts set forth below,naming the Agency and the City as additional or co-insureds: (a) $1,000,000 for any one person; and (b) $3,000,000 for any one occurrence; and (c) $1,000,000 for any property damage. The policies shall be"occurrence,"not"claims made,"policies and shall be primary and non-contributing to any insurance that the Agency may elect to obtain. Such policies shall i h contain a full waiver of subrogation clause. The policies shall be issued by a carrier licensed to do business in California, with a then-current Best's rating of ANIH or better. Said policies shall ' I provide that they shall not be canceled or reduced in types of coverage or amount of coverage without at least thirty (30) days' prior written notice to the Agency and that such reduction or cancellation shall become effective until at least twenty(20)days after receipt by the Agency of the I written notice thereof. The policy amounts set forth above shall not limit or define the extent of the Developer's indemnity liability pursuant to Section 3.4.8 or any other provision of this Agreement,or arising as a matter of law or at equity. { The Developer shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Project carries workers' compensation insurance as required by law. The Developer shall also maintain,or cause its contractor to maintain,all-risk course I of construction insurance,insuring the Developer,the Agency and the City against all risk(including I w earthquake) of loss or damage to the Development. Except as provided in the Grant Deed, the I obligations set forth in this Section shall remain in effect until the final Certificate of Completion has { been issued for the Development. i 3.4.10 Governmental Permits and Compliance With Laws. Before I commencement of construction or development of any buildings, structures or other work of 3 improvement upon the Property, the Developer shall, at its own expense, secure or cause to be I secured any and all permits,entitlements,or other approvals that may be required by or from the City or any other governmental agency with jurisdiction over the Development. The Agency shall s provide reasonable non-financial assistance to the Developer in securing these permits or approvals. WATalley BuildinglTalleyDDA_0504.DOC -31- The Developer shall carry out the construction of the Development in conformity with all applicable laws, including all applicable federal and state labor and safety standards. 3.4.11 No Unlawful Discrimination. The Developer agrees that the Developer will not unlawfully discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, creed, national origin, or ancestry, and that the Developer will comply with all applicable local, state and federal fair employment laws and regulations. The Developer covenants and agrees that it will not unlawfully discriminate against or segregation of any person or group of persons on account of race,color,creed,religion, sex,marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Talley Parcel, nor shall the Developer itself, or any person claiming under or through it, establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection,location, number,use of occupancy of tenants, lessees, subtenants, sublessee or vendees of the Talley Parcel_ The foregoing covenants shall run with the land,be binding upon the Developer's transferee's, successors and assigns, and shall,to the extent provided by law, remain in effect in perpetuity. All deeds, leases or contracts relative to the Talley Parcel, or the improvements constructed thereon,shall contain or be subject to substantially the following nondiscrimination and non-segregation clauses,pursuant to California Health and Safety Code Section 33435 and 33436. 3.4.12 In deeds: The grantee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them,that there shall be no unlawful discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease,sublease,transfer,use,occupancy,tenure or enjoyment of the land herein conveyed,nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection, location,number,use or occupancy of tenants,lessees,subtenants,sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land in perpetuity. WATalley Building\TalleyDDA_0504.00C -32- { 3.4.13 In leases: The lessee herein covenants by and for himself, his heirs, i executors,administrators and assigns,and all persons claiming under or through him,and this lease is made and accepted upon the subject to the following conditions: That there shall be no unlawful I discrimination against or segregation of any person or group of persons,on account of rare, color, creed,religion,sex,marital status,national origin or ancestry,in the leasing,subleasing,transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him,establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection,location,number,use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land herein leased. i 3.4.14 In contracts: There shall be no unlawful discrimination against or I segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital { status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land,nor shall the transferee himself or any person claiming under or through him establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees subtenants, i sublessees or vendees of the land. Nothing in this Section 3.4.14 shall operate as a waiver of any legal defenses that the Developer may have for a breach of any covenant contained herein,or operate to impose additional burdens upon the Developer other than those imposed by current law. 3.4.15 Prohibition Against Transfer. Prior to the tenth (10th) anniversary of the recordation of the Grant Deed,the Developer may not,except as permitted by this Section 3.4.15 or Section 3.4.17,assign or attempt to assign this Agreement or any right or obligation herein,nor make any total or partial sale,transfer,conveyance or assignment of the Talley Parcel or the improvements t I on the Property,without prior written approval of the Agency,which may be given or withheld in the Agency's reasonable discretion. In determining whether to approve of such a partial sale,transfer, i conveyance or assignment of the Property or the*improvements on the Property the Agency shall f evaluate:(i)the financial ability of the proposed transferee to own and operate the Development and to meet the Developer's obligations under this Agreement; and(ii)the fitness and experience of the proposed transferee and its senior managerial personnel to own and operate the Development. { WATalley Building\TalleyDDA_0504.DOC -33- ' i I The foregoing prohibition shall not apply to Sections 3.4.15.1 or 3.4.15.2, provided the Developer shall first notify the Agency in writing of the proposed action. The actions to which this exception applies are: 3.4.15.1 The granting of dedications, easements or permits to facilitate the development of the Property; or 3.4.15.2 The assignment of all of the Developer's rights and obligations hereunder, or the sale,transfer or lease of the entirety of the Talley Parcel and any improvements thereon to an entity formed for the purpose of constructing and operating the Development, provided that the majority voting and ownership interest in such entity is held by Developer. Any such assignment, sale, transfer or conveyance pursuant to this Section 3.4.15.2 shall not relieve the Developer of liability for the timely and faithful performance of any assigned obligation, absent an express agreement between the Agency, the Developer and the third party transferee to the contrary. 3.4.16 Obligations Remain. No unpermitted sale, transfer, conveyance or assignment of all or any portion of this Agreement or any portion of the Talley Parcel shall be deemed to relieve the Developer or any other parry from any obligation under this Agreement,nor shall any such unpermitted sale,transfer,conveyance or assignment transfer any rights in the Talley Parcel or this Agreement. 3.4.17 Permitted Encumbrances. Section 3.4.15 notwithstanding,Developer shall not, at any time prior to the tenth (10'') anniversary of the Close of Escrow, grant or permit any mortgage, deed of trust, sale and leaseback or any other form of conveyance or encumbrance in WATalley Building\TalleyDOA_0504.DOC -34- connection with the financing and development of the Property (a "Lien") other than a Permitted I Encumbrance, as hereinafter defined. For purposes hereof,a"Permitted Encumbrance"is any Lien that secures financing: (i)provided to Developer by a nationally chartered bank or any finance subsidiary thereof, an a insurance company(or affiliate thereof)rated at least B+XIII by A.M.Best;(ii) providing sufficient funds to permit the construction and long term financing of the Development; (iii) collateralized by the Talley Parcel; (iv) with respect to which the Agency receives written notice prior to the recordation of any documentation recording such Lien;(v)with respect to which the lender agrees to give the Agency written notice concurrent with notice to Developer of any default under any of the i financing documents pertaining to such Lien and the right to cure such default within any cure period i afforded Developer by such lender or by law;and(vi)with respect to which the lender provides the j I Agency the right to purchase the lender's interest no less than three (3) days prior to the judicial or +� non-judicial foreclosure sale or transfer by deed in lieu. f Nothing in this Agreement shall be deemed to obligate the holder of any Permitted Encumbrance to construct the Development or to guarantee such construction. Nothing in this j Agreement shall be deemed to permit or authorize any such holder to develop the Property or construct improvements thereon except in strict compliance with this Agreement. Any right, title ; and interest in the Property(or any portion thereof)acquired by any means by any holder of a Lien, t or by such holder's assignees or successors, shall be subject to the terms and provisions of this Agreement and the Grant Deed. The word "Lien" means all customary modes of financing real estate acquisition, +$ construction and land development. I 3.4.18 Certificate of Completion. Upon the Developer's receipt of notification from the City's Building Department that the Developer has satisfactorily completed any and all { improvements required for the Development,the Developer shall be entitled to receive a Certificate I of Completion substantially in the form and substance as set forth in Exhibit E. Except as otherwise provided therein,the Certificate of Completion shall be a conclusive determination of satisfactory { completion by Developer of all of the obligations required to be completed under this Agreement for I the Development. A Certificate of Completion will not constitute: (i) evidence of compliance with WATalley Building7alleyDDA_0504.DOC -35- ,+ or satisfaction of any obligation of the Developer to any parry other than Agency, (ii)evidence of compliance with or satisfaction of any obligation of the Developerto any holder of mortgage or any insurer of a mortgage,or(iii) a notice of completion as referred to in California Civil Code Section 3093. 3.4.19 Covenants Running With the Land. 3.4.19.1 Use Covenant. The Developer covenants and agrees for itself, its assigns and all voluntary and involuntary successors in interest to the Talley Parcel or any part thereof, that for the life of the Redevelopment Plan, the Talley Parcel shall be put to no use other than those uses specified in the City's General Plan and zoning ordinances,the Grant Deed and this Agreement, as such documents may be amended from time to time. 3.4.19.2 Opening and Operation Covenant. Developer covenants and agrees that the Developer will construct and open the Development as required by this Agreement and,until the thirtieth(30th)anniversary of the earlier of. (i)the Close of Escrow,or(ii)the issuance of a Certificates of Completion,will continuously operate the Development,unless properly assigned or transferred pursuant to Section 3.4.15, in which case, this covenant shall bind the assignee/transferee for the full term hereof. The Developer will not be deemed to be in breach of this Section 4.5.19.2 should Developer temporarily cease to operate the Development for the following reasons: (i) general repair and/or maintenance,the construction of improvements, and the installation of utilities; (ii) acts of enforced delay as defined in Section 5.4 due to wear, insurrection, labor disputes, lockouts, third party litigation, acts of a public enemy or governmental authority; and (iii) the restoration and rebuilding of the Development, as more particularly described in Section 3.4.19.4, following casualty loss due to floods, earthquakes, fires, other acts of God or third parties. W:1Talley BuiltlinglTalleyDDA_O5t)4.DOC -36- 3.4.19.3 Maintenance Covenant. The Developer covenants and agrees that the Developer shall maintain,or cause to be maintained,the interior and exterior appearances of all portions of the Property in a good condition,ordinary wear and tear excepted. The maintenance covenant of this Section 3.4.19.3 shall remain in effect for then same period of time as the operating 1 covenant set forth in Section 3.4.19.2. { s 3.4.19.4 Rebuilding Covenant. The Developer covenants and agrees that following the damage,destruction and/or demolition of the Property and/or Development by an p act of God or casualty,including,but not limited to,fire,floods and earthquakes,the Developer will I promptly restore and rebuild the Property and/or Development (as applicable)in substantially the same form as required by this Agreement, subject to such modifications as Agency and Developer j 1 may agree upon. The covenants of this Section 3.4.19.4 shall remain in effect for the same period of time as the operating covenant set forth in Section 3.4.19.2. 3.4.19.4.1 No Conveyance to Tax Exempt Entity. The 1 Developer covenants and agrees for itself, its assigns and all voluntary and involuntary successors in ! interest to the Talley Parcel or any part thereof,that the Talley Parcel or any portion thereof may not be used,or otherwise sold,transferred,conveyed,assigned,leased,leased back,or hypothecated to or for any use that is partially or wholly exempt from the payment of real property taxes or which would cause the exemption of all or any portion of such real property taxes. 3.4.19.4.2 No Property Tax Contest. The Developer covenants and agrees for itself, its successors, its assigns and all voluntary and involuntary successors in I interest to the Talley Parcel or any part thereof, that, for any period that the Agency is allocated property taxes pursuant to Health and Safety Code Section 33670 or successor statute,the Developer I shall not contest the assessed valuation of the Talley Parcel or any part thereof,as established by the Los Angeles County Assessors Office. 3.4.19.5 Enforcement of Covenants. The covenants set forth in 1 Sections 3.4.19.1 through 3.4.19.4 and Section 3.4.11 to 3.4.14 touch and concern the Property,and WATalley BuildingUalleyODA_0504.DOC -37- I every part thereof,and constitute covenants running with the Property and every part thereof for the full term set forth therein.- These covenants may be enforced by the Agency or the City (as an intended third party beneficiary),regardless of whether the Agency or the City currently or continue to own an interest in any property within the Project Area. The Developer irrevocably stipulates and agrees that breach of any of the covenants set forth in Section 3.4.19.1 through 3.4.19.4 and Section 3.4.11 to 3.4.14 will result in great and irreparable damage to the Agency and the City, will violate the public policy and the purposes of the CRL, and will result in damages to the Agency and the City that are either impracticable or extremely difficult to quantify. Accordingly,upon the breach of any covenant set forth in Sections 3.4.19.1 through 3.4.19.4 and Section 3.4.11 to 3.4.14,the Agency may institute an action for injunctive relief and/or for damages attributable to such breach. The covenants set forth in Sections 3.4.19.1 through 3.4.19.4 and Section 3.4.11 to 3.4.14 constitute obligations of the owner of the Talley Parcel or any portion thereof. Neither the Developer nor any voluntary or involuntary successor in interest shall have any liability under this Agreement for the breach of any of the covenants described above, if such breach occurs at any time following the Developer's or successor's cessation or ownership of the Talley Parcel. ARTICLE 4. DAMAGES AND REMEDIES 4.1 Civil Code Section 1542 Waiver. This Agreement provides,in some instances,for limitations on damages and for sole and exclusive remedies in lieu of certain other remedies that would otherwise be available to the parties for the uncured breach of an obligation under this Agreement. The Agency and the Developer acknowledge and agree that such limitations are material consideration for their entry into this Agreement and,in the absence of such limitations,neither the Agency nor the Developer would have entered into this Agreement. As to those breaches of obligations that are subject to the above-described limitations,the Agency and the Developer hereby waive, to the maximum legal extent, any and all other claims, remedies and cause of action for damages, liabilities, losses or injuries, whether known or unknown, foreseeable or unforeseeable. Both the Agency and the Developer are aware of California Civil Code Section 1542, which provides: WATalley Bui1ding\Ta11eyDDA_0504.DOC -38- "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." r 4.2 Rights and Remedies Not Exclusive. Unless prohibited by law or otherwise provided by a specific term of this Agreement, the rights and remedies of the Agency and the Developer under this Agreement are nonexclusive, and all remedies hereunder may be exercised individually or cumulatively. In addition to those remedies expressly granted herein,the Parties shall also have the right to seek all other available legal and equitable remedies, including, without implied limitation, general and consequential damages,unless otherwise expressly provided to the f contrary herein. i { 4.3 Notice and Opportunity to Cure. If either party to this Agreement believes that the other party has failed to perform any obligation of that party in accordance with the terms of this , Agreement,the party alleging the default shall provide written notice("Default Notice")to the other party,setting forth the nature of the alleged default. The party claimed to be in default shall have:(i) with respect to a default involving the payment of money,ten(10)days after its receipt of the Default Notice to completely cure such default, and(ii)with respect to any other type of default, sixty(60) days from the receipt of the Default Notice to completely cure such default or,if such default cannot reasonably be cured within such sixty(60)day period,to commence the cure of such default within { the sixty (60) day period and diligently prosecute the cure to completion thereafter. If the party alleged to be in default fails to cure, or commence to cure (if applicable), as provided in the preceding paragraph, the party alleging the default may exercise such rights and remedies as provided for in this Agreement. 4.4 Remedies for Breach Prior to Close of Escrow. 4.4.1 Developer's Breach. If the Developer breaches any obligation hereunder that is to be performed prior to the Close of Escrow,and fails to cure such breach as provided in Section i 4.3, the following are the Agency's sole and exclusive remedies: 1 I W:STalley Building\TalleyDDA_0504.DOC -39- 4.4.1.1 The Agency may terminate this Agreement and the Escrow without cost, expense or liability to the Agency; and 4.4.1.2 The Agency may obtain the amount set forth below as liquidated damages. THE AGENCY AND THE DEVELOPER STIPULATE THAT THE AGENCY WILL SUFFER DAMAGES IF ESCROW FAILS TO CLOSE DUE TO THE UNCURED MATERIAL DEFAULT OF THE DEVELOPER AND THAT SUCH DAMAGES WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO QUANTIFY. IF ESCROW FAILS TO CLOSE DUE TO THE DEVELOPER'S DEFAULT, AND THE AGENCY ELECTS TO TERMINATE THIS AGREEMENT PURSUANT TO THIS SECTION 4.4.1, THE AGENCY AND THE DEVELOPER AGREE THAT THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000) IS A REASONABLE ESTIMATION OF THE DAMAGES THAT THE AGENCY WILL SUFFER. UPON THE AGENCY'S ELECTION TO TERMINATE THIS AGREEMENT AS PROVIDED ABOVE, THE AGENCY SHALL RECEIVE FROM THE DEVELOPER THE SUM OF TWENTY FIVE THOUSAND DOLLARS($25,000)AS LIQUIDATED DAMAGES AND AS ITS SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT. THE FOREGOING IS NOT A PENALTY, BUT CONSTITUTES LIQUIDATED DAMAGES TO THE AGENCY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671 AND 1677. Agency's Initials Developer's Initials 4.4.2 Agency's Breach. If the Agency breaches any obligation hereunder that is to be performed prior to the Close of Escrow,and fails to cure such breach as provided in Section 4.3, the following are the Developer's sole and exclusive remedies: 4.4.2.1 The Developer may terminate this Agreement and the Escrow without cost, expense or liability and obtain the amount set forth below as liquidated damages; or WATalley BuildinglTalleyDDA_0504DOC -40- a 4.4.2.2 The Developer may institute an action for specific performance of the terms of this Agreement as to the conveyance of the title to the Talley Parcel. THE AGENCY AND THE DEVELOPER STIPULATE THAT THE DEVELOPER WILL SUFFER DAMAGES IF ESCROW FAILS TO CLOSE DUE TO THE UNCURED MATERIAL DEFAULT OF THE AGENCY AND THAT SUCH DAMAGES WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO QUANTIFY. IF ESCROW FAILS TO CLOSE DUE TO THE AGENCY'S DEFAULT,AND THE DEVELOPER ELECTS TO TERMINATE THIS AGREEMENT PURSUANT TO THIS SECTION 4.4.2,THE AGENCY AND THE DEVELOPER AGREE THAT THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS($25,000)IS A REASONABLE ESTIMATION OF THE DAMAGES THAT THE DEVELOPER WILL SUFFER. UPON THE DEVELOPER'S ELECTION TO TERMINATE I THIS AGREEMENT AS PROVIDED ABOVE, THE DEVELOPER SHALL RECEIVE FROM THE AGENCY THE SUM OF TWENTY FIVE THOUSAND DOLLARS($25,000)AS ' LIQUIDATED DAMAGES AND AS ITS SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT. THE FOREGOING IS NOT A PENALTY,BUT CONSTITUTES LIQUIDATED j DAMAGES TO THE DEVELOPER PURSUANT TO CALIFORNIA CIVIL CODE i SECTION 1671. Agency's Initials Developer's Initials 4.5 Power of Termination. 4.5.1 The Chant Deed shall reserve to the Agency a power of termination in the Talley Parcel, as such powers as described in California Civil Code Section 885.010, et M. Notwithstanding anything else in this Agreement, to the contrary (inclusive of Section 4.3), the Agency shall, upon sixty(60) days written notice to the Developer,have the right,at its option and i due to any cause set forth in this Section 4.5,to terminate the estate in the Talley Parcel granted to the Developer and take possession of the Talley Parcel and all improvements thereon, and to revest in the Agency the estate in the Talley Parcel conveyed to the Developer and to vest title to all { WATalley Bui1ding\Ta11eyDDA_0504.D0C i improvements constructed thereon, if after conveyance of title and prior to the recordation of the Certificate of Completion, the Developer (or its successors in interest) shall: (i) Fail to obtain a final certificate of occupancy (as provided by City's Municipal Code)for the shell and core improvements of the Development by the date set forth therefor in the Schedule of Performance; or (ii) Abandon or substantially suspend, or allow the abandonment or substantial suspension,of construction of all or any portion of the Development for sixty (60) days after written notice of such abandonment or suspension from the Agency; or (iii) Assign or attempt to assign this Agreement, or any rights or obligations herein, or transfer, or suffer any involuntary transfer,of the Talley Parcel or any part thereof, in violation of this Agreement,and such violation shall not have been cured within sixty(60)days after of written notice thereof from the Agency; or (iv) Fail to cure within sixty(60)days after occurrence any default with respect to any financing secured by a deed of trust,mortgage or other security interest in the Talley Parcel or any portion thereof. The sixty (60) day written notice specified in this Section 4.5 shall specify that the Agency proposes to take action pursuant to this Section 4.5 and shall specify which of the Developer's obligations set forth in subsections 4.5.1(i)through 4.5.1(iv)have been breached. The Agency may proceed with the remedy set forth herein only if the Developer does not cure such default within sixty(60) days following such notice. 4.5.2 The right of the Agency to reenter,repossess,terminate,vest and revest shall be subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit any mortgage,deed of trust or other security interest required for any reasonable method of financing the construction of improvements on the Talley Parcel and any other expenditures necessary to appropriately develop the Property under this Agreement(provided that the Agency has consented to WATalley Building7alleyDDA_0504.DOC -42- such financing pursuant to Section 3.4.15) or any rights or interests provided in this Agreement for the protection of the holders of any such mortgage, deed of trust or other security interest. Any grant deed to the Talley Parcel or any portion thereof conveyed or leased by the Developer to another party shall contain appropriate references and provisions to give effect to the Agency's rights as set forth in this Section 4.5. 4.5.3 Upon the Agency's exercise of its rights and powers as provided in this 1 Section 4.5,the Developer or its successors shall convey by warranty deed to the Agency title to the Talley Parcel and all improvements thereon in accordance with Civil Code Section 1109,as hereafter amended or substituted. Such conveyance shall be duly acknowledged by the Developer in a manner suitable for recordation. The Agency may enforce its rights pursuant to this Section 4.5 by means of an injunctive relief or forfeiture of title action filed in any court of competent jurisdiction. 4.5.4 Upon the revesting in the Agency of title to the Talley Parcel by grant deed or court decree,the Agency shall use its reasonable good faith efforts to resell the Talley Parcel at fair market value as soon and in such manner as the Agency shall find feasible and consistent with the objectives of the Community Redevelopment Law and of the Redevelopment Plan,to a qualified and ! responsible party or parties (as reasonably determined by the Agency) who will assume the Developer's obligation to begin and/or complete and/or operate the Development, or such other replacement project acceptable to the Agency in its sole and absolute discretion,in accordance with this Agreement and the Redevelopment Plan. Upon such resale of the Talley Parcel (or any portion thereof),the proceeds thereof shall be applied as follows: I (i) First,to pay any and all amounts required to release/reconvey any Permitted Encumbrance; and (ii) Second, to reimburse the Agency on its own behalf or on behalf of the City for all actual internal and third party costs and expenses previously or currently incurred by the Agency and the City related to the Talley Parcel or l the Development, including, but not limited to, customary and reasonable fees or salaries to third party personnel engaged in such actions,in connection with the recapture, management and resale of the Talley Parcel or any part r WATalley BuildingkTalleyDDA_0504.DOC -43- thereof; all taxes, assessments and utility charges paid by the City and/or the Agency with respect to the Talley Parcel or portion thereof, any payment made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred by the Developer or the Agency or the City with respect to the making or completion of the Development or any part thereof upon the Talley Parcel; and amounts otherwise owing to the Agency by the Developer or its successors in interest to the Talley Parcel or any part thereof pursuant to the terms hereof, and (iii) Third,to the extent that any and all funds that are proceeds from such resale are thereafter available, taking into account any prior encumbrances with a claim thereto,to reimburse the Developer,or its successors in interest to the Talley Parcel or any part thereof, equal to the third party costs actually incurred and paid by the Developer for the Development of the Property, including,but not limited to,costs of carry,taxes,and other items as set forth in the Developer's cost statement, which shall be subject to the Agency's reasonable approval; provided, however, that the Developer shall not be entitled to reimbursement for any expenses to the extent that such expenses relate to any liens or other encumbrances that are paid by the Agency pursuant to the provisions of subsections (i) or (ii) above. Any portion of the resale proceeds remaining after the foregoing applications shall be retained by the Agency as its sole and its exclusive property. 4.5.5 IMMEDIATELY FOLLOWING THE SIXTY (60) DAY PERIOD SPECIFIED ABOVE, THE AGENCY, ITS EMPLOYEES AND AGENTS SHALL HAVE THE RIGHT TO REENTER AND TAKE POSSESSION OF ALL OR ANY PORTION OF THE TALLEY PARCEL AND ITS IMPROVEMENTS WITHOUT PRIOR NOTICE OR COMPENSATION TO THE DEVELOPER. BY ITS INITIALS BELOW, THE DEVELOPER HEREBY EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ANY AND ALL WATalley BuildinglTalleyDDA-0504.DOC -44- RIGHTS THAT IT MAY HAVE UNDER CIVIL CODE SECTION 791 AND CODE OF CIVIL PROCEDURE SECTION 1162,AS THOSE STATUTES ARE AMENDED OR SUBSTITUTED, OR UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. DEVELOPER'S INITIALS i I THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE AGENCY'S EXERCISE OF ITS POWER OF TERMINATION AND RIGHT OF REENTRY PURSUANT TO THIS SECTION 4.5 SHALL WORK A FORFEITURE OF THE ESTATE IN THE TALLEY PARCEL CONVEYED TO THE DEVELOPER HEREUNDER. THE DEVELOPER HEREBY EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ANY AND ALL EQUITABLE { AND LEGAL DEFENSES THAT IT MAY HAVE TO SUCH FORFEITURE,INCLUDING,BUT NOT LIMITED TO, THE DEFENSES OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR COMPENSABLE DAMAGES. THE DEVELOPER FURTHER EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ALL RIGHTS AND DEFENSES THAT IT MAY HAVE UNDER CIVIL CODE SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT. i THE DEVELOPER ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN ADJUSTED TO REFLECT THE POSSIBILITY OF FORFEITURE HEREUNDER AND FURTHER ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT AND ADEQUATE CONSIDERATION FOR ITS WAIVER AND RELINQUISHMENT OF RIGHTS AND REMEDIES. i t DEVELOPER'S INITIALS I { The Agency's remedies under this Section 4.5 and its remedies under the Grant Deed are not mutually exclusive and the Agency may elect to enforce any or all of them. W:\Talley Building\TalleyDDA_0504.DOC -45- ! ARTICLE 5. GENERAL TERMS 5.1 Notices and Demands. All notices or other communications required or permitted between the Agency and the Developer under this Agreement shall be in writing, and may be (i) personally delivered, (ii) sent by United States registered or certified mail,postage prepaid,return receipt requested, (iii) sent by telecopier/facsimile, or(iv) sent by nationally recognized overnight courier service (e.g., Federal Express), addressed to parties at the addresses provided in Article 1, subject to the right of either parry to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by telecopier or courier service(e.g., Federal Express), shall be deemed given upon receipt of the same by the parry to whom the notice is given. 5.2 Nontiability of Agency or City Officials and Employees. No board member, official,contractor,consultant,attorney or employee of the Agency or City shall be personally liable to the Developer,any voluntary or involuntary successors or assignees,or any lender or other party holding an interest in the Talley Parcel, in the event of any default or breach by the Agency, or for any amount that may become due to the Developer or to its successors or assignees, or on any obligations arising under this Agreement. 53 Conflict of Interests. No board member,official,contractor,consultant,attorney or employee of the Agency or City shall have any personal interest,direct or indirect,in this Agreement nor shall any such board member, official or employee participate in any decision relating to this Agreement that affects his/her personal interests or the interests of any corporation,partnership or association in that he/she is directly or indirectly interested. 5.4 Time Deadlines Critical; Extensions and Delays; No Excuse Due to Economic Changes. Time is of the essence in the performance of the Agency's and Developer's obligations under this Agreement. In addition to specific provisions of this Agreement,providing for extensions of time,times for performance hereunder shall be extended where delays or defaults are due to war; W:\Talley Bui1ding\Ta11eyDDA_0504.D0C -46- insurrection;the failure or delay in obtaining the necessary interest in the Talley Parcel to complete any obligation hereunder,any form of labor dispute;lockouts; riots;floods;earthquakes;fires;acts of God or of third parties; third party litigation; acts of a public enemy; acts of governmental authorities; epidemics; quarantine restrictions; and freight embargoes (collectively, "Enforced 3 Delays")provided,however,that the Party claiming the extension notify the other Party of the nature of the matter causing the default; and,provided further,that the extension of time shall be only for the period of the Enforced Delays. { The foregoing notwithstanding,Developer expressly agrees that adverse changes in economic conditions, either of Developer specifically or the economy generally, or changes in market ' conditions or demands, shall not operate to excuse or delay the performance of each and every of Developer's obligations and covenants arising under this Agreement. Developer expressly assumes the sole risk of such adverse economic or market changes or conditions,whether foreseeable or not i at the time of Developer's entry into this Agreement. Without limiting the generality of the ' 1 foregoing,deadlines for performance may not be extended as provided above due to any inability of j the Developer to obtain or maintain financing for the construction and/or operation of the Project. i 5.5 Attorneys' Fees. In the event of the bringing of an arbitration, action or suit by a Party hereto against another Party hereunder by reason of any breach of any of the covenants or agreements or any intentional inaccuracies in any of the representations and warranties on the part of the other Party arising out of this Agreement or any other dispute between the Parties concerning this Agreement or the Property, then, in which event, the prevailing party in such action or dispute, whether by final judgment or arbitration award,shall be entitled to have and recover of and from the other Party all costs and expenses of suitor claim,including actual attorneys'fees. Any judgment, j order or award entered in any final judgment or award shall contain a specific provision providing for the recovery of all costs and expenses of suit or claim, including actual attorneys' fees (collectively,the "Costs")incurred in enforcing,perfecting and executing such judgment or award. { For the purposes of this Section 5.5, Costs shall include,without implied limitation,attorneys' and experts' fees, costs and expenses incurred in the following: (i)post judgment motions and appeals, (ii) contempt proceedings, (iii) garnishment, levy and debtor and third party examination; (iv) i J i WATalley Building\TalleyDDA_0504.DOC -47- +i� discovery; and (v) bankruptcy litigation. This Section 5.5 shall survive any termination of this Agreement. 5.6 Submission of Documents and Other Actions for Approval. Except where such approval is expressly reserved to the sole discretion of the approving party, all approvals required hereunder by either party shall not be unreasonably withheld or delayed. 5.7 Amendments to This Agreement. The Developer and the Agency agree to consider reasonable requests for amendments to this Agreement that may be made by any of the Parties hereto, lending institutions, bond counsel or financial consultants. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of both the Agency and the Developer. The Agency's Executive Director or designee is authorized on behalf of the Agency to approve any documents relating to the implementation of this Agreement, including, without limitation,Additional Instructions,the Grant Deed,any minor amendments to this Agreement,or the granting of extensions of time to the Developer_ 5.8 Jurisdiction and Venue. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California state court in the County of Los Angeles, California. Each party hereto irrevocably consents to the personal jurisdiction of that court. The Agency and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing,removal,or change of venue to any other court or jurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the Agency and the Developer,due to the fact that either the City or the Agency is a party to such action or proceeding or due to the fact that a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing,the Developer and the Agency specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Developer acknowledges that the provisions of this Section 5.8 are material consideration to the Agency for its entry into this Agreement,in that the Agency will avoid the potential cost, expense and inconvenience of litigating in a distant forum. WATalley Building7alleyDDA_0504.DOC -48- S 5.9 Interpretation. The Agency and the Developer acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and that each party has been represented I by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction that provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the Parties. 5.10 Counterpart Originals;Integration. This Agreement maybe executed in duplicate originals,each of which is deemed to be an original,but when taken together shall constitute but one and the same instrument. This Agreement, and its Exhibits, which are attached hereto and incorporated by reference herein,represent the entire understanding of the parties and supersedes all negotiations, letters of intent, memoranda of understanding or previous agreements between the parties with respect to all or any part of the subject matter hereof. 5.11 No Waiver. Failure to insist on any one occasion upon strict compliance with any of j the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or { condition,nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 5.12 Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns. Except as provided by Section 3.4.15.2,upon the permitted sale,transfer or conveyance by an owner ; of the Talley Parcel of its interest therein in accordance with Section 3.4.15, such owner shall thereupon be relieved of its obligations under this Agreement from and after the date of sale,transfer f or conveyance except with respect to any defaults in the performance of its obligations hereunder { that occurred prior to such sale,transfer or conveyance,and the transferee shall thereafter be solely Ji WATalley Building\TalleyDDA_0504.DOC -49- S I responsible for the performance of all of the duties and obligations of Developer under this Agreement. 5.13 No Third Party Beneficiaries. The performance of the Agency's and the Developer's respective obligations under this Agreement are not intended to benefit any party other than the Agency or the Developer, except as expressly provided otherwise herein. No person or entity not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement,except as expressly provided otherwise herein. 5.14 No Effect on Eminent Domain Authority. Nothing in this Agreement shall be deemed to limit,modify, or abridge or affect in any manner whatsoever the Agency's and the City's eminent domain powers with respect to any portion of the Property,the Development,or any other property owned by the Developer. 5.15 Survival of Representations and Warranties. The representations and warranties of the Parties set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow and shall not be deemed merged into the Grant Deed upon its recordation. 5.16 Real Estate Commissions. The Agency and Developer each represent that it has not engaged any broker, agent or finder in connection with this Agreement. Neither Parry shall be responsible, either directly or indirectly, for any broker's, agent's or finder's fees. Each Party shall indemnify, defend and hold the other Party and their officials, officers, employees and agents harmless for any actual or alleged claims, suits, damages or losses arising from the indemnifying Party's breach of the foregoing provision. 5.17 Tax Consequences. The Developer acknowledges that it may experience tax consequences as a result of its receipt of the benefits provided for in and related to this Agreement and agrees that it shall bear, at its sole cost and expense, any and all responsibility, liability, costs, and expenses connected in any way therewith. WATalley Building\TalleyDDA_0504.DOC -50- i { SIGNATURE PAGE TO I DISPOSITION AND DEVELOPMENT AGREEMENT 1 THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a California public agency t i f By: ++I i Executive Director ATTEST: i i Agency Secretary i { A APPROVED AS TO LEGAL FORM: BEST BEST&KRIEGER LLP A i i By: j Agency Counsel t i 7 t i i WATalley Building\TalleyDDA_0504.DOC -51- t i MaY • 6. 20o4 2: 14PM No , 9451 P • 2 SIGNATURE PAGE TO DISPOSITION AND DEVELOPMENT AGREEMENT 621 Talley LLC a California Limited Liability Company By: Its: ��///ff GSR•i By: Its: 15l Amended and restated Disposition and Development Agreement Dated May 6, 2004 52 STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER: COUNTY OF LOS ANGELES ) l Individual(s) Corpomte Officer(s) Partner(s) On 2004, before me, the )Attorney-in-Fact undersigned notary public, personally appeared Robert i Trustee(s) Person,personally known to me OR proved to me on the Subscribing Witness basis of satisfactory evidence to be the person whose name is Guardian/Conservator � subscribed to the within instrument and acknowledged to me SIGNER Is REPRESENTING: that he executed the same in his authorized capacity,and that NAME of PERSON(S)OR ENrrrr(IES) by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I I Signature of Notary Public I i i 1 s 1 1 , RVPUB\JSB\671577.1 . DRAFT 4/23/04 D-53 i STATE OF CALIFORNIA ) CAPACFFY CLAIMED BY SIGNER COUNTY OF LOS ANGELES ) 1Individual(s) Corporate Officers) 1 Partner(s) On 2004, before me, the )Attorney-in-Fact undersigned notary public, personally appeared 1 Trustees) (Subscnbing Witness Guardian/Conservator 1 personally known to me OR 1 proved to me on the basis of 1 Omer satisfactory evidence to be the person(s)whose name(s)is/are SIGNER IS REPRESENTING: subscribed to the within instrument and acknowledged to me NAME OF PERSON(S)OR ENrffY(IES) that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public RV PUB\JSB\677.,577.1 DRAFT 4/23/04 D-54 i i STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER: + COUNTY OF LOS ANGELES ) l InCorp to Officers) Partner(s) On 2004, before me, the 1 Attorney-in-Fact undersigned notary public, personally appeared 1 Tmstee(s) Subscribing Witness i Guardian/Consmator personally known to me OR 1 proved to me on the basis of i Other satisfactory evidence to be the person(s)whose name(s)is/are SIGNER IS REPRESENTING: subscribed to the within instrument and acknowledged to me NVM of PERSON(S)OR ENTrrY(IES) that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS my hand and official seal. Signature of Notary Public 1 r I ) s 1 i RVPUB\J0\671577.1 DRAFT 4/23/04 D-55 i EXHIBIT A TO DISPOSITION AND DEVELOPMENT AGREEMENT Legal Descriptions Breezway Parcel The land referred to herein is situated in the County of Los Angeles, Stats of California, and is described as follows: - Lot 41, in Block 37 of Azusa Tract as recorded in the Miscellaneous Records, Book 15, Page 93 through 96. Talley Parcel The land referred to herein is situated in the County of Los Angeles, State of California, and is described as follows: Lots 42 and 43,in Block 37 of Azusa Tract as recorded in the Miscellaneous Records,Book 15, Page 93 through 96. RVPUB\JSB\671577.1 DRAFT 4/23/04 D-56 x EXHIBIT B TO DISPOSITION AND DEVELOPMENT AGREEMENT Scope of Development The scope of development consist of: 1. The rehabilitation of the existing Talley building by Developer to include approximately j x3,'32square feet of groundfloor:retail with restauranand five loft apartrnents on the second a d thirdffloors. Apartments will range between 845 square feet and 1,297 square feet in size. The third floor will be recessed to the rear so as not to disturb the western view of the east fagade. Key features of the rehabilitation are the maintenance of the existing design of the east facade, and the design and use of materials for the windows and doors as specified by the Azusa Cultural and Historic Landmark Commission. 1 2. The demolition_of the p sting sbto ftue on the Breezeway P� azcellbyiDe_v_elopes I i i 7 j{ 1 i i 1 1 i i RVPUB\JSB\6M77.1 DRAFr 4/23/04 D-57 { 1 EXHIBIT C TO DISPOSITION AND DEVELOPMENT AGREEMENT Schedule of Performance Note: Days assumes business days and excluding holidays Task Date Agency Approval of Agreement October 20,2003 (effective date) Opening of Escrow October 27,2003 Agency to Provide Preliminary Title Report December 10,2003 Beginning of Environmental Review Period April 19,2004 Developer to Provide Developer's Title Notice May 6,2004 Agency to Provide"Documents and December 10,2003 Materials" Submission by Developer of Precise Plan of October 21,2003 Design Approval of Precise Plan of Design(PPD) December 10,2003 Agency to Make Election regarding title issues February 9,2004 Developer to Make Election regarding title February 18,2004 issues End of Environmental Review Period May 6,2004 Developer submits construction documents, February 9,2004 preliminary and final,grading,paving and landscaping plans and ancillary documents City Approval/Disapproval construction April 6,2004 documents,preliminary and final,grading, paving and landscaping plans and ancillary documents Developer corrects construction documents, May 20,2004 preliminary and final,grading,paving and landscaping plans and ancillary documents Developer begins construction June 14,2004 Developer to Provide Notice of Intent to March 24,2004 Waive Title Issues or Permit Agency 30 days to clear title issues Payments and Submittals provided to Escrow May 24,2004 Holder Close of Escrow May 26,2004 Obtain Certificate of Completion March 1,2005 O a'fwalcertificate of occupancyMgNW.jTMffc5 2,L20041! RVPUB\JSB\671577.1 DRAFT 4/23/04 D-58 i EXHIBIT D TO DISPOSITION AND DEVELOPMENT AGREEMENT Grant Deed [attached following this page] i fIf I ft 1 t 1 i I i I i t i , i i 1 i i I t i A RVPUB\JSB\67is77.1 DRAFT 4/23/04 D-59 Illi f RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 621 Talley LLC 280 S. Beverly Drive,Penthouse Beverly Hills, California, 90212-3906 MAIL TAX STATEMENTS TO: 621 Talley LLC 280 S. Beverly Drive, Penthouse Beverly Hills, California, 90212-3906 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,apublic body,corporate and politic,of the State of California,herein called"Grantor,"acting to carry out the Redevelopment Plan for the Redevelopment Agency of the City of Azusa ("City") Merged Central Business District/West End Project Area ('Project Area") (which plan is hereinafter referred to as the "Redevelopment Plan")under the Community Redevelopment Law of California,hereby grants to: 621 Talley LLC, a California Limited Liability Company as "Grantee," the real property(hereinafter referred to as the 'Property"), described as: See attached Exhibit "1" attached hereto and incorporated by reference herein ("Property") Excepting therefrom: [***INSERT ANY OTHER TITLE EXCEPTIONS***] And further: 1. The Property is conveyed subject to the Redevelopment Plan and pursuant to a Disposition and Development Agreement(the "Agreement')entered into by and between Grantor, and the Grantee dated as of November 11, 2003, which Agreement is incorporated herein by reference. The Agreement is a public record and a copy of the Agreement is available for public inspection and copying at the office of the Grantor,213 E.Foothill Blvd.,Azusa,California 91702- 1295. The Property is conveyed further subject to all easements, rights-of-way, covenants, conditions,restrictions, exceptions pursuant to the Agreement,reservations and all other matters of RVPUB\JSB\67i577a DRAFr 4/23/04 D-60 record. All initial capitalized terms used,but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. 2. The Grantee covenants and agrees for itself, its assigns and all voluntary and involuntary successors in interest to the Property or .any part thereof, that for the life of the Redevelopment Plan,the Property shall be put to no use other than those uses specified in the City's General Plan and zoning ordinances, this Grant Deed and the Agreement, as the same may be amended from time to time. Nothing in this Section 2 shall limit,expand,modify or otherwise affect I� any right of the Grantee to continue any legal nonconforming use upon the Property following ! changes in the City's General Plan or zoning ordinances. y 3. Grantee covenants and agrees that the Grantee will construct and open the Development as required by this Agreement and,until the thirtieth(30th)anniversary of the earlier of. (i) the Close of Escrow, or (ii) the issuance of a Certificates of Completion, will continuously operate the Development, unless properly assigned or transferred pursuant to Section 3.4.15, in which case, this covenant shall bind the assignee/transferee for the full term hereof. ] The Grantee will not be deemed to be in breach of this Section 3 should Grantee temporarily cease to operate the Development for the following reasons: (i) general repair and/or maintenance,the construction of improvements, and the installation of utilities; (ii) acts of enforced delay as defined in Section 5.4 of the Agreement due to wear, insurrection, labor disputes, lockouts,third party litigation, acts of a public enemy or governmental authority; and (iii) the restoration and rebuilding of the Development, as more particularly described in Section 3.4.19.4 of the Agreement, following casualty loss due to floods,earthquakes,fires,other acts of God or third parties. 4. The Grantee covenants and agrees that except as otherwise provided herein the Grantee shall maintain, or cause to be maintained, the interior and exterior appearances of all + portions of the Property in a good condition, ordinary wear and tear excepted. The maintenance j covenant of this Section 4 shall remain in effect for the same period of time as the Operating ; Covenants set forth in Section 3 of this Deed. 5. The Grantee covenants and agrees that following the damage, destruction and/or demolition of the Property and/or Development by an act of God or casualty, including, but not limited to,fire, floods and earthquakes, the Grantee will promptly restore and rebuild the Property and/or Development(as applicable) in substantially the same form as required by the Agreement, subject to such modifications as Grantor and Grantee may agree upon. The covenants of this i Section 5 shall remain in effect for the same period of time as the Operating Covenants set forth in Section 3 of this Deed. 1 f RVPUB\JSB\6715771 DRAFT 4/23/04 D-61 1 5 5.1 The Grantee covenants and agrees for itself, its assigns and all voluntary and involuntary successors in interest to the Property or any part thereof,that the Property or any portion thereof may not be used,or otherwise sold,transferred,conveyed,assigned, leased,leased back,or hypothecated to or for any use that is partially or wholly exempt from the payment of real property taxes or which would cause the exemption of all or any portion of such real property taxes. 5.2 The Grantee covenants and agrees for itself,its successors,its assigns and all voluntary and involuntary successors in interest to the Property or any part thereof, that, for any period that the Grantor is allocated property taxes pursuant to Health and Safety Code Section 33670 or successor statute,the Grantee shall not contest the assessed valuation of the Property or any part thereof, as established by the Los Angeles County Assessors Office. The covenants set forth in this Deed touch and concern the Property,and every part thereof, and constitute covenants running with the Property and every part thereof These covenants may be enforced by the Grantor or the City of Azusa(as an intended third party beneficiary),regardless of whether the Grantor or the City currently or continue to own an interest in any property within the Project Area. The Grantee irrevocably stipulates and agrees that breach of any of the covenants set forth in Section 8, 16, 17 or Sections 2 through 5 will result in great and irreparable damage to the Grantor and the City, will violate the public policy and the purposes of the CRL, and will result in damages to Grantor and the City that are either impracticable or extremely difficult to quantify. Accordingly, upon the breach of any covenant set forth in any such Section(s),Grantor may institute an action for injunctive relief and/or for damages attributable to such breach. The covenants set forth in Sections 2 through 5 constitute obligations of the owner of the Property or any portion thereof. Neither the Grantee nor any voluntary or involuntary successor in interest shall have any liability under this Grant Deed for the breach of any of the covenants described above,if such breach occurs at any time following the Grantee's or successor's cessation or ownership of the Property. 6. Prior to the tenth(10`h)anniversary of the recordation of this Grant Deed,the Grantee shall not, except as permitted by the Agreement, sell, transfer, convey,assign or lease the whole or any part of the Property without the prior written approval of the Grantor(other than as expressly permitted in the Agreement). 7. This Section 7 reserves to the Grantor a power of termination in the Property,as such powers as described in California Civil Code Section 885.010,et see . Notwithstanding anything else in this Deed or the Agreement to the contrary (inclusive of Section 4.3), the Grantor shall, upon ninety(90) days written notice to the Grantee,have the right, at its option and due to any cause set forth in this Section 7, to terminate the estate in the Property granted to the Grantee and take possession of the Property and all improvements thereon,and to revest in the Grantor the estate in the Property conveyed to the Grantee and to vest title to all improvements constructed thereon, if after conveyance of title and prior to the recordation of the Certificate of Completion for the Development, the Grantee (or its successors in interest) shall: RVPUB\JSB\67157/.1 DRAFT 4/23/04 D-62 (i) Fail to obtain a certificate of occupancy (as provided by City's Municipal Code) for the shell and core improvements of the Development by the date set forth in the Schedule of Performance attached to the Agreement; or (ii) Abandon or substantially suspend, or allow the abandonment or substantial suspension,of construction of all or any portion ofthe Development for thirty (30) days after written notice of such abandonment or suspension from the I Grantor; or i i (iii) Assign or attempt to assign the Agreement, or any rights or obligations herein, or transfer, or suffer any involuntary transfer,of the Property or any part thereof, in violation of the Agreement,and such violation shall not have been cured within thirty (30) days after of written notice thereof from the f Grantor; or + i (iv) Fail to cure within thirty (30)days after occurrence any default with respect + to any financing secured by a deed of trust,mortgage or other security interest in the Property or any portion thereof. The sixty (60) day written notice specified in this Section 7 shall specify that the Grantor proposes to take action pursuant to this Section 7 and shall specify which of the Grantee's obligations set forth in subsections (i)through(iv)have been breached. The Grantor may proceed with the remedy set forth herein only if the Grantee does not cure such default within ninety (90) days following such notice. i' 7.1 The right of the Grantor to reenter,repossess,terminate,vest and revest shall be subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit any mortgage,deed of trust or other security interest required for any reasonable method of financing the construction of improvements on the Property and any other expenditures necessary to appropriately develop the Property under the Agreement (provided that the Grantor has consented to such financing pursuant to Section 3.4.15 of the Agreement) or any rights or interests provided in the Agreement for the protection of the holders of any such mortgage, deed of trust or other security interest. 1 Any deed to the Property or any portion thereof conveyed or leased by the Grantee to j another party shall contain appropriate references and provisions to give effect to the Grantor's rights as set forth in this Section 7 of the Agreement. 7.2 Upon the Grantor's exercise of its rights and powers as provided in this Section 7 of the Agreement, the Grantee or its successors shall convey by warranty deed to the Grantor title to the Property and all improvements thereon in accordance with Civil Code Section 1109, as hereafter amended or substituted. Such conveyance shall be duly acknowledged by the i Grantee in a manner suitable for recordation. The Grantor may enforce its rights pursuant to this Section 7 by means of an injunctive relief or forfeiture of title action filed in any court of competent 4 jurisdiction. 1 RVPUB\.TSB\671577.1 DRAFT 4/23/04 D-63 IZ i 7.3 Upon the revesting in the Grantor of title to the Property by grant deed or court decree, the Grantor shall use its reasonable good faith efforts to resell the Property at fair market value as soon and in such manner as the Grantor shall find feasible and consistent with the objectives of the Community Redevelopment Law and of the Redevelopment Plan, to a qualified and responsible party or parties(as reasonably determined by the Grantor)who will assume the Grantee's obligation to begin and/or complete and/or operate the Development, or such other replacement project acceptable to the Grantor in its sole and absolute discretion, in accordance with this Agreement and the Redevelopment Plan. Upon such resale of the Property(or any portion thereof), the proceeds thereof shall be applied as follows: (i) First,to pay any and all amounts required to release/reconvey any Permitted Encumbrance; and (ii) Second,to reimburse the Grantor on its own behalf or on behalf of the City for all actual internal and third party costs and expenses previously or currently incurred by the Grantor and the City related to the Property or the Development,including,but not limited to,customary and reasonable fees or salaries to third party personnel engaged in such actions, in connection with the recapture,management and resale of the Property or any part thereof;all taxes, assessments and utility charges paid by the City and/or the Grantor with respect to the Property or portion thereof; any payment made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred by the Grantee or the Grantor or the City with respect to the making or completion of the Development or any part thereof upon the Property; and amounts otherwise owing to the Grantor by the Grantee or its successors in interest to the Property or any part thereof pursuant to the terms hereof; and (iii) Third,to the extent that any and all funds that are proceeds from such resale are thereafter available, taking into account any prior encumbrances with a claim thereto, to reimburse the Grantee, or its successors in interest to the Property or any part thereof, equal to the third party costs actually incurred and paid by the assignee for the Development of the Property including,but not limited to, costs of carry, ,axes, and other items as set forth in the Grantee's cost statement, which shall be subject to the Grantor's reasonable approval; provided, however, that the Grantee shall not be entitled to reimbursement for any expenses to the extent that such expenses relate to any liens or other encumbrances that are paid by the Grantor pursuant to the provisions of subsections (i) or(ii) above. Any portion of the resale proceeds remaining after the foregoing applications shall be retained by the Grantor as its sole and its exclusive property. RVPUB\JSB\67i577.i DRAFT 4/23/04 D-64 f 7.4 IMMEDIATELY FOLLOWING THE SIXTY (60) DAY PERIOD SPECIFIED ABOVE, THE GRANTOR,ITS EMPLOYEES AND AGENTS SHALL HAVE THE RIGHT TO REENTER AND TAKE POSSESSION OF ALL OR ANY PORTION OF THE PROPERTY AND ITS IMPROVEMENTS WITHOUT PRIOR NOTICE OR COMPENSATION i TO THE GRANTEE. BY ITS INITIALS BELOW, THE GRANTEE HEREBY EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ANY AND ALL RIGHTS THAT IT MAY HAVE UNDER CIVIL CODE SECTION 791 AND CODE OF CIVIL PROCEDURE SECTION 1162,AS THOSE STATUTES ARE AMENDED OR SUBSTITUTED,OR UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. f GRANTEE'S INITIALS j THE GRANTEE ACKNOWLEDGES AND AGREES THAT THE GRANTOR'S EXERCISE OF ITS POWER OF TERMINATION AND RIGHT OF REENTRY PURSUANT TO THIS SECTION OF THE AGREEMENT SHALL WORK A FORFEITURE OF THE ESTATE IN THE PROPERTY CONVEYED TO THE GRANTEE HEREUNDER THE GRANTEE HEREBY EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ANY AND ALL EQUITABLE AND LEGAL DEFENSES THAT IT MAY HAVE TO SUCH FORFEITURE,INCLUDING,BUT NOT LIMITED TO, THE DEFENSES OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR COMPENSABLE DAMAGES. THE GRANTEE FURTHER EXPRESSLY WAIVES TO THE MAXIMUM LEGAL EXTENT ALL RIGHTS AND DEFENSES THAT IT MAY HAVE UNDER CIVIL CODE SECTION 3275 OR ANY OTHER STATUTE OR COMMON { LAW PRINCIPLE OF SIMILAR EFFECT. THE GRANTEE ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN ADJUSTED TO REFLECT THE POSSIBILITY OF FORFEITURE HEREUNDER AND FURTHER ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT AND ADEQUATE ; CONSIDERATION FOR ITS WAIVER AND RELINQUISHMENT OF RIGHTS AND REMEDIES. GRANTEE'S INITIALS 8. The Grantee agrees that the Grantee will not unlawfully discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, creed, national origin, or ancestry, and that the Grantee will comply with all applicable local, state and federal fair employment laws and regulations. The Grantee covenants and agrees that it will not unlawfully discriminate against or segregation of any person or group of persons on account of race,color,creed,religion,sex,marital 3 status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or I enjoyment of the Property,nor shall the Grantee itself,or any person claiming under or through it, establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property. The foregoing covenants shall run with the land,be binding upon the Grantee's transferee's, successors and assigns, and shall remain in effect in perpetuity. RVPUB\JSB\671577.1 DRAFr 4/23/04 D-65 i f All deeds, leases or contracts relative to the Property, or the improvements constructed thereon, shall contain or be subject to substantially the following nondiscrimination and non- segregation clauses,pursuant to California Health and Safety Code Section 33435 and 33436. A. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no unlawful discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease,sublease,transfer,use,occupancy,tenure or enjoyment of the land herein conveyed,nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection, location,number,use or occupancy of tenants,lessees,subtenants,sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." B. In leases: "The lessee herein covenants by and for himself, his heirs, executors,administrators and assigns,and all persons claiming under or through him,and this lease is made and accepted upon the subject to the following conditions: That there shall be no unlawful discrimination against or segregation of any person or group of persons, on account of race, color, creed,religion,sex,marital status,national origin or ancestry,in the leasing,subleasing,transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him,establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection,location,number,use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land herein leased." C. In contracts: "There shall be no unlawful discrimination against or segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land,nor shall the transferee himself or any person claiming under or through him establish or permit any such practice or practices of unlawful discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." Nothing in this Section 8 shall operate as a waiver of any legal defenses that the Grantee may have for a breach of any covenant contained herein, or operate to impose additional burdens upon the Grantee other than those imposed by current law. 9. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage,deed of trust or other financing or security instrument expressly permitted by the Agreement; provided, however, that any successor of Grantee to the Property or parcels thereof shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions,whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. RVPUB\JSB\671577.i DRAFT 4/23/04 D-66 10. All covenants contained in this Grant Deed shall run with the land and shall be binding upon the Grantee and for the benefit of the Grantor its successors and assigns and such covenants shall run in favor of the Grantor and for the entire period during which such covenants shall be in force and effect,without regard to whether the Grantor is or remains an owner of any land 1 or interest therein to which such covenants relate. The Grantor, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies provided herein or otherwise available,and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor and its successors and assigns. 11. The covenants contained in this Grand Deed,without regard to technical classification or designation, shall not be deemed to benefit or be enforceable by any person, firm or corporation, public or private, except Grantor and the City of Azusa and their successors and assigns. 12. In the event of any express conflict between this Grant Deed and the Agreement,the provisions of this Grant Deed shall control. 13. Grantee, its successors and assigns and all persons claiming under or through it (including,without limitation,all lessees)hereby covenants that the Property conveyed in this Deed is to be developed compatible with the Redevelopment Plan and that is approved by the Grantor. Grantee further covenants to commence and complete construction of the entirety of the Development on or before the date specified in the Agreement. Should Grantee fail to commence and complete construction by such date, the Grantor may exercise the rights under the Power of Termination in Section 7 of this Deed. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed this day of 200_. [Signatures on following pages] i 1 RVPUB\JSB\67577.1 DRAFT 4/23/04 D-67 I GRANTOR: Dated: THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA a California public agency By: Executive Director ATTEST: City Clerk APPROVED AS TO LEGAL FORM BEST BEST & KRIEGER LLP Agency Counsel RVPUB\JSB\67i577.i DRAFr 4/23/04 D-68 May . G . 2094 2 14PM No . 9457 P . I i f GRANTFF: Dated: S' -o,( 621 'Palley LLC a California Limited Liability Company By: -- Its: `�A�✓9�� By: Its: j r 1 i f { i • 1 I f r i i i in Amended and instated Disposition and Development Agreement Dated May 6, 2004 AVPLTB\JSB\671577.i UkAA9'4/23/04 D-10 EXHIBIT "1" LEGAL DESCRIPTION TO GRANT DEED LEGAL DESCRIPTION OF PROPERTY Lots 42 and 43, in Block 37 of Azusa Tract as recorded in the Miscellaneous Records, Book 15, Page 93 through 96. RVPUB\JSB\677577.1 DRAFr 4/23/04 D-70 i STATE OF CALIFORNIA ) CAPACITY CLAIMED BY SIGNER: ) COUNTY OF RIVERSIDE ) 1Individual(s)RIVERSIDE Corporate- Officer(s) Partner(s) On 2004, before me, the Abomey-in-Fac undersigned notary public, personally appeared 1T—t*s) Subscribing Witness 1 personally known to me OR 1 proved to me on the basis of Guardian/Conservaror i 1 other satisfactory evidence to be the person(s)whose name(s)is/are SIGNER IS REPRESENTING: subscribed to the within instrument and acknowledged to me NAME of PERSON(s)OR 6NnrY(l6s) i that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. { 1 Signature of Notary Public i i I { i i RVPUB\JSB\671577.r DRAFT 4/23/04 D-71 EXHIBIT E TO DISPOSITION AND DEVELOPMENT AGREEMENT Certificate of Completion [attached behind this page] Exhibit E RVPUB\JSB\67i577.1 DRAFC 4/23/04 RECORDING REQUESTED BY: The Redevelopment Agency of the City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-1295 s Attn: City Manager i WHEN RECORDED MAIL TO: i 621 Talley LLC 280 S. Beverly Drive, Penthouse Beverly Hills, California, 90212-3906 { I Exempt from Recording Fee per Government Code §27383 i (Space above fm Recorder's Use) ! CERTIFICATE OF COMPLETION I I, �,Executive Director of The Redevelopment Agency of the City of 1 Azusa("Agency"), certify as follows: By its Resolution No. r],adopted and approved( ), the Agency resolved as follows: Section 1. The improvements("Development")required to be constructed in accordance with that certain Disposition and Development Agreement ("Agreement") dated as of , 200 between the Agency and 621 Talley LLC ("Grantee") on that certain real property ("Property") described on the attached Exhibit 1 have been completed in accordance with the provisions of the Agreement. The Agreement was recorded on 1 1, as Instrument No. I Section 2. Pursuant to Section 3.4.18 of the Agreement,this Certificate of Completion is a conclusive determination of the satisfactory completion of the Grantee's obligations under the Agreement with respect to the completion of the Development, including all buildings and all parking,landscaping and related improvements necessary to support that Phase of the Development and its use and occupancy upon the Property;provided, however,that the Agency may enforce any covenants and obligations surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement. The Agreement is an official record of the Agency and a copy of the Agreement may be inspected in the office of the Secretary of the Agency,located at 213 E. Foothill ! Blvd.,Azusa, CA 91702-1295, during regular business hours. RVPUB\JSB\671577.1 DRAFT 4/23/04 E-1 DATED AND ISSUED this day of Executive Director ATTEST: Agency Secretary RVPUB\JSB\67i577.i DRAFT 4/23/04 E-2 EXHIBIT 1 TO CERTIFICATE OF COMPLETION Property Legal Description Lots 42 and 43, in Block 37 of Azusa Tract as recorded in the Miscellaneous Records, Book 15, Page 93 through 96. I i 3 1� 3 1 i RVPUB\JSB\67i577.i DRAFT 4/23/04 E-3 1 U � r k k y AGENCY CONSENT ITEM I TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: URIEL E. MACIAS, REDEVELOPMENT AGENCY TREASURER � DATE: MAY 17, 2004 SUBJECT: CITY OF AZUSA REDEVELOPMENT AGENCY TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF APRIL 2004 I RECOMMENDATION J It is recommended that the Board Members receive and file the Agency Treasurer's Statement of Cash Balances for the Azusa Redevelopment Agency for the month of April 2004. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Azusa Redevelopment Agency for the month of April 2004. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 03-R36 dated October 6, 2003, and Government Code Section 53601. t In April, Redevelopment Agency cash and investment balances increased by $490,614.60. f Cash received during the month totaled $490,614.60. No disbursements or reimbursement payments to the City were made. The City advanced $98,885.73 to the Agency in April. I The Redevelopment Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $8,993,043.56, Wells Fargo Bank, the fiscal agent, held $1,573,564.29 on behalf of the Agency. These funds are restrictedfor payment of debt service on the bonds. The remaining $7,419,479.27 was available for Agency operating, debt service, and restricted expenses. FISCAL IMPACT j The balance of cash and investments and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements for at least the next six I months. +� Prepared by: Roseanna J.Jara, Sr.Acct.-Redevelopment i UEM :RIJ/cs 1 CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES APRIL 2004 Beginning Cash Balance $8,502,428.96 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 490,614.60 Disbursements 0.00 Ending Cash Balance $8,993,043.56 (All Restricted and Unrestricted Accounts & Investments) Urie Mac s, Agency Treasurer CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS APRIL 2004 Maximum Deposits Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No limit $6,342.89 FDIC up to$100,000.00 Ongoing 0.000% $6,342.89 >$100,000 collalerized by 110%in govn't securities Securities-Federal Home Loan Note No Limit 3,000,000,00 Backed by faith&credit of Federal Home Loan Bank(FHLB) 8/26/08;2/27/09 4.200% 3,021,260.00 Local Agency Investment Fund(LAIF) $20,000,000.00 4,413,136.38 Backed by faith&credit of the State of California Ongoing 1.474% 4,416,466.65 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $7,419,479.27 $7,444,069.54 Interest Collections: $14,922.01 CASH AND INVESTMENTS HELD BY FISCAL AGENT WELLS FARGO BANKS,FISCAL AGENTS 1997 Merged Project Tax Allocation Bonds 1997A Special Fund Wells Fargo Treasury Plus/MMkt No limit 17.56 N/A Ongoing 0.520% 17.56 1997A Reserve Account Wells Fargo Treasury Plus/MMkt No limit 13,377.70 N/A Ongoing 0.520% 13,377.70 Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement Ongoing 5.750% 467,642.50 1997 Merged Project Tax Allocation Bonds Subtotal: $481,037.76 $481,037.76 Interest Collections: $6.20 2003 Merged Prosect Tax Allocation Bonds 2003A Special Fund Cash No limit $0.00 FDIC up to$100,000.00 Ongoing 0.000% 0.00 >$100,000 collalerized by 110%in govn't securities 2003A Cost of Issuance Fund AIM Gov't Portfolio No limit 3,294.73 Investments in direct obligations of the U.S.Treasury Ongoing 0.659% 3,294.73 CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS APRIL 2004 Maximum Deposits Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value 2003A Escrow Fund, 1994 TAB's Cash No limit 0.02 FDIC up to$100,000.00 0.02 >$100,000 collaterized by 110%in govn't securities 2003A Reserve Account AIM Gov't Portfolio No limit 4,039.19 Investments in direct obligations of the U.S.Treasury Ongoing 0.657% 4,039.19 AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 07/29/23 4.780% 1,085,192.59 2003 Merged Project Tax Allocation Bonds Subtotal: $1,092,526.53 $1,092,526.53 Interest Collections: $4.19 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $1,573,564.29 $1,573,564.29 Total -Azusa Redevelopment Agency Cash and Investments: $8,993,043.56 $9,017,633.83 Total Interest Collections: $14,932.40 Source of Market Value Information: Wells Fargo Corporate Trust,Trustee Local Agency Investment Fund(LAIF) Wells Fargo Institutional Securities Tax Allocation Bond Data is based on Trustee-generated Statements;bond funds listed herein are restricted for payment of debt service and governed by strict regulations described in the Trust Indentures. - r Irl aaza n g S 0 Cd w O C w ? f7 cn � mm m > o xy yT IIIVVV Cil o m m C2 y brn-1 vim, uw, H u H u o .O+ 7 CHA yyy rx_ ddggdr� w z d d z d 0O4a0O yc � to En En 7y d o n� x t7 d x n < w `� C w ,- 9;o d w ��] f� (� nC] c o m mtri N � r o m 00 � oaf 8000 y Sow y m K y y b E bkylt. O A `A 7� ro7� '7•� coo � �d a ' � � < z z v � � �' � � � N � � � O n n n n ? s b Wo d nn y n O o yy p O m y n n y Y z hhy++ o m C y K -1 cn a H N Q O O a t" K7 '�7oil Q p a d ti D C7 �j % y w tri �y 0 y OO z tii � ttriJJ y� G] Iri M H Z w CL w w a b y lkyn� fZ] � > 0 rr b � a N z A'OU 7 7W p N N_ Q� � y• � O rn w p00 00 O y O Q� 7 O 7 N O • ❑ n, m O a rJ O W (In ry A • STING By City of Azusa HP 9000 05/13/04 O P JLrHloc BI- I --job:I309576 #fJ1847--- : QI4 Oo1134> -rxt id: �TTR02 MAY 13, 2004, 1:39 FM --req: ISE------leg: CL SE[FX'I' FUND Cbci-s: 80-82 ; (31, FUstirxd Dates: 070103-063004 Check Issue Dates: 041904-043004 PE ID PE Bare ACCCANT N 4M / JCB NU4M hmice Nuxr D`scriptiOn St Disc. Art. Dist. Pmt. V01305 AaJSA = FED C 8000000)00-3035 2610/0401009 PR#9/04 FD 0.00 62.50 P= did: 0.00 Faid: 62.50 'Iota].: 62.50 V00355 AZ PALL AC 8000000000-3005 PR0904 Tis Pbl/Wi PD 0.00 651.69 V00355 AZCISA PAYRDLL AC 8000000000-3003 PR0904 Tis Payable FD 0.00 388.48 FI V00355 AaM PAIL AC 8000000000-3001 PR0904 Tis Fb r FD 0.00 2,054.55 pF� Cyd: 0.00 Paid: 3,094.72 Total: 31094.72 V05804 BEST BEST & 1= 8010125000-7115/509800-7115 455790 2/04 Ta F0P4 SE PD 0.00 2,730.00 PEED d: 0.00 Paid: 2,730.00 Total: 2,730.00 V04912 CPIpIIA = ASSU 8000000000-2725 1220/0401009 PR#9/04 FD 0.00 51.93 PEID d: 0 51.93 Total: 51.93 V04623 DENIAL HFALTII SV 8000000000-3052 0405023233 ADJ APR'04 GRP#1 PD 0.00 139.94 PEID Uhmi d: 139.94 Total: 139.94 V05574 IF<CSQ MyjVTA]N 8010110000-6493 L886248LB86256 L886248-L886256 PD 0.00 102.80 FEyd: 0 m C .00 . Paid: 102.80 . Total: 102.80 V95334 JCSM4 & ASSOC, 8010125000-6345/506000-6345 A1107 3/04 Ca M FEFIAB PD 0.00 1,292.00 V95334 JCSEPH & AS93C, 8110155000-6345/ E 505302-6345 A1107 3/04 H3 IN PR7 PD 0.00 4,930.00 V95334 J�i-I & ASS3C, 8110155000-6345/505302-6345 A1107 3/04 CDB3 Ma\rR PD 0.00 3,298.00 ;a. STING By (qty of MY 13, 2004, 1:39 Fm --i-eq:O5 /�------leg: GNL JL,-10c BI-T�SI-I---job:I309576 #J1847---prog: CH400<1134> -report id: CHMIR02 SEIEX.T FUgD axis: 80-82 ; GL Posting Dates: 070103-063004 Check Issue Dates: 041904-043004 PE ID PE Name ACJaVI' NU43ER / JOS NUVEER Invoice Nimber D:sc=pticn St Disc. Pmt. Dist. Pnt. PEID �1d: 0.00 Paid: 9,520.00 Total: 9,520.00 V03126 LIIjXV =CNAL 8000000000-3010 2325/0401009 PR#9/04 PD 0.00 176.53 PFS 0.00 d: 176.53 'Ibtal: 176.53 V00540 OMCF, LSK7I' INC 8010110000-6530 239116515001 #0419672: HP 056 PD 0.00 39.21 PEID UTMtd: 0.00 d: 39.21 Total: 39.21 V06703 FMFCMvA FRINITN 8010110000-6601/504800-6601 0660001407 PRL RPRT'03 MU PD 0.00 5,795.10 PEID 0.00 d: 5,795.10 Total: 5,795.10 V00353 PUBLIC IIMpLOYEES 8000000000-2728 04043 DNPPLYR&II PLYFE C PD 0.00 1,476.60 PEIDCyd: 0.00 Paid: 1,476.60 Total: 1,476.60 V01899 sIVLEY PEST CCN 8010125000-6815/650201-6815 480679 3/04 PEST SVC-61 PD 0.00 45.00 V01899 SPPIuEY PEST CCN 8010125000-6815/505700-6815 487218 3/04 PEST SVC-63 PD 0.00 55.00 V01899 SLUIIM PEST CCN 8010125000-6815/505700-6815 487219 3/04 PEST SVC-62 PD 0.00 95.00 PEIDUva1 d: 0.00 Paid: 195.00 Total: 195.00 V06783 SIP.TE SR= BAN 8000000000-3010 2315/0401009 PR#9/04 PD 0.00 196.38 PMD Uipai Paid: 196.38 Total: 196.38 Ci of Azusa HP 9000 05/13/04 O P E N H 0 L D D B L I S T I N G By Pers�i/Entity Nzm p� 3 `IIAT, MW 13, 2004, 1:39 FM --x�: FZSE------leg: GL JL--loc: BI-Tr7�-I---jcb: 309576 #01847---pxo3: CE400 <1 id:id: CI3FZTR02 SE= FUU Cbdes: 80-82 ; GL Posting Rtes: 070103-063004 Check Issue Dates: 041904-043004 PE ID PE Name ACJM P NMER / JCB NCDEM Invoice Number I-scriptiori St Disc. Pmt.. Dist. Pmt, V04909 UNLm LIFE INSLFA 8000000000-3044 1255/0401009 FR#9/04 PD 0.00 144.02 PEIDPaid 144.02 Total: 144.02 V00388 VERIZ24 (GIE� 8010110000-6915 032804 626-197-5078 MT FD 0.00 33.69 V00388 VFRI7CN GIE 8010110000-6915 022804V 626-197-5078 FD 0.00 34.71 PEID UTf9d: 0.00 Paid: 68.40 Total: 68.40 V00876 wkcjjjN= nnA 8000000000-3010 2335/0401009 FR49/04 PD 00.00 266.73 PEID Paid: 266.73 Total: 266.73 GRAND TOTAL I��d: 0.00 Paid: 24,059.86 Total: 24,059.86