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HomeMy WebLinkAboutAgenda Packet - August 21, 2006 - CCAGENDA .CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA CITY COUNCIL DIANE M. CHAGNON MAYOR DAVID O. HARDISON COUNCILMEMBER KEITH HANKS COUNCILMEMBER NOTICE TO THE PUBLIC MONDAY, August 21, 2006 6:30 P.M. IOSEPH R. ROCHA MAYOR PRO -TEM ANGEL CARRILLO COUNCILMEMBER Copies ofstaffreports or other written documentation relating to each item ofbusiness referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. 6:30 P.M. MEETING CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: EXECUTIVE PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Sec. 54957) Title: City Manager REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Address: 303 Fast Foothill Boulevard, Azusa, CA 91702 (Zerbe) Negotiating Parties: Mr. Robert Zerbe Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 100 East Foothill Blvd, Azusa, (Wimpey's) Negotiating Parties: Mr. Wayne Fletcher and Mr. Jim Yenyo Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 7:30 P.M. REGULAR MEETING CALL TO ORDER PLEDGE TO THE FLAG INVOCATION - Pastor Samuel Martinez of Christian Faith Center of the Valley. ROLL CALL A. PUBLIC PARTICIPATION (PersoWGroup shall be allowed to speak without interruption up to rive (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be hand/ed after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL C. SCHEDULED ITEMS PUBLIC HEARING - to consider the adoption of a resolution finding the City to be in conformance with the Los Angeles County Congestion Management Program (CMP) and adopting the CMP Local Development Report. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. Waive further reading and adopt Resolution No. 06-C 70, finding the City to be in conformance with los Angles County Congestion Management Plan (CMP) and adopting the CMP Local Development Report. 08/21/06 PAGE TWO D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECLU CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 7, 2006. RECOMMENDED ACTION: Approve Minutes as written. 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. PURCHASE OF SEVEN 2007 FORD POLICE INTERCEPTOR VEHICLES FROM CLIPPINGER FORD IN AN AMOUNT NOT TO EXCEED $170,118.95 COMPETITIVE BIDDING ALREADY COMPLETED PER SECTION 2-523(E) AMC. RECOMMENDED ACTION: Approve the purchase of the vehicles from Clippinger Ford in Covina, in an amount not to exceed $170,118.95, and approve the purchase of the vehicles based on a competitive bid process completed by the Los Angeles County Sheriff Department Contract where they ordered 350 Ford Interceptor vehicles, Order #31080234. 4. NOTICE OF COMPLETION FOR THE ATHLETIC FIELD IMPROVEMENT AT ZACATECAS PARK COMPLETED BY TRUGREEN LANDCARE. RECOMMENDED ACTION: Authorize the filing of a Notice of Completion for the athletic field improvements at Zacatecas Park as completed by TruGreen Landcare. The final cost for the construction was $108,630. 5. COST SHARING AGREEMENT WITH CALTRANS FOR ELECTRICAL AND MAINTENANCE COSTS FOR TRAFFIC SIGNALS AT SPECIFIC INTERSECTIONS. RECOMMENDED ACTION: Adopt Resolution No. 06-C71, approving the agreement for "Cost Sharing of Facilities on State Highways in the City" and authorize the City Manager to execute the agreement with Caltrans. 6. PURCHASE OF PRIMARY UNDERGROUND COPPER CABLE. RECOMMENDED ACTION: Approve the issuance of a purchase order in an amount not to exceed $478,552 to Hughes of Santa Fe Springs, CA for the purchase of 12,000 circuit fee of 500 KCMIL Primary Copper Cable, and a separate purchase order to Wesco Distribution of Santa Fe Springs, CA in an amount not to exceed $135,401, for the purchase of 6,400 circuit feet of #4/0 19 Standard Primary Copper Cable. PRO ECT. RECOMMENDED ACTION: Adopt Resolution No.r 6=C72, Supporting the City of Duarte's Encanto Nature Walk Trail Project. j\ J 8. CONTRACT FOR CONSULTANT ENGINEERING SERVICES: RECOMMENDED ACTION: Authorize the City Manager to enter into an agreement with Quantum Consulting, Inc. for consultant engineering services. 08/21/06 PAGE THREE 9. NOVELL SOFTWARE MAINTENANCE AND LICENSING. RECOMMENDED ACTION: Approve the annual software maintenance and licensing agreement in the amount of $16,641.01 to PC Mall GOV. IO.WARRANTS. Resolution author ACTION: Adopt Resolution No. CONVENE AS THE REDEVELOPMENT E. AGENCY CONSENT CALENDAR of warrants by the City. RECOMMENDED The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF AUGUST 7, 2006. ACTION: Approve Minutes as written. 2. PURCHASE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 303 E. FOOTHILL BOULEVARD (ZERBE PROPERTY). RECOMMENDED ACTION: Approve the Purchase Agreement for the acquisition of the property, located at 303 E. Foothill Blvd. 3. WARRANTS. Two Resolution authorizing payment of warrants by the Agency. ACTION: Adopt Resolution No. 06-R30 and 06-R31. F. ORDINANCES/SPECIAL RESOLUTIONS 1. AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE TO ADD ARTICLE XVI REGARDING FLOODPLAIN MANAGEMENT REGULATIONS. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 06-08. URGENCY ORDINANCE FOR PURCHASE OF TRANSFORMERS AND PRIMARY COPPER CABLE AND ORDINANCE REGARDING AMENDMENTS TO THE CITY'S PURCHASING ORDINANCE REGARDING INFORMAL BID LIMITS FOR PUBLIC PROTECTS, SUBSEQUENT CONTRACT AWARDS FOR PROFESSIONAL SERVICES AND PURCHASE OF TRANSFORMERS AND PRIMARY COPPER CABLE. RECOMMENDED ACTION: Waive further reading and adopt Urgency Ordinance No. 06-09, amending section 2-518 of Article Vll of Chapter 2 of the Azusa Municipal Code regarding purchase of transformer equipment and primary copper cable; and waive further reading and introduce proposed ordinance amending Chapter 2 of the Azusa Municipal Code regarding informal bid limits for public projects, subsequent contract awards for professional services and purchase of transformer equipment and primary copper cable. 08/21/06 PAGE FOUR G. ADIOURNMENi Adjourn. UPCOMING MEETINGS: August 21, 2006, City Council Meeting - 6:30 p.m. September 5, 2006, City Council Meeting - 6:30 p.m. September 18, 2006, City Council Meeting - 6:30 p.m. September 25, 2006, Utility Board Meeting - 6:30 p.m. October 2, 2006, City Council Meeting - 6:30 p.m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting please contact the City Clerk at 626-812-5219. Notification three (3) worldngdays prior to the meeting when specialservices are needed will assiststaffin assuring that reasonable arrangements can he made to provide access to the meeting 08/21/06 PAGE FIVE INFORMATION ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER/�i�✓.� DATE: AUGUST 21, 2006 SUBJECT: AZUSA LAND PARTNERS (ALP) DIRT HAUL ROADWAY IMPACTS RECOMMENDATION It is recommended that the City Council receive and file this report. BACKGROUND At the August 7, 2006 City Council meeting staff was directed to report back to the City Council on the potential impacts that ALP dirt haul project may have on the City's roadways. Staff has reviewed the City's fee program and the municipal code to determine how best the City might protect itself from damage to the City's roadways due to the prospect of 12,000 dump trucks using City streets to carry the dirt. During the last emergency haul permit operation the City collected $13,000 in fees from ALP for the haul permit in -order to allow them to haul 40,000 cubic yards of dirt. Staff is estimating that if ALP hauls 130,000 cubic yards of dirt under the new haul permit the fees will amount to approximately $42,250 or $3,250 per 10,000 cubic yards of dirt. Staff plans to vigilantly monitor the haul route for any signs of deterioration due to the dirt haul project and document the condition of the streets before, during and after the project. Staff monitored the streets during the emergency dirt haul permit in June and did not observe any deteriora ion. Staff has also contacted a consulting engineering firm that could for $20-25,004do an evaluation of the haul route before and after the project by using core samples and other methods could determine the extent of any damage that may occur to the City's streets. Staff will be including the in the dirt haul permit a condition that ALP is responsible for any damage done to city streets that exceeds the City's collected permit fees for the operation. FISCAL IMPACT There is no fiscal impact as a result of this item. G-1 AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER, t DATE: AUGUST 21, 2006 SUBJECT: ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT RECOMMENDATION: Staff recommends that the City Council adopt the 2006 Local Development Report and self - certification resolution. BACKGROUND The Congestion Management Program (CMP) was mandated as a result of a voter -approved initiative (Proposition 1 1 1) in 1990 and establishes requirements for every city in Los Angeles County. The CMP requires all cities and counties to adopt measures designed to reduce traffic congestion in the region. The state legislature requires the MTA to annually monitor local jurisdictions and determine that they are in compliance with the CMP. A self -certification process has been established by the MTA to simplify the process for both the local jurisdictions and the MTA. In June of 1994, the City's Planning Division began tracking development projects pursuant to the CMP Deficiency Plan process. The MTA had implemented a system of debits and credits that assign point values to development projects (debits) and congestion relief/transportation improvement measures (credits). The purpose of this system was to make local governments aware of, and responsible for, the traffic congestion and air quality consequences of their land use decisions. Local governments were required to balance their debit and credit points on an annual basis. Failure to comply with the CMP requirements could result in the loss of the City's Section 2105 gas tax money — approximately $377,737. Since the inception of the CMP, the City has been able to maintain a positive credit balance. The balance was arrived at by subtracting the mitigation goal (debit points for new construction) from the sum of the current year credit claims and adjustments and last year's credit carryover (credit points). Credit points were received when a city implemented a transportation improvement or mitigation project from the CMP "Toolbox of Strategies" such as the construction of the San Gabriel Canyon Road median improvements, the City website CMP LDR 2006 August 21, 2006 Page 2 of 2 and the City's transit fare subsidy program. In August 2003, the MTA Board adopted the 2003 Short Range Transportation Plan. As one of the elements of this plan, the Board directed MTA staff to conduct a Nexus Study to determine the feasibility of implementing a countywide impact fee to meet CMP Deficiency Plan requirements. While this study is underway, the CMP Countywide Deficiency Plan requirement for maintaining a positive credit balance is suspended. As a result, cities do not have to report their transportation improvement strategies for the 2006 cycle (credits). However, cities must still continue to report their new net development activity (debits) just as in prior years. Although cities are required to report any net development activity, neither the debits accrued from the development activity nor any credits earned will be allocated to the cities. All current 2003 credit/debit balances for the cities will be temporarily frozen. Attached is a copy of the City's 2006 Local Development Report (LDR) for the reporting period of June 1, 2005 to May 31, 2006. This report documents the number of residential dwelling units constructed, the square footage of commercial/industrial construction (New Development Activity) and any demolition that occurred in the City (New Development Adjustments). With the approval of the report and the accompanying Resolution, City will be in compliance with the Congestion Management Program requirements of the MTA. FISCAL IMPACT: Compliance with the Congestion Management Program requirements of the MTA will insure that the City will continue receiving its gas tax money without penalties. ATTACHMENTS: Resolution 2006 CMP Local Development Report RESOLUTION NO. A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September 1 of each year; and WHEREAS, the City Council held a noticed public hearing on August 21, 2006. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. By June 15, of odd -numbered years, the City will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System chapter. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its'responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. ADOPTED this 215` day of August, 2006. DIANE CHAGNON, MAYOR 1 HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21' day of August. 2006, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk APPROVED AS TO FORM: City Attorney CITY OF AZUSA Date Prepared: July 25, 2006 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 Contact: Susan Cole Phone Number: 626-812-5226 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling Units Single,Family Residential 11.00 Multi -Family Residential 3.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY 1,000 Net Sq.Ft.2 Commercial (less than 300,000 sq.ft.) (3.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 0.60 NON -RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,00 . oi...,..,... �­dam#­ nn thic fnr fnr Inter vanrs. 1,000 Net Sq.Ft.` 0.00 (121.00) 0.00 0.00 0.00 3.80 0.00 0.00 0.00 Daily Trips 0.00 0.00 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. 1, Page 1 CITY OF AZUSA Date Prepared: 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 July 25, 2006 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0" PART 1: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 13.00 Multi -Family Residential 3.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 sq.ft.) 0.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 3.60 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 3.80 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips 0 ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 2 CITY OF AZUSA Date Prepared: 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 July 25, 2006 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." .,NEW DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 2.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial (less than 300,000 sq.ft.) 3.00 Commercial (300,000 sq.ft. or more) 0.00 Freestanding Eating & Drinking 3.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 121.00 Office (less than 50,000 sq.ft.) 0.00 Office (50,000-299,999 sq.ft.) 0.00 Office (300,000 sq.ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University (# of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessary) Daily Trips 0 ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 section q rage a CITY OF AZUSA Date Prepared: July 25, 2006 2006 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2006 Enter data for all cells labeled "Enter." If there are he data for that category, enter "0" 'DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing Dwelling Units High Density Residential Dwelling Units Near Rail Stations Mixed Use Developments 01,000 Gross Square Feet Near Rail Stations 1 01 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 Dwelling Units Reconstruction of Buildings 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 01 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,000s) 0 Section 1, Page 4 Exempted Development Definitions: 1. LowNery Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low -Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 1 Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specked under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Azusa will hold their regularly scheduled meeting of August 21, 2006 for the following agenda items: Congestion Management Program (CMP) Local Development Report A public hearing to consider the adoption of a resolution finding the City to be in conformance with the Los Angeles County Congestion Management Program and adopting the CMP Local Development Report. Said PUBLIC HEARING will be held at the hour of 7:30 p.m. on MONDAY, August 21., 2006, or as soon there after as the matter may be heard, in the Civic Auditorium at 213 East Foothill Blvd. Any persons wishing to testify may file a written statement prior to that time and/or may appear and be heard. If you challenge the proposed actions in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. /s/ Vera Mendoza, Azusa City Clerk, 213 E. Foothill Blvd. Azusa, Ca. 91702 Published Azusa Herald: August 10, 2006 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 7, 2006 - 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 The entire Council presented certificates of recognition to Azusa businesses that were in full Cert of Recog compliance with the industrial waste requirements over the 2005 calendar year. Azusa Bus The entire Council presented certificates of recognition to participants.and coaches of Azusa Cert of Recog Youth Boxing who participated in the Desert Showdown World Amateur competition boxing Azusa Boxing tournament. Cert of Recog The entire Council presented certificate of recognition to Zach Miller for receiving the First Z. Miller 24'h Senate District "Small Business of the Year Award". CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:46 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Sec. Conf w/legal 54956.9(c) One Case. Cnsl CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: APMA AND EXECUTIVE The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was Reconvened reportable action taken in Closed Session on Conference with Legal Counsel -Anticipated City Attorney Litigation; moved by Councilmember Hardison, seconded by Councilmember Carrillo and Report unanimously carried to file a claim against the Price Company, Price Family Trust for the recovery of overpaid sales taxes. The second item was not discussed. . Mayor Chagnon called the meeting to order and led in the Salute to the Flag. INVOCATION - Mr. Walter Stelmle, Second Councilor of the Church of Jesus Christ of Latter -Day Saints. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Chief of Police Garcia, Economic Development Director Coleman, Director of Public Works/Assistant City Manager Makshanoff, Director of Utilities Hsu, Assistant Director of Water Operations Anderson, City Treasurer Hamilton, Public Information Officer Quiroz, Library Director Tovar, Rosedale Project Manager Bruckner, Director of Recreation and Family Services Jacobs, City Clerk Mendoza, Deputy City Clerk Toscano. Call to Order Invocation Roll Call Also Present PUBLIC PARTICIPATION Public Part i+like Lee addressed Council expressing his appreciation to Mayor Pro-Tem Rocha for M. Lee '1 thejKorean War celebration, and all he does for the community. He also stated he enjoys Comments "»%:.,. th oncerts in the park at Memorial Park on Thursdays in August. Gilbert Becerril addressed Council Inviting all and offering tickets for dinner/dance G. Becerril fundraiser for the Veterans Memorial Committee for the monument committee to be held on Comments Saturday, August 26; from 6:00 p.m. to Midnight; tickets are $12.00 a piece. For further information call 969-8260. Mr. Jonathan Weir, a recipient of Council's scholarship fund, addressed Council to provide a J. Weir report on his trip to Yale; he advised that he will be choosing politicsashis major, would like Update to reform the education system, he met many people, had classes six nights a week, had Trip to Yale many debates, had three hour classes, wants to go back next year and was nominated to give a speech at graduation. He thanked local companies of Azusa, especially Northup Grumman, State Farm, the City, Police Department, his mom, Mr. Person, for sponsoring him on his summer session at Yale. Ms. Mary Leesure, on behalf of Ediranna of Christian Family Center, announced that their M. Leshure church will be having a Community Center beginning August Z3, 2006 to the end of Comments December, 2006. the Community Center will consist of a thrift store, computer room, fax machine, homeless kit, Information, food bank, kids corner. They will also have a Thanksgiving Dinner for the homeless. The Center will be open every Wednesday from 6:00 p.m. - 8:00 p.m. at the center; for further Information call (626) 969-3133. Mr. Jorge Rosales stated that the palm trees on Palm Drive are in deplorable condition and in Rosales violation of the mitigation measures; the grading addendum for the dirt at the Rosedale Comments project leaves no opportunity to public to comment; doesn't think it's a minor change, and there will be impacts to air, traffic, noise, character, of the Rosedale Project and concern is seismic hazardous conditions. He submitted a letter regarding the issue. He expressed opposition to the proposed cell tower at Slauson Park and that State Law prohibits park spaces for anything other than recreational purposes. Mr. Jule Arevalo addressed Council stating that with the trimming of palm trees on Palm J- Arevlo Drive she expressed concern that regarding clean up after they are through. She expressed .Comments concern with speeding truck traffic on Palm Drive as it wasn't supposed to be used and requested more communication with Azusa Land Partners. Mr. Darrel Ramsey-Musolf, Assistant City Planner, City of Glendora addressed grading plan D. R. Musolf item expressed concern regarding the Citrus Detention Basin, stating that they haven't been Comments able to review technical data regarding water now to the basin and aesthetics. He detailed his concerns and stated that there is a lack of hydrology report. He asked that they continue the item in order for the City of Glendora to receive full data to do a peer review. Mr. Mike Morris of Delta Groups, addressed Council requesting approval of the Wireless Site M. Morris Lease at Slauson Park by Verizon. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF RpWUpdates City Manager Delach advised that he received letter from City of Glendora and Mr. Rosales City Mgr regarding their concerns on grading plan modification for the Rosedale Project which he Comments forwarded to the City Council. Mayor Pro -Tem Rocha requested that the meeting be adjourned in memory of Bernadine Rocha Mae Gibson, and Merrill and Craig Gomm who passed away July 31. He invited all to the Comments Azusa Sister City Annual Luau on Saturday, August 12°, from 5 p.m. — 10 p.m. at the Eagles. He asked that the off ramp on Azusa Avenue and 21 O freeway, Alameda exit, be cleaned. He thanked all who helped clean up Lee School. Councilmember Hanks asked the meeting be adjourned in memory of Merrill and Craig Hanks Gomm who were tragically killed in an accident on July 31 ". - Comments Mayor Chagnon announced that the City is currently accepting applications for City Boards Chagnon and Commissions; for further information call (626) 812-5271. She invited all to the comments groundbreaking ceremony for fourteen new Town Homes by Trade Mark Homes at Foothill and Angeleno on August 8"' at 5:30 p.m. 06/07/06 PAGE TWO The report on the update on Palm Trees on Palm Drive was received and filed. Economic Update on Development Director Coleman responded to question stating the palm trees of which there Palm Trees is no suitable location to place they will be destroyed and City Manager Delach responded Palm Drive also stating that there were no any area to put the trees and there are no other sites in town. Bill Holman of ALP advised that there are 79 palms that have been relocated and have a 100 in excess of the number needed. The 4' of July 2006 Fireworks Enforcement Summary was received and filed. Mayor Report on Chagnon summarized statistics from last and this year regarding fireworks and read a letter Fireworks 2006 received from a resident in favor of the new laws. Chief of Police Garcia stated that all citations were for illegal fireworks only, and also that the success was a team effort. City Attorney advised that with regard to comments made at the last meeting, it is not advisable to release list of names of people who received citations. SCHEDULED ITEMS Sched Items PUBLIC HEARING — Water System Annexation and Development Fee Adjustment. Pub Hrg approve a one-year contract, as amended, with the Azusa Chamber of Commerce for an Wtr Sys Dev The Mayor declareddhe Hearing open. City Clerk read the affidavit of proof of publication of Fee notice of said hearing published in the San Gabriel Tribune on July 17, 2006. Hrg open Assistant Director of Water Operations Anderson addressed the issue stating that each year C. Anderson there is a change in the development fee, determined by the rise In construction cost and Comments this year there is a 9.3 increase in the fees. Soil Exportation Testimony was solicited, but none was received. Testimony/none Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously Hrg Closed carried to close the Hearing. Economic Dev Mayor Pro -Tem Rocha offered a Resolution entitled: Director A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING WATER Res. 06-C62 SYSTEM ANNEXATION FEES. Amend Wtr System Annex Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hanks to waive further Fee reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO. HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF AZUSA, AMENDING WATER Res. 06-C63 SYSTEM DEVELOPMENT FEES. Amend Wtr System Dev Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hanks to waive further Fee reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Councilmember Carrillo, seconded by Mayor Chagnon and unanimously carried to Chamber of approve a one-year contract, as amended, with the Azusa Chamber of Commerce for an Commerce annual amount of $68,000 to support economic development through marketing, services, Contract and legislative advocacy. It was noted that there was a typographical error on page four item 5 wording. PROPOSED GRADING PLAN MODIFICATION AND SOIL EXPORTATION FOR THE ROSEDALE Grading Plan K PROJECT. Economic Development Director Coleman addressed the issue stating that there Soil Exportation is a surplus of 450,000 cubic yards of surplus soil on the Rosedale property and in order to Rosedale minimize the soil export that would be needed they received a proposal from Azusa Land Project Partners on how to handle the soil; they would utilize 320,000 cubic yards on the site, that Economic Dev would raise the pads and export the remaining 130,000 yards by truck to the city of Ontario. Director Comments 06/07/06 PAGE THREE J Rosedale Project Manager Bruckner provided a presentation on the.EIR Addendum for the Rosedale proposed revised Grading Plan and Excess Soil Exportation for the Rosedale Project. The Project If presentation included proposed plan from Azusa land Partners, modification of the grading Manager plan, increase of building pads, primary area of where soil would be deposited ( the Comments Promenade), height elevations, use of retaining walls; he detailed each affected areas as well as exportation routes, and timeline. Lengthy discussion was held between Councilmembers and staff regarding draft conditions Lengthy of approval, stabilizing loaded trucks, insurance requirements, sweepers/water trucks discussion everyday, measures on loaded trucks, flagman, adequate space between trucks, water trucks/sweepers - every Five minutes, covered trucks, number of days of trucking, truck speed control, roadway impacts, wall heights, shared walls, maintenance - HOA, traffic, haul route preferences, other access roads, i.e. Vulcan and Armory haul roads, safety fences, Planning Commission input, possible loss of units, retaining wallstslopes, storm drainage system, Palm Drive, addendum versus EIR; City Attorney advised that the addendum was legal there was no significant new Impacts. Mr. Gene Lopez addressed the issue requesting continuance of the item in order that G. Lopez Glendora have more time to review it and expressed concern with water run off. Comments Mr. Jorge Rosales addressed questioning when the addendum document was made available J. Rosales to the public as he did not have ample opportunity to review. Comments Mr. Darrell Ramsey-Musolf, Assistant City Planner, City of Glendora, requested a D. Musolf continuance to allow them to conduct a peer review of the date. He stated that there was a Comments lack of consultant for the Hydrology report and requested to see a copy of It. Ms. Jule Arevalo expressed concern with the safety of the residents of Sierra Palms and J. Arevalo requested additional time in order to review the data. Comments Ms. Barbara Stoffer, noted that the lack of a view for three of their units was a significant B. Stoffer issue. Comments Mr. John Wall provided a traffic count of Sierra Madre and Azusa Avenue. Mr. Bill Holman of Azusa Land Partners addressed the issue detailing the problem of not getting soil compaction which they discovered in August 2005. He advised that the revised plan was submitted in February; he detailed events that took place to address the problem, and doesn't think total hauling is a feasible alternative. He stated that based on the conclusion of traffic, air quality, noise, drainage studies, and public view analysis there are no significant impacts as a result of the draining plan modification. He stated that they will be unable to continue with the project if they have to haul all the dirt. There are no unusual seismic conditions in the south portion of the project. He talked about the palm tree and Flooding issues at Sierra Palms, new privacy wall for Mankowski Homes and Sierra Palms, communications with City of Glendora regarding Citrus storms drain plans for over a year, and wall design options and requirements. He asked that they move forward with the grading plan modification. ' City Attorney Carvalho responded to resident concerns as follows: with regard to the removal of 450,000 cubic yard of soil, the proposal is only to remove a portion, with regard to possible Flooding to Sierra Palms there Is a need to move forward with the project to make sure there is Infrastructure to prevent it from occurring in the future, with regard to the addendum document, it was released to everyone at the same time and Glendora's engineers have had time to review It, if there were significant Impacts AQMD would be commenting this evening, lack of consultant for hydrology - CEQA does not require peer review; the Area of concern for Glendora will not be Impacted, visuals are important and the City did engage a consultant to do the line of sight studies, but regard to personal view - the law doesn't protect and CEQA doesn't require additional analysis; the potential of three unit having some impact was not deemed significant. Project Manager Bruckner responded to question regarding 120 trucks per hour, and by having the reduction of the hours they would have an extended period of time, beyond the 128 days; he clarified that the severity of the impact wouldn't be affected, but the duration would be; he noted that the analysis was the worse case analysis. J. Wall B. Holman ALP Comments City Attorney Response to Comments Additional discussion was held between Counciimembers, staff and Bill Holman regarding Additional grading plan, possibly making up the difference in housing in another area of the project Discussion where the density Is allowed, that changes made will result in changes in other areas and items which will be reviewed by the Planning Commission. 08/07/06 PAGE FOUR Councilmember Hardison offered a Resolution entitled: ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING Res. 06-C64 FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN SUPPORT File Notice of OF AN EXEMPTION FOR A GRADING PLAN MODIFICATION TO THE MONROVIA NURSERY Exemption & SPECIFIC PLAN AND AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE Adopt MONROVIA NURSERY SPECIFIC PLAN. Addendum to Elk for Moved by Councilmember Hardison, seconded by Councilmember Hanks to waive further Monrovia reading and adopt. Resolution passed and adopted by the following vote of the Council: - Nursery AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hanks and unanimously Support carried to make findings in support of the Specific Plan conformance, approve the revised Specific Grading Plan (Grading Plan Modification with conditions, and approve the exportation of Plan conform 130,000 cubic yards of soil with conditions. (with the condition that the trucks respect the Revised grading 25 mile limit and modified hours). Mayor Chagnon noted that roadway impacts be followed Plan approve up at a later date. Exportation of Soil Mayor Pro -Tem Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA APPROVING A Res. 06-C65 REVISED GRADING PLAN AND A HAULING PERMIT TO EXPORT 130,000 CUBIC YARDS OF Grading Plan SOIL FOR THE ROSEDALE PROJECT. Modification Rosedale Moved by Councilmember Hardison, seconded by Councilmember Hanka to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: - COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT:. COUNCILMEMBERS: NONE Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING 1" Reg Ord CHAPTER 14 OF THE AZUSA MUNICIPAL CODE TO ADD ARTICLE XVI REGARDING Amend Chptr 14 FLOODPLAIN MANAGEMENT REGULATIONS. Floodplain Management Moved by Councilmember Hardison, seconded by Councilmember Hanka and unanimously Regulations carried to waive further reading and introduce the proposed ordinance. CONTRACT EXTENSION WITH ATHENS SERVICES FOR STREET SWEEPING SERVICES. After Extension response to questions posed, it was moved by Councilmember Hanka, seconded by Mayor Athens Services Chagnon and unanimously carried to approve the contract extension with Athens Services Street for the next three years and direct the City Attorney and City Manager to amend the contract Sweeping for a three year extension with a 7% increase per year. The CONSENT CALENDAR consisting of Items D- i through D-14 was approved by motion of Consent Cal Councilmember Hardison, seconded by Councilmember Hanks and unanimously carried with Approved the exception of items 1, 5, 6, 7, 9, and 10, which were considered under Special Call portion of the Agenda. SPECIAL CALL ITEM. Spec Call 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: R. Keys, T. Avila, R. Moreno, and L. Items Corrales. Separations: D. Rudisel, Community Improvement Officer, S. Malins, Community Improvement Inspector, and N. Hogan, Recreation Supervisor. The City Treasurer's Report as of June 30, 2006 was received and Filed. Treas Rpt 08/07/06 PAGE FIVE 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND Res. 06-C66 ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA Amending ENVIRONMENTAL QUALITY ACT — 2006 REVISION (PUB. RESOURCES CODE §§ 21000 CEQA ET SEQ.) Guidelines 5. SPECIAL CALL ITEM. Spec Call 6. SPECIAL CALL ITEM. Spec Call 7. SPECIAL CALL ITEM. Spec Call 8. The budget amendment to include public access computer replacement using Bill & Budget Amend Melinda Gates Foundation grant funds was approved; approval was given to accept Grant Funds $10,500 grant from Bill and Melinda Gates Foundation, Public Access Hardware Accepted Upgrade Program and authorize spending for replacement of seven public access Gates internet computers 9. SPECIAL CALL ITEM. 10. SPECIAL CALL ITEM. Spec Call Spec Call 1 1. Authorization to purchase and Install park amenities at Zacatecas Park in the amount of Park Amenities $13,212.10 was approved. Zacatecas 12. Authorization was given for the filing of a Notice of Completion for resurfacing NOC performed by All American Asphalt, Inc. The final construction cost for resurfacing is All American $2,197,039.54 including all change orders and retention. The 10% retention will be Asphalt payable at the end of a 35 day waiting period following approval of the filing of the Pavement Notice of Completion. Management 13. Formal bidding procedures were waived in accordance with Azusa Municipal Code Maint & Section 2-523 section C, no competitive market, which allows for proprietary services Support that can only be provided by one source and approval was given to the software CAD maintenance and support agreement From Distributed Software Development in the DSD amount of $31,800. 14. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06-C69 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Hanks addressed the minutes of July 17'" expressing his abstention as he Min appvd was absent from that meeting. Moved by Mayor Pro -Tem Rocha, seconded by Hanks Councilmember Carrillo and unanimously carried to approve the minutes of the regular Abstained meeting of July 17, 2006, and the minutes of the Special meeting of July 24, 2006. Councilmember Hanks abstained. - The lease agreement with Verizon Wireless to construct, operate and maintain a mobile Agmt wNerizon telephone site at Slauson Park was discussed. Mr. Morris of Delta Groups responded to Cell Site questions regarding the 3 foot pedestrian wide right a way, 12 foot wide right a way, and the Slauson Pk relocation of trees. He stated that the right a ways were non exclusive easement as there is a need to access the cell tower. Mayor Pro -Tem Rocha advised that he would like to know what will become of relocated trees and Mayor Chagnon expressed her concern regarding the aesthetic prospective and asked for an alternative site. City Attorney Carvalho responded to a question stating that with regard to public and private utilities; a cell tower can be located in parks. Moved by Councilmember Hardison to approve the lease agreement with Verizon Wireless Motion failed to have a cell tower at Slauson. Motion failed for the lack of a second. Lack second Chief of Police Garcia responded to question regarding disposition of old police vehicles COP stating that first they are offered to City departments, then sent auction. He stated that the Response to three vehicles have about 20,000 miles on them. Questions 08/07/06 PAGE SIX Counciimember Hanks offered a Resolution entitled: ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WAIVING FORMAL SEALED Res. 06-C67 BIDDING AND AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR AN AMOUNT Pur Police Cars NOT TO EXCEED $54,669.89 FOR THREE VEHICLES FOR POLICE USE. Moved by Councilmember Hanks, seconded by Mayor Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was noted that the purchase of padmounf switchgear item had two different addresses for Pur air Federal Pacific; staff will look into the matter. Moved by Councilmember Hanks, seconded Padmount by Mayor Chagnon and unanimously carried to approve the purchase of a dead -front, air Switchgear insulated padmount switchgear for the Rosedale Development project, pursuant to Section 2-511 under Article VII, Bidding and Contracting, of the Azusa Municipal Code, titled "Alternative Purchasing Procedure", in an amount not to exceed $106,038, including sales tax and freight charges, to Federal Pacific. Chief of Police Garcia responded to questions regarding the MOU with Irwindale Police LA Co. Illegal Department -and the LA County regarding illegal street racing stating that officers are Street Racing selected on a first come first serve basis and they are officers that have an interest in traffic and DUI enforcement. It was then moved by Councilmember Hanks, seconded by Mayor Chagnon Enforcement and unanimously carried to authorize the Chief of Police to enter into the Memorandum of Program Understanding with the Irwindale Police Department accepting reimbursement for 150% of officer's hourly rates who participate in the Los Angeles county Illegal Street Racing and DUI Enforcement Program. Mayor Pro -Tem Rocha addressed the Redevelopment Survey Area for study purposes, Rocha addressing the map, and asked if this included Grandview Street and Economic Comments Development Director Coleman responded that it did not include Grandview Street. Mayor Pro -Tem Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DESIGNATING A Res. 06-C68 REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES FOR THE PROPOSED AREA Designating ("DOWNTOWN NORTH AREA") TO BE ADDED BY AMENDMENT TO THE MERGED CENTRAL Survey Area BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREAS ("MERGED PROJECT AREA-) _ Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ASTAIN: COUNCILMEMBERS: CHAGNON THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:47 Cod recess P.M. THE CITY COUNCIL RECONVENED AT 10:48 P.M CRA convene Reconvene THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY Cncl recess CONVENED AT 10:48 P.M. THE CITY COUNCIL RECONVENED AT 10:49 P.M APFA convene Reconvene Councilmember Hardison offered an Ordinance -entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Ord. 06-06 MISCELLANEOUS ADJUSTMENTS (CODE CLEANUP) TO THE 2005 DEVELOPMENT CODE Appvg Misc (CASE NUMBER ZCA 221). Adjustments Moved by Councilmember Hardison, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE 08/07/06 PAGE SEVEN Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPEALING DIVISION 2. Ord. 06-07 NOISE, OF CHAPTER 46, ARTICLE IX, IN ITS ENTIRETY AND REPLACING IT WITH THE Repealing STANDARDS OF CHAPTER 88.31.020 NOISE STANDARDS OF CHAPTER 88 DEVELOPMENT Noise CODE AS AMENDED BY CODE AMENDMENT CASE NUMBER ZCA 221. Moved by Councilmember Hardison, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANI(S, CHAGNON NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Hanks requested that the noise ordinance be brought back for clean up in a Hanks year from now. Comment Moved by Councilmember Hardison, seconded by Councilmember Carrillo and unanimously Adjourn carried to adjourn in memory of Bernadine Mae Gibson, and Merrill and Craig Gomm who In memory of passed away July 31. Bernadine Mae Gibson, Merrill and Crag Gomm TIME OF ADJOURNMENT: 10:52 P.M. CITY CLERK NEXT RESOLUTION NO. 2006-C70. NEXT ORDINANCE NO. 2006-08 08/07/06 PAGE EIGHT CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSON, DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER �. . VIA: F.M. DELACH, CITY MANAGER _ <' DATE: AUGUST 21, 2006 ; SUBJECT: HUMAN RESOURCES ACTION ITEMS ) �•- RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Re(J sWh accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s)/ BACKGROUND On August 8, 2006, the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A MFRIT INCRFASF. ANr)/nR RFGI11 AR APPnINTMFNT- DEPARTMENT r FlE CLASSIFICATION ACTIONrRANGE/STEP IEFFECTIVE'tDATE Bk -S- N0 SALARY Police Bruce Badoni Police Sergeant Merit Inc 6501/4 7-15-06 $6,747.63 Police Xavier Torres Police Sergeant Merit Inc 6501/3 7-1-06 $6,420.80 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service S stem. DEPARTMENT "NAME CLASSIFICATION EFFECTIVE'bATE RANGE/STEP BASE MO:. SALARY Police William Johnson Police Officer _ Trainee Pending phy & 4184/1 fin er rints $3,796.42 Police Eric Mendoza Police Officer - Trainee Pending phy & 4184/1 fingerprints $3,796.42 Utilities Richard Gonzales Water Distribution Worker 1 Pending phy 5167/1 S.fin er rints $3,330.31 Utilities Derek Baird Water Distribution Worker 1 8-23-06 5167/1 $3,330.31 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. M%%N. 3 TO: FROM: VIA: DATE: CONSENT CALENDAR HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT GARCIA, CHIEF OF POLICE F.M. DELACH, CITY MANAGER AV) `) AUGUST 21, 2006 SUBJECT: PURCHASE OF SEVEN 2007 FORD POLICE INTERCEPTOR VEHICLES FROM CLIPPINGER FORD IN AN AMOUNT NOT TO EXCEED $170,118.95. COMPETITIVE BIDDING ALREADY COMPLETED PER SECTION 2-523 (E) AMC. RECOMMENDATIONS It is recommended that the City Council approve the purchase of seven 2007 Ford Police Interceptor vehicles from Clippinger Ford, 137 W. San Bernardino Road, Covina, CA in an amount not to exceed $170,118.95. It is further recommended that City Council approve the purchase of these vehicles based on a competitive bid process completed by the Los Angeles County Sheriff Department Contract where they ordered 350 Ford Interceptor vehicles, Order #31080234. BACKGROUND Each year the Police Department budgets to replace high mileage patrol vehicles. This fleet rotation involves replacing one third of the fleet to reduce the annual capital outlay for patrol vehicles while providing safe, reliable and up-to-date equipment for patrol officers and other public safety personnel. Not only do these high mileage vehicles become expensive to maintain, but compromise officer and public safety. Several police vehicles are beyond their warranties and are in need of retirement from patrol deployment. 1 Six of these vehicles will be used as marked black and white patrol units and one vehicle will be an all black car used by Community Service Officers. The Los Angeles County Purchase Order was granted at a base price not including tax and tire fees at $22,245.74 per car, but did not include driver and front passenger side -impact airbags. Clippinger Ford honored this per unit price for this purchase, and the Police Department added side -impact air bags on all seven vehicles at $261.00 per car for a total cost of $22,506.74 per unit.' The cost of the CSO car excluding tax and tire fees is $22,056.74, which includes the side -impact airbags and a savings of $450.00 due to a one -color paint job. The total cost for the six black and white patrol cars is $22,506.74 per unit and $22,056.74 for the CSO unit, for a grand total of $170,118.95 for all seven vehicles which is inclusive of tax and tire fees. FISCAL IMPACT There are adequate funds available for this purchase using the Equipment Replacement Fund account #46-20-310-000-7135 for the six marked black and white patrol cars. There is also adequate funding for the CSO car in the Police Operating Budget under account #10-20-310-000-7135. Prepared by: Rick Sanchez, Corporal Sam Gonzalez, Captain 2 CONSENT CALENDAR ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY.COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER,, tfrO DATE: AUGUST 21, 2006 SUBJECT: AUTHORIZE THE NOTICE OF COMPLETION FOR THE ATHLETIC FIELD IMPROVEMENTS AT ZACATECAS PARKAS COMPLETED BYTRUGREEN LANDCARE IN THE AMOUNT OF $108,630, AND AUTHORIZE STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY CLERK AND PAY THE 10% RETENTION TO THE CONTRACTOR. RECOMMENDATION: It is recommended that City Council authorize the Notice of Completion for the Athletic Field Improvements at Zacatecas Park as completed by TruGreen Landcare in the amount of $108,630 and authorize the staff to file the Notice of Completion with the Los Angeles County Clerk and pay the 10% retention to the contractor. BACKGROUND: City Council authorized this $98,850 contract on March 6, 2006 and work commenced on March 27, 2006, An amendment was approved at the Council meeting of April 3, 2006 in the amount of $9,780, revising the original purchase order from $98,850 to $108,630. The additional work represented the grading, installation of irrigation, soil preparation and hydro seeding of an 18,000 square foot area that used to be the parking lot at Zacatecas. The project was completed on budget. FISCAL IMPACT: This project is fully funded in the 2005-2006 CIP and Job Housing Grant. Funds are currently held in account #28-80-000-420-6625/42004a-625 for this purpose. /dls 06-079 RECORDING REQUESTED BY AND wFD:N RECORDED MAD, TO: NAME Azusa City Clerk STREET ADnRESS 213 E. Foothill Blvd. CITY, STATE& Azusa, CA 91702 ZIP CODE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is The Citv of Azusa 3. The full address of the owner is 213 E. Foothill Blvd., Azusa, CA 91702 4. The nature of the interest or estate of the owner is: In fee. - (IF OTHERTHAN FEE, STRIKE' IN FEF AND INSERT, FORE%AM -PURCHASER UNDER CONTRACTOR PURCHASE",OR-I SEr) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on .200 . 8. The name of the contractor, if any, for such work of improvement was: TruGreen Landcare. (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOM INSERT 'NONE" (DATEOF OONnZACn 9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles , State of CA ; and is described as follows: Athletic field improvement at Zacatecas Park. 10. The street address of said property is 924 W. First Street, Azusa CA 91702. Diane Chagnon, Mayor Dated: 8/21/06 (SIGNATURE OFOWNEROR CORPORATEOFFFMOFOWNERNAAIID IN PARAGRAPH 2 O HIS AGSM VERIFICATION I, the undersigned, say: I am the the declarant of the foregoing notice of completion; (• PRESmENT OP', "MANAGPA 0 P. "PARTNER O F, `O W NER OP', ETC) I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at (STATE) (PERSONALSIGNATUREOF THE INDNOUALWH01S SWEMP'GTHAT THECONTEMS OFTHENOTICE OF CONF ETION ARE TRUE.) CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ ASSISTANT CITY MANAGER VIA: F. M. DELACH, CITY MANAGER DATE: AUGUST 21, 2006 SUBJECT: COST SHARING AGREEMENT WITH CALTRANS FOR ELECTRICAL AND MAINTENANCE COSTS FOR TRAFFIC SIGNALS AT SPECIFIC INTERSECTIONS. RECOMMENDATION It is recommended that that the City Council approve Resolution , and authorize the City Manager to execute an agreement with Caltrans for the sharing of electrical power and maintenance costs for the continued operation of traffic signals and intersection lighting at five specific intersections. BACKGROUND Within the City limits there are five intersections where the City and Caltrans have shared responsibilities for traffic control as well as the safety lighting atop the traffic signal pole. The locations of these intersections and proposed share of costs are shown on attached "Exhibit A". This item is a renewal of existing responsibilities at these intersections. All maintenance, such as work on the controllers, replacement of light bulbs and hardware repair is performed by Caltrans. At Arrow Highway and Azusa Avenue electrical power is furnished by Southern California Edison. The four other intersections receive electrical power from Azusa Light and Water. The signal timing for each phase is set by Caltrans, which is in sole possession of the keys to the Controller cabinet. When these signals require maintenance it is necessary for the Public Works Department to call the Caltrans signal maintenance division. FISCAL IMPACT The cost of this item is estimated to be under $6,000 and is included in this year's Public Works Operating Budget. RESOLUTION NO. RESOLUTION OF THE CITY OF AZUSA APPROVING AGREEMENT FOR "COST — SHARING OF FACILITIES ON STATE HIGHWAYS IN THE CITY OF AZUSA" WHEREAS, the Azusa City Council has heard/read said Agreement in full, and is familiar with the contents thereof. THEREFORE, be it resolved by the City Council of the City of Azusa that said Agreement for Cost -Sharing of the STATE highway in the CITY is hereby approved and the Mayor and the City clerk are directed to sign the same on behalf of said City. ADOPTED this day of 2006. Diane Chagnon, Mayor Attest: City Clerk I HEREBY CERTIFY that the foregoing resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the day of 2006 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS City Clerk EXHIBIT °B" ELECTRICAL FACILITY COST SHARING AGREEMENT CITY OF AZUSA THIS AGREEMENT is entered into effective this ' day of , 20, by and between State of California, acting by and though the Department of Transportation, hereinafter referred to as "STATE", and the city of Azusa hereinafter referred to as "CITY ". This Agreement shall supersede any previous Agreement and/or amendments thereto for sharing STATE -incurred costs with CITY relative to these identified flashing beacons, traffic signals, traffic -signal systems, safety lighting, and sign lighting, hereinafter referred to as "Electrical Facilities", which are listed in the attached Exhibit "A", which by this reference is made a part of this Agreement. II. The cost of operating and maintaining those Electrical Facilities presently placed at the intersection of any State highway route and any CITY street/road shall be shared as shown in Exhibit "A". III. Basis for Billing: A. It is agreed that STATE will submit monthly billings to CITY for Electrical Faculties composed of flashing beacons, traffic signals, and traffic -signal systems, based on actual intersection costs, which shall include, without limitation, the following: Operations, maintenance, repairs, and replacement. - Labor including STATE. overhead assessment - Other expenses - Equipment - Materials - Miscellaneous expenses Electrical energy B. It is agreed that STATE will submit monthly billings to CITY for Electrical Facilities composed of safety lighting and sign lighting which shall be based on calculated unit costs derived by averaging STATE's District -wide costs each month, which costs shall include, without limitation, the following: Operations, maintenance, repairs, and replacement. - Labor including STATE's standard overhead assessment - Other expenses - Equipment - Materials - Miscellaneous expenses - Electrical energy Rev 621166 Azusa IV. Exhibit "A" will be amended as necessary by written concurrence of both parties to reflect any future changes, deletions or additions to the described Electrical Facilities and the electrical energy levels. V STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget Act by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the STATE'S District Office to pay Electrical Facilities costs and expenses. VI.. This Agreement shall remain in full force and effect until amended by the mutual consent of the parties or terminated by either party upon thirty (30) days' prior written notice to the other party. Rev 621106 Azusa IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. STATE OF CALIFORNIA WILLIAM A. KEMPTON Director of Transportation By Douglas R.. Failing District Director *Approved as to form and procedure: By Attorney (State) DEPARTMENT OF CALIFORNIA CITY OF AZUSA By City Manager APPROVED AS TO FORM AND LEGALITY City Attorney City Attorney ATTEST: City Clerk By "Approval by STATE's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE's Attorney as to form and procedures. Rev 6121106 3 Azusa CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F.M. DELACH, CITY MANAGER DATE: AUGUST 21. 2006 SUBJECT: PURCHASE OF PRIMARY UNDERGROUND COPPER CABLE RECOMMENDATION It is recommended that in accordance with section 2-518 (c), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, Council approve the issuance of a purchase order in an amount not to exceed $478,552 to Hughes of Santa Fe Springs, CA for the purchase of 12,000 circuit feet of 500 KCMIL Primary Copper Cable, and a separate purchase order to Wesco Distribution of Santa Fe Springs, CA in an amount not to exceed $135,401, for the purchase of 6,400 circuit feet of #4/0 19 Strand Primary Copper Cable. A notice inviting bids for the above mentioned copper cable was published in the San Gabriel Valley Tribune July 31, 2006, and a formal bid opening was held in the Office of the City Clerk at 9:00 AM Monday, August 15. Only two bids were received, and the results of those bids are listed below in terms of total cost, including sales tax and delivery charges to Azusa. Vendor Location Description Hughes Santa Fe Springs, CA 500 KCMIL Wesco Santa Fe Springs, CA 500 KCMIL Hughes Santa Fe Springs, CA #4/0 19 strd Wesco Santa Fe Springs, CA #4/0 19 strd Total price Lead Time $478,552 14 Wks ARO $563,662 22 Wks ARO $175,001 14 Wks ARO $135,400 16 Wks ARO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Page 2 FISCAL IMPACT There is no fiscal impact to the General Fund, as this cable will be purchased under Stores Inventory account number 33000000001601, then will be charged to the appropriate Electric Division account as it is checked out of Stores. Ultimately, the cost of this cable will be reimbursed by the developers of the Rosedale Project. Prepared by: Tony Garcia, Buyer 8/16/06 D -1 CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT K. PERSON, ASSISTANT {CITY MANAGER VIA: F. M. DELACH, CITY MANAGER . xlo DATE: AUGUST 21, 2006 �! SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE CITY OF DUARTE'S ENCANTO NATURE WALK TRAIL PROJECT RECOMMENDATION: It is recommended that City Council aapt a resolution supporting the City of Duarte's Encanto Nature Walk Trail Project. BACKGROUND: The City of Duarte is requesting that the City Council adopt the attached resolution in support of a specific project — the Duarte Encanto Nature Walk Trail Project — within the umbrella of Emerald Necklace projects. It is a proposed 1,000 foot trail with a river overlook, benches, interpretive signs and native plants. It will be located along the west bank of the San Gabriel River from the Puente Largo Bridge to a transverse dike jutting out into the river channel upstream of the bridge. The project is technically within the City of Azusa but will be adjacent to Duarte's border. FISCAL IMPACT: There is no fiscal impact as a result of the recommended action. 06-079 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE CITY OF DUARTE'S ENCANTO NATURE WALK TRAIL PROJECT WHEREAS, in 2005-06, various municipalities and agencies within the San Gabriel Valley Region entered into the Emerald Necklace Accord to establish a network of support, cooperation and collaboration within the region for the preservation of areas adjacent to the San Gabriel and Rio Hondo rivers and tributaries (collectively, "Watershed") for recreational, open space and native habitat conservation and restoration purposes; and WHEREAS, the cities of Azusa and Duarte are parties to the Emerald Necklace accord; and . WHEREAS, in Section 2 of the Emerald Necklace Accord the parties agree to "review and consider requests for mutual support from one to another" in efforts to secure grant funding for the "preservation/restoration/operation of the Watershed for purposes of multi benefit projects fostering community health, passive and active recreation, environmental education, native habitat preservation, and open space in the common interest;' and WHEREAS, Duarte has applied for grants from the California Department of Parks and Recreation, County Supervisors Michael Antonovich, 5'h District and Gloria Molina, 1st District and the Rivers and Mountains Conservancy, which will be supplemented by the Duarte general fund and other potential grant supporters to develop the Encanto Nature Walk Trail. The proposed 1,000 foot trail with a river overlook, benches, interpretive signs, and native plants, will be located along the west bank of the San Gabriel River from the Puente Largo Bridge to a transverse dike jutting out into the river channel upstream of the bridge. The long term goal is to extend the trail from the Encanto Nature Walk trail 3,750 feet to the trailhead for City of Duarte's trail to Fish Canyon Falls following an existing access road to the existing parking area along Encanto Parkway just north of the mouth of Van Tassel .Canyon. A map depicting the trail's proposed location is attached hereto and incorporated herein as Exhibit "N'; and WHEREAS, at this time, Azusa has not been requested to contribute financially to the Encanto Nature Walk Trail project; however, as with any development project, Duarte will require assistance from Azusa staff as well as various approvals from Azusa's legislative bodies; and WHEREAS, the Azusa City Council desires to assist Duarte in its efforts to improve the Encanto Nature Walk Trail. NOW, THEREFORE, the City Council of the City of Azusa, California, resolves, determines and orders as follows: The City Council hereby supports Duarte's proposal to develop the Encanto Nature Walk Trail project commencing in the City of Duarte and going through the City of Azusa. The City Council approves having Duarte act as the "Lead Agency" and shall undertake all analysis and prepare all documents necessary to ensure that the Encanto Nature Walk Trail project conforms with the environmental review necessary under the California Environmental Quality Act, while Azusa shall act as a "Responsible Agency". Resolution No. 2006 - Page 1 45559 3. Duarte may require grading, building, landscaping and other permits from Azusa before construction of the Encanto Nature Walk Trail project may commence. To this end, the City Council hereby directs Azusa staff to cooperate with Duarte in a manner that is consistent with the provisions of the Azusa Municipal Code and as necessary to support Duarte in obtaining those land use entitlements from Azusa, which may be necessary for the Encanto Nature Walk Trail project. 4. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _day of 2006. Diane Chagnon, Mayor ATTEST: Vera Mendoza, CMC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. CITY OF AZUSA } I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. was duly and regularly passed and adopted by the City Council of the City of Azusa at its regular meeting held on the day of 2006, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Vera Mendoza, CMC City Clerk Resolution No. Page 2 sa Ir ... _ �.. �, �"K. .n�w� $ t '^'• .rtyy .' .�-ice B"�Y j fly'} ANGELES NATIONAL FOREST - R , 9w Z " Robert's Creek•Trail Kja o.��RX 3 $ A �� ole FIS> Cfeekatrall "A d i f 3 W Azus& F y. a TMrv. .p SAl �g �I RI - , t Canyo - River P b st,Gateway kli7terpretive 4 4 y.�en#er a _ Garcia Trail a ='<4 ; San Gabrl I yia y` canyon 0. Spreading * y' alley, View ParWj: i r b° x a+, `' ' " �s:.. a s" � •.' y ^�C TY OFZUA TE �� Pedestrian CITY AZ_ „ rt a p, ure f • •. TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER/.J' o DATE: AUGUST 21, 2006 SUBJECT: CONTRACT FOR CONSULTANT ENGINEERING SERVICES Recommendation: It is recommended that the City Council authorize the City Manager to enter into an agreement with Quantum Consulting, Inc. for contract engineering services. Bacl�ground: Since November 1, 2005 the City's Engineering Division has been without an associate engineer after the previous person that held the position left the City for another position. Discussion: In November of 2005 the City's engineering associate left employment with the City for another position. Public Works staff worked with the Human Resources Division to recruit a new person to fill the position. Unfortunately the job market for people with engineering backgrounds are difficult to find in the current job market. The recruitment only yielded 7 applicants of which only 5 were qualified to take the written exam and none passed the exam. Currently Human Resources is conducting a recruitment that closes on September 15, 2006. The Engineering Division though has a number of projects before them and with the current state of development in the City, staff was hopeful that a consulting engineer could be brought in part-time to supplement staff and keep projects moving in a timely manner. Staff contacted three engineering consulting firms by phone to inquire if they would be able to assist the City. The three firms were Wildan, Bureau Veritas and Quantum Consulting. The following is a summary of each firm's proposal: • Wildan proposed a full-time engineer for 40 hours per week at $85 per hour. 0 Bureau Veritas proposed an engineer on an as needed basis for $65-$75 per hour. Quantum Consulting proposed and engineer on an as needed basis for $68 pen hour. Staff is recommending Quantum Consulting due to the fact that they are currently working for the City on the Rosedale Project and staff is familiar with the employees and are comfortable with their ability and professionalism. Staff expects to use the consultant until a new engineer associate is hired by the City or for a term not to exceed 6 months. It is expected that if the recruitment is successful a new engineering associate can be employed by January 1, 2007. The contract will be on a month-to-month basis and if after six months the City still has not hired an engineering associate, staff will come back to the City Council for an extension. If Quantum Consulting is hired, staff expects to have a representative from Quantum in the City for 20-24 per week Tuesday through Thursday. This representative will assist with counter work, issuing Public Works permits and doing minor inspections in the field. The previous employee was budgeted at Step 5 or $6,926.77 per month. For the past 9.5 months the City has saved $65,804.32 in salary alone and $17,316.93 since the beginning of the 2006/07 fiscal year. Besides salary the City has saved an additional $26,321 in benefits during the past 9.5 months for a total savings of $92,125 or $9,697 per month. At $68 per hour for 24 hours per week the City would spend approximately $6,528 per month for contract engineering services. Fiscal Impact: $6,528 per month from account #10-55-651-000-6003 %D -q CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGERJWD DATE: AUGUST 14, 2006 «<<<< SUBJECT: NOVELL SOFTWARE MAINTENANCE AND LICENSING RECOMMENDATION 1. It is recommended that the City Council approve and award the annual software maintenance and licensing agreement in the amount of $16,641.01 to PC Mall GOV. BACKROUND The City currently uses Novell products, Netware as the operating system on some servers, ZEN works for remote desktop management, and GroupWise for e-mail. The city needs to retain software support from the vendor in order to limit any potential down time, to keep licensing current and for product enhancements to this software. Novell assigns vendors per geographic area to supply maintenance and licensing for their products. This is called a Master License Agreement (MLA). This gives the City the option of purchasing from the MLA vendor or directly from Novell. Quotes from Novell, PC Mall Gov, and CDW-G (MLA Vendors) were received with PC Mall GOV offering the best pricing. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department oneratine bud¢et FY 2007 in accounts 48499300006835, 48499420006835. 2555 Wast 190th Street Duns M 12.9365420 Torrance, CA 90504 Tax ID #: 33-0964088 .... Quotes are valld 15 days from quote date Sales Rep: Joshua Asbill Phone: (800) 625.5468 x 4543 Fax: (310) 6303052 E -mall: i0shVe'pocmaligw.com Agency: CITY OF AZUSA ACCOUNTSPAYABLE PO Box 1395 213 E FOOTHILL BLVD Phone: 626.612-5256 Contact Name: Maggie Parklns Reference #: Quote#: 52811896 Quote Dote: 7/2612006 Bank of America 151 Long Beach Drive, 3rd Floor Long Beach, CA 80802 ABA#. 12100D35B Aceto: 14577-02450 PC MALL GOV COnfIdeMlal T"'.T Kathy Raines PC Mall Gov, Inc. 1-800-7303262 ext. 5180 File 55327 Fax: 310-63D•3552 Los Angeles, CA 900745327 Payment Terms: Net 30 rn1t'�s�3-X19--10- 091c5a Page 1 of 1 v rn m m m QuarefnformoRon Date: 24-1.1-3006 Quoin ID: 8338 Subjcm: CITY OF AZUSA CA 07 renewal Contract: MLA client lnfarmodon CITY OF AZUSA 213 E Foothill Blvd Ansa Califomio 917022514 USA Novell Quote Ducic Soong 1800 South Novell Pluee PRV-E-'-12 Pmvo, UT 84606 USA Phone: 801-861-9429 Fat: Email: dstmn6Onovcll cam Phone: I.: Email: Solar Rep Comments -rocas_ I��ut,oi This Q..leisvalidfor30daysfrom24-1.1-2006 Ifa pricing discrepancy should arise, the pricing as Published in the cumem Novell Product Price List andl.r NPA vill prewil lhisquole docs nal indudc smte endlor tocol salts mx. if any 7lspnusmtbis quote are suggested only Lem Pmmted SKU Retail MLAF071006 End Date Mons Price Qty Extended Item Description priee Disc Price OsouplVisc T including Mobile Scrum Powcmd by 877-OD1310 33 OD 50% 04/30/07 12 16.50 300 4.95DD0 Intdlisyne I -User 1-Yevr M4imenancc ZENworls Des{.iop Management l-Devi-Nscr l -Year 877-000204 1790 50':OGRO/07 12 8.50 300 3.55000 Maintenance - Novell Open Entwprive Server 1-Usw I -Yew 877-000157 40 DO 50% 06/30/117 12 20 00 300 6.000.00 Maintenance ZENworks Pnteh Management l -Dell. i -Yes 873-006949 I80o 50% 250 3.35000 Subscription for Windows License �- Mundilr oflrems: 4 7or4L USD 15,750.00 nm n. Solar Rep Comments -rocas_ I��ut,oi This Q..leisvalidfor30daysfrom24-1.1-2006 Ifa pricing discrepancy should arise, the pricing as Published in the cumem Novell Product Price List andl.r NPA vill prewil lhisquole docs nal indudc smte endlor tocol salts mx. if any 7lspnusmtbis quote are suggested only CDW Shopping Cart - ITT o , !f, 71(i"� 800.581.4239 rm"" p Your Saved Carts � Save This Cart ) Edit Saved Carts i, Send To An Associate Page I of I Save as Bundle Quantity I I . Product_,_ CDWoG UsuallY Ships _ _ Price Ext. Price (2)' 300 NOV VLA GW 7 Ll$ INTELU 1Y MNT 1010232. 2+ weeks $29.92 $8,976.00 ZENWorkS Desktop Management -(v 7 (a 300 Wa­!,tena, 943D57 3-6 Days .$20,60 $6,160,00 - - -- - ---------- ...... .... --------- -- -------- - O 250 ZENWorks Patch Management for Windows 948478 3-6 Days $24.15 $6,037.50 subscription license ...... ­_ , ...... ___ . ...... Click E) to remove an Item from your cart Sub -Total $21,193.50 Continue Shopping- 1 Go to C61dd.com Homepage Shipping Calc: Enter a postal code to quickly estimate shipping cost. QuickCart; ii, bk_ fvy- up( V, f PI ) S'C 5e vv r Enter a CDWoG part number to quickly add it to your cart. * sample: CDV/ Part if U5aally Ships: ,ri� COW Part: XXXXM Mfg. P.,t: ........ UNSPSCZ littp://www.cdwg.com/shop/cart/default.aspx?printable=l 7/26/2006 CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, AUGUST 7, 2006 —10:47 P.M. The Board of Directors of the Redevelopment Agency of the City of.Azusa met In regular session at the above date and time in the Azusa Auditorium. Chairperson Chagnon called the meeting to order. Call to Order ROLL CALL - Roll Call PRESENT: DIRECTORS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, Economic Development Director Coleman, City Department Heads, Secretary Mendoza, Deputy Secretary Toscano. The CONSENT CALENDAR consisting of item E-1 through E-7, was approved by motion of Consent Cal Director Hardison, seconded by Director Hanks and unanimously carried. Director Hanks Approved abstained from item E-1, the minutes, as he was not present at that meeting. Chairperson Chagnon abstained from items E-5 and E-6, due to a conflict of interest. 1. Minutes of the regular meeting of July 17, 2006, were approved as written. Min appvd 2. The Professional Service Contracts Quarterly Report for period 4/1/06-6/30/06. Quarterly Rpt 3. One-year contract with the Azusa Downtown Business Association for marketing, and ADBA community community promotion, in the amount of $20,000, was approved. Promotion 4. The Agency Treasurer's Report as of June 30, 2006, was received and filed. Treas Rpt 5. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res.06-1127 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2006/07 PURSUANT TO SECTION 2- Appropriation 450 OF THE AZUSA MUNICIPAL CODE. Amendment 6. Approval and authorization was given for the following: a budget amendment in the Budget Amend amount of $95,000 for the Redevelopment Plan Amendment project; to contract with Contract w/GRC GRC Associates Inc. to provide environmental impact report consultant services, and to EIR services the Executive Director to execute the City's the agreement. 7. A Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 06-RZ8 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 10: 48 P.M. SECRETARY NEXT RESOLUTION NO. 06-RZ9. NEXT ORDINANCE NO. 06 -ROI. AGENCY CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR ROBERT PERSON, ASSISTANT CITY MANAGER VIA: F. M. DELACH, EXECUTIVE DIRECTORf DATE: AUGUST 21, 2006 SUBJECT: PURCHASE AGREEMENT FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 303 E. FOOTHILL BOULEVARD (ZERBE PROPERTY) RECOMMENDATION It is recommended that the Agency Board approve the Purchase Agreement for the acquisition of the property located at 303 E. Foothill Boulevard. BACKGROUND On March 24, 2003, the City Council approved an Option to Purchase and Purchase Sale Agreement between the City of Azusa ("Buyer") and Robert and Ina M. Zerbe Trust et al, Melvin and Beverly Piper Trust, and Bonnie Boelens Trust ("Seller") for the acquisition of the property located at 303 E. Foothill Boulevard. On February 2, 2004, the City Council approved amendment 3 to the original purchase agreement which expired on December 31, 2005. The subject property is located within the Dalton Properties Acquisition Project site (more commonly referred to as the "new Azusa library project site" — see Exhibit B). The property consists of a 22,499 square feet site (APN# 8608-029-003), that is improved with a 1,715 square feet single story dry cleaners/flower shop building (Jasmine Flowers). Buyer and Seller have negotiated, subject to Agency Board approval, a purchase price of $535,000 (Exhibit A - Purchase Agreement) for the acquisition of the property. The City acknowledges that Seller's tenant currently occupying the property will also be entitled to the payment of relocation benefits. In or about April or May 2005, a Phase I and Phase 11 Environmental Site Assessment was conducted on the property to determine whether the property is suitable for the City's intended use. The assessment conducted on the property revealed an unidentified subsurface structure in the soil underneath a portion of the property. The parties agree that the structure must be excavated and soil underneath the structure tested for any conditions or contamination that would violate applicable (federal, state and local) environmental law statutes, rules or regulations. The City and Seller have agreed to hire the services of SCS a licensed, environmental testing and consulting firm to excavate the structure and conduct testing of the soil underneath the structure. . V The Honorable Chairman and Members of the Agency Board Subject: Acquisition of 303 E Foothill Boulevard August 21, 2006 Page 2 of 2 If the excavation and subsurface soil testing reveal that no contamination or other condition exists, the Buyer and Seller will commence with the close of escrow under the terms of the agreement. Both Buyer and Seller further agree that if the soil testing reveals that contamination or other conditions exists that would violate environmental laws, the City will obtain from the consultant an estimate of the total cost of excavation, subsurface soil testing, and remediation of such conditions. If the total estimate of the cost of excavation, subsurface soil testing, and remediation does not exceed $75,000, the City, at its sole expense, will complete the work required to remediate all environmental contaminates beneath the structure. If the total estimate of the cost and expenses associated with the excavation, subsurface soil testing, and remediation exceeds $75,000 the City shall complete any necessary excavation, testing and remediation and proceed with the Close of Escrow; provided, however, that an amount equal to fifty percent (50°x) of such costs and expenses in excess of $75,000 shall be credited against the Purchase Price, up to a maximum credit of $35,000 Dollars. FISCAL IMPACT The purchase price for this acquisition is approximately $535,000 including land acquisition, escrow costs (title report, etc) and will be funded with Redevelopment Agency fund proceeds carried over from the 2005-06, Agency Budget. EXHIBITS: Resolution "A" Purchase Agreement "B" Project Site Map Prepared by Sandra Benavides Exhibit A AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a California municipal corporation ("Buyer") and ROBERT P. ZERBE, AND INA M. ZERBE, as Trustees of the Zerbe Trust dated March 10, 1992, MELVIN R. PIPER as Trustee of the Piper Family Trust, dated February 10, 2000, and BONNIE J. BOELENS, as Trustee of the Trust of Bonnie J. Boelens, dated October 5, 1999, individuals (collectively, "Seller"). Buyer and Seller are sometimes individually referred to herein as "Party" and collectively as "Parties." The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date this Agreement has been approved by Buyer's governing board or delegated representative and signed by all Parties ("Effective Date"). RECITALS A. Seller is the owner in fee of that certain real property located in the City of Azusa, County of Los Angeles, State of California, commonly known as Assessor's Parcel Number 8608-029-003 more fully described in Exhibit A attached hereto and incorporated herein by reference ("Property"), and more commonly known as 303 E. Foothill Boulevard, Azusa, California. B. In or about April and May of 2005, a Phase I and Phase II Environmental Site Assessment was conducted on the Property to determine whether the Property is suitable for Buyer's intended use. The assessments conducted on the Property revealed an unidentified subsurface vessel ("Structure") in the soil underneath a portion of the Property. C. The Parties agree that the Structure must be excavated and the soil underneath the Structure tested for any condition or contamination that would violate applicable federal, state, or local environmental laws, statutes, rules, or regulations (collectively, "Environmental Laws"). D. Buyer agrees to engage a reputable, licensed, environmental testing and consulting firm ("Consultant"), reasonably acceptable to Seller, to excavate the Structure and conduct testing of the soil underneath the Structure, at Buyer's sole cost and expense. E. The Parties agree that if the excavation and subsurface soil testing reveal that no contamination or other condition exists that would violate Environmental Laws, the Parties will commence with the Close of Escrow under the Agreement. F. The Parties further agree that if the excavation and subsurface soil testing reveal that contaminants or other conditions exist that would violate Environmental Laws, Buyer shall obtain from the Consultant an estimate of the total combined cost of excavation, subsurface soil testing, and remediation of such conditions. G. If the total estimate of the cost of the excavation, subsurface soil testing, and remediation does not exceed $75,000, Buyer shall be obligated to complete at its sole cost the RVPUBEKIM\705421.4 I Exhibit A work required to remediate to a level below state or federal action levels all environmental contaminants and'shall provide reasonable documentation of the removal of the Structure and the remediation and/or mitigation of any environmental contaminants located on, under, or emanating from the Property. H. If the total estimate of the costs and expenses associated with the excavation, subsurface soil testing, and remediation exceeds $75,000, Buyer shall complete any necessary excavation, testing and remediation and proceed with the Close of Escrow; provided, however, that an amount equal to fifty percent (50%) of such costs and expenses in excess of Seventy -Five Thousand Dollars ($75,000) shall be credited against the Purchase Price (defined below), up to a maximum credit of Thirty -Five Thousand Dollars ($35,000). I. The term "Property" as used herein shall include all of Seller's right, title and interest in and to the Property and any and all improvements, fixtures, rights-of-way, utility rights, entitlements, claims or other benefits in any way connected with the Property. J. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, upon the terms and provision set forth herein. NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein, the Parties hereto agree as follows: TERMS 1. PURCHASE AND SALE. 1.1 Property. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions set forth herein. 1.2 Purchase Price. The total purchase price for the Property is Five Hundred Thirty -Five Thousand Dollars and No Cents ($535,000.00) ("Purchase Price"), which includes, without limitation, full payment of just compensation, relocation benefits, leasehold interests, lease bonus value, goodwill, furniture, fixtures and equipment, attorneys' fees, costs, interest, and damages in complete settlement of all claims (known and unknown), causes of action and demands of Seller against the Buyer because of Buyer's purchase of the Property, and for any and all claims (known and unknown) arising from or relating to the purchase and sale which is the subject of this Agreement. 1.2.1 Tenants Relocation Benefits. Although the Purchase Price provides for complete satisfaction of any relocation benefits to which the Seller may be entitled, Buyer acknowledges that, independent of any Seller's relocation benefits, that Seller's tenant currently occupying the Property may be entitled to the payment of statutory relocation benefits. Buyer shall satisfy its obligations with respect to providing relocation benefits to such tenant prior to the time that the Buyer issues a notice of displacement to the tenant. RVPUB\EKIM\70542L4 2 Exhibit A. 1.3 Payment of Purchase Price. At Close of Escrow (defined below), Buyer shall pay to Seller through Escrow the Purchase Price,.payable in cash, by cashier's or certified check or by wire transfer. 1.4 Withholding Requirements per R&T 18662. The Parties acknowledge that pursuant to California Revenue and Taxation Code Section 18662, Buyer is required to withhold from funds otherwise payable to Seller at Close of Escrow an amount equal to 3 1/3% of the total sales price/Purchase Price for the Property and submit such amount to the California Franchise Tax Board, unless Buyer is relieved of such withholding requirements under the provisions of said Section 18662. 2. ESCROW. 2.1 Opening of Escrow. Within two (2) business days following the Effective Date, Seller and Buyer shall open an escrow ("Escrow") for the conveyance of the Property with First American Title Company, Attn: Cindy Ondrusek ("Escrow Holder"). For purposes of this Agreement, the Escrow shall be deemed open on the date Escrow Holder shall have received either an original or a copy, at Escrow Holder's discretion, of this Agreement, fully executed by the Parties ("Opening of Escrow"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. 2.2 Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Buyer and Seller for conveyance of the Property. Either an original or a copy, at Escrow Holder's discretion, of this Agreement, fully executed by the Parties, shall be delivered to Escrow Holder upon the Opening of Escrow. Buyer and Seller shall 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 Seller and Buyer. In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties. 2.3 Close of Escrow. For purposes of this Agreement, "Close of Escrow" or "Closing" means the recordation of grant deed conveying the Property to Buyer ("Grant Deed") in the Official Records of Los Angeles County, California, and the disbursement of funds and distribution of any other documents by Escrow Holder, all as described herein. Close of Escrow shall occur on or before sixty (60), days from the Effective Date ("Closing Date"). Buyer and Seller may mutually agree to change the Closing Date by joint written notice to Escrow Holder. The Closing shall be conditioned upon satisfaction, or waiver by the Party for whose benefit the condition exists, of all conditions precedent thereto. In the event the Escrow is not in a condition to close by the Closing Date for any reason other than the uncured breach of either Buyer or Seller, then any Party who is not then in default of the terms of this Agreement may terminate this Agreement as provided in Section 7.1 herein. If no notice of termination as provided in Section 7.1 herein is received by Escrow Holder, Escrow Holder is instructed to proceed with. Close of Escrow as soon as possible. RVPL13\EKIM\705421.4 3 Exhibit A 2.4 Costs of Escrow. Except as otherwise provided in Sections 7.1, 7.2 or 7.3, Buyer shall pay the following: (i) the costs of the Title Policy (defined below); and (ii) all Escrow fees, recording fees and notary fees attributable to the conveyance of the Property (collectively "Title and Escrow Costs"). All other costs of processing the Escrow, except as specifically provided in this Agreement, shall be divided between the Parties in accordance with common escrow practices in Los Angeles County at the discretion of the Escrow Holder. Escrow Holder shall provide an estimated closing costs statement to Buyer and Seller at least three (3) days prior to the Closing Date. No documentary transfer tax will be payable with respect to this transaction, pursuant to Revenue and Taxation Code Section 11922. Each Party shall be responsible for payment of its own attorneys' fees with respect to negotiation and preparation of this Agreement. 2.5 Property Taxes and Assessments. All property taxes and assessments levied and assessed against the Property shall have been paid by Seller before delinquency and shall be current as of Close of Escrow. There shall be no proration of such taxes and assessments. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for said refund, if any, through or outside of Escrow. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow and Buyer's obligation to accept title to the Property and pay the Purchase Price are subject to the satisfaction of the following -described conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the Closing Date: 2.6.1 Seller shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement. 2.6.2 Seller 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. 2.6.3 Escrow Holder shall have received an irrevocable commitment from the Title Company to issue the Title Policy required pursuant to this Agreement, subject only to the Permitted Exceptions, as set forth in more detail in Article 3. 2.6.4 All representations and warranties of the Seller hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue thereafter for the full statutory period. 2.6.5 All property taxes and assessments attributable to the Property shall have been paid by Seller before delinquency and shall be current as of Close of Escrow. s RVPUB\EVWk705421.4 4 Exhibit A 2.6.6 Buyer shall have approved Escrow Holder's estimated closing costs statement. 2.6.7 Buyer shall have determined the Property is suitable for Buyer's intended use and development. 2.6.8 Buyer shall have caused the removal of the Structure and, to the extent necessary, and, at its option and expense as provided in Article 5 herein, remediated the Property to acceptable "no action" levels under all applicable Environmental Laws. 2.7 Seller's Conditions Precedent to Close of Escrow. The Close of Escrow and Seller's obligation to convey the Property are subject to the satisfaction of the following - described conditions for Seller's benefit (or Seller's waiver thereof, it being agreed that Seller may waive any or all of such conditions) on or prior to the Closing Date: 2.7.1 Buyer shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement. 2.7.2 Buyer shall have completed in a timely fashion all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement. 2.7.3 All representations and warranties of the Buyer hereunder shall be true as of the Effective Date and as of the Close of Escrow and shall continue for the full statutory period. 2.7.4 Seller shall have approved Escrow Holder's estimated closing costs statement. 2.8 Buyer's Payments and Documents. No less than one (1) day prior to Closing, Buyer shall payor tender (as applicable) to the Escrow Holder the following -described funds and documents (in recordable form, as necessary): 2.8.1 The Purchase Price. 2.8.2 Funds required to pay the Title and Escrow Costs pursuant to Section 2.4. 2.8.3 Funds required to pay any additional charges customarily charged to buyers in accordance with common escrow practices in Los Angeles County, at the discretion of Escrow Holder. 2.8.4 Certificate accepting the Grant Deed and consenting to recording of same ("Certificate of Acceptance"). 2.8.5 Preliminary Change of Ownership form. RVPLB\EKIM\705421.4 5 Exhibit A 2.8.6 Such other documents and funds required of Buyer under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations. 2.9 Seller's Payments and Documents. No less than one (1) day prior to Closing, Seller shall pay or tender (as applicable) to the Escrow Holder the following -described funds and documents (in recordable form, as necessary): 2.9.1 Funds required to pay any sales or brokerage commissions and finder's fees payable by Seller with respect the transaction which is the subject of this Agreement. 2.9.2 Any additional charges customarily charged to sellers in accordance with common escrow practices in Los Angeles County, at the discretion of Escrow Holder. 2.9.3 FIRPTA Certificate and Califorma'Form 593-C. 2.9.4 The Grant Deed. 2.9.5 Such other documents and funds required of Seller under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations. 2.10 Escrow Holder Responsibilities. Upon the Closing, Escrow Holder is authorized and instructed to: 2.10.1 Cause the satisfaction and removal of all exceptions to title to the Property representing monetary liens or encumbrances from funds otherwise payable to Seller at Close of Escrow, including, without limitation, all unpaid taxes and assessments respecting the Property which became due and payable prior to Close of Escrow and all penalties and interest, if any, thereon. Before such payments or charges are made, Escrow Holder shall notify Seller of the sums necessary to satisfy and remove such monetary liens or encumbrances. 2.10.2 Pay, and charge Buyer and Seller, respectively, for any fees, charges and costs payable under this Agreement, including, but not limited to, Sections 2.8 and 2.9 herein. Before such payments or charges are made, Escrow Holder shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow. RVPUB\EKIM\705421.4 6 Exhibit A 2.10.3 If -applicable, credit Buyer and debit Seller, as set forth in more detail in Section 2.5 herein, for Seller's prorata amount of all unpaid ad valorem taxes upon the Property with respect to the period prior to the Close of Escrow. Before such charges and credits are made, Escrow Holder shall notify Buyer and Seller of the sums necessary therefor. 2.10.4 Escrow Holder is then to record the Grant Deed, with the Certificate of Acceptance attached thereto, and any other instruments, as appropriate, delivered through Escrow. 2.10.5 Withhold from funds otherwise payable to Seller at Close of Escrow such amount as Buyer is required to withhold therefrom pursuant to California Revenue and.Taxation Code Section 18662 (i.e., 3 1/3% of the total sales price) and timely submit such sums to the California Franchise Tax Board, unless Buyerisrelieved of such withholding requirements under the provisions of said Section 18662. Further, deliver to each Party copies of all such withholding form(s). 2.10.6 Disburse such other funds and deliver such other documents to the Parties entitled thereto. 2.10.7 Cause the Title Policy to be issued. 2.10.8 Timely file such report(s) and form(s) as may be required to be filed by Escrow Holder with California Franchise Tax Board and/or Internal Revenue Service and provide copies of same to each Party. 2.11 Notices. All communications from Escrow Holder to either Buyer or Seller shall be directed to the addresses and in the manner established in Section 9.1 herein for notices, demands and communications between the Buyer and Seller. 2.12 Facsimile/Counterpart Documents. In the event Buyer or Seller utilizes "facsimile" transmitted signed documents, the Parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours after transmission, such documents bearing . the original signatures. Buyer and Seller further acknowledge and agree that facsimile documents bearing non -original signatures will not be accepted for recording and that the Parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by Buyer and Seller in counterparts. 3. TITLE. 3.1 Condition of Title-, Title Policy. It is a condition to the Close of Escrow for Buyer's benefit that fee title to the Property and the right to possession to any portion of the RVPUB\EKID4V05421.4 7 Exhibit A Property conveyed to Buyer pursuant to this Agreement shall be subject only to the Permitted Exceptions (defined below), as evidenced by the receipt by Escrow Holder of an irrevocable commitment from Lawyer's Title Company ("Title Company") to issue to Buyer upon Close of Escrow its Standard Owner's Form Policy of Title Insurance ("Title Policy") in an aggregate amount equal to the Purchase Price showing title to the Property vested in Buyer, subject only to the Permitted Exceptions. Buyer may, at its option and expense, request any title endorsements, provided that the issuance of such endorsements does not delay the Close of Escrow. Seller shall request Title Company to issue to Buyer such Title Policy upon Close of Escrow. 3.2 Permitted Exceptions. The term "Permitted Exceptions" as used herein shall mean the following -described conditions and exceptions to title or possession: 3.2.1 A lien to secure payment of unpaid general and special real property taxes and assessments, not delinquent, prorated as provided in Section 2.10.2 and 2.10.3 herein. 3.2.2 A lien of supplemental taxes assessed pursuant to Chapter 3.5 of Part 0.5 of Division 1 of the California Revenue and Taxation Code (commencing with Section 75) accruing on or after the Close of Escrow. 3.2.3 Matters affecting the condition of title created by or with the consent of Buyer. 3.2.4 Other exceptions to title disclosed by the Title Report (defined below) that have been approved in writing by Buyer prior to the Close of Escrow. Notwithstanding any other provision(s) in this Agreement, any exceptions to title to the Property representing monetary liens or encumbrances are hereby disapproved and Escrow Holder is hereby authorized and instructed to cause at Close of Escrow the satisfaction and removal of any such monetary exceptions from funds otherwise payable to Seller at Close of Escrow. 3.3 Title Report(s). Within two (2) business days following the Effective Date, Seller shall obtain, and provide a copy to Buyer, a standard preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Title Report"). 4. SUITABILITY AND CONDITION OF PROPERTY. 4.1 Determination of Suitabilitv and ADoroval of Environmental and Other Conditions. It shall be a condition to the Close of Escrow for Buyer's benefit that Buyer has, provided notice in writing as provided in this Section that it has determined the Property is suitable for its intended use and development and that it approves the environmental, soils and other conditions of the Property. It is understood and agreed that the obligation of Buyer to purchase the Property is subject to and conditioned upon the Property being suitable for its intended use and development and acceptable environmental, soils and other conditions of the RVPUB\EKIM\705421.4 8 Exhibit A Property, as determined by Buyer in its sole discretion, and the absence from the Property of any "Hazardous Substances", as defined in Section 4.4 herein. Prior to the Closing Date, in accordance with Article 5 herein, Buyer shall determine whether.the Property is so suitable and shall provide to Seller and Escrow Holder its written notice of such determination and rejection or acceptance. In the event Buyer determines the Property is not suitable and/or rejects the environmental, soils and/or other conditions of the Property as provided herein, then Buyer may terminate this Agreement as provided in Article 7. 4.2 Investigations. Buyer may conduct at its expense any such investigations, inspections, surveys, analyses, plans and tests of and related to the Property including, without limitation, soils, groundwater, wells, percolation, geology, environmental, drainage, engineering and utilities investigations, availability of future sewer capacity, zoning, appraisals, project costs, feasibility studies and demographics, inspections, surveys, plans, tests, and governmental requirements and fees for future improvements (collectively, "Investigations"), as Buyer determines, in its sole discretion, are desirable to determine the suitability of the Property for its intended use and development. To the extent feasible, Buyer shall take no action that will disturb or interrupt the quiet enjoyment of Seller, its tenants, and licensees of use of the Property during the performance of the Investigations. Seller shall cooperate in providing to Buyer, and Buyer's employees, representatives, agents and independent contractors, any information within Seller's knowledge concerning the Property that is relevant to the performance of the Investigations. 4.3 Right of Entry. Seller hereby grants to Buyer, and Buyer's employees, representatives, agents and independent contractors a license to enter the Property for purposes of conducting the Investigations. Exercise of this right of entry with respect to the building improvements located upon the Property shall require twenty-four (24) hours prior notice in verbal form to Seller and, unless Seller otherwise agrees, shall occur only during normal business hours. In the event Escrow does not close for any reason, other than Seller's uncured default, Buyer shall repair any material damage, i.e., damage that cost to remedy is $100 or more, to the Property resulting from the Investigations. Except for the sole negligence or willful misconduct of Seller, Buyer shall indemnify and hold Seller and Seller's employees and agents harmless from any and all losses, costs, damages, liabilities, liabilities, obligations, costs and expenses, including reasonable attorney's fees, incurred or sustained by Seller because of the Investigations and the license granted pursuant to this Article. 4.4 Hazardous Substances. "Hazardous Substances" means, without implied limitation, substances defined as "hazardous substances," "hazardous material," ."toxic substance," "solid waste," or "pollutant or contaminate" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601, et seq.; the Toxic Substances Control Act ("TSCA") [15 U.S.C. Sections 2601, et seq.]; the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq.; those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the EPA, or any successor authority, as hazardous substances [40 CFR Part 302]; and those substances defined as "hazardous waste" in Section 25117 of the California Health and Safety Code or, as "hazardous substances" in Section 25316 of the California Health and Safety Code; other substances, materials, and wastes that are, or become, regulated or classified as hazardous or RVPUBIEKIM\705421.4 9 Exhibit A toxic under federal, state, or local laws or regulations and in the regulations adopted pursuant to said laws, and shall also include manure, asbestos, polychlorinated biphenyl, flammable explosives, radioactive material, petroleum products, and substances designated as a hazardous substance pursuant to 33 U.S.C. Section 1321 or listed pursuant to 33 U.S.C. Section 1317. 5. ANALYSIS AND REMOVAL OF STRUCTURE 5.1 Hiring of Consultant; Removal and Analyses. The Parties agree that Buyer shall engage a California licensed consultant ("Consultant"), reasonably acceptable to the Seller, to render such services for the environmental clean-up and remediation of the Property. The Consultant shall excavate and cause the removal of the Structure and, to the extent warranted, conduct any and all soil investigations and analysis necessary to determine whether any condition or contamination exists on the Property that would violate applicable Environmental Laws. 5.2 No Remediation Necessary. If removal of the Structure and subsequent investigation and analysis of the Property reveal that no such contamination exists and no remediation of the Property is necessary, the Buyer shall notify the Seller of the Consultant's findings within fifteen (15) days of the conclusion of the Consultant's investigation and the Parties shall close Escrow pursuant to Article 2, provided that all conditions to the Close of Escrow have been satisfied or waived by the Party for whose benefit the condition(s) exist(s). Except as otherwise provided in Section 5.3, the Buyer shall be solely responsible for the costs and expenses associated with the Consultant services, including, but not limited to, the removal of the Structure and the investigation and analysis of the soils of the Property. 5.3 Remediation Necessary. If removal of the Structure and subsequent investigations and analysis of the Property reveal that contamination exists that would violate applicable Environmental Laws, the Buyer shall engage the Consultant to undertake those actions necessary to remediate and mitigate the Property to acceptable "no action" levels under all applicable Environmental Laws. The total cost of the excavation, investigation and analysis, and remediation is hereinafter collectively referred to as the "Total Remediation Costs". Following receipt of all necessary closure and "no further action" documents from all cognizant governmental authorities, the Parties shall close Escrow otherwise in accordance with this Agreement; provided, however, that Buyer shall be entitled at the Close of Escrow to a credit against the Purchase Price equal to fifty percent (50%) of the amount by which the Total Remediation Costs exceed Seventy -Five Thousand Dollars ($75,000); provided, further, however, that the total credit to be applied against the Purchase Price shall not exceed Thirty- Five Thousand Dollars ($35,000). 6. SELLER'S ACKNOWLEDGMENT AND GENERAL RELEASE. 6.1 Full Satisfaction. Seller acknowledges that, in accordance with applicable provisions of California law, Seller may be entitled to the payment of relocation expenses, payments for loss of goodwill, just compensation, inverse condemnation, unlawful pre -condemnation conduct, and other benefits and reimbursements other than those expressly provided for in the Agreement (collectively, "Benefits") in connection with Buyer's acquisition of the Property. Seller, on behalf of itself and its heirs, executors, administrators, successors and Rvrus\EKIM\705421.4 10 W Exhibit A assigns, acknowledges that Buyer's performance under this Agreement constitutes full and complete satisfaction of Buyer's obligations to provide the Benefits to the Seller. 6.2 Waivers and Releases. Seller hereby waives, to the maximum legal extent, any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Buyer's acquisition of the Property, whether known or unknown, foreseeable or unforeseeable. The Parties hereto agree that this Agreement is a settlement of claims in order to avoid litigation and shall not, in any manner be construed as an admission of the fair market value of the Property, or of any liability by any party to this Agreement. Seller on behalf of himself and his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives and assigns, and all other persons and associations, known and unknown, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer's purchase of the Property or any preliminary steps thereto. 6.3 California Civil Code Section 1542. Seller hereby acknowledges that it has either consulted with legal counsel or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with, the provisions of California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that with respect to the sale of the Property to Buyer, Seller may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to him under Section 1542 or other statute or judicial decision of similar effect. Seller's Initials: This acknowledgment and release shall survive the Close of Escrow. 7. TERMINATION, DEFAULTS AND REMEDIES. 7.1 Exercise of Rights to Terminate. In the event Buyer elects to exercise it rights to terminate this Agreement and the Escrow as provided in Sections 2.3, 4.1, 5.3.2 or 9.3 herein, then Buyer may so terminate by giving notice, in writing, prior to the Close of Escrow, of such termination to Seller and Escrow Holder. In the event Seller elects to exercise its rights to terminate this Agreement and the Escrow as provided in Sections 2.3, 5.3.2 or 9.3 herein, then Seller may so terminate by giving notice, in writing, prior to the Close of Escrow, of such termination to Buyer and Escrow Holder. In such event, and Section 2.4 notwithstanding, the Party so terminating shall pay all Escrow Holder and Title Company termination fees and charges (collectively, "Termination Costs"). Upon such termination, all obligations and RvruB\F,Rm4vo5421.4 11 d - Exhibit A liabilities of the Parties under this Agreement, excepting for the obligation of Party so terminating to pay Termination Costs as provided herein, shall cease and terminate. 7.2 Buyer's Breach. In the event Buyer breaches any obligation hereunder which Buyer is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time determined at the sole discretion of Seller, then Seller, as its sole and exclusive remedy, may terminate this Agreement and the Escrow by giving notice, in writing, prior to the Close of Escrow, of such termination to Buyer and Escrow Holder. In such event, Buyer shall pay all Termination Costs. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Buyer's obligation to pay Termination Costs as provided herein, shall cease and terminate. 7.3 Seller's Breach. In the event Seller breaches any obligation hereunder which Seller is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time determined at the sole discretion of Buyer, then, in addition to pursuing any other rights or remedies which Buyer may have at law or in equity, Buyer may, at Buyer's option, (i) terminate this Agreement and the Escrow by giving notice, in writing, prior to Close of Escrow, of such termination to Seller and Escrow Holder; or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow as provided herein, then Seller shall pay all Termination Costs, and upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Seller's obligation to pay Termination Costs as provided herein, shall cease and terminate. 7.4 Return of Funds and Documents; Release of Liability as to Escrow Holder. In the event Escrow Holder receives a notice, in writing, prior to Close of Escrow, from Buyer or Seller of its election to terminate the Escrow as provided in Article 7, then Escrow Holder shall promptly terminate the Escrow and return all funds, less Termination Costs, as appropriate, and documents to the Party depositing the same. The Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder's obligations to return funds and documents as provided herein. 8. REPRESENTATIONS AND WARRANTIES. 8.1 Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Close of Escrow, and the truth and accuracy of such statements shall constitute a condition precedent to all of Buyer's obligations under this Agreement: 8.1.1 Authority. Seller has full power and authority to own, sell and convey the Property to Buyer and to perform its obligations pursuant to this Agreement. This Agreement and all other documents delivered by Seller to Buyer now or at Close of Escrow have been or will be duly executed and delivered by Seller and are or will be legal, valid and binding obligations of Seller, sufficient to convey to Buyer good and marketable title to the Property and are enforceable in accordance with their respective terms. RVPUB\EKIM\705421.4 12 Exhibit A 8.1.2 No Unrecorded Possessory Interests; No Agreements or Undertakings. There are no agreements for occupancy in effect for the Property and no unrecorded possessory interests or unrecorded agreements that would adversely affect Buyer's title to or use of the Property. Seller will not enter into any agreements or undertake any obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of Buyer, including, without limitation, any agreements for occupancy for the Property. 8.1.3 Hazardous Substances. Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose information to Buyer regarding the environmental status of the Property. Seller warrants to Buyer that to the best of Seller's knowledge the Property and any contiguous real property owned by Seller is not in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property, including, without limitation, soil and groundwater conditions underlying the Property which could affect the Property or its use or development. 8.1.4 Liti ag tion. There are no claims, actions, suits or proceedings continuing, pending or threatened against or affecting Seller or the Property, or involving the validity or enforceability of this Agreement or of any other documents or instruments to be delivered by Seller at Close of Escrow, at law or in equity, or before or by any federal, state, municipal or other governmental department, board, commission, bureau, Buyer or instrumentality. Seller is not subject to or in default under any notice, order, writ, injunction, decree or demand of any court or any governmental department, board, commission, bureau, Buyer or instrumentality. 8.1.5 No Breach. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereby will not violate or result in any breach of or constitute a default under or conflict with or cause any acceleration of any obligation with respect to any provision or restriction of any lien, lease, agreement, contract, instrument, or, according to Seller's knowledge, any order, judgment, award, decree, statute, regulation or ordinance, or any other restriction of any kind or character to which Seller is a party or by which Seller or the Property are bound. 8.2 Survival of Representations and Warranties. The covenants, representations and warranties of Seller under this Agreement shall be true on and as of the Close of Escrow and shall survive the recordation of the Grant Deed and the Close of Escrow. Seller shall defend, indemnify and hold Buyer harmless from and against any and all claims, liabilities, Rvaua\Exm4\705421.4 13 Exhibit A obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney's fees, court costs and litigation expenses, which Buyer may reasonably incur or sustain by reason of or in connection with any misrepresentation made by Seller pursuant to this Article . 9. OTHER 9.1 Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party 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 third 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 personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To Buyer: The Redevelopment Agency of the City of Azusa Attn: Robert Person 213 East Foothill Boulevard Azusa, California 91702-1295 With Copy to: Best Best & Krieger LLP Attn: Kevin K. Randolph, Esq. 3750 University Avenue Riverside, California 92501 Facsimile: (951) 686-3083 Telephone: (951) 686-1450 To Seller: Zerbe, Robert and Ina Trust et al. Piper, Melvin Trust Boelens, Bonnie Trust 34872 Staccato Street Palm Desert, California 92211 Attn: Mr. Robert Zerbe and Ms. Ina Zerbe 9.2 Indemnity by Seller. Seller hereby agrees, after the Close of Escrow, at Seller's sole cost and expense, to indemnify, protect, defend (with counsel of Buyer's choice), and hold Buyer, its successors and assigns, officers and/or directors, harmless from and against any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses (including, RVPUB\EKffA\705421.4 14 Exhibit A without limitation, attomeys' and experts' reasonable fees and costs) of any kind or nature whatsoever which may at any time be imposed upon, incurred or suffered by, or asserted or awarded against, Buyer, or Buyer's successors and assigns, officers and/or directors relating to or arising from (i) the Property or Seller's ownership or operation thereof on or before the Close of Escrow, (ii) the use on or before the Close of Escrow of the Property by Seller or any third party, including, without limitation, any tenant, invitee or licensee of Seller, (iii) any breach of any covenant, agreement, representation or warranty of Seller contained in this Agreement; (iv) the presence, use, handling, storage, disposal or release on or before the Close of Escrow of hazardous substances on, under or about the Property caused by Seller; and (v) the Seller's violation of any federal, state or local law, ordinance or regulation, occurring or allegedly occurring with respect to the Property prior to the Close of Escrow. This indemnity by Seller herein contained shall survive the Close of Escrow and the recordation of the Grant Deed. 9.3 Possession,• Risk of Loss. Buyer shall be entitled to sole possession of the Property immediately upon Close of Escrow. All risk of loss or damage to the Property will pass from the Seller to the Buyer at the Close of Escrow. In the event that material loss or damage occurs to the Property prior to the Close of Escrow, either Party may terminate this Agreement as provided in Section 7.1 herein. 9.4 No Brokers. Seller and Buyer each represent to the other that it has employed no broker or finder in connection with the transaction contemplated hereby and each Party agrees to indemnify the other and its successors hereunder against, and hold such indemnified Party and its successors hereunder harmless, from any and all actions, suits, claims, demands, debts, losses, liabilities or expenses (including, without limitation, attomey fees, court costs and costs of investigation and defense) arising from or in connection with any fees and commissions, including, without limitation, broker, management, finder or legal, asserted against the other arising from the alleged statements, acts or representations of the indemnifying Party. This Agreement, including this provision, is not intended to benefit any person or entity other than Seller and Buyer, and their successors and assigns. 10. MISCELLANEOUS 10.1 Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow. 10.2 Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof. 10.3 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. 10.4 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. RVPUB\EKIM\705421.4 15 Exhibit A 10.5 Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 10.6 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties. 10.7 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference 10.8 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 10.9 Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. 10.10 Assignment. Buyer shall have the right, in it sole discretion, to assign this Agreement, and any right or obligation herein, to any party of its choice without the prior consent or approval of Seller. Seller shall not assign this Agreement, or any right or obligation herein, to any party without the prior written consent of Buyer, which consent may be given or withheld in Buyer's sole discretion. 10.11 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. 10.12 Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 10.13 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof. 10.14 Legal Fees. Each Party shall be responsible for payment of its own attorney's fees with respect to negotiation and preparation of this Agreement and processing of the Escrow. In the event of the bringing of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing Party in such action or proceeding, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including actual attorney's fees. RVPUR\EKIM\705421.4 16 Exhibit A 10.15 Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement. 10.16 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. 10.17 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the datc(s) set forth below next to their respective signatures. [Signatures on following pages] RVPUB\EKIM\705421.4 17 Exhibit A SIGNATURE PAGE TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a California municipal corporation Dated: F. M. Delach, Executive Director ATTEST: Agency Secretary BEST BEST & KRIEGER LLP Lm Agency Counsel RVPUB\EK M\705421.4 J m Dated: Dated: Dated: Dated: RVPUB\EKA9\705421.4 SIGNATURE PAGE TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS SELLER By: Robert P. Zerbe Ina M. Zerbe Melvin R. Piper Bonnie J. Boelens Exhibit A Exhibit A U EXHIBIT A TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS Legal Description of Property That certain real property located in the City of Azusa, Los Angeles County, California, described as follows: Lots 4, 5 and 6 as recorded on Parcel Map 53, Page 85, in the Office of the County Recorder, County of Los Angeles, California EXHIBIT A RVPUB\EKIM\705421.4 a Figure 1. Project Site Location. WARRANT REGISTER NO. 26 z FISCAL YEAR 2005-06 WARRANTS DATED 7/16/06 THROUGH 7/31/06 FOR REDEVELOPMENT AGENCY MEETING OF 8-21-06 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS 3 THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80 -110 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND SO -135 -WED CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81 -155 -TAX INCREMENT SET-ASIDE FUND 82 -125 -CBD DEBT SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -185 -RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 2,333.04 22,544.57 2,801.25 1.000.00 $ 28.678.86 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2006. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2006. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary Sa HP Of STING a 17, 2 06, 8:25 PM --req:/0=----- leg: GL JL--loc: BI-T924---job:I462354 #J1017 --- p o : 00< 1.34> -reporteport id: CHFIJTR02 SELET FUZ Cbdes: 80-82 ; M Posting Dates: 070105-063006 Check Issue Dates: 071606-073106 FE ID FE Nacre AD= N[Nffi2 / JCB NL= Irmice Mxrber Das=ptian St Disc. Pmt. Dist. Pitt. V09768 A= 8010110000-6601/504800-6601 500581612 DUFS 05/06 FD 0.00 58.33 PEIDd: 0.00 Paid: 58.33 Total: 58.33 V05613 AT&T 8010110000-6915 0517751058001 Utilities/Teleph AD 0.00 7.41 PEID d: 0.00 d: 7.41 Total: 7.41 V04317 Q)MFCRUA NP= 8010110000-6601/504800-6601 2093 NEkELEiig2S FD 0.00 584.01 PEIDTlzma;d: 0.00 Paid: 584.01 Total: 584.01 V09191 DELACH, FRA=S 8010110000-6235 052406 REUVB. I(SC/LAS 13D 0.00 151.00 PEID UlKid: 0.00 Paid: 151.00 Tbtal: 151.00 V07721 V07721 V07721 V07721 V07721 V07721 DE34MMRCIId1J 8010125000-6399/501500-6399 DE�ID W� 8010125000-6399/501500-6399 DE3v= SIO 8010165618-6325/505700-6325 IEgvUID DPR= 8010125000-6325/505700-6325 DEgv= D'RR= 8010125000-6399/501500-6399 DE9vMD P1R= 8010125000-6325/505700-6325 0606067EREEE/a%%= 071006 060606 071006 071006ZE32BE_[_A4IIIEJ+ 201111A1 FL FD 0.00 ��NH�/Ll%%M E FL FD 0.00 S F&E APP PD 0.00 F&E WIMPS FD 0.00 FL FD 0.00 Fbd W- FE Fn 0.00 300.00 237.50 2,801.25 2,992.50 200.00 412.50 PEID [I�d: 0.00 Paid: Tbtal: 6,943.75 6,943.75 VO8010 DUKE'S LAI\DG=I 8010125000-6815 5418 6/06 GMUEN [, S FD 0.00 585.00 MID LhT2 0.00 Paid: 585.00 Total: 585.00 V00331 FEEEZAL ESS 8010125000-6625/505800-6625 109335737 Pin E PD 0.00 16.32 City of Azusa HP 9000 08/17/06 O P E N H 0 L D D B LISTING By Fpxscai/Ehtity Nare Paste 2 , ALZ 17, 2006, 8:25 AM --req: FESE------ leg: CM JL--loc: BI-TD:I-I---job: 462354 #J1017 --- pro3: CFA00 <1.34> --report id: CHFM02 SECFxT FUD Ctdes: 80-82 ; CL Posting Cates: 070105-063006 ; Check Issue Dates: 071606-073106 PE ID PE Nacre ACi>✓LNT NCNEER / JCB NP'EER Invoice Nurter Descriptim St Disc. Arrt. V05574 V95334 V01582 V01582 11 1 V0027 JC= & A=, 8110155000-6345/505302-6345 NE= CCNMDTICA 8010110000-6915 NE= 0144NICA 8010110000-6915/504800-6915 OVERUM PACIFIC 8010125000-6399/505700-6399 OVERLAID PACIFIC 8010125000-6399/505700-6399 PROFCRdA 8010110000-6518/504800-6518 • `�� • 1 1 �� :1 / 1111 ../ 1 :11 ..1 • • • 1 1 �� - - 1 1111 ..1 ILII ..:11 ..1 •'�� • 1 1 �• :1 1 1111 ..1 1 � • 11 ..1 Dist. Ant 0.00 16.32 16.32 107.79 0.00 107.79 107.79 1,000.00 0.00 1,000.00 1,000.00 24.70 12.35 0.00 37.05 37.05 612.50 997.50 0.00 1,610.00 1,610.00 594:61 0.00 594.61 594.61 202.50 202.50 202.50 0.00 607.50 PEID Id: d: Total: ME280652814 aJ52806-DJ52814 PD 0.00 PEID. : Paid: Total: A=4L Prom C mom to PD 0.00 PEID Lltd: Paid: Ibtal: 0.00 FD 635925025048 Utilitiees/TTe1� 0.00 PEID Via: Total: 0606101 & REC0.TT-10 PD 0.00 0605284 A & RE= -10 PD 0.00 PEIDd: Paid: Total: 0660003425 Disaster flyers PD 0.00 PEID d: ikm Paid: Tbtal: 532 P 0.00 NE PD 155 06�0.00 15210 JCI\E 06 La[R EMP PD 0.00 PEIDU� d: Paid: Dist. Ant 0.00 16.32 16.32 107.79 0.00 107.79 107.79 1,000.00 0.00 1,000.00 1,000.00 24.70 12.35 0.00 37.05 37.05 612.50 997.50 0.00 1,610.00 1,610.00 594:61 0.00 594.61 594.61 202.50 202.50 202.50 0.00 607.50 City of Azusa HP 9000 08/17/06 O P E N H 0 L D D B LISTING By PersaVEntity Nare Page 3 Q][T Aim 17, 2006, 8:25 PM --ieq: ROSE ------leg: a JL--loc: BI -=---job: 462354 #J1017 --- prcg: C -I400 <1.34> --report id: CHFLTRO2 SE= FUSD Climes: 80-82 ; a Posting Kites: 070105-063006 ; Check Issue Kites: 071606-073106 PE ID PE Narre AC= N[TVEER / JOB NUEER Invoice Niter Descidpticn St Disc. Ate. Dist. Ate. V09301 V08192 0191914M V00877 ��.a • •�a� :r r YYY Y :rY • ,�.a • •�a� :r r rrY Y :YY Swa • `dal :1 Y /r1 Y :YY �• • a� �• �� ia•• � :��YYYrYYY Y •� jai:• :� Y ��� Y::YY . SCS EMINE RS 8010125000-6399/505700-6399 FIMMOOMMOMINOWN ITITOTIIY::�Y . r i •a. �0 :Y Y Yrr . SIPSE MAID OF E 8010110000-6493/504800-6493 752733 6/06 PEST SVC -62 PD 0.00 752732 6/06 PEST Safi -63 FD 0.00 To 607.50 0018350 061306 0018351 6/06 PRJ M3VT-LW FD 0.00 5[06 FR,T M3,T-IM FD 0.00 Pill M3 II PD 0.00 1,102.50 1,687.50 5,468.75 Total: PEID d: 0.00 3.99 Paid: Total: 8,258.75 8,258.75 063006 Pre-tax Dental B PD 00.00 149.94 FEID 0.00 Paid: 149.94 'Ibtal: 149.94 063006 MOVI E PHASE 2 PD 0.00 4,235.00 P= Ted: 0.00 Paid: Total: 4,235.00 4,235.00 0055884 PH I SITE ASEaE PD 0.00 3,200.00 PEmd 3,200.00 Total: 3,200.00 12316 DEP= INSFBCILO FD 0.00 347.00 P= Cyd: 0.00 Paid: 347.00 Total: 347.00 752733 6/06 PEST SVC -62 PD 0.00 752732 6/06 PEST Safi -63 FD 0.00 95.00 55.00 PEID d: 0.00 d: 150.00 Total: 150.00 1588 city tile plaque PD 0.00 3.99 HP STING Fer�Eh THU ci of AJG 1712 06, 8:25 AM _08/17/06=------Oeg: GL JL--lc c: BI-TEZI-I---job:I462354 4nO17---x: 00 1134>--report id: CHFMR02 SELMT FUSD Oades: 80-82 ; CL FOsting Kites: 070105-063006 ; Check Issue Dates: 071606-073106 PE ID PE NEam AD= NUvEER / JOB NUMBER Irmice Mxrbar D---=pticn St Disc. Ant. Dist. Ant. PEID d: 0.00 d: 3.99 Total: 3.99 V00388 VFRIZCNT 8010110000-6915 062806 626-197-5078 PD 0.00 31.41 MID UTPaid: 0.00 Paid: 31.41 Total: 31.41 GRAND T 0 T A L 117 0.00 Paid: 28,678.86 Total: 28,678.86 WARRANT REGISTER NO. 02 FISCAL YEAR 2006-07 WARRANTS DATED 7/16/06 THROUGH 7/31/06 FOR REDEVELOPMENT AGENCY MEETING OF 8-21-06 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES .RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80 -110 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81 -155 -TAX INCREMENT SET-ASIDE FUND 82 -125 -CBD DEBT SERVICE FUND 82 -135 -WED DEBT SERVICE FUND 82 -185 -RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 17,702.77 26.258.45 290,161.36 503 061.33 277,112.24 $1.114.296.15 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2006. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the day of 2006. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary F .4 City of Aa>ssa HP 9000 08/17/06 O P E N H 0 L D D B LISTING By Pers ar/Entity Nam Page 1 AU 17, 2006, 8:26 AM --req: ROSE ------leg: GL JL--1cc: BI -TECH --- jcb: 462356 #J1019 --- prog: CH400 <1.34> --report id: CHFLTR02 SELECT FUIID Cbcbs: 80-82 ; GL Ftstirr3 Kites: 070106-063007 Check Issue Dates: 071606-073106 PE ID PE Nacre AD= NUEER / JCB N vEER L ioice Nurber Da=pticn St Disc. Amt. Dist. Amt. V01305 AZLUA CITY FID C 8000000000-3035 2610/0601015 PR#15/06 PD 0.00 93.44 PEIDd: 0.00 d: 93.44 Total: 93.44 V00355 V00355 V00355 AZLUA PAMRCL ,AC 8000000000-3005 Q AzUSA PAYROLL AC 8000000000-3003 AZUSA PAYRCL AC 8000000000-3001 PR1506 PR1506 PR1506 Tmes Pbl/Wi FD 0.00 Taes Payable FI PD 0.00 Tis Pbl/Wi PD 0.00 913.28 507.04 2,965.27 PEIDTh� d: 0.00 Paid: Tbtal: 4,385.59 4,385.59 V04281 CALIFCR,1IA RENT 8010110000-6230 070106 06/07 UUES-CRA PD 0.00 3,410.00 PEID Cyd: 0.00 Paid: Total: 3,410.00 3,410.00 V00331 FEDERAL EXPRESS 8010110000-6521 111683747 117052788 PD 0.00 16.32 PEIDL�a� d: 0.00 Paid: 16.32 Total: 16.32 V03126 LIIVCC7LN NAT CML 8000000000-3010 2325/0601015 PR#15/06 PD 0.00 170.88 PEID d: 0.00 d: 170.88 Total: 170.88 V00353 V00353 RELIC E1v2L7= 8000000000-2728 PUBLIC EMPLOYEES 8000000000-3070 07063 07063 Pars Payable E1AP =BUYBACK PD 0.00 PD 0.00 3,155.94 29.32 PEOD Uvgdd: 0.00 Paid: 3,185.26 Total: 3,185.26 V09301 SAF-Elg-ARD HEALTH 8000000000-3052 071306 Pre-tax Dental B PD 0.00 164.50 PEID Lt paid: 0.00 City of Azusa HP 9000 08/17/06 O P E N H 0 L D D B LISTING By Pa�EYitity Nage �I[T AII; 17, 2006, 8:26 PM --req: FESE ------ leg: GL JL --lc c: BI -'IDD -I ---job: 462356 W1019 --- prog: CH400 <1.34> --report SECT FUU Ctdes: 80-82 ; GL Posting Dates: 070106-063007 Check Issue Dates: 071606-073106 PE ID PE Nane ACCIXNT MEEER / JCB NUEER Invoice Ninber Des r ticn St Disc. Ant. Paid: Total: V00253 SSM GNPRIK VALL 8010110000-6230 1236 ICSC AU\L AL NEPS PD 0.00 P=Paidd: : Tbtal: V08056 STPNDAM R\UURPN 8000000000-3044 1255/06010151PR##15/06 FD 0.00 B15/06 V08056 ZP1� SRNEURAN 8000000000-2725 1255/06010151 PD 0.00 PMD Uq)aid: Paid: Total: V06208 STPN<lM, -IM 8010110000-6140 072606 INTT D2FWALB&4E PD 0.00 Paid: Total: V06783 SIME SI= BAN 8000000000-3010 2315/0601015 PR415/06 PD 0.00 PEID T��d: Paid: Total: V00876 ➢ 'ILN MJR A 8000000000-3010 2335/0601015 PR415/06 PD 0.00 PEID tePaid:d: Total: V02752 WEBS FAROD RPM 8210135000-5950 15505600070606 S FD 0.00 V02752 WELLS FAR HANK 8210125000-5950 15505600070606 2003MM TA BaU FD 0.00 V02752 WELLS FAROD aW 8110155000-5950 15505600070606 2003MM TA BM PD 0.00 V02752 WELLS FPROD BANK 8110155000-5950 14056900070706 1997Nh� TA BaU PD 0.00 V02752 WELLS FAROD BANK 8210125000-5950 14056900070706 1997MM TA BM PD 0.00 V02752 WELLS FARM BANK 8210125000-5950 17301600070606 2005NFM TA BaU PD 0.00 V02752 WELLS FARM B* 8210135000-5950 K 17301600070606 2005 TA BM PD 0.00 •- e e -MO R I 164.50 164.50 5,000.00 0.00 5,000.00 5,000.00 174.56 58.98 0.00 233.54 233.54 294.81 I� f 577.55 0.00 577.55 577.55 170.88 M 9 9j, 10 200,353.02 232,479.06 165,525.04 124,636.32 193,823.06 76,759.21 76,759.22 City of Azusa HP 9000 08/17/06 O P E N HOLD D B LISTING By Per�Ehtity Nage GL JLr-lcc: BI-7FIS-I--- jcb: 462356 #J1019 --- pro3: CH400 <l.344> --report � 3 1d: 02 'II -IU, Aih 17, 2006, 8:26 PM --req: FSE ------leg: 6ECEZT .F[DD Godes: 80-82 ; Gds PcstirB Dates: 070106-063007 Check Issue Dates: 071606-073106 PE ID PE Norte AO= N YEER / JCB NU= Invoice Urner Description St Disc. Pmt. Dist. Ant. PENDd: 0.00 d: 1070,334.93 Total: 1070,334.93 V09408 ZWI13AF, SE'YFD S 8010125000-7099/650201-7099 071706 Miseellaneais FD 0.00 24289 Miscellares RV 0.00 26,258.45 26,258.45 V09408 �F, S=S 8010125000-7099/650201-7099 PEID d: 0.00 d: 26,258.45 'Intal: 26,258.45 Reversed: 26, 258.45 GRAND TOTAL �id: 6.00 Paid: 1114,296.15 Total: 1114,296.15 Reversed: 26,258.45 ORDINANCE NO. 2006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE TO ADD ARTICLE XVI REGARDING FLOODPLAIN MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article XVI of Chapter 14 is hereby added to the Azusa Municipal Code to read as follows: "ARTICLE XVI FLOODPLAIN MANAGEMENT REGULATIONS DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sec. 14-525 Statutory authorization. Sec. 14-526 Findings of fact. Sec. 14-527 Statement of purpose. Sec. 14-528 Methods of reducing flood losses. DIVISION 2. DEFINITIONS Sec. 14-529 Definitions. DIVISION 3. GENERAL PROVISIONS Sec. 14-530 Lands to which this article applies. Sec. 14-531 Basis for establishing the areas of special flood hazard. Sec. 14-532 Compliance. Sec. 14-533 Abrogation and greater restrictions. Sec. 14-534 Interpretation. Sec. 14-535 Warning and disclaimer of liability. DIVISION 4. ADMINISTRATION Sec. 14-536 Designation of the Floodplain Administrator. Sec. 14-537 Duties and responsibilities of the Floodplain Administrator. Sec. 14-538 Development permit. Sec. 14-539 Appeals. DIVISION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. Sec. 14-540 Standards of construction. Sec. 14-541 Standards for utilities. Sec. 14-542 Standards for subdivisions and other proposed 1 development. Sec. 14-543 Standards for manufactured homes within manufactured home parks or subdivisions. Sec. 14-544 Standards for recreational vehicles. Sec. 14-545 Floodways. Sec. 14-546 Mudslide (i.e., mudflow) prone areas. DIVISION 6. VARIANCE PROCEDURE. Sec. 14-547 Nature of variances. Sec. 14-548 Conditions for variances. Sec. 14-549 Appeal board. DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sec. 14-525. Statutory authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Azusa does hereby adopt the following floodplain management regulations. Sec. 14-526. Findings of fact. A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses. Sec. 14-527. Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to: A. Protect human life and health; 2 B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 14-528. Methods of Reducing Flood Losses. In order to accomplish its purposes, this article includes methods and provisions to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. F. These regulations take precedence over any less restrictive conflicting . local laws, ordinances and codes. DIVISION 2. DEFINITIONS 3 Sec. 14-529. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. "A zone" - see "Special flood hazard area". "Accessory structure, low-cost and small" means a structure that is: 1. Solely for the parking of no more than 2 cars; or limited storage (small, low cost sheds); and 2. Any building exempted from a permit as described in Section 106.2 of the 2001 California Building Code. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this article. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the patli of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100 -year flood"). Base flood is the term used throughout this article. "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1 -V30 that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Building" - see "Structure" "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 22, 2006. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and 2. The condition resulting from flood -related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 5 "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source - see "Flooding." "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93. "Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the 'Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization" as related to Division 6 of this article, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one -hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of 11 cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" is the City Council of the City of Azusa. "Hardship" as related to Division 6 of this article means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is m2 exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; . 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 7 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The flood openings standard in Section 14-540.C.3; b. The anchoring standards in Section 14-540.A; c. The construction materials and methods standards in Section 14-540.1.6; and d. The standards for utilities in Section 14-541. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does nat include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Azusa substantial damage/improvement procedures. See Section 14-537.6.1. . "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this article, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this article. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or n change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One -hundred -year flood" or "100 -year flood" - see "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Division 6 of this article, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, .in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet flow area" - see "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al -A30, AE, A99, or, AH. W, "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the extemal dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article. "Violation" means the failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or 10 other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 'Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. DIVISION 3. GENERAL PROVISIONS Sec. 14-530. Lands to which this article applies. The provisions of this article shall apply to all areas of special flood hazards within the city limits of the City of Azusa. Sec. 14-531. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for City of Azusa" dated July 6, 1998, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the City of Azusa Department of Public Works, Engineering Division, at Azusa City Hall, 213 E. Foothill Blvd., Azusa, CA 91702-1295. Sec. 14-532. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. Sec. 14-533. Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. S ec.14-534. Interpretation. In the interpretation and application of this article, all provisions shall be: A. Considered as minimum requirements; 11 B. Liberally construed in favor of the city; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 14-535. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. 12 DIVISION 2. ADMINISTRATION. Sec. 14-536. Designation of the Floodplain Administrator. The City Engineer is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions. Sec. 14-537. Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: Review all development permits to determine: 1. Permit requirements of this article have been. satisfied, including determination of substantial improvement and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase. the water surface elevation of the base flood more than 1 foot at any point within the City of Azusa; and 5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. 1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." 2. Assure procedures are coordinated with other departments/divisions and implemented by community staff. 13 • , M • - • • • u. • • e - • • • o . When base flood elevation data has not been provided in accordance with Section 14-531, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Division 5. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. F .. OTI• • e.-. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of 14 the community clearly delineating the new corporate limits. �iiiiiiiiiiiiiiiiiTsTATu- •�••••• !- ••u -I Obtain and maintain for public inspection and make available as needed the following: 1. Certification required by Section 14-540.C.1 and Section 14-543 (lowest floor elevations); 2. Certification required by Section 14-540.C.2 (elevation or floodproofing of nonresidential structures); 3. Certification required by Sections 14-540.C.3 (wet floodproofing standard); 4. Certification of elevation required by Section 14-542.A.3 (subdivisions and other proposed development standards); 5. Certification required by Section 14-545.B (floodway encroachments); and 6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 14-539. � 1.1 1I_ . . Take action to remedy violations of this article as specified in Section 14-532. Complete and submit Biennial Report to FEMA. Assure community's General Plan is consistent with floodplain management objectives herein. Sec. 14-538. Development permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of .special flood hazard established in Section 14-531. Application for a development permit shall be 15 made on forms furnished by the City of Azusa. The applicant shall provide the following minimum information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 14-531 or Section 14-537.C; 6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 14- 540.C.2 of this article and detailed in FEMA Technical Bulletin TB 3-93. B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 14-540.C.2. C. For a crawl -space foundation, location and total net area of foundation openings as required in Section 14-540.C.3 of this article and detailed in FEMA Technical Bulletins 1-93 and 7-93. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 14-537.E of this article. Sec. 14-539. Appeals. The City Council of the City of Azusa shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of the provisions of this article. DIVISION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. Sec. 14-540. Standards of construction. In all areas of special flood hazards the following standards are required: All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: 1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. . me M.. .. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation. 17 b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 14-537.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. ME Le==G M, M ff WOTITR Grm.� All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 14-540.C.1 or: a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 14-540.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of Section 14-540.C.2.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria: a. For non -engineered openings: 18 1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. LWjM7MFTA n7_r-I . n a. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section 14-540.C. b. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 14-543. Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 14-540.C.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 14-540.8. 2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB -6. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Division 2, may be constructed such that its floor is below the'base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: 19 a) Use of the accessory structure must be limited to parking or limited storage; b) The portions of the accessory structure located below the BFE must be built using flood -resistant materials; c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; e) The accessory structure must comply with floodplain encroachment provisions in Section 14-545; and f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 14-540.C.3. 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 14-540. Sec. 14-541. Standards for utilities. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. Sec. 14-542. Standards for subdivisions and other proposed development. A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).. 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is, filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered civil engineer C1 or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade. B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. Sec. 14-543. Standards for manufactured homes within manufactured home parks or subdivisions. All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 14-540.A, construction materials and methods requirements in Sections 14-540.6, flood openings requirements in 14-540.C.3, and garages and low cost accessory structure standards in 14-540.C.5. Ante: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section 14- 540.C. A. All manufactured homes that are placed or substantially improved, on sites located: (1) in a new manufactured home park or subdivision; (2) in an expansion to an existing manufactured home park or subdivision; (3) or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall: 1. Within Zones A11-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 14-543.A will be securely fastened to an adequately 21 anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. Sec. 14-544. Standards for Recreational Vehicles. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Azusa B. Within an adopted regulatory floodway, the City of Azusa shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. C. If Sections 14-545.A & B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Division 5. Sec. 14-545. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within WA Zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Azusa. B. Within an adopted regulatory floodway, the City of Azusa shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. C. If Sections 14-545.A & B are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Division 5. Sec. 14-546. Mudslide (i.e., mudflow) prone areas. A. The Floodplain Administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area. B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to: 1. The type and quality of soils; 2. Evidence of ground water or surface water problems; 3. Depth and quality of any fill; 4. Overall slope of the site; and 5. Weight that any proposed development will impose on the slope. C. Within areas which may have mudslide hazards, the Floodplain Administrator shall require: 1. A site investigation and further review by persons qualified in geology and soils engineering; 2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages; 3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and 23 4. Drainage, planting, watering, and maintenance not endanger slope stability. DIVISION 6. VARIANCE PROCEDURE. Sec. 14-547. Nature of variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City of Azusa to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 24 Sec. 14-548. Conditions for variances. A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Divisions 4 and 5 of this article have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Division 2 of this article) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary' means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief andpreserve the integrity of the local ordinance. E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. Sec. 14-549. Appeal board. 25 A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. ,Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; . 9. Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; 2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and 26 other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 14-549.A through 14- 549.D are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. D. Upon consideration of the factors of Section 14-548.A and the purposes of this article, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. Secs. 14-532-14-555. Reserved." Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) ("CEQA") pursuant to Section 15308 of the State CEQA Guidelines, because the Ordinance sets forth specifications and procedures for the maintenance, restoration, enhancement, and protection of the environment. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's Office within five (5) working days of the adoption of this Ordinance. Section �. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 4. This Ordinance shall become effective thirty (30) days after its adoption. Section 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this _ day of 2006. ATTEST: Vera Mendoza 27 Diane Chagnon Mayor I, VERA MENDOZA, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2006. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2006, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 9E 6' ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/ CHIEF FINANCIAL OFFICER TONY GARCIA, BUYER VIA: F.M. DELACH, CITY MANAGER DATE: August 15, 2006 SUBJECT: AN URGENCY ORDINANCE FOR PURCHASE OF TRANSFORMERS AND PRIMARY COPPER CABLE AND A REGULAR ORDINANCE REGARDING AMENDMENTS TO THE CITY'S PURCHASING ORDINANCE REGARDING INFORMAL BID LIMITS FOR PUBLIC PROJECTS, SUBSEQUENT CONTRACT AWARDS FOR PROFESSIONAL SERVICES AND PURCHASE OF TRANSFORMERS AND PRIMARY COPPER CABLE RECOMMENDATION It is recommended that City Council consider any public comments, waive further reading, read by title only and introduce the following ordinances: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 2-518 OF ARTICLE VII OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING PURCHASES OF TRANSFORMER EQUIPMENT AND PRIMARY COPPER CABLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING INFORMAL BID LIMITS FOR PUBLIC PROJECTS, SUBSEQUENT CONTRACT. AWARDS FOR PROFESSIONAL SERVICES AND PURCHASES OF TRANSFORMER EQUIPMENT AND PRIMARY COPPER CABLE EXECUTIVE SUMMARY The attached Urgency Ordinance authorizes informal bidding procedures for purchases of transformers and/or primary copper cable up to $75,000. The attached Urgency Ordinance also authorizes the City Manager to award such purchases up to $75,000. The Urgency Ordinance will take effect immediately upon its adoption. City staff has also prepared the attached regular Ordinance to take effect in the standard time frame — 30 days after adoption at second reading. The attached regular Ordinance increases the informal bid limits for public projects in accordance with recent increases by the State Controller's office. The proposed regular Ordinance also limits subsequent contract awards for professional services to $10,000 in a fiscal year to any one consultant or contractor. The proposed regular Ordinance also authorizes informal bidding procedures for the purchase of electrical transformers, as in the above Urgency Ordinance, and repeals the Urgency Ordinance when the regular Ordinance becomes effective. BACKGROUND Urgency Ordinance Regarding the proposed Urgency Ordinance, the State of California has experienced record -high temperatures during the past several weeks. The high temperatures have significantly increased the demand for electrical power used by homes, businesses, year-round schools and hospitals. The increased demand for electrical power has created power outages all over the State that, in some cases, have lasted for days and caused serious physical harm. Any increase in demand for electric energy also increases the City' need to replace electrical transformer equipment and consequently increases the need for primary copper cable used in conjunction with replacement of electrical transformers. The critical need for uninterrupted electric energy service during these record -high temperatures requires the City to replace electrical transformers quickly. However, the costs for an electrical transformer and the primary copper cable required for replacement of a transformer can individually exceed the City's limit of $25,000 for equipment purchased without the formal bid process. The formal bid process provided in the City's current purchasing regulations is lengthy and would create additional hardship for residents who are currently suffering through the record -high temperature of this summer heatwave. To address this problem, staff has prepared the proposed Urgency Ordinance, which will allow the use of any alternative purchasing procedure for purchases of electrical transformers and primary copper cable up to $75,000 per transformer or unit of copper cable. California Government Code section 36937 allows the City to adopt an urgency ordinance with a 4/5 vote, after making certain findings, which include that the urgency ordinance is required for the immediate. preservation of the public peace, health or safety. The proposed Urgency Ordinance makes the required findings and will reduce N the risk of public health hazards and related physical injuries from the effects of electric power outages during periods of high temperature weather conditions. Based upon City staffs assessment of the ongoing problem of increased demand on electric energy services due to record -high summer temperatures, City staff has requested that the proposed Urgency Ordinance be adopted by the City Council. Regular Ordinance Regarding the proposed regular Ordinance, last year, the State Controller's office increased the informal bid limits listed in the Act to the following levels: • From $25,000 to $30,000 (Pub. Contract Code § 22032, subd. (a).) • From $100,000 to $125,000 (Pub. Contract Code §§ 22032, subds. (b), (c); 22034, subd. (f).) ■ From $110,000 to $137,5000 (Pub. Contract Code § 22034, subd. (f).) These higher informal bid limits went into effect on July 1, 2005, as stated in the attached letter dated April 29, 2005 from the State Controller. In connection with the State Controller's actions, the Legislature is currently considering Senate Bill 1196, which will amend the Act by incorporating the higher informal bid limits listed above. Since SB 1196 will merely codify the new bid limits that are already in effect, no opposition to the bill is anticipated. As a result, the new informal bid limits are expected to become law effective January 1, 2007. To conform with the changes implemented by the State Controller and soon to be codified as State law, Staff wishes to amend the City's existing purchasing regulations to include the new informal bid limits. In addition, the regular Ordinance sets a limit of $10,000 as the total amount that any one contractor can receive from the City in a fiscal year for professional services agreements. Any amount over $10,000 for professional services from any one contractor will require City Council approval. City staff has also incorporated into the proposed regular Ordinance the same provisions from the Urgency Ordinance for purchasing electric transformers and/or primary copper cable. These provisions would take effect in the standard time period of 30 days after adoption at second reading. The regular Ordinance also includes language to automatically repeal the Urgency Ordinance once the proposed regular Ordinance becomes effective. FISCAL IMPACT The proposed Urgency Ordinance and regular Ordinance amend the purchasing regulations of the City to allow alternative purchasing procedures for purchases of electrical transformer equipment and/or primary copper cable up to $75,000. The adoption of the two Ordinances does not create a fiscal impact for the City. Under the City's existing purchasing regulations, electrical transformer equipment and primary copper cable may be purchased under the City's formal bidding procedure. Therefore, the proposed Ordinances do not change the City's ability to purchase transformer equipment and primary copper cable — the ordinances merely streamline the procedure for the City to purchase such equipment and materials. 3 In addition, no negative financial impacts are anticipated from adoption of the proposed regular Ordinances regarding the increased informal bid limits and the limitation on professional services agreements From a financial standpoint, the increased informal bid limits will further expedite the process for contracting for public projects. ENVIRONMENTAL IMPACT The proposed ordinances will not create an impact on the environment. Therefore, the proposed ordinance are not subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on.the environment). City staff will prepare and file a Notice of Exemption as soon as possible following adoption of the proposed ordinances. M /:. ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-518 OF ARTICLE VII OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING PURCHASES OF ELECTRICAL TRANSFORMER EQUIPMENT AND PRIMARY COPPER CABLE WHEREAS, the recent heat wave in the State of California has resulted in significantly higher demand for electric power to operate air conditioners and refrigeration units for residences, commercial businesses, year-round schools and hospitals; and WHEREAS, this higher demand for electric power has resulted in lengthy power outages all over the State, affecting millions of people, causing severe hardship and, in many cases, .physical injury due to the effects of heat exhaustion and other physical ailments resulting from long periods of exposure to high temperatures; and WHEREAS, during the summer heatwave, the City of Azusa has experienced temperatures that have greatly exceeded the average high temperatures for the City and have severely increased demand on the City's electric utility; and WHEREAS, in order to meet the increased demand on electric energy and protect the public from potential health hazards, the City must have the ability to quickly purchase electrical transformer equipment and primary copper cable when replacement of such equipment and cable becomes necessary in order to avoid power outages; and WHEREAS, the City has identified the need for the purchasing regulations of the City to be amended to include a higher dollar limit for the purchase of electrical transformer equipment and primary copper cable in order to expedite purchasing of such equipment and cable to ensure the City's ability to provide electric energy to Azusa residents; and WHEREAS, the City Council desires to adopt the provisions of the Azusa Municipal Code as amended by this Urgency Ordinance, which are intended to reduce the risk of public health hazards and related physical injuries from the effects of electric power outages during periods of high temperature weather conditions; and WHEREAS, it is necessary for the amendments to the Azusa Municipal Code, as provided herein, to take effect immediately so that the new purchasing limits, as set forth in the amendments, may be implemented for the benefit of Azusa residents; and WHEREAS, immediate amendment of the provisions pertaining to the purchasing limits for electrical transformer equipment and primary copper cable, as set forth in this Urgency Ordinance, will be in the interest of the public health, safety and general welfare and will help to diminish the risk of personal injury and death that may result from exposure to high temperature weather conditions and ensure that the City can continue to provide uninterrupted electric energy services to Azusa residents; and WHEREAS, California Government Code section 36937 empowers cities to adopt, by a four-fifths vote, an urgency ordinance which is necessary for the immediate preservation of the public peace, health or safety; and WHEREAS, the City Council has determined that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health and safety to reduce the risk of personal injuries related to electrical power outages during periods of high heat weather temperatures. THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 2-518, subsection (c) of Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(c) $25,0000 or more. Purchases of supplies and equipment of more than $25,000 shall, except as otherwise provided in this article, be awarded by the city council pursuant to the Azusa formal competitive purchasing procedure. Notwithstanding this subsection, purchases of electrical transformers and/or primary copper cable in an amount of up to $75,000 per transformer or units of primary copper cable may be bid out by any alternative purchasing procedure and a contract for said purchases may be awarded by the city manager." SECTION 2: The passage of this Urgency Ordinance is necessary in order to preserve the public peace, health and safety for the reasons set forth in the Recitals above. SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Urgency Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 4: This Urgency Ordinance shall take effect immediately upon its adoption. SECTION 5: This Urgency Ordinance is enacted pursuant to Government Code sections 36934 and 36937 for the immediate preservation of the public peace, health and safety. 2 SECTION 6: The City Clerk shall certify the adoption of this Urgency Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 21st day of August, 2006. Diane Chagnon Mayor Attest: Vera Mendoza City Clerk ORDINANCE NO. 2006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING INFORMAL BID LIMITS FOR PUBLIC PROJECTS, SUBSEQUENT CONTRACT AWARDS FOR PROFESSIONAL SERVICES AND PURCHASES OF ELECTRICAL TRANSFORMER EQUIPMENT AND PRIMARY COPPER CABLE THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-515 of Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 2-515. Public project bidding and contracting. (a) $30,000.00 or less: Public projects of $30,000.00 or less may be awarded by the director of the department responsible for the project by any alternative purchasing procedure. (b) $30,001.00 to $125,000.00: Public projects of more than $30,000.00, but less than or equal to $125,000.00 may, except as otherwise provided in this article or the Act, be awarded by the city manager pursuant to the public project informal competitive purchasing procedure. If all bids received are over $125,000.00, the city council may, with the approval of a four-fifths vote of those members present, award the contract in an amount not exceeding $137,500.00 to the lowest responsive and responsible bidder, so long as the city council also determines that the city's cost estimate for the project was reasonable. (c) $125,001.00 or more: Public projects of more than $125,000.00 shall, except as otherwise provided in this article or the Act, be awarded by the city council pursuant to the formal competitive purchasing procedure. (d) City engineer approval: The city engineer shall review and approve the working details, drawings, plans and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property. (e) City council approval: The city council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than $125,000.00. (f) Award: Contracts for public projects of $30,000.00 or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than $30,000.00, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses." Section 2. Section 2-517 of Article VII of Chapter 2 of the Azusa Municipal Code is hereby amended by adding a new subsection (h) to read as follows: "(h) Subsequent Contract Awards: Notwithstanding anything herein to the contrary, neither a department head nor the city manager shall award a subsequent, contract without City Council approval when the award of that subsequent contract will result in the City paying an aggregate amount of ten thousand dollars ($10,000) or more to the contractor in any given fiscal year. For purposes of this subsection, subsequent contracts are contracts with the same individual or entity that the City has contracted with for the delivery of professional services within any one City fiscal year." Section 3. Section 2-518, subsection (c) of Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(c) $25,0000 or more. Purchases of supplies and equipment of more than $25,000 shall, except as otherwise provided in this article, be awarded by the city council pursuant to the Azusa formal competitive purchasing procedure. Notwithstanding this subsection, purchases of electrical transformers and/or primary copper cable in an amount of up to $75,000 per transformer or units of primary copper cable may be bid out by any alternative purchasing procedure and a contract for said purchases may be awarded by the city manager." Section 4. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Urgency Ordinance No. is hereby repealed. Section 6. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 21 st day of August 2006. 04 ATTEST: Vera Mendoza City Clerk 3 Diane Chagnon Mayor