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HomeMy WebLinkAboutAgenda Packet - January 02, 2007 -CCw AGENDA 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 TUESDAY, JANUARY 2, 2007 6:30 P.M. IOSEPH R. ROCHA MAYOR PRO -TEM ANGEL CARRILLO COUNCILMEMBER Copies ofstaffreports or other written documentation relating to each item of busnessrefened 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 CEREMONIAL Swearing In of new Officers from the Academy as follows: Seth Chapman, Nick Covarrubias, Christopher Grant, and Jesus Qesse) Landa. Swearing In of Lateral Officers: Brandon Saenz and Roland Martinez. Promotional Acknowledgment of Sergeant Xavier Torres and Sergeant Michael Bertelsen. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Gov. Code Sec. 54946 (a). Case name: Richard Stanford v. City of Azusa, Case Number: Superior Court of the State of California - Case No. KC 048062 REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 1 10-190 West Ninth Street, Azusa, CA 91702 Negotiating Parties: Weiss Family Limited Partnership . 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 — Reverend Le Roy of the First Assembly of God Church ROLL CALL A. PUBLIC PARTICIPATION (Person/Group shall be a//owed to speak without interruption up to five (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 handled 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 ITEM PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 33BD YEAR PROGRAM (FY 2007/08). RECOMMENDED ACTION: Open the public hearing, receive testimony and presentation of the proposed projects, close the Public Hearing. Waive further reading and adopt Resolution'No. 07-C P, approving the 33rd Year CDBG projects. 2. ISSUANCE OF BONDS WITHIN IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO 2005-1 (ROSEDALE). RECOMMENDED ACTION: Waive further reading and adopt Resolution No. 07-C2, authorizing and pro 'ding for the issuance of special tax bonds within Improvement Area No. 1 of Community Facities District No. 2005-1 (Rosedale) ("CFD No.. 2005-1 "). 01/02/07 PAGE TWO 3. AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AZUSA'S COMMERCIAL VEHICLE PARKING REGULATIONS. RECOMMENDED ACT�ider any pyNic comments during the public hearing, waive further readiner ad by title only atroduce the following ordinance: f\ '/ AN ORDINANCE CI16VEHICLE AMENDING CHAPTER OF AZU ArMUNICPAL OE REYU VRCIAL PARKING. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Counci/members or Staff wish to address any item on the Consent Calendar individual/y, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 18, 2006. RECOMMENDED ACTION: Approve Minutes as written. 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). PURCHASE OF ONE DEAD -FRONT. AIR INSULATED PADMOUNT SWITCH AS BACK-UP FOR THE ROSEDALE DEVELOPMENT PROIECT. RECOMMENDED ACTION: In accordance with Section 2-511 under Article VII, Bidding and Contracting, of the Azusa Municipal Code, titled "Alternative Purchasing Procedure", approve the issuance of a Purchase Order in an amount not to exceed $11,813 including sales tax and freight charges, to Federal Pacific of Bristol, VA, for the purchase of one Dead -Front, Air Insulated Pad Mounted Switch. 4. CITY TREASURER'S REPORT AS OF NOVEMBER 30, 2006. RECOMMENDED ACTION: Receive and file the Report. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-C3. THE CITY COUNCIL TO RECESS AND THE REDEVELOPMENT AGENCY TO CONVENE E. AGENCY SCHEDULED ITEM 1. SELECTION OF DAKTRONICS FOR REPLACEMENT OF THE READER BOARD AT AZUSA AND 210 FREEWAY. RECOMMENDED ACTION: Select Daktronics as the firm for the replacement and management of the reader board located at Azusa Avenue and the 210 Freeway. 01/02/07 PAGE THREE F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. ff Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1, APPROVAL OF MINUTES OF THE REGULAR MEETING OF DECEMBER 18, 2006. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF NOVEMBER 30, 2006. RECOMMENDED ACTION: Receive and file the Report. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 07-111. G. / ORDINANCES/SPECIAL RESOLUilONS �I. PROPOSED ORDINANCE REGARDING MUNICIPAL CODE AMENDMENT TO PROHIBIT MEDICAL MARIIUANA DISPENSARIES. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 07-01, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AZUSA MUNICIPAL CODE CHAPTER 18, BUSINESS, ADDING SECTION 18-31 TO PROHIBIT IN ALL ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT CONTRAVENE STATE OR FEDERAL LAW. H. ADIOURNMENT Adjourn. UPCOMING MEETINGS: January 16, 2007, (Tuesday) City Council Meeting - 6:30 p.m. January 22, 2007, Utility Board Meeting - 6:30 p.m. February 5, 2007, City Council Meeting - 6:30 p.m. February 20, 2007, (Tuesday) City Council Meeting - 6:30 p.m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a citymeeting, please contact the City Clerk at 626-812-5229. Notification three (3) workingdays prior to the meeting when specialservices are needed will assiststaffin assuring that reasonable arrangements can be made to provide access to the meeting. 01/02/07 PAGE FOUR Page 1 of I Subj: Item D.1: December 18, 2006 City Council Meeting Minutes Date: 12/30/2006 1:24:23 P.M. Pacific Standard Time From: Cepil1o12 To: vmendoza@ci_azusa.ca.us, ctoscano@ci.azusa.ca.us CC: dchagnon ci.azusa.ca.us, dhardison@ciazusa.ca.us, khanks@ci.azusa.ca.us, acarrillo@ci.azusa.ca.us, jrocha@ci.azusa.ca.us, fdelach@ci.azusa.ca.us, marco.martinez@bbklaw.com, Cepillol2 Good afternoon ladies, The proposed minutes indicate that I made the following comments at the last City Council Meeting "Mr. Jorge Rosales addressed Council inquiring of the terms and conditions for the sale/purchase ofproperties located at 850 W. Tenth, and 975 W. Foothill Blvd., which are being discussed in closed session. " That is not what I asked! What I asked with respect to the 850 W. Tenth Street property was: Why is there an interest by the City in a property that is outside the Merged Redevelopment Area (both CBD and West End)? Is that a City property or currently leased by the City? If leased, for what use? With respect to the 975 W. Foothill Blvd. property, what I asked was: Why are there price terms and conditions being discussed in closed in a closed session on a property that has been owned by the Redevelopment agency since June 2006? The Redevelopment Agency purchased the property "as is" and with it's purchase it also ended up acquiring the lease of a business that has been doing business as a Night Club for as many years as I have lived in Azusa, which is 22 years. Please make sure that my comments get clarified and considered for the record. Thank you. Jorge V. Rosales Azusa Resident 162613747198 or 812-0363 Tuesday, January 02, 2007 America Online: Cepillo12 Page 1 of 1 Subj: Item D.3. -Purchase of Switch for Back-up Date: 12/30/2006 7:45:15 P.M. Pacific Standard Time From: Cepillo12 To: akreimeier@ci.azusa.ca_us CC: fdelach3_glazusa.cams, dchagnon@ci.azusa.ca.us, dhardison@ci.azusa.ca.us, khanks@ci.azusa ca.us, acarrillo@ci.azusa.ca.us, jrocha91702@yahoo_com, Cepillol2 Hi Alen, If eleven Dead -Front, Air Insulated Pad Mounted Switches were just purchased in August 2006, why wasn't a spare one purchased at that time? Why the sudden need for a back-up? Don't they have some type of guarantee period? Have they been installed and one failed or got damaged during installation? Jorge V. Rosales Ansa Resident 16261314-1198 or 812-0363 Tuesday, January 02, 2007 America Online: Cepillo12 Page 1 of 1 Subj: Item C. 1. Public Hearing -2007/08 CDBG Proposed Projects Date: 12/29/2006 4:41:26 P.M. Pacific Standard Time From: Cepillo12 To: bcoleman@ci.azusa.ca.us CC: fdelach@ci.azusa.ca.us dchagnon@g-azusa.ca.us, dhardison@ci.azusa.ca.us, acarcillo@ci.azusa.ca.us, khan ks@ci.azusa.ca.us, jrocha@ci.azusa.ca.us, Cepill_o12 Hello Bruce, 1. When did the City first receive notification of the preliminary 2007/08 CDBG fund allocation? 1110 --Ip l 2. When and how was City Staff and non- fit organizations notified of the availability of 2007/08 CDBG funds (i.e. NOFA)?1p(o, 3. Can I please have a copy of the NOFA that was distributed, including the analysis and selection criteria? 4. Why is there a 10% administrative amount being considered from the entire $623,543 instead of from only $329,836 ($623,543-$293,836) since $293,836 is only a pass through to repay the 108 loan? No oversight required! More funds into the Single Family Rehabilitation Program!! 5. Since the Public Service Funding allocation is so low, why not consider leaving the same level of funding for the After School Program at $40,000 in order to allow funding for two much needed programs for ESGVCH ($10,000) and Love, Inc. ($10,000). That is what the Administrative allocation is for to support these groups. This would reduce the Sr. Nutrition Program at $13,531. THANK YOU FOR YOUR CONSIDERATION> 6. How long has the Code Enforcement inspector been aboard? 7. Where can a resident of Azusa find out about the Single Family Housing Rehabilitation Program work? Thank you for your continued assistance. Jorge V. Rosales Amso Resident (62613747198 or 812-0363 Tuesday, January 02, 2007 America Online: Cepillo12 AGENDA ITEM/PUBLIC HEARING TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR �J1 VIA: F.M. DELACH, CITY MANAGER/�4,9 DATE: JANUARY 2, 2007 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 33 RD YEAR PROGRAM (FY 2007/08) RECOMMENDATION Open the public hearing, receive testimony and presentation of the proposed projects, and adopt the resolution approving the 33rd Year CDBG projects. BACKGROUND The City of Azusa has participated in the Community Development Block Grant (CDBG) Program since its inception in 1974, utilizing these funds for various housing and community development projects in the City. Annually, a public hearing is held to program the allocated CDBG funds for the next fiscal year. The preliminary new allocation amount for 2007/08 is $623,543, which is the same as last year. There is an additional $26,036 in prior year funds available for reprogramming -a total of $649,579. Of the total funds, $293,836 is required for repayment of a Section 108 loan which was used to fund the Downtown Azusa Streetscape Project. The remaining $355,743 is available for programming into program administration, local housing, public/social service, public improvements and community development programs. In 2007/08, the 15% public service cap amount is $93,531(15% of $623,543), and the combined public service projects cannot exceed this amount. DISCUSSION Staff received two housing and eight public service proposals from City staff and nonprofit organizations. Requested public service funding totaled $152,000, exceeding the public service cap by $58,469. A copy of all the proposals are attached for your information. Staff analyzed all of the proposals. Analysis was based on, in order of importance, 1) benefit to low/moderate income, 2) number of Azusa residents assisted, 3) whether the project meets the minimum funding threshold requirement of $10,000, 4) Council priority as expressed at the Goal - Setting Session, 5) if the project is a City -staffed project, 6) if the project is a City -based project, and 7) whether the project is a continuing program. All applicants are required to/ have prior CDBG funding experience and administrative capacity. Honorable Mayor and City Council Members CDBG 33`d Year (FY 2007/08) Allocation January 2, 2007 Page 2 Staff then analyzed the public service funding amounts requested. Since funding requests were higher than the overall amount available for all projects, staff has recommended revisions and/or deletions to the requested amounts. Staff also took into account that all non -profits must be annually monitored at their site by City -staff, incurring additional City staff hours. The following is a list of all the 33`d Year project proposals and staff recommendations: Administration/Planning Projects Administration: This ongoing project provides reimbursement for the time spent administering the CDBG program, including preparation of all reports, Memoranda of Understanding, contracts, reviews of federally required documentation, financial monitoring, preparation of federally approved bid packages, Davis -Bacon payroll compliance, project management, office supplies, etc. The requested allocation of $62,354 is consistent with the 10% allowable amount for administration. This City - staffed project is recommended for funding at the amount of $62,354. Reduction in the administrative allocation would have negative impacts on the General Fund, would not adequately fund staff -time in the actual administration of the program, and could impact budget balance and general City services. Section 108 Loan Repayment: This ongoing project provides funding for debt service payments for the Section 108 Loan, which was used for Downtown public improvements. In 2007/08, $293,836 is required for the principal payment of $270,000, and interest payments of $23,836. Final payment for this obligation is August 1, 2008. This is a required funding obligation and must be approved for funding at $293,836. Housing and Code Enforcement Projects Code Enforcement Program/CDBG: This project would continue to fund salaries and benefits of one full-time community improvement inspector, who was hired in FY 2006/07, and would provide additional code enforcement activities concentrated in the eligible low -to -moderate income areas of the City (census tract numbers 4043, 4043.01, 4043.02, and 4045.02). The continued expansion of the code enforcement program would allow for an additional 600 properties to be inspected annually. This program will continue to work in conjunction with the Single Family Housing Rehabilitation Program, and fulfills one of the priorities set by Council at the Goal -Setting Session. Staff recommends funding this project at $68,600. Sin,gle Family Housing Rehabilitation Program: This owner -occupied single family housing rehabilitation program is ongoing. The maximum grant amount allowed for a single family residence is $8,000. Grants will be used to correct code and safety violations in conjunction with the Code Enforcement/Community Improvement Program, and make visible exterior improvements. Funds are provided based on income eligibility of each applicant. In 2005/06, this project was funded with CDBG funds in the amount of $185,000. In 2006/07, this funding threshold was maintained by using $79,417 in CDBG funds and $105,580 in Redevelopment Agency 20% Set -Aside Low -to -Moderate Income Housing funds. With the decrease in capital projects and code enforcement expenses, $131,258 in CDBG funds and $53,742 in Redevelopment Agency 20% Set -Aside Low -to -Moderate Income Housing funds could be used to fund this project, This multi -funded program would fund approximately 20-25 minor home repair grants for $154,000, and project management costs at $31,000. Additionally, the City anticipates generating five federally - funded $25,000 loans for major housing rehabilitation, totaling $125,000. HOME loans and their administration costs of $5,000/loan are funded directly from L.A. County CDC on a first come -first Honorable Mayor and City Council Members CDBG 33" Year (FY 2007/08) Allocation January 2, 2007 Page 3 served basis. In FY 2005/06, 20 rehab projects were completed with an improvement value of $152,500, and two HOME loan projects with an improvement value of $60,000 were under construction. Since this program's inception in 1991, 700 families have received over $4.OM in housing rehabilitation improvements. Staff recommends funding this project during FY 2007/08 with CDBG funds of $131,258, and budgeting an additional $53,742 in 20% Low -to -Moderate Income Housing Set -Aside redevelopment funds for this program in 2007/08. Public Service Projects (Subject to the 15% Public Service Cap of $93,531) Funding for public service projects has been severely limited. It is always difficult to decide where to cut funding or delete a public service project. Although all of the proposed projects in some way address Azusa's community needs, staff recommendations focus on those projects that most closely comply with the analysis guidelines listed above. After School Playground Program: This City -staffed program is in its 12`h year of operation in conjunction with the School District. After school recreational and tutoring activities are currently provided at four school sites -Murray, Powell, Dalton, and Mountain View -to elementary -aged youths in conjunction with the Recreation and Family Services Department and School District. The Recreation and Family Services Department would like to add Lee and Gladstone Street Schools to their after school program, requesting a total of $60,000, at $10,000 per school. The program would serve approximately 1,100 children ages 5-14, with 116,640 annual contacts with children through a diversified, yet structured program of school year activities. Azusa Unified School District would supply the after school sites and grounds maintenance for the program. Although $60,000 is requested, due to limited funding, staff recommends funding this project at the reduced amount of $56,531. After school programs have been statistically proven to have positive impacts in crime and vandalism prevention. Homework House: This Azusa -based project was initially approved by Council in 2000/01, and will be in its 81h year. This program assisted 140 students from Kindergarten through 12`h Grade in 2005/06, providing tutoring, Summer Splash, and academic enrichment programs. A trained volunteer tutoring staff provides individualized instruction; and teacher evaluations and assessment tests measure the successes. Homework House also offers ESL classes to the parents, and a computer lab for the children. Homework House operates at two locations -its original House on 9th Street, and one in the Atlantis Gardens on 6`h and Glenfinnan. This City -based program has been successful in empowering a large number of at -risk Azusa children at a reasonable cost, and is leveraged with funding from several sources besides the City. Although Homework House has requested $20,000, due to funding constraints, staff recommends funding this project at $10,000. Staff would continue to work with the Homework House in pursuit of other County and State grant or funding programs. Sr. Nutrition Site Manager: This continuing project funds salaries and benefits of the part-time Sr. Nutrition Site Manager for the City's Senior Nutrition Program. The Sr. Nutrition Site Manager works an average of 25 hours per week, five days a week, supervising the Congregate and Home Delivered Meals Programs at the Azusa Senior Center. In 2007/08, an estimated 800 elderly persons 55 years or older would be served approximately 33,400 Congregate and Home Delivered Meals. The Sr. Nutrition Site Manager coordinates both programs, trains the volunteer food service workers, and coordinates special events geared toward educating the elderly on proper nutrition. This program is funded with State grants, client donations, and subsidies from the City's General Fund. Staff recommends funding this project at the requested amount of $17,000. Honorable Mayor and City Council Members CDBG 33" Year (FY 2007/08) Allocation January 2, 2007 Page 4 Sr. Referral and Case Management: This continuing program complements existing programs offered to seniors by the Azusa Senior Center. City -based referral and case management services are offered by social workers from the Santa Anita Family Service, a nonprofit organization, directly to Azusa seniors out of the Azusa Senior Center. Housing, nutrition, social security, disability and other concerns of the 55+ population of Azusa residents are addressed. This is the only program in Azusa offering immediate assistance to those senior residents in need. In 2005/06, 200 seniors were assisted. Santa Anita Family Service has requested funding of $10,000, and proposes to provide 384 hours of service to 225 senior residents. Staff recommends funding in the amount of $10,000 as requested. Cory's Kitchen: This organization offers various services to low income families including provision of groceries and clothing, job placement, a senior citizen yard maintenance program, and other self-help services. Although they have requested $20,000 for their various services, equipment, and office improvements, any funding from the City of Azusa would be limited to the cost of food and partial salaries applicable to Azusa residents only. This is not a City -based program, although Cory's Kitchen is located in Irwindale and currently serves 465 Azusa families. It has limited experience with CDBG funds and documentation requirements, having been funded $8,000 for the first time this year by the City of West Covina. Cory's IGtchen would require additional annual on-site monitoring by City staff due to its newness to federal funding documentation requirements. Due to the lack of available funding, staff recommends that this new project not be funded this fiscal year. Homeless Assistance/ESGV Coalition for the Homeless: This Hacienda Heights -based non-profit organization provides year-round emergency assistance and Emergency Winter Shelter to at -risk and homeless persons in the east San Gabriel Valley. Food, clothing, showers, diapers, blankets, information and referrals, motel vouchers, and advocacy for homeless persons are also provided. In 2004/05, services were provided to 89 individuals from Azusa. In lY 2005/06 and FY 2006/07, ESGVCH was not funded. ESGVCH has requested $10,000 funding for 2007/08, and proposes to assist 200 Azusa residents with year-round assistance and 75 residents with Emergency Winter Shelter services. Although this program is very helpful to Azusa residents, it is not a City -based program, and requires additional annual on-site monitoring by City staff. Due to the lack of available funding, staff recommends that this project not be funded this fiscal year. Inland Valleys lustice Center: This non-profit agency, located in Pomona, proposes to expand its community mediation program to Azusa, and assist 75 Azusa residents with dispute resolution services. A request of $5,000 would fund a part-time volunteer position and program outreach. Because this is a new non -City -based project less than $10,000, and there are no additional funds available at this time, staff does not recommend funding this project. Love. Inc.: This new faith -based project would offer food and motel vouchers to low income and at - risk homeless Azusa residents. Requested funding of $10,000 would be used primarily to purchase food and housing vouchers. This is not a City -based program, although this organization is located in Covina, and has served 158 Azusa residents this year. The organization has no prior experience with CDBG funding and the prerequisite federal documentation requirements. The organization would also not be able to use federal funds for any proselytization purposes. Because this is a new non -City - based project, there is a lack of prior CDBG funding experience, and there are no additional funds available at this time, staff does not recommend funding this project. - CITY OF AZUSA 33RD YEAR CDBG PROPOSED PROJECTS AND PRIOR YEAR FUNDING HISTORY FISCAL YEAR 2007-08 Original :Staff- Eligible Amount Amount Recommended. Amount Amount Amount. Amount Amount Submitted Projects Funded In Requested . Funding '" . Funded In Amount ; Funded In Amount Funded M. Amount Funded In Amount Funded In Amount For 2006-07. For 2007-08 11.. 2007-08 2005.06 Used 2004-05 Used 2003-g4:"' Used 2002A3 Used 2001A2 Used Administratipn110%Allowed) $62,354 $62354 562,354 $52,509 $52,509 $53,780 553.780 $54,675 $54,675 $71,703 $70,418 $70,646 $64,262 Sec 108 Ln Repmt-Funds $309,401 $293,836 ' J 8293,836 5329,960 $329,960 r $345,429 $345,429 - $355,526 $355.526 ' $370,241 $370,241 "r $379,554 $379.554 Capital Prolects v`i igt" $24,520 $11,973 Sidewalk lmprvmts-Virginia Ave e rt ' S � $48,140 $48,140 Picnic Shelters -Memorial Pk - 1 - $120,000. $120,000 Restrooms-Memorial Park i M 7"Fr ;� r $25,000 $25,000 Mtn View Playground Equip. sl ;„ - - s , - ,,, � $67 220 $55,488- Mtn View Relocatable Classnn v M ^, Woman's Club Handicapped -Access. $25,000 $107,578 $89,359 Facade Improvements Reslrooms-Slauson Park = $g$77,075 g $0 Pedestrian Breezeway e ' 41 $95 (IUDCar Over V$0 $0 Steel Shelter -Bandstand 530 000 Carry Overr Housing Projects ,- i 1 yk* z < ^ x qa ° s "`e $218,319 Sgl. Family Hsg. Rehab $79,417; $185000 �a ^ $137258_. rr $185000 $180,283 �s$185000 $155,479 14'.'1 $t81?SO $171,065 $ $246100 $224584 $246100 Code Enforcement Progrem h h $84470: $68,600 +n 568 600. `u ha - s 7: '` °' zz, Subtotal -Non -Public Svc: $x$560642 $609,790 s, * v,, $556,048 N"'$597469 $562,752 ��,9 $789,209 $631,763 <7 591'417 $581,266 .•.$666,044 $685243 ,+$1,482;756 $992.095 sf3 1�+�R,'2 �,41 a �' i. ch,,, -Md �#"7'(°q sf;9, yJ` ¢ �'i �'r�rh:)' a".�SF 9ryf''tM z rr AdWlic l Literacy Servicesce F6r�'�.<fik 4,1 '"'"` ;810,000 $806 v„rr`" y,$D: $0 $18 044 1 $71,297IY$16,6441 $11589 :ate $14760'. $13,882 $29,000 After School Playground Program ¢ ID $38;524" $60 000556 571':' zy $38 994 $38,994 ds $38,220: $38,220 $40,Op0 $40.000 aa` $30,000 $30,000 $29,000 Homework House `$20,000'. $20000 P^re ,1$10,000 $20 000 $20,000 $2t1902 $21,902 w,$20,000 $20,000 rv''$15,000' $15,000 ; $150170 $15,000 Sr. Nutrition Site Manager 9 "$15,007 ` $17000 - ¢$17,000 rn; "°$15000 $15,000 41 , a $15547 „„�� $15,547 r $17,OOb' r $t5,404µ a "$17000. $4,776 'x'1($0. $0 naU.t $15,000 Sr. Refertal&Case Mgmt $100001: $10000 '" $10,000 1$10000 $10,0170 '�,q $9750 ''„'f'G�i' $9,636 $55000. $15,1700�$1796tl $17345: *$15000' Cory's Kitchen 1',rtR';'$0 f"r $20000 t { $0Zx, 3t a", r, { 1 r g Graffiti Abatement $10,000 : A 1u r 1 SO U Mg v i AL $4875 $4,875# "U,;? $5000 $5,000 s $6000 $5,991 k$•,.. N V *f1 $3300. $2,880 Homeless Assistance/ESGVCH Homeless Outreach/Pere drips nT'ArA -5,,11y,,$0 s so $10000 ,,,P','" nGr t §;�`fm6-. :rWr $fi, $10000. $10,OW p;'t;� 1 $14625 $13,813 d� $15000 $15,000 l +�$2tl tl00 $217,000 +Y $15000 $15,000 Inland Valleys Justice Center Love Inc. r 3°$0 "aA rT $0 zs�p, �,^ $5000 ,a„N $0 $70000 *yrs s $0 5,"4+jG"a{,. af'`a°*>' 3 1; w'"r 117 iv✓o-:4.: ,1'.,11,Md Y J,V4'zf a1'T9i.:. < r.:, Project Sister Case Mgmt F/Disabled i' $0- °j 1 �^' :-"-� 'i"'R'$0. q$0 EO EO{zr-$S,Obb V r'',r .6 .000 $4,723 $1,439 > %P $6 000 $8,000 $10006 $5,991 ly $5,780. $5,780 �. $7500 $7,500 Referral YWCA -WINGS , e a: $0 r„�;;: " r , :- ,d'1.4,y�. uaa"`t, $4 875 $4,693 i 4'v $7,50b. $5.362 $12680 $11,508 111' $7500-. $7,500 $ -' "7 r * $10.190 Prior Year Discontinued Projects a r ¢t .a °^ '' ( ` -- x� ¢ $13,970 �il ba $13,970 n $13800 $13,800 , a'�,'$10,190 m, n'ii ..rny , •t ,+ a' a.ne aW vaW hvg4 Subtotal-Publlc Svc: $93,531 $152,000 "'• x. $93,531. $103,994 $94,600 $109,794 $108,686 $161,514 $147,195 $163,984 $142,000 $123,030 $121,712 Total Projects $654,173 , $761790 ' r $649,578 $701,463 1657.352 $879,003 $740449 $752,931 $728.461 $852,028 $807.243 $1,205,788 $1.113.807 Prier Year Funds Avail: $30,830 $26,036''''$26,036' $8,170 $147,037 $9,390 $135,003 $524,330 Annual Allocation Amt.: $623,W $623,543; ` $623,543 $693,293 $731,966 $750,978 $717,025 $706,458 Amount Under (Over) $0 $0 $0 $7,437 $0 $25,000 ($112,211)- $0 _ Y z*a�5152,000 •ry$93,531 f 'k r^r {w' Total Public Servwe:,1 r �;" ,`$93;5311 k�$103,994". x ;$109,794 ,6 z' 181,514 �'>' $163,984 15 %( 8 2005-08) Rublic SVC Ca $93 531 (Beg P 6 1`, .: $93 531 $93 531 $103 994 `, ^a $109,796 ' + F1 " " % $187,745 �` , �,k ° ° $179 256 "'.0.5848 .. �. $0 ttx mss. 5'", a ,"_, $0 an �x � r.r&0)". r o-��50 .. _=t. 33yrCouncilRepuestxls Run 11/212006 At 9:28 AM Honorable Mayor and City Council Members CDBG 33r° Year (FY 2007/08) Allocation January 2, 2007 Page 5 SUMMARY Twelve projects, including eight public service projects, requested funding. Although all the proposed projects are important and/or socially significant, staff is recommending funding those projects addressing Council's Goal -Setting Session priorities, projects staffed by City employees, and City - based projects. Although staff may recommend projects and project funding levels, final selection lies entirely with the City Council. This year, staff recommends funding eight projects, including four public service projects. Unfortunately, due to ever -decreasing available public service funds, staff has concentrated on those projects which are City -staffed and/or General Fund -funded, or City -based. A summary of all projects is listed below: Project Non -Public Service Projects: Section 108 Loan Repayment Administration Single Family Housing Rehabilitation Code Enforcement Program Subtotal: Requested Amount Recommended Amount $293,836 62,354 185,000 68.600 $609,79 Public Service Proiects (15% Can Limit of $93.531 $293,836 62,354 131,258 68.600 $556,048 After School Program $60,000 $56,531 Homework House 20,000 10,000 Sr. Nutrition Site Manager 17,000 17,000 Sr. Referral & Case Management 10,000 10,000 Cory's Kitchen 20,000 0 Homeless Assistance/ESGVCH 10,000 O Inland Valleys Justice Center 5,000 O Love INC 10.000 O Subtotal: $152,000 $93,531 GRAND TOTAL: $761.790 $649.579 FISCAL IMPACT Approved projects will be reflected in the 2007/08 Annual Budget. Recommended amount is based on preliminary planning figures. Staff will make any minor adjustments to reflect actual grant allocation to the City. Grant revenues reimbursing the various programs will offset project expenses of $649,579. CDBG programs not only allow the City to respond to community needs with little impact to the general fund, but decreases general fund subsidies on many programs. Prepared by: Roseanna J. Jara, Sr. Accountant -Redevelopment BACR)I/cs Attachments: Spreadsheet -33'd Year CDBG Proposed Project and Prior Year Funding History Resolution Public Hearing Notice CDBG Funding Requests RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECTS FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2007-08 WHEREAS, the City of Azusa is participating under the County of Los Angeles Community Development Block Grant Program; and WHEREAS, the City staff has considered and evaluated projects and programs fulfilling important community needs; and WHEREAS, the City Council has provided the opportunity for public input regarding the City's Community Development Block Grant Program for the 2007-08 program year. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa does hereby take the following actions: SECTION 1. Select and approve the Proposed Statement of Objectives and Projected Use of 33rd Year CDBG Funds attached hereto as Exhibit A and submit the approved projects to the Community Development Commission. SECTION 2. Approve inclusion of said projects in the City of Azusa Fiscal Year 2007-08 budget. SECTION 3. Authorize the Mayor or authorized designee to execute all necessary contracts and agreements with the Community Development Commission and with each approved recipient/subrecipient of the program, together with any changes therein which may be approved by the City Manager and, as necessary, the City Attorney. SECTION 4.. Authorize staff to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the preceding fiscal year. SECTION 5. The City Clerk shall certify the adoption of this resolution. PASSED AND APPROVED this day of , 2007. Mayor . I HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Azusa, at a regular meeting of said City Council held on the _ day of , 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk U1WPRDOGOR POS B0.OMMD GE1 3MR OWTJONDJC EXHIBIT A 33rd Year CDBG Projects F/Y 2007-08 Project Requested Amount Recommended Amount Non -Public Service Projects: Section 108 Loan Repayment $293,836 $293,836 Administration 62,354 62,354 Single Family Housing Rehabilitation 185,000 131,258 Code Enforcement Program 68,600 68,600 Subtotal: $609,790 $556,048 Public Service Projects (15% Cap Limit of $93,531) After School Program $60,000 $56,531 Homework House 20,000 10,000 Sr. Nutrition Site Manager 17,000 17,000 Sr. Referral & Case Management 10,000 10,000 Cory's Kitchen 20,000 0 Homeless Assistance/ESGVCH 10,000 0 Inland Valleys Justice Center 5,000 0 Love INC 10.000 0 Subtotal: $152,000 $93,531 GRAND TOTAL: 761 7 $649.579 FROM: BEST BEST & KRIEGER LLP, BOND COUNSEL VIA: F. M. DELACH, CITY MANAGER *0 - DATE: JANUARY 2, 2007 SUBJECT: ISSUANCE OF BONDS WITHIN IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO 2005-1 (ROSEDALE) RECOMMENDATION: It is recommended that the City Council adopt Resolution No. authorizing and providing for the issuance of special tax bonds within Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) ("CFD No. 2005-1"). BACKGROUND: The City of Azusa has previously entered into a Development Agreement, dated May 27, 2004, (the "Development Agreement") with respect to the developable land within the Monrovia Nursery. This property is currently owned by Azusa Land Partners, LLC (the "Developer"). The Developer is in the process of developing the property as a primarily residential project with some commercial and retail use. Under the Development Agreement, the City agreed to assist the Developer with the costs of construction of the public facilities by forming a community facilities district which would then be able to issue bonds to pay for the costs of the public facilities. The bonds would be repaid from special taxes to be levied on the taxable real property within CFD No. 2005-1. At the City Council meeting on June 5, 2006, the City Council formed CFD 2005-1 and authorized the issuance of bonds within Improvement Area No. 1 in an amount not to exceed $80,000,000. The City now desires to issue a series of Bonds within RV PU BIMSHAH1725078.1 Improvement Area No. 1. The bond proceeds may be used to finance certain public improvements, including but not limited to street improvements, water reservoirs, utility improvements, railroad and bridge improvements and school facilities. Expenses related to the ongoing district administration (including levying and collecting the special taxes) are to be funded by CFD No. 2005-1. The ultimate security behind the bonds would be the properties located within CFD No. 2005-1, not the City's General Fund. Pursuant to Council Policy for CFD -2005-1 special tax rates have been established so no parcels' overall annual property tax rate will exceed 2% of assessed valuation. This is inclusive of the 1 % general levy assessed on all properties within the City. The City Council is presented with the following resolution at its January 2, 2007 meeting. Approval of resolution authorizing and providing for the issuance of special tax bonds within Improvement Area No. 1 of CFD 2005-1 and approving the following documents: • Bond Indenture between the City and Wells Fargo Bank, National Association, acting as fiscal agent, sets forth the terms and condition under which the bond proceeds will be held and disbursed. • Paying Agent Agreement between the City and Wells Fargo Bank, National Association, acting as paying agent, sets forth the terms an conditions under which surplus taxes will be held and disbursed. • Bond Purchase Agreement provides for the sale of the Certificates to the Underwriter, Stone & Youngberg LLC, and sets forth the terms and conditions of the sale of the Bonds. • The Preliminary Official Statement describes information material to potential purchasers of the Certificates regarding, among other things, the Bond, the City, CFD 2005-1 and the Rosedale project. Due to the size of the above documents they are not attached to this report. They are available in the City Clerk's office where they can be reviewed by the public. FISCAL IMPACT: The issuance of bonds by CFD No. 2005-1 does not constitute a pledge of the City of Azusa's general funds and accounts or its taxing power, other than the obligation of the City to levy and collect the special taxes. The obligations of the CFD No. 2005-1 are a special limited obligation of the City payable solely from the special taxes. -2- RV PU B\MS HAH\725078.1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ACTING FOR ITSELF AND ON BEHALF OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS WITHIN IMPROVEMENT AREA NO. 1 OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, PAYING AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS RELATED THERETO AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS WHEREAS, the CITY COUNCIL of the CITY OF AZUSA, CALIFORNIA (this "City Council'), did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act') designated as COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) (the "Community Facilities District') for the purpose of financing the acquisition or construction of certain public improvements; and, WHEREAS, this City Council has previously declared its intention to issue bonds for the Community Facilities District to finance the acquisition or construction of such improvements, such bonds to be issued pursuant to the terms and provisions of the Act and the City of Azusa Debt Policy and Procedures (the "Goals and Policies"); and, WHEREAS, at this time this City Council desires to set forth the general terns and conditions relating to the authorization, issuance and administration of such bonds for the Community Facilities District; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: A. Bond Indenture by and between the City, for itself and on behalf of the Community Facilities District, and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Bond Indenture"); B. Paying Agent Agreement by and between the City and Wells Fargo Bank, as Fiscal Agent setting forth the terms and conditions related to the disbursement of certain special tax revenues; C. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the "Bond Purchase Agreement'); RV PUB\MS RAH\719043.1 D. Preliminary Official Statement containing information including but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement'); E. Continuing Disclosure Agreement by and between the City of Azusa, for itself and on behalf of Community Facilities District, and Wells Fargo Bank, National Association, as dissemination agent (the "Dissemination Agent'), pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Agreement'). WHEREAS, this City Council, with the aid of City of Azusa (the "City") staff, has reviewed and considered the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the Preliminary Official Statement and finds those documents suitable for approval, subject to the conditions set forth in this resolution; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed or have been ordered to have been preformed in due time, form and manner as required by the laws of the State of California, including the Act and the applicable policies and regulations of the City of Azusa. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA, THE FOLLOWING: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the Bonds (as defined herein): (a) The Goals and Policies generally require that the full cash value of the properties within the Community Facilities District subject to the levy of the special taxes must be at least 4 times the principal amount of the Bonds (as defined below) and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness"). The Act authorizes the City Council, acting on behalf of itself and as the legislative body of the Community Facilities District, to sell the Bonds only if the City Council has determined prior to the award of the sale of the Bonds that the value of such properties within the Community Facilities District will be at least 4 times the amount of such Land Secured Bonded Indebtedness. The value of the property within the Community Facilities District which will be subject to the special tax to pay debt service on the Bonds will be at least 4 times the amount of the Land Secured Bonded Indebtedness. RV PUBU4S HAH%719043.1 The foregoing determination is based upon the full cash value of such properties and development areas as shown upon an appraisal of the subject properties prepared by Bruce W. Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section 11340(c). Such determination was made in a manner consistent with the Goals and Policies. (b) The terms and conditions of the Bonds as contained in the Bond Indenture are consistent with and conform to the Goals and Policies. (c) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property therein, the negotiated sale of the Bonds will result in a lower overall cost to the Community Facilities District. SECTION 3 Bonds Authorized. Pursuant to the Act, this resolution (the "Resolution") and the Bond Indenture, special tax bonds of the Community Facilities District designated as "City of Azusa Community Facilities District No. 2005-1 (Rosedale) Improvement Area No. 1, 2006 Special Tax Bonds" (the "Bonds") in an aggregate principal amount not to exceed $80,000,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed. SECTION 4. Authorization and Conditions. The City Manager, the Assistant City Manager and the Administrative Services Director/Chief Financial Officer and such other official or officials of the City as may be designated in writing by this City Council or the City Manager (each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $80,000,000, an annual interest rate on the Bonds in excess of 6.25% per year and a purchase price for the Bonds not less than 98.8% of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by an Authorized Officer, upon consultation with and review by the City Attorney and Best Best & Krieger LLP, the City's bond counsel. SECTION 5. Bond Indenture. The form of Bond Indenture by and between the City, for itself and on behalf of the Community Facilities District, and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed for itself and on behalf of the Community Facilities District, subject to the provisions of Section 3 above. SECTION 6. Paving Agent Agreement. The form of Paying Agent Agreement by and between the City, for itself and on behalf of the District, and Wells Fargo Bank, National Association, with respect to the surplus tax revenues as presented to the City Council and on file RVPUB%MSHAn\7tW43.1 3 with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed, for itself and on behalf of the Community Facilities District, subject to the provisions of Section 3 above. Official Statement and Continuing Disclosure Agreement. The City Council hereby approves the form of the Preliminary Official Statement as presented to this City Council and on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the Administrative Services Director/Chief Financial Officer or, in the absence of the Administrative Services Director/Chief Financial Officer, another Authorized Officer. Pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") the Administrative Services Director/Chief Financial Officer or, in the absence of the Administrative Services Director/Chief Financial Officer, another Authorized Officer is authorized to determine when the Preliminary Official Statement is deemed final, and the Administrative Services Director/Chief Financial Officer or such other Authorized Official is hereby authorized and directed to provide written certification thereof. The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the Administrative Services Director/Chief Financial Officer or, in the absence of the Administrative Services Director/Chief Financial Officer, another Authorized Officerpursuant to the Rule, shall be conclusive evidence of the approval of the final Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter as the initial purchaser of the Bonds. The form of Continuing Disclosure Agreement by and between the Community Facilities District and the Dissemination Agent as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 3 above. SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to the Underwriter. The form of the Bond Purchase Agreement is hereby, approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement for the City and the Community Facilities District upon the execution thereof by the Underwriter, subject to the provisions of Section 3 above. SECTION 8. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms of the Act and the Bond Indenture, and any Authorized Officer and other responsible City officials, acting for itself and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 9. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, acting for itself and on behalf of the Community Facilities District, are hereby authorized and directed to do RVPUB\MSHAH\719043.1 4 any and all things and take any and all actions and execute any and all certificates, agreements, contracts, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Act; this Resolution, the Bond Indenturd, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 10. Effective Date. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of January, 2007. Diane Chagnon, Mayor ATTEST: Vera Mendoza, City Clerk RVPUB\MSHAH\719043.1 5 �__ .•�. " TO: HONORABLE MAYOR AND MEMBERS OUTHE CITY COUNCIL FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND DEVELOPMENT /fes VIA: F.M. DELACH, CITY MANAGERAV V DATE: JANUARY 2, 2007 �f SUBJECT: AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AZUSA'S COMMERCIAL VEHICLE PARKING REGULATIONS RECOMMENDATION It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING EXECUTIVE SUMMARY Understanding vehicle weights and/or combined vehicle weights Gross Vehicle Weight Rating: Gross Combination Weight Rating (a) "Gross vehicle weight rating" (GVWR) commonly referred to as GVW means the weight specified by the manufacturer as the loaded weight of a single vehicle. (b) Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon. The attached Ordinance authorizes the City Council, pursuant to the California Vehicle Code and case law to regulate the parking of commercial vehicles weighing 10,000 pounds or less (GCWR) in a manner similar to the existing regulation of commercial vehicles weighing over 10,000 pounds (GVWR) thereby distinguishing the difference between standalone vehicles and those in conjunction of towed or attached additional units. BACKGROUND At the October 2, 2006 City Council Meeting, the City Council directed staff to prepare an Ordinance and staff report regarding the parking of commercial vehicles weighing 10,000 pounds or less (GCWR) on public and commercial property. The City was concerned that the parking of commercial vehicles on public and commercial property created a safety hazard for both motorists and pedestrians as these vehicles tend to block line of sight, impair motorist and pedestrian visibility and reduce travel widths along City streets. In addition, the parking of commercial vehicles degrades the aesthetic appearance of the City's streetscape. The attached Ordinance would regulate the parking of commercial vehicles, weighing 10,000 pounds or less (GCWR) on public and commercial property1. The new regulations would be substantially similar to the existing parking regulations of commercial vehicles weighing over 10,000 pounds (GVWR). The attached Ordinance amends the City's commercial vehicle parking regulations as they relate to parking on public and commercial property. The City has existing commercial vehicle parking regulations for residential property found in Zoning Code Section 88.36.130. At this time the City Council has directed staff to only amend those provisions that relate to commercial vehicle parking on public and commercial property; however, in the future the City may desire to amend the residential property regulations to make them consistent with the public and commercial parking regulations in the attached Ordinance. The regulations would restrict the length of time that commercial vehicles could be parked on City streets to between thirty (30) minutes and one (1) hour, depending on the time of day. The Ordinance would also add new definitions that would clarify the City's commercial parking regulations. Per California Vehicle Code Section 22507 and case law, the City is required to post signs throughout the City notifying commercial vehicle drivers of the parking regulations. The City has the option of posting signs at every entrance to the City or posting signs in the specific areas where the commercial vehicle parking regulations will be enforced. FISCAL IMPACT Adoption of the proposed Ordinance will not create a fiscal impact because it merely extends the existing commercial vehicle parking regulations to commercial vehicles weighing less than 10,000 pounds (GCWR). The estimated costs for posting signs throughout the City are unknown at this time. ENVIRONMENTAL IMPACT The proposed ordinance will not create an impact on the environment. Therefore, the proposed ordinance is 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 Ordinance. ORDINANCE NO. 07_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 74-1 of Article I of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: Sec. 74-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bus loading zone means a public place alongside the curb of a street or elsewhere in the city which has been designated by the city engineer for the loading or unloading of passengers by a public carrier engaged in the transportation of passengers. Commercial vehicle means a motor vehicle of a type required to be registered under the California Vehicle Code, or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle. Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon. Loading zone means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers or materials. Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers. Parkway means that portion of a street other than a roadway or sidewalk. Passenger loading zone means the space adjacent to a curb reserved for the 1 exclusive use of vehicles during the loading or unloading of passengers. Pipe or pole dolly means a vehicle, other than a motor vehicle, having one or more axles which axles, if there be more than one, are not more than 54 inches apart, and two or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle. Police officer means every officer of the police department or any city employee authorized by the chief of police to direct or regulate traffic or to make arrests for violations of this chapter. Semitrailer means a vehicle designed for carrying persons or property, used in. conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. Stop, when required, means complete cessation of movement. Streetcar means a car, other than a railroad train, for transporting persons or property and operated upon rails, principally within the city. Taxistand means a public place alongside the curb of a street or elsewhere in the city which has been designated by the council as reserved exclusively for the use of taxicabs. Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by a vehicle. "Trailer" includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. Truck tractor means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet. Unladen weight means the weight of a vehicle equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under California Vehicle Code Section 661, any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle. Vehicle means a device by which any person or property may be propelled, 2 moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Cross references: Definitions and rules of construction generally, § 1-2. Section 2. Section 74-466 of Article VIII of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: (a) No person shall park or leave standing any commercial vehicle or truck tractor with a gross vehicle weight rating or gross combination weight rating of more than 10,000 pounds or any detached trailer, semitrailer or pipe or pole dolly designed to be operated in combination with a truck tractor on any commercially zoned property in excess of 60 minutes, unless: (1) Actual loading or unloading of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is in progress on the property; or (2) The owner or legal operator of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is the owner or lessee of the property on which the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked or left standing; or (3) The owner or legal operator parks the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly in a rental parking space of a commercial parking lot designed for the parking of said vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly; or (4) The vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked in a neighborhood center, a corridor, or district per Azusa Zoning Code Section 88.36.130(6). (b) No person shall park or leave standing any commercial vehicle or truck tractor with a gross combination weight rating of 10,000 pounds or less or any detached trailer, semitrailer or pipe or pole dolly designed to be operated in combination with a truck tractor on any commercially zoned property in excess of 60 minutes, unless: (1) Actual loading or unloading of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is in progress on the property; or (2) The owner or legal operator of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is the owner or lessee of the property on which the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked or left standing. (3) The owner or legal operator parks the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly in a rental parking space of a commercial parking lot designed for the parking of said vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly; or 3 (4) The vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked in a neighborhood center, a corridor, or district per Azusa Zoning Code Section 88.36.130(6). (c) No person shall park or leave standing any detached trailer, semitrailer or pipe or pole dolly upon any public highway, street or alley. (d) No person shall park, store or leave standing any commercial vehicle exceeding a gross vehicle weight rating or gross combination weight rating of 10,000 pounds upon any public highway, street or alley for more than one hour between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than 30 minutes between 2:00 a.m. and 6:00 a.m. of any day, unless: (1) The vehicle is actually engaged in making pickups or deliveries of goods from or to any property; or (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (e) No person shall park, store or leave standing any commercial vehicle with a gross combination weight rating of 10,000 pounds or less, upon any public highway, street or alley for more than one hour between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than 30 minutes between 2:00 a.m. and 6:00 a.m. of any day, unless: (1) The vehicle is actually engaged in making pickups or deliveries of goods from or to any property; or (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. Section 3. 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 2007. Diane Chagnon Mayor ATTEST: Vera Mendoza City Clerk CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 18, 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, 213 E. Foothill Blvd. CLOSED SESSION Closed Session Mr. Jorge Rosales addressed Council Inquiring of the terms and conditions for the Rosales sale/purchase of properties located at 850 W. Tenth, and 975 W. Foothill Blvd., which are comments on being discussed in closed session. closed session City Attorney Martinez responded that under the Brown Act, it Is not necessary to state terms of negotiation, and it will be discussed in closed session. Mr. Art Morales welcomed everyone who was in attendance at the meeting. He expressed Morales concern for the bad publicity that has been made regarding 975 W. Foothill; asked If there comments on had been a bid process for the purchase of this property as well as 850 W. Tenth; suggested closed session that the city keep 850 W. Tenth, and suggested that detailed Information be posted when dealing with properties. City Manager Delach responded that these properties are not on the market; however, there Delach are interested parties who wish to acquire them and Council needs to determine if these comments properties can be sold. City Attorney Martinez stated that under the Brown Act, they have to be listed under Gov. Code Sec. 54956.8, terms will not be discussed at this time; discussion will be limited issues of Interest. CEREMONIAL: Ceremonial The entire council presented a proclamation to Ms. Lizette Salas, of Azusa High School, CIF Proclo to L. Champion in Golf. Salas CLOSED SESSION (continued) The City Council recessed to Closed Session at 6:48 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL— POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(b)) 1 Potential Case - REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 850 W. Tenth Street, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Address: - 975 W. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: APMA Closed Sess Recess Conf w/Legal Counsel potent litigation Real Prop Negotiations 850 W. Tenth Price & terms Real Prop Negotiations 975 W Foothill Price & terms Conf w/ Labor Negotiators APMA Mayor Chagnon returned from Closed Session at 7:33 p.m. and announced that the property Chagnon at 850 W. Tenth is being discussed by Council and that she will abstain from the discussion Comments due to a conflict of interest. The City Council reconvened from Closed Session at 7:42 p.m. City Attorney Martinez Reconvened announced that there was no reportable action taken In Closed Session, but that discussion City Attorney regarding property located at 850 W. Tenth was not completed and will continue at the end Comments of the meeting, with Mayor Chagnon abstaining. _ Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION — Invocation was given by Reverend Eddie Velasquez of the Jesus Is Lord Invocation Church. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Chief of Police Garcia, Director of Utilities Hsu, Electrical Test Technician Beterbide, Economic Development Director Coleman, Public Information Officer Qulroz, Library Director Tovar, City Clerk Mendoza, Administrative Technician Hernandez. CEREMONIAL (Continued) The entire council presented a certificate to Mr. Arthur Granados, Chief Petry Officer, U.S. Navy, recognizing him for his services in the military. The entire council presented a certificate to Mr. Larry Havice, Combat Engineer, U.S. Army, who is home from Iraq to visit his family, for his service in the military. PUBLIC PARTICIPATION California State Assemblyman for the 57`" District Ed Hernandez, addressed Council wishing everyone happy holidays and commended Council for recognizing the two military men. He announced that part of his work plan, is to attend, or his representative, the council meetings to give updates on legislation issues. He introduced his representatives, Rod Charles, District Director, and Jorge Marquez, Field Director. He announced that invitations will be sent out to all Councilmembers and City Managers, of cities within his district, Inviting them to a local government summit to be held January 20, 2007, at the City of West Covina Council Chambers from 9:00 a.m. to 3:00 p.m. The purpose of the summit is to address issues and discuss potential legislations. He announced his new address: located at 152 W. Cameron Ave., Suite 165, W. Covina; they will be moving in mid January; invitations will be sent out for open house. Roll Call Also Present Ceremonial Cert A. Granados Cert L. Havice Public Part Assemblyman Ed Chavez Introduced himself Mr. Mike Lee addressed Council wishing everyone Merry Christmas and a Happy New Year, Mr. Lee wished good luck to all candidates; thanked Assemblyman Dr. Hernandez for being present Commented at the meeting.; expressed concern on the right of free speech for all; stated that he would like to see more people vote in Azusa and thanked veterans and Mayor Pro -tem Rocha for the work they do for veterans. Mr. Robert Gonzales addressed Council wishing everyone a Merry Christmas; thanked Mark R. Gonzales Martinez, baseball coach at Azusa High School, who donated toys for the kids program, Comments which will be distributed next Friday, and also thanked Mayor Pro -tem Rocha for letting him be part of this program. He encouraged residents to donate toys; they can be turned to the Parks and Recreation Department. Some toys are donated after the distribution, but they are stored for the following year. He concluded by wishing the candidates good luck on their campaign. Ms Andrea Cruz asked If the City is the defendant on the Potential Litigation Closed Session X Cruz item. She reported a broken window at a business posted with a "yes" sign on Proposition Comments 90 at the November election, and requested it be replaced. She noted that 1500 Azusa voters were removed from the voting rolls since the last City election, and she is corresponding with the County regarding the matter. 12/18/06 PAGE TWO She announced her candidacy for Council, and based it on downgrading of Azusa parcels A. Cruz and property rights being dismissed. She asked that the City make an effort to relocate Continued employees Ranch Market. She stated that the relocation of Wimpey's will be expensive and asked why the General Fund was different than the last reported. City Attorney Martinez responded to question regarding Closed Session item and its posting Martinez and that it's to discuss significant exposure against the City/Agency by a potential party. Comments Specifically in this case, there are facts and circumstances which may result in litigation against the City but are yet unknown to that potential party. Ms. Yolanda Pena addressed Council inviting all to her home on December 20U'; where a Y. Pena celebration of the a Annual Christmas Party will be held for the community. Children from Comments Murray school will be attending and she thanked Irene and Mike Esquivel of La Flor de Mexico for donating 300 toys to the party, and Paul Naccachlan who donated 300 cookies. She also thanked Mayor Pro -tem Rocha and Mr. Gilbert Becerrll for sending a package to her niece, Valerie Marquez, who has been In Iraq since September. She wished all a Merry Christmas. Mr. Art Morales welcomed everyone in attendance at the meeting and people at home and A. Morales wished all a Merry Christmas and Happy New Year. He asked everyone to think of the Comments troops and their families, and the homeless. Mr. Jorge Rosales addressed Council regarding item C-2, thanking Azusa Citizens Committee J. Rosales for Code Compliance on their efforts in putting this report together. He pointed out that the Comments commercial vehicles Item, was not discussed by the committee, in which Council took a different approach. He pointed, out that on item C-3, travel reimbursement is not being addressed; if this reimbursement Is not on the budget, it should not be allowed, and questioned what does car allowance entails. He stated that he believed that on item B-5, the new position of controller is a duplication of a position. Mr. Jesse Butanda expressed his concern regarding dosed session item on employee J. Butanda negotiations, requesting that additional information be on posted so that the public can Comments understand what is being negotiated with employees. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Mayor Chagnon addressed the meeting welcoming all candidates. In terms of decorum, she stated that the Council is dedicated to being professional, and meetings will be conducted according to rules of decorum, any inappropriate behavior or comments will not be allowed and will be stopped. The current council will not use the dais to campaign, and all candidates are to submit their requests for documents through the City Clerk's Office, so that they can be responded to accordingly. A workshop on an evaluation of the city manager was held last week, and the Council unanimously agreed that the work plan currently in place is a good one and will stay on at least until after the election. New items will not come forward until after the election. She stated that Council, Commissioners and designated Staff are required to attend an Ethics training, which is being approved tonight, and this is a training to help all comply with the law in conducting meetings. Mayor Pro -Tem Rocha, upon a request from some resident, inquired on the regulations of the City of Baldwin Park Yard Sale Regulations. Baldwin Park allows 4 yard sales a year on Saturday and Sunday from 8 a.m. to 6 p.m., on the first week end of the months of March, June, September and December. This schedule helps their Code Enforcement Department attend to other issues. These are regulations that can be considered for Azusa In the next fiscal year. He thanked Knights of Columbus for recognizing the efforts of Police Officers and Fire Personnel and thanked Councllmember Hardison for coming up with the Idea 9 years ago, to start a citywide food drive. It has been a success since then, in which the School District has worked In partnership with the City, and Christbridge Church has also Joined in the effort. All items collected by the drivers, are taken to the food bank In Saint Frances of Rome Church and distributed to the needy. He thanked those, Including a lady from Florida who heard about the cause and donated silly string to help keep serviceman safe in Iraq. He also thanked coach Mark Martinez for collecting toys for the needy, and wished all a peaceful Merry Christmas. 12/18/06 PAGE THREE Rpts/Updates Mayor Chagnon comments Mayor Pro -tem Rocha Comments Councilmember Hanks wished all a Merry Christmas and a Happy New Year. Councilmember Hardison addressed the yard sale permit Issue and stated that the Baldwin Park Yard Sale Regulations are a good idea to be Implemented in Azusa, and that this issue could be brought back in June for consideration. He wished all a Merry Christmas and a Happy New Year. Councilmember Carrillo wished all a Merry Christmas and a Happy New Year. City Manager Delach, gave an update on the Historical Museum repairs that are being done, which include termite remediation, windows repaired, as well as the door. All other repairs should be done soon. Mr. Paul Naccachian, Chairman of the Human Relations Commission, and Ms. Marty Villanueva, Human Relations Commissioner, addressed Council to announce the 5' Annual Hands Across Azusa event on Sunday, January 14, 2007, in front of City Hall, from 1:30-3:30 p.m. Two marches are being organized along with the event; one will originate Azusa Pacific University (APU) campus Addams Field, and one at Faith Temple Church at Cerritos; they will start at 12:30 p.m., and will proceed to City Hall. He provided a brief description of the program, which is to honor Dr. Martin Luther King, Jr. and emphasize on the importance of the civil rights movement. The event is structured to encourage people to be themselves, spread the love and embrace diversity. The event will be a tribute to Mr. Bayard Rustin, who was instrumental in the Civil Right's Movement. There was a contest with children In which they were asked to engage in one of the 6 acts of kindness and report to the Commission on their experience in doing it. He requested authorization and assistance In placing banners announcing the event. Hanks comments Hardison Comments Carrillo Comments Delach Museum repair P. Naccachian Hands Across Azusa Event Discussion was held among Council and Commissioners regarding the commission's Discussion compliance with regulations in conducting the march and placing the banners. Council requested that the commission check with staff to insure compliance with city policy. SCHEDULED ITEMS Sched Items Councilmember offered an Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 06-C124 AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE Amend Conflict PURSUANT TO THE POLITICAL REFORM ACT OF 1974 of Interest Code Move by Councilmember Hardison, seconded by Councilmember Hanks, to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmembers addressed item regarding the report on Code Compliance, asking Azusa Com - questions on attended display signs, which are human operated, RV permits for visitors, and mlttee Code the direction and approval from the City to perform a Capital Improvement Project on Compliance properties for the purpose of parking and storing RV's. Mayor Chagnon stated that the report being presented, does not Implement any of the Chagnon recommendations, and it will be considered as a working document. The request is to comments accept the report to be reviewed and revised accordingly. Council will be meeting with staff for further discussion on this report. After additional comments by each Councilmember, it was consensus to accept the report Report on Code from the Azusa Citizens Committee For Code Compliance for review and analysis by the Compliance appropriate staff in order to determine the applicability and feasibility of the report's recommendations. City Attorney Martinez introduced the item regarding the report on Compliance with City Attorney Assembly Bill 1234 ("AB 1234"); giving a brief summary. He referred to Recommendation Compliance Number 2 of the report, to direct staff to make a correction to certain commission agendas with AB 1234 and minutes to comply with the Brown Act, to add language concerning disability accessibility to meeting and encourage the commissions to focus more on Brown Act compliance. 12/18/06 PAGE FOUR Councilmember Hanks addressed the item stating that a review of the all commissions was Hanks conducted and based on the report, the Commissions have done a good job in complying, comments but they can improve on their practices. He requested that the Commissions work together with the City Manger and City Clerk for the posting of their agendas. Mayor Pro -tem Rocha addressed the TravelPolicyportion of the item asking that meal Rocha reimbursement be reduced from $80 per day to $65. Councilmember Hanks responded comments stating that he believes the amount is appropriate, It depends on the situation and that it Hanks response should be approved by City Manager. Mayor Pro -tem Rocha continued and requested that Marijuana employees who attend conferences present a report to the department Head and the City Dispensaries Manger could include it in the weekly report to Council. 1" Rdg Ord Councilmembers requested that City Attorney work on the language to add to the report Council regarding a report of attendance at conferences, and bring It back for discussion and Comment approval, and to amend Item number 2, to add that all posting of Commission agendas go through the City Clerk's Office to insure compliance of the Brown Act and accessibility to the public. Councilmember Carrillo suggested that a standard template be set up for these agendas. Moved by Councilmember Carrillo, seconded by Mayor Chagnon to approve the following Report on AB items on the report to Council regarding compliance with Assembly Bill 1234 ("AB 1234"); 1234 Mayor Pro -tem Rocha voted no on Section IV -C of the report regarding Meal Approved Reimbursements: 1. Direct staff to receive and file the City Attorney's report on AB 1234 As Amended compliance. 2. Direct staff to make corrections to City Commission agendas and minutes to comply with the Ralph M. Brown Act and address the concern about accessibility to Human Relations Commission documentation. Council added the following: Direct Staff to have all Commission Agendas go through the City Clerk's Office for posting and create a template for each commission for the final format. 3. Direct the City Manager to issue a memorandum to staff reminding them of the ethics laws prohibiting the improper use of city time or resources for personal or non -city purposes. 4. Adopt theproposedtravel and reimbursement policy pursuant to the requirements of AB 1234. 5. Schedule a date to agendize the proposed ordinance regarding payment of special rewards. Moved by Mayor Pro -tem Rocha, seconded by Councilmember Hanks, and unanimously Extension one carried to approve a one year extension of the Electrical Distribution Franchise to the year elect Southern California Edison Company ("Edison" or "SCE") with the Issuance of a letter of Dist SCE agreement to Edison, stating that while the City is in the process of considering a new one- year Electrical Distribution Franchise ("Franchise"): (a) The City will continue to allow Edison to provide existing franchise services to City customers under the 1956 Franchise Agreement, which expires on December 28, 2006; and (b) Edison will continue to pay the City the franchise fees agreed to in the expired 1956 Franchise Agreement while the application for a new one-year Franchise Agreement is being considered. Assistant City Manger Person addressed item regarding the Memorandum of Understanding R. Person with the Water Conservation Authority (WCA) for the use of the Taylor Property, explaining Taylor Property that this memorandum would benefit both parties, and the WCA would be in charged of Medical maintaining the property. He then Introduced Ms. Jane Beesley from WCA who Informed Marijuana council that the site will be cleaned up as soon as possible, In order to start a River Dispensaries Wilderness Park. 1" Rdg Ord Mayor Chagnon requested additional language be added to the Memorandum, to that the Chagnon City will assist only in emergency situations. Comments Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Approve MOU carried to approve the Memorandum of Understanding (MCU) between the Water Water Cons. Conservation Authority and the City of Azusa for the purpose of allowing the use and Authority Taylor management of the Taylor Property (APN8684-027-007). Prop Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Code Amend AZUSA MUNICIPAL CODE CHAPTER 18, BUSINESS, ADDING SECTION 18-31 TO PROHIBIT Prohibit IN ALL ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT CONTRAVENE STATE Medical OR FEDERAL LAW. Marijuana _ Dispensaries 1" Rdg Ord 12/18/06 PAGE FIVE Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously carried to waive further reading and introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-1 through D-8, was approved by motion of Consent Cal Mayor Pro -tem Rocha, seconded by Councilmember Carrillo and unanimously carried. Appvd 1. Minutes of the special meeting of November 27, and the regular meeting of December Minutes 4, 2006, were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: E. Alaverdian, Building Inspector; H. Items Quintero, Senior Accountant. New Appointments: L. Gonzales, Recreation Coordinator. Flexible Staffing Promotion: M. Bertelsen, Police Officer to Police Sergeant. Separation: G. Brown, Police Sergeant. 3. The Professional Services Staffing Agreement for temporary personnel with Library Agmnt Library Associates, a Los Angeles area based agency providing specialized library services, was Assoc. Library approved. temp staff 4. The new classification specification for the position of Executive Assistant/ New class Exec Administrative Services Department, pursuant to the City of Azusa Civil Service Rules Asst Admin Section 3.3 and 3.7, along with recommended salary range, was adopted. Svcs Dept 5. The new classification specification for the position of Controller, pursuant to the City New class of Azusa Civil Service Rules Section 3.3 and 3.7, along with recommended salary range, Controller was adopted. - 6. The communications plan regarding the installation of "No -Parking" signs throughout No -Parking the City in regard to street sweeping was approved, and staff was directed to work signs re street with Athens Street Sweeping to establish a street sweeping program that is beneficial to sweeping the City of Azusa. 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 06-C125 APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY. Proclo policy 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06 -Cl 26 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call None None THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:27 P.M. Cncl Recessed THE CITY COUNCIL RECONVENED AT 9:29 P.M. CRA Continue Move by Councilmember Hardison, seconded by Councilmember Hanks, to waive further Cnd. Rcnvnd ORDINANCES/SPECIAL RESOLUTIONS ORD/RESOS Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING Ord. 06-013 AND APPROVING A STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION Appvg Statutory AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND JAR UNIVERSITY COMMONS, LLC Dev Agmt & OPA Move by Councilmember Hardison, seconded by Councilmember Hanks, to waive further JAR University reading and adopt. Ordinance passed and adopted by the following vote of the Council: Commons, LLC AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 12/18/06 PAGE SIX Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING AND APPROVING A ZONING ORDINANCE AMENDMENT - DEVELOPMENT CODE TEM AMENDMENT ZCA-222 AND ZONE CHANGE Z-2006-01 FOR THE FOOTHILL CENTER MIXED USE PROJECT, LOCATED AT THE SOUTHWEST CORNER OF ALOSTA AVENUE AND CITRUS AVENUE Move by Councilmember Hardison, seconded by Mayor Pro -tem Rocha, to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord. 06-C 14 Appvg Zoning Code Amend - Dev code Text for the Foothill Center Mixed Use Project THE CITY COUNCIL RECESSED AND UTILITY BOARD CONVENED AT 9:35 P.M. Cncl Recess UB THE CITY COUNCIL RECONVENED AT 9:37 P.M. Convene The City Council recessed to Closed Session at 9:37 p.m. to continue discussion on the Recess to following item. Mayor Chagnon abstained from any participation due to a Conflict of Closed Session Interest. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Address: 850 W. Tenth Street, Azusa, CA 91702 Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 850 W. Tenth Under Negotiation: Price and Terms of Payment Price & terms The City Council reconvened at 10:00 p.m. City Attorney Martinez announced that there was Cncl Convene no reportable action taken In Closed Session. It was consensus of Council to adjourn the meeting. TIME OF ADJOURNEMENT: 10:00 P.M. CITY CLERK NEXT RESOLUTION NO. 2007-C1. NEXT ORDINANCE NO. 2007-01. 12/18/06 PAGE SEVEN Adjourn 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,j/„0 DATE: JANUARY 2, 2007 SUBJECT: HUMAN RESOURCES ACTION ITEMS It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of understanding(s). BACKGROUND These actions, requested by department heads are brought directly to Council. These actions are not required to go before the Personnel Board. New Appointments - The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. 'DEhARTMENT NAME' CLASSIFICATION; EFFECTIVEbATE Police Department Christina Ramirez Police Dispatcher Pending phy & background Community Dev John Saathoff Building Inspector Pending phy & fingerprinting PROMOTION — The following promotion(s) have been requested by the department head and are being made in accordance with the City of Azusa Rules of the Civil Service System. -DEPARTMENT NAME '� .. PROMOTION * } b 'EFFECTIVV,- RANGE/STEP , �'%'„ ,x^t'� Tv ia,�,..r �, ..:rss.; e . EFRO Oa'' s ATE }BASE MORY.`SAa RY Police Jason Kimes Police Officer to Police Corporal -3-07 6106/5 I $6,259.31 Police Jorge Sandoval Police Officer to Police Corporal -3-07 6106/5 I $6,259.31 Police Randy Schmidt Police Officer to Police Corporal -3-0.7 6106/5 $6,259.31 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: FRANCIS M. DELACH, CITY MANAGER/J V40 DATE: JANUARY 2, 2007 SUBJECT: PURCHASE OF ONE DEAD -FRONT, AIR INSULATED PADMOUNT SWITCH AS BACK-UP FOR THE ROSEDALE DEVELOPMENT PROJECT RECOMMENDATION It is recommended that in accordance with Section 2-511 under Article VII, Bidding and Contracting, of the Azusa Municipal Code, titled "Alternative Purchasing Procedure", Council approve the issuance of a Purchase Order in an amount not to exceed $11,813 including sales tax and freight charges, to Federal Pacific of Bristol VA, for the purchase of one Dead -Front, Air Insulated Pad Mounted Switch. BACKGROUND As the Electric Division of the City of Azusa installs the electrical circuits for the new Rosedale project at the former Monrovia Nursery site, they have determined that there is a need for one spare Dead -Front, Air Insulated Electric Switch to be used as a back-up, should any of the switches that were purchased in August of this year fail for any reason. In August 2006, eleven of these switches were purchased for the Monrovia Nursery Project, and Federal Pacific had the lowest total cost of the four suppliers who submitted bids. Therefore, Federal Pacific is the low bidder of record for the last six month period, and has agreed to hold their price for the purchase of this switch. FISCAL IMPACT There is no fiscal impact to the General Fund, as this switch will be purchased under Stores Inventory account number 33000000001601, then will be charged to the appropriate Electric Division account when it is checked out of Stores. Prepared by: T. Garcia, Buyer To: Honorable Mayor and Members of the City Council From: Marcene Hamilton, City Treasurer Date: January 2, 2006 Subject: City Treasurer's Statement of Cash and Investment Balances for the month of November 2006 Recommendation: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of November 2006. Background: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of November 2006. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, June 5, 2006 and Government Code Section 53600 et seq. The balance of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. n CITY OF AZUSA TREASURER'S REPORT Treasury Checking Accounts and Certificates of Deposit November 30, 2006 Held in Wells Fargo Bank Prepared by: Marcene Hamilton, Treasurer Face Maturity Interest or Account Number Balance Amount Date Coupon Description or CUSIP or Rate Market Value Checking Accounts General Checking Account 495-0041244 1,491,781.00 4.980% Overland Sweep Account DDA 495-0041244 609,862.67 Worker's Compensation Checking 0606-050318 106,886.59 Flexible Reimbursement 0606-055036 12,406.18 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 289.12 Section 108 1.610% Choice IV -Public Fund Account 410-0162239 498,986.05 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every30 300,000 Days 0.050% Certificate of Deposit 300-0311658 309,716.42 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,129,204.19 Covington Endowment 100,000 06/29/09 4.200% Certificate of Deposit 25467JG21 101,625.64 TOTALS 5,260,757.86 AGENCY AGENDA ITEM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: ROBERT K. PERSON, DEPUTY EXECUTIVE DIRECTOR I. VIA: F. M. DELACH, EXECUTIVE DIRECTOR V DATE: DECEMBER 18, 2006 SUBJECT: SELECTION OF DAKTRONICS FOR REPLACEMENT OF THE READER BOARD AT AZUSA AND 210 FREEWAY RECOMMENDATION It is recommended that the Redevelopment Agency Board select Daktronics as the firm for the replacement and management of the reader board located at Azusa and the 210 Freeway. BACKGROUND At it's October 16,2006 meeting the board adopted a resolution approving a Request for Proposals (RFP) for the Azusa electronic advertising display located at the Shell Station at the intersection of Azusa Avenue and the 210 Freeway. The RFP was furnished to two firms, Daktronics, Inc. And Multimedia LED, Inc., both of which were qualified to participate and had expressed an interest in the project. The RFP was released on October 26, 2006 with responses due on November 26,2006. The due date was extended at the request of one of the firms to December 1, 2006 to ensure the City had two viable proposals. Staff met with the consultant on December 13, 2006 to review the proposals submitted in accordance with the RFP. Only one of the two proposals was considered responsive meeting all of the criteria outlined in the RFP document. Staff is recommending that the Agency Board grant the Executive Director authority to execute a'Letter of Understanding with Daktronics, Inc. for the purpose of negotiating a contract that will secure the Agency with the best financial advantage from this project. In it's initial revenue proposal, Daktronics, Inc. outlines a scenario by which it will assume all financial responsibility for the design, manufacturing, installation, maintenance, programming of the new display and the demolition of the existing sign with no financial obligation on the part of the City. The proposal indicates a revenue potential to be paid to the Agency in the amount of $5,000.00 to as much as $10,000.00 per month for up to 5 years. It suggests that this amount would increase a minimum of $2,000.00 per month in the fifth and tenth years of an on-going marketing agreement, which, in the past has been referred to as the " City Electronic Sign Advertising Agreement". Staff would like to explore alternative financial scenarios in which the Agency would participate in the capital investment in return for a higher return of revenue. The Agency's consultant as well as a representative from Daktronics will be present at the Agency's meeting of January 2, 2006 to discuss specifics of their proposal and answer any questions board members may have. Staff will return with that financial analysis in the next 60 days in order for the Agency Board to make a decision on what kind of financial participation the Board would like to entertain. FISCAL IMPACT Daktronics' current proposal indicates that the City could earn between $60,000 to $120,000 per year on advertising revenue alone without capital investment. CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, DECEMBER 18, 2006 — 9:27 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, 213 E. Foothill Blvd., Azusa CA. Director Chagnon called the meeting to order. ROLL CALL PRESENT: DIRECTORS - ABSENT: DIRECTORS: ALSO PRESENT: Call to Order HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON Roll Call NONE General Counsel Martinez, Executive Director Delach, Assistant Executive Director Person, City Also Present Department Heads, Secretary Mendoza, Administrative Technician Hernandez. The CONSENT CALENDAR consisting of items E-1 and E-2 was approved by motion of Consent Cal. Director Hardison, seconded by Director Hanks, and unanimously carried. Approved 1. Minutes of the regular meeting of December 4, 2006, were approved as written. Min approved 2. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.No06-R54 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: 9:28 P.M. SECRETARY NEXT RESOLUTION NO. 07-R1. NEXT ORDINANCE NO. 07 -ROI. REDEVELOPMENT AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER u� DATE: JANUARY 2, 2007 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF NOVEMBER 2006 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of November 2006. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of November 2006. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 06-R18 dated June 5, 2006, and Government Code Section 53601. Investment activity is summarized in the "Treasury Book Balances -Cash and Investments" schedule, attached herewith and an integral part of this report. In November, Agency cash and investment balances decreased by $4,433,295.96. Cash received during the month totaled $1,829,781.11, one reimbursement payment totaling $5,100,000.00 was made to the City, and one reimbursement payment of $1,163,077.07 was made to the Agency from the 2005 Tax Allocation Bonds. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $13,317,935.38, Wells Fargo Bank, the fiscal agent, held $9,400,738.81 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond -funded projects. The remaining $3,917,196.57 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment MKRJJ/cs CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES NOVEMBER 2006 Beginning Cash Balance $17,751,231.34 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 1,829,781.11 Disbursements (6,263,077.07) Ending Cash Balance (All Restricted and Unrestricted Accounts & Investments) $13,317,935.38 " /�7�..z-•� H fes: -. zc - of Marcene Hamilto , Agency Treasurer CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES - CASH AND INVESTMENTS NOVEMBER 2006 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No limit $15,976.08 FDIC up to $100,000.00 Ongoing 0.000% $15,976.08 >$100,000 collateriied by 110% in govn't securities Securities -Federal Home Loan Note No Limit 2,000,000.00 Backed by faith & credit of Federal Home Loan Bank (FHLB) 0227/09 4.200% 1,970,600.00 Local Agency Investment Fund (LAIF) $20,000,000.00 1.901,220.49 Backed by faith 6 credit of the State of California Ongoing 5.125% 1,899,956.94 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $3,917,196.57 $3,886,533.02 Interest Collections: $0.00 CASH AND INVESTMENTS HELD BY FISCAL AGENT WELLS FARGO BANKS, FISCAL AGENTS 1997 Merged Project Tax Allocation Bonds 1997A Special Fund Wells Fargo Treasury PlustMMkt No limit 85.68 N/A Ongoing 4.670% 85.68 1997A Interest Account Wells Fargo Treasury Plus1MMkt No limit 70.09 N/A Ongoing 4.280% 70.09 1997A Principal Account Wells Fargo Treasury Plus/MMkt No limit 106.04 N/A Ongoing 4.720% 106.04 1997A Reserve Account Wells Fargo Treasury Plus/MMkt No limit 13.651.26 N/A Ongoing 4.860% 13,651.26 Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement Ongoing 5.750% 467,842.50 1997 Merged Project Tax Allocation Bonds Subtotal: $481,555.57 $481,555.57 Interest Collections: $56.34 2003 Merited Project Tax Allocation Bonds 2003A Special Fund AIM Govt Portfolio No limit 26,429.68 Investments In direct obligations of the U.S. Treasury Ongoing 4.940% 26.429.68 2003A Interest Account AIM Govt Portfolio No limit 107.77 Investments in direct obligations of the U.S. Treasury Ongoing 4.640% 107.77 2003A Principal Account AIM Govt Portfolio No limit 229.05 Investments in direct obligations of the U.S. Treasury Ongoing 4.800% 229.05 2003A Reserve Account CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS NOVEMBER 2006 Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value` AIM Gov't Portfolio No limit 94.91 Investments in direct obligations of the U.S. Treasury Ongoing 5.270% 94.91 AIG Matched Funding Corporation - No limit 1,085,192.59 Guaranteed Investment Agreement 07/29/23 4.780% 1,085,192.59 2003 Merged Project Tax Allocation Bonds Subtotal: $1,112,054.00 $1,112,054.00 Interest Collections: $111.05 2005 Merged Project TAllocation Bonds 2005 Special Fund Wells Fargo Advantage Gov't Mmkt No limit 6343 N/A Ongoing 4.730% 63.43 2005 Interest Account Wells Fargo Advantage Gov't Mmkt No limit 92.50 Investments In direct obligations of the U.S. Treasury Ongoing 5.410% 92.50 2005 Redevelopment Fund AIM GOVT Portfolio No limit 5,211,940.49 Investments in direct obligations of the U.S. Treasury Ongoing 4.940% 5,211,940.49 AIM Institutional Prime -Cash Mgml/MMk No limit 1,704,266.41 N/A Ongoing 5.160% 1,704,266.41 Bayedsche Landesban Investment Agreement No limit 0.00 N/A 07/01/06 0.000% 0.00 2005 Reserve Account Wells Fargo Advantage Gov't Mmkt No limit 21.056.03 N/A Ongoing 4.880% 21,056.03 MBIA Flexible Dew Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08/01/34 4.765% 869,710.38 2005 Merged Project Tax Allocation Bonds Subtotal: $7,807,129.24 $7,807,129.24 Interest Collections: $33,890.87 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $9,400,738.81 $9,400,738.81 Total - Azusa Redevelopment Agency Cash and Investments: $13,317,935.38 $13,287,271.83 Total Interest Collections: $34,058.26 Source of Market Value Irdormaliom Wells Fargo Corporate TmSt, Trustee _ Local Agency Investment Fund(LAIF) Wells Fargo Institutional Securities Tax Allocaton Band Data is based on Trustee- generated Statements; bond funds listed hereln are restricted for payment of debt service and governed by sbict regulations described in the Trust Indentures. 'Market Value is me cunent price at which a security can be traded or sold. WARRANT REGISTER NO. 11 FISCAL YEAR 2006-07 WARRANTS DATED 12/01/06 THROUGH 12/15/06 FOR REDEVELOPMENT AGENCY MEETING OF 01-02-07 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 by law and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80 -110 -REDEVELOPMENT ADMINISTRATION FUND 80 -125 -CBD CAPITAL PROJECTS FUND 80 -135 -WED CAPITAL PROJECTS FUND 80 -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 FUN15 82 -135 -WED DEBT SERVICE FUND 82 -185 -RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 29 934.33 99.042.07 52.06 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 Chairman 2007. 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 2007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 12/27/06 O P E N H O L D D B LISTING By : CH400 01.34 --re 1 Fm, = 27, 2006, 3:50 FM --leq: FCm------le3: GL JL--loc: BI-TEZIi---Jab: 484951 $tJ426---- pig: C�I400 <1.34>--report xt id: 02 SECE'`T FUM PE ID Vis: 80-82 ; Clic Issue Dates: 120106-121506 PE Nate A03MJT NCNIDFIZ / JOB N[1 ER AZUSA CITY FID C 8000000000-3035 Invoice N�ni�er Description St Disc. Prtt. Dist. Pntr. 184.63 0.0 184.63 2610/0601025 FR#25/06 FD mid. PEID Paid: V01305 7btal: 184.63 V00365 AZUSA LSGII' & 9% 8010125000-7130/508800-7130 3539 r`terrATiCN PAT PD 0.00 PEIDLid: paid: 78.00 0.00 78.00 Total: 78.00 V00355 V00355 V00355 AZUSA PAaRML PC 8000000000-3003 A7ILSn PAYROLL P� 8000000000-3005 AZUSA PALL AC 8000000000-3001 X506 Taxes M%le/FT PD 0.00 1 PD 0.00 T Pbl/Withhe PD 0.00 PEIDT��. d: Paid: Total: 699.90 1,358.41 4,373.18 0.00 6,431.49 61431.49 VV005804 V0580044 V05804 BEST BEST & KRIE 8010125000 6301%501500-6301 BES.92 T' �T & KUE KRIS 8010125000-6301%505700-6301 EEST EE5T & KRIE 8010125000-6301/650201-6301 530804 501 30804 06 530801 L0,WH4PEY FD 10802 0%06 LCd FIIILL PD 0.00 10%06 L� F IIILL PD n4\BN FD0.00 10/06 I11,TAL EY PD 0.00 PEID.00 d: Total: 3,252.50 5,883.82 1,176.00 27,351.29 27,351.29 V0984g 098448 V09848 CALSFL4�TIA OS'ME 8010125000-6325/505800-6325505800-6325 - 8010125000-6325%505800-6325 CALU NM 0244E 8010125000-6325/505800-6325 11106 11106 11106 CIClILL APPRSLS PD 011106 a3j3qjLL APPRSLS FD .00 GSL AP�LS PD 0.00 Q L APPRSLS FD 0.00 PEIDd: d: Total: 2,750.00 22,000.00 11,000.00 0.00 41,250.00 41,250.00 V09713 OMEVAN, Emm 8010110000-6235 120506 'TRAVEL EXP/IC9C/ PD 0.00 PEID t d: 81.53 0.00 Ehtity Nacre 2 City of Azusa HP 9000 12/27/0----- �: GL JIr loc BI-TFIIi-HOLD --jcb:I484951 #J426---- STING 2y � 0000 <1.3 >--xepaxt id: UILTR02 �, = 27, 2006, 3:50 FM --req: SST FE ID F(ND mss: 80-82 ; CY]e& Issue hates: 120106-121506 N re PLCLLITT N[NSE12 / JOB N(PBFSt 7inroi� Nmbes D s=pti� St Disc. Ant. Dist. Amt. 81.53 — Paid Total: V00348 CINSD� F�ALII3 I 8000000000-3054 2435/0601025 PR425/06 PD 0.00 PEIDd: d: Zoe: 19.25 0.00 19.25 19.25 V07721 EEgvaU MAFCELTD 8010125000-6399/501500-6399 110606 7EREE/J%9vM E FL PD 0.00 PEIDCyd: Paid: Total: 1,367.50 0.00 1,367.50 11367.50 V01469 DCx'V ajN AZ[.6A B 8010110000-6630 0800 FY 2006/07 SVCS- PD 0.00 id: FFA �Paid: Total: 5,000.00 0.00 5,000.00 5,000.00 V00331 FBMM MTESS 8010125000-6625/505800-6625 854291575 117052788 PD 0.00 F=)d 17.87 17.807 Total: 17.87 / ., . �r �r•9� �� I : / 1 1111 .. 1 Ir rr•Ir �� I :1 1 1111 . � u p;•p �! I :1 / 1111 .� LI 1. :111111111 �� 00116351N 00116351N 0011495IN 1225/0601025 Irl r `I n • 1 •■ 1 11 PR425/06 3,950.00 2,100.00 2,700.00 0.00 8,750.00 8,750.00 4.68 V05993 I.M.P.A.C. G NT 8010110000-6235 4055016001151020 )UM H X1SE/CDLEM PD 0.00 30.16 HP 9000 City STING 2y 72/27/06 O P GL JL-Hloc BI-�I---jcb:I484951 W426---- : QA00<1134> -report id: CHFUR02 DECAzusa IJE27, 2006, 3:50 FP1 --�1: �------ �: 1]3006 113006 Dagi MIG/ IIrNI04dQ MIG REEK PD 0.00 SE = FUSD Ctces: 80-82 ; Qhsck Issue Dates: 120106-121506 PE Nage AC3al4r NIS / JCB NMER Invoice Nudger Descriptio St Disc. Pnt. Dist. Ant. FE ID V05993 I.M.P.A.C. G3JT GJVT 8010110000-6235 4055016001151020 FADITASY,o"PR__INM PD 0.00 4055016001151020 PD 0.00 35.93 12.50 V05993 I.M.P.A.C. I.M.P.A.C. Q7VT 8010110000-6235 8010110000-6235 4055016001151020 N1E.STIIT QJLECPN PD 0.00 = PD 0.00 5.00 588.12 V05993 V05993 I.M.P.A.C. G3JP 8010110000-6235 4055016001151020 /OJLFS�N PEID U-paid: Paid: 0.00 671.71 671.71 PEPPY G%cH, 8010125000-6625/505800-6625 113006 RFSDRD FFA TALSE PD 0.00 PD 0.00 25.00 42.82 V01916 V01916 JARA JARA PETTY CPSH, 8010125000-6625/505700-6625 1]3006 113006 Dagi MIG/ IIrNI04dQ MIG REEK PD 0.00 38.67 V01916 JARA PETTY CASH, 8010125000-6625/505405-6625 PEIDd: 0.00 d: 106.49 Total: 106.49 V03126 LRLN Pg=a\AL 8000000000-3010 1320/0601025 2325/0601025 25/06 Ffl 0.00 25/06 ID 0.00 63.56 170.88 V03726 LN ID1TIQ\AL 8000000000-3010 AI PEID Paid: 234.44 Total: 234.44 V01582 NEDCM QA'MNICA 8010110000-6915 635925025053 635925025053 635925025-053 in PD 0.00 635925025-053 in FD 0.00 25.17 25.17 V01582 NEKM CLIANLNICA 8010110000-6915 PEIDdo PaiTbtal: 50.34 50.34 V00540 OFFICE LEMr IIr 8110155000-6625 361022461001 359673705001 419672 HP M% 0.00 776184 �5949A LA FD 0.00 52.06 210.41 V00540 V00540 OFFICE DEFC7T INC 8010110 000-6530 359673705001 463752 7FIC FD 0.00 40.90 V00540 VD0540 OFFICE Lir INC 8010110000-6530 OFFICE IEFOr nc 801011 0000-6530 361022461001 203125 F1191 ICHI' PD 0.00 409401 AVERT CLE PD 0.00 6.81 23.37 V00540 OFFICE E= INC 8010110000-6530 359673705001 PM Paid: 333.55 Total: 333.55 V01440 �ADID PPLZFIC 8010125000-6399/505800-6399 0610057 =aq ASSIST -80 PD 0.00 108.75 ZO'SSb 00'0 ZO'SSb 98'69Z 98'6SZ 00'0 N I S6T ZO' il9 Owl LU'b L£'b 00.0 :PTemn <T[3d Qd ST-SSISSK N= 6SOOT90 66£9-008SOS/66£9-OOOSZTOT08 JIdIJdd 66£9-008SOS/66£9-OOOSZTOTO8 JIalXd 00.0 Qd 90/SZ##dd SZOT090/TZZT SZLZ-0000000008 Ndi3[-aU S £SOOTA : T?ee,,g�oI. :P?ecm CQ�d 00.58 SL'8£Z 00'0 00'0 Cid N1T.'W N 8ZL (ETT SSISSd NDUM 00'0 Cd 90/SZ SZOT090/SSZT bi�0£-0000000008 NM-fW @�S SZLZ-0000000008 aTalclII Cis 9S080A 95080A 00'0 ad 90/SZ#Rid SZOT090/OZZT 66£9-008SOS/66£9-OOOSZTOTO8 MgI7Kd CNS Obi"d : Teacm :PTecun C�3d Qd HIh-NTld NJO7L3?I 00.0 QH s2jd/S8SS/££6bTSd 6T969TTT££TLT ZSO£-0000000008 HEM14 GTd-f9HFf3 TO£6QA OLS"T 00'0 Gd LZ'90E'£ :TART. LZ'90E'£ P?td 00.0 P Ft""11 413d 00,0 •. xxu &B SL'E£9'S :Te:RL SL'E00'0:P £9'5 P?ea__ mgd SZOT090/STZZ SZOT090/OTVZ b9OTT b90TT 1 648881111: :. .A.ICI 8 11114 8 8 8: scar • .i a ri o e 188111411: UN • .i c a . £SEOQA £S£OOA SZ'9TZ 00'0 Qd ST-SSISSK N= 6SOOT90 66£9-008SOS/66£9-OOOSZTOT08 JIdIJdd 66£9-008SOS/66£9-OOOSZTOTO8 JIalXd ObVTQA O"TQA 05'Zb5 00'0 Qd 08-SSISSK N= rEd 9SOOT90 9SOOT90 66£9-OOSSOS/66£9-OOOSZTOT08 0IILMd GWPMD O 'V 00.58 SL'8£Z 00'0 00'0 Cid N1T.'W N 8ZL (ETT SSISSd NDUM 090OT90 66£9-008SOS/66£9-OOOSZTOTO8 JIalXd CM-PEWTV 66£9-OOLSOS/66£9-0005ZTOT08 0I3IJ�id C ObKQA OTOA 05'ZV6 00'0 QOT-NDJM '4 NC7d 980OT90 990OT90 66£9-008SOS/66£9-OOOSZTOTO8 MgI7Kd CNS Obi"d 00'00S'E 00.0 Qd HIh-NTld NJO7L3?I • TVash lua • OSTC qs ?aa N ?oma �I z�nnT me / z�nN In=N as ad 90STZT-90TOZT :Saql�G enSSI NC # ! Z8-08 :S'GP=D aTo Z-BrIsS ZO :P? �z z--< £'T> OOVHD :E=d ---- 9ZbP## TS6b8b :CPQ --- HDRL-IH :OOT--'7L"rf) •E@T------ 8.902T •bal-- WH 05:£ '90OZ 'LZ 'c2A 'I 'I N E d 0 90/LZ/ZT 0006 dH � ;o 7 -ED b auk ?gLUA H AH J N I I S I H Q Q 0 H City of Azusa HP 9000 12/27/06 O P E N H O L D D B LISTING By Fe sura tity Nwe 3:50 PM --reg: FUSE------leg: GL JL­10c: BI-TD:I-I --- Job: 484951 #-7426---- prog: OFX00 <1.344>--xe� id: Page 5 CHFLIR02 WED, DEC 27, 2006, SE= FUU Cbcbs: 80-82 ; CYeck Issue Dates: 120106-121506 PE ID PE Narre A03MgT NCNffit / JCB NUvEER Invoiae Nurber Deipticn St Disc. Pnt. Dist. Art. Tbtal: 455.02 V02675 STATE OF C=FC7R 8000000000-3051 M006120226000 H2O06120226000 ACTIVE PREM DEM PD 0.00 Health Ins Ad= PD 0.00 2,190.83 9.63 V02675 s= OF CALIRR 8000000000-2724 PEIDd: 0.00 d: 2,200.46 Total: 2,200.46 V06783 STATE SIRFET BAN 8000000000-3010 1310/0601025 25/06 PD 0.00 6 PO 0.00 292.79 431.20 V06783 STATE SI= BAN 8000000000-3010 2315/0601025 P125% 6 PD 0.00 907.55 PEIDU� d: 0.00 Paid: 1,631.54 Tbtal: 1,631.54 V10009 TIERRA T/,= AM 8010125000-6345/505800-6345 110206 10/06 PRJ MW-B PD 0.00 5,825.00 V10009 TIERRA WEST AM 8010125000-6345 TIERRA REST ADVI 8010125000-6345/505800-6345 110206 110206 10/06 PRJ M3vlr-B PD 0.00 10/06 PRJ Y94r-B PD 0.00 5,075.00 5,220.00 V10009 V10009 TIERRA V\= ADVI 8010125000-6345/505700-6345 110206 10/06 PP,J M3"II'-B PD 0.00 942.50 V10009 TIERRA WEST ADVI 8010125000-6345/505700-6345 110206 10/06 PRJ M3vT-B PD 0.00 2,610.00 PEIDd: 0.00 d: 19,672.50 Tbtal: 19,672.50 8000000000-3010 01025 2335%0601 25 pp 6 FD 0.00 PR#25%06 PD 0.00 70.33 170.84 V00876 D MJRA PEID I)aid: 241.17 Total: 241.17 V09408 7ARIHAF, S 8010125000-7099/650201-7099 28498 U= T N/CUIIC0 PD 0.00 3,564.67 PEIDd: 0.00 d: 3,564.67 Tbtal: 3,564.67 GRAND TOTAL UtjDaid: 0.00 City of Azusa HP 9000 12/27/06 O P E N HOLD DB' LISTING By Perscn/Fhtity NaTe Page 6 WID, = 27, 2006, 3:50 FM --req: AC6E------ leg: GL JLr-loc: BI-'ID3l --- job: 484951 #J426 ----Frog: CE400 <1.34> --rep= id: CHFL 02 SECFX.T FUD Axles: 80-82 ; Check Issue Dates: 120106-121506 PE ID PE Nam AMaUr NM.ER / JCB NCNBER Lwoice nkber Des=pticn St Disc. A (t. Dist. Ant. Paid: 129,028.46 btal: 129,028.46 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AZUSA MUNICIPAL CODE CHAPTER 18, BUSINESSES, ADDING SECTION 18-31 TO PROHIBIT IN ALL ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT CONTRAVENE STATE OR FEDERAL LAW WHEREAS, the City Council of the City of Azusa wishes to allow various and diverse uses of land, operations and businesses within its boundaries; and WHEREAS, the City Council also wishes to protect the health and welfare of its residents and visitors; and WHEREAS, the City Council recognizes that certain uses of land, operations and businesses may be prohibited under state law; and WHEREAS, the City Council recognizes that certain uses of land, operations and businesses may be prohibited under federal law; and WHEREAS, the City Council wishes to ensure that all uses, operations and businesses within the City are permitted under both state and federal law; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: Section 1. Section 18-31 is hereby added to read as follows: "18-31 Businesses, Operations or Uses Contravening State or Federal Law. Notwithstanding any provision in this code to the contrary, any business, operation or use that cannot be conducted or carried out without being in violation of state or federal law shall be prohibited in all planning areas, districts, or zones within the City." Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. A Ordinance No. December 18, 2006 Page 2 of 3 Section 3. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 4. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. Section 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Azusa. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Azusa on this day of 2006. Diane Chagnon Mayor ATTEST: Vera Mendoza City Clerk I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the day Ordinance No. December 18, 2006 Page 3of3 of 2006, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of by the following vote of the Council: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attorney