HomeMy WebLinkAboutAgenda Packet - April 02, 2007 - CC .A
(P AU
U
°�rreou�'�P
AGENDA
CITY COUNCIL, AND
REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY, APRIL 2, 2007
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
IOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
MAYOR PRO-TEM COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
COUNCILMEMBER COUNCILMEMBER
NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business
referred to on the Agenda are on File in the Office of the City Clerk and are available for public inspection at the
City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shal/fill out a cardrequestingto
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.
• Call to Order
• Pledge to the Flag
• Invocation - Pastor Woody Calvary of Praise Chapel Azusa
A. CEREMONIAL
I . OATH OF OFFICE - Reverend Gilbert Becerril to administer the Oath of Office to Robert
Gonzales.
2. Certificate of Recognition to Blanch Weir, recipient of the District Attorney Courageous Citizen
Award for Bravery.
3. Proclamation proclaiming April 15th through 21' as National LibraryWeek in the City of Azusa.
4. Certificates of Appreciation to Girl Scout Troop #912, for their participation in the Bike Path
Clean Up.
5. Proclamation to Burke Hamilton for his dedicated services to the City as a Planning
Commissioner.
6. Proclamation to Robert Donnelson for his dedicated services to the City as a Library
Commissioner.
7. Certificates of Appreciation to Ms. Elaine Strickland and students of her Art Class of Sierra High
School for artwork on the Talley Building.
8. Proclamation proclaiming General Federation of Women's Clubs (GFWC) Federation Day on April
24, 2007.
9. Proclamation observing Armenian Genocide Day.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
B. PUBLIC PARTICIPATION
(Persoiz/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.)
C. REPORTS, UPDATES, AND ANNOUNCEMENTS
I. Assemblyman Ed Hernandez to provide a report on Transportation Summit.
2. Request for Certificates of Recognition and Proclamations as follows:
a. Proclamation for Arbor Day Recognition.
b. Proclamation recognizing the 20'Anniversary of the Azusa Senior Center.
3. Mayor Rocha
a. Request for discussion regarding Baldwin Park Ordinance on yard sales.
b. Request $100.00 donation for the YWCA.
4. Update on the Status of the Rosedale Project.
5. Update on Clean and Green Month.
6. Update on Graffiti Program.
7. Response to Mr. Willut's concerns.
04/02/07 PAGE TWO
D. SCHEDULED ITEM
1 . PUBLIC HEARING —REGARDING THE FINANCING OF EDUCATIONAL FACILITIES WITH THE
PROCEEDS OF TAX-EXEMPT BONDS TO BE ISSUED BY THE COLORADO EDUCATIONAL AND
CULTURAL FACILITIES AUTHORITY. RECOMMENDED ACTION: Continue the Public Hearing
to a future date.
2. RESOLUTION APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED IOINT
EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS. RECOMMENDED ACTION: Waive further reading and adopt Resolution No.
07-C23, approving the Third Amendment and Restated Joint Powers Agreement of the San
Gabriel Valley Council of Governments providing 3 seats on the Governing Board of the SGVCOG
to the Los Angeles County for the unincorporated areas of the three Supervisors d
within the San Gabriel Valley. ded that the SGVCOG Resolution b amended to
include representation fro a of iaa within the unincorporated area either
the Supervisor, or an ecte sentative f om(/a, "Neighbo hood Council" within the
Supervisor's District.
3. CONSIDERATION OF PROCEDURES FOR THE FORMATION AND APPOINTMENT BY THE CITY
MANAGER OF THE DOWNTOWN NORTH ADVISORY COMMITTEE. RECOMMENDED ACTION:
Approve the formation of a Downtown North Advisory Committee ("DNAC") and authorize the
City Manager to appoint members to the DNAC.
4. NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that unexpired vacancies exist on City Board and Commissions
as follows:
2 positions Human Relations Commission
1 position Library Commission
2 positions Planning Commission
Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill
Boulevard, City Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa
Avenue, Police Department, 725 N. Alameda,Azusa, and at: www.ci.azusa.ca.us, for interested
residents. Applications will be accepted through May 17, 2007. For further information
please call: (626) 812-5271 .
E. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. if Councilmembers or Staff wish to address any item on the Consent Calendar
individual/y, it will be considered under SPECLU CALL ITEMS.
1 . APPROVAL OF THE MINUTES OF THE SPECIAUREGULAR MEETING OF MARCH 19,2007 AND
THE SPECIAL MEETING OF FEBRUARY 26,2007. RECOMMENDED ACTION: Approve Minutes
as written.
04/02/07 PAGE THREE
.2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action
Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3. CITY TREASURER'S REPORT AS OF FEBRUARY 28 2007 RECOMMENDED ACTION: Receive
and File report.
4. BUDGET AMENDMENT — CANYON CITY FOUNDATION GRANT FUNDS. RECOMMENDED
ACTION: Accept a $15,000 grant from the Canyon City Foundation and authorize spending for
the purpose of hiring a community consultant to identify future projects for future funding
consideration and write the next grant submission to the granting foundation.
5. PURCHASE OF 2007 CHEVROLET COLORADO PICK-UP TRUCK RECOMMENDED ACTION:
In accordance with Section 2-518(b), under Article VII, Bidding and Contracting, of the Azusa
Municipal Code, approve the issuance of a Purchase Order in an amount not to exceed $17,866
including sales tax and all other applicable fees, to Wondr':es Fleet Group for the purchase of
one (1) 2007 Chevrolet Colorado Extra Cab pick-up for the Community Improvement Division.
6. CONTRACT FOR CONSULTANT ENGINEERING SERVICES RECOMMENDED ACTION:
Authorize the City Manager to enter into an agreement with Quantum Consulting, Inc. for
contract engineering services.
7. MEMORIAL PARK AIR CONDITIONING UNIT. RECOMMENDED ACTION: Authorize staff to
solicit proposals for a new air conditioning unit for the Memorial Park Gymnasium Facility.
8. AUTHORIZATION TO PURCHASE AND INSTALL FOUL BALL NETTING AT GLADSTONE PARK
FROM SPORTS FACILITIES GROUP INC IN THE AMOUNT OF $26,550.00. RECOMMENDED
ACTION: Authorize the purchase of foul ball netting and installation at Gladstone Park from
Sports Facilities Group, Inc. in the amount of $26,550.00
9. AWARD BID FOR PUBLIC SAFETY CONVERSION OF SIX 2007 FORD INTERCEPTORS TO THE
LOWEST RESPONSIBLE BIDDER 10-8 RETROFIT IN THE AMOUNT OF $11,826.54.
RECOMMENDED ACTION: Approve awarding 10-8 Retrofit, the lowest responsible bidder, the
bid to convert six 2007 Ford Interceptors with the necessary emergency equipment for police
use in the amount of $11 ,826.54.
10. APPROVAL OF SITE LICENSE AGREEMENT BETWEEN THE CITY OF AZUSA AND SPRINT PCS
ASSETS, I.I.C. RECOMMENDED ACTION: Authorize the City Manager to enter into a site
license agreement with Sprint PCS Assets, LLC for the construction and operation of a cellular
communications tower adjacent to the West Wing of City Hall.
11. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 07-C24.
04/02/07 PAGE FOUR
CONVENE AS THE REDEVELOPMENT AGENCY
F. AGENCY SCHEDULED ITEMS
1 . AUTHORIZATION TO ENTER INTO A PROPERTY LEASE AGREEMENT WITH AMERICAN
PROMOTIONAL EVENTS INC. FOR THE LEASE OF PROPERTY LOCATED AT 150 WEST NINTH
STREET. RECOMMENDED ACTION: Authorize the Executive Director to enter into a property
lease agreement with American Promotional Events, Inc., for the lease of property located at
150 West Ninth Street.
G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. If Boardmembers or Staff wish to address any item on the Consent Calendar
individually, it will be considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF MARCH 19,2007. RECOMMENDED
ACTION: Approve Minutes as written.
2. AGENCY TREASURER'S REPORT AS OF FEBRUARY 28, 2007. RECOMMENDED ACTION:
Receive and file the Report. .
3. CHANGE ORDERS APPROVAL FOR ASBESTOS ABATEMENT AND DEMOLITION OF THE
BLOCK 36 PROJECT SITE AND FORMER WIMPEY S PAWN BUILDING. RECOMMENDED
ACTION: Approve the submitted and requisite change orders in connection with demolition and
abatement of Block 36 and.the former Wimpey's building in the amounts of $27,440.00 (Block
36) and $9,750.00 (former Wimpey's Building) and authorize staff to execute the change
orders.
4. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED
ACTION: Adopt Resolution No. 07-R1 1.
H. CLOSED SESSION
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 801 East Alosta Avenue, Azusa, CA 91702
Negotiating Parties: Crestview Apartments
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Purchase - Housing Covenant
04/02/07 PAGE FIVE
1. ADIOURNMENT
1. Adjourn.
UPCOMING MEETINGS: April 16, 2007, City Council Meeting- 6:30 p.m.
April 23, 2007, Utility Board Meeting- 6:30 p.m.
May 7, 2007, City Council Meeting- 6:30 p.m.
May 21, 2007, City Council Meeting- 6:30 p.m.
/n compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting„p/ease contact the City Clerk at 616-811-5129. Notification three
(3) work/ngdays prior to the meeting when specia/seivices are needed wi//assiststaffin assuring
that reasonab/e arrangements can be made to provide access to the meeting,
04/02/07 PAGE SIX
F
Page 1 of 2
Baldwin Park Code of Ordinances
TITTLE XI:_BUSI_NESS REGULATIONS
CHAPTER 119: GARAGE. YARD AND PATIO SALES
CHAPTER 119: GARAGE, WARD AND
PATIO SALES
Section
119.01 Definition
119.02 Garage sale regulations
§ 119.01 DEFINITION.
For the purpose of this chapter,the following definition shall apply unless the context clearly
indicates or requires a different meaning.
GARAGE, YARD or PATIO SALE A sale of goods,wares or merchandise om residential
properly where the public is invited onto such property to purchase such item , provided towever-that a
garage s_ hall-notndlude-any-sale-ef-the-personal=belongings=of-a=recently—deceased-resident of-such—
propeny: "Garage," "yard" or "patio sale" shall hereinafter be referred to as "garage sale."
(Ord. 1085, passed 7-20-94)
§ 119.02 GARAGE SALE REGULATIONS.
No person shall conduct, or allow to be conducted, a garage sale on his property in violation of the
following regulations:
.- (A) Garage sales may only be conducted on the first weekend of the months of March, June,_
September,and December. For purposes of this section, WEEKEND means Saturday and Sunday.
(B) Garage sales shall be limited to the hours of 8:00 a.m. to 6:00 p.m.
(C) Garage sales may not be conducted in the public sidewalks,parkways, streets or alleys.
(D) All items sold at garage sales must be used goods, wares, or merchandise of a household
nature, from that household or its surrounding neighborhood, and not acquired elsewhere for resale.
(E) Garage sales' advertising signs may not be posted on telephone poles, street lights,traffic signs,
or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than
two days prior to the day the sale is to commence, and shall be removed by 7:00 p.m. on the day the sale
is terminated. No more than two signs, placards, or other form of advertisement shall be placed upon
the premises used for such sale, and shall not exceed three square feet in size.
http://www.amlegal.com/nxt/gateway.dIUCalifomia/baldwin/titlexibusinessregulations/cha... 1/24/2007
Page 2 of 2
i
(F) All goods, products, and merchandise offered for sale at a garage sale shall be made available
to inspection at the place where the sale is to be conducted by any representative of the Police Chief, and
if requested by the representative, the person conducting the sale shall establish evidence of title to the
goods, products and merchandise offered for sale.
(Ord. 1085,passed 7-20-94) Penal seed 10.99
Disclaimer.
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the
Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not
be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from
the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action
being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact
the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
®2005 American Legal Publishing Corporation
techsupooit@a mlegal,corn
1.800.445.5588.
The Canyon C
Francis M. C
213 E. Footl
fdelach@ci._.___..
March 7, 2007
Mr. Dennis Willut
758 E. Meda
Glendora, CA 91741
Dear Mr. Willut:
As you may recall after you appealed to the City Council to reconsider your request to
have penalty fees waived at the meeting of February 5, 2007, the City Council directed
me to report back on the matter at the next meeting of February 20, 2007. Attached is a
copy of the report.
The City Council received and accepted the report as submitted with a unanimous vote.
Therefore, the penalties will not be waived. Arrangements should be made to make
payment of the penalty fees as soon as possible.
Sincerely,
�.
Francis M. Delach
City Manager
enclosure
cc: City Council
City Attorney
Assistant City Manager
Community and Economic Development Director
Parks and Recreation Services Director
cc/enc: Mr. Ronald Willut
00ORdw
'� + +
' rmu r�4ftiV
M
INFORMATION ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F.M. DELACH, CITY MANAGER SIAM
DATE: FEBRUARY 20, 2007
SUBJECT: BUSINESS LICENSE PENALTY COMPLAINT INQUIRY
RECOMMENDATION
It is recommended that City Council receive and file this report.
BACKGROUND
Mr. Dennis Willut has complained to the City Council regarding his family's business license
renewal penalties for their rental properties on three separate occasions. His first appearance
was on November 20, 2006 and subsequently on January 16, 2007 and again February 5,
2007. The City. Council received a copy of a written response sent to Mr. Willut on December
21 , 2006.
The business licenses on the properties in question have a long record of late payments going
back as far as November 2000. In fact the Willut's were delinquent on their licenses in 4 of
the last 5 years. Penalties were waived three previous times on the 8' Street Property, and
once on the Soldano property. Penalties have been previously paid on two occasions on each
property. In 2002 the Willut's issued the City a check that bounced.
The most recent issue questioned by Mr. Dennis Willut were the additional late penalties
assessed for the 2005-2006 year amounting to $578.08 for both rental properties, and the
penalties remain unpaid. The total of the Business License fees for the Willut's 4-unit
apartment in 2005-2006 were $570.68, and $178.50 for the two-unit duplex, of which only
$32.00 was paid for each property. The reason for the high penalty is that the notices and
delinquency notices were ignored for one year. Mr. Willut and his Mother have complained
that the $32 renewal fees assessed to all Business Licenses were paid on time. Mr. Willut
believes that the total amount of the license process is confusing and misleading. However,
the Willut's have properly computed their license tax including the renewal fees in the past;
and the calculation is clearly indicated in the box on the lower left-hand side of the Renewal
Notice.
The most recent late fees assessed on the Business Licenses in question date back to
October 24, 2005. From October of 2005 to June of 2006 the Willut's were notified of
Business License Taxes due with the original renewal notice, and two follow up mailed
delinquent notices, one being a reminder of the possibility that late penalties being assessed.
Only when ignored for a long period of time were penalties assessed on the two separate
properties: 334 E. 8'hStreet, (4 units); and 741 N. Soldano, (2 units).
1
All business license renewals are sent out between 4 to 6 weeks before the license is due to
expire. Renewals are sent to the r�iling address that has been supplied to the City by the
landlord business owner. It is thetusiness owner's obligation to keep the City advised of any
change in mailing address or other pertinent information. If the United States Postal Service
returns a renewal notice to us, staff will note the fact and attempt to obtain an updated
mailing address.
Mr. Dennis Willut has come to the Business License counter numerous times on behalf of his
Mother Kathryn, the license holder and owner of the property, and had the sequence of
events explained to him in great detail. Mr. Willut steadfastly refuses to accept responsibility
for the outstanding late charges.
It is only due to the repeated track record of disregard for the Business License Tax renewal
deadlines and previous waivers of late penalties that the most recent appeals have been
denied. It is felt that to continue to waive penalties for the Willut's family would be unjust for
those individuals that consciously pay their licenses on a timely basis.
FISCAL IMPACT
Waiver of the Business License penalty would have an impact of $578.08 to the General
Fund.
2
�.10fg2L CITY OF AZUSA `4 BusinessLmense# 014824
V
U Q, P.O. Box 1395 OUEDATE 11JAD1200'S,:
213 E. Foothill Blvd.,Azusa,CA 91702-1395 - Expiration Date 10/3112005
• 091 rorn�`T Attn: Business License Division-(626)812-5249
NAIC Code: 53111
ZUS BUSINESS LICENSE RENEWAL NOTICE SIC Code: 6514002
THIS APPLICATION FOR A LtCENSEWIL1 BE.REJECTED'UNLESS PROPER PAYMENT.IS`ATTAGHED -iJfbus7nrss/s noloer�actlye'7n Azusa;,
- - )pleas'2rentel'•closing dateherpn ,�Yaefurdx.
foYhe':address abave.`;'Fal�re fa respond,};
Business Howard &Kathryn Willut Phone No. (626)335-7290 Cb' ilia duedafew117 tr�sbii-='n,+ thel'
Name and 334 338 E 8th St Fax No. (fssuance of^adminisfMrve penalties
Location Azusa,CA 91702 Start Date 11/10/1994
Rate Type 16-0703A ,.v•- 'r"r`1 "'
Ownership Sole Proprietorship If your business activity in Azusa
Mailing HOWARD&KATHRYN WILLUT involves the use of vehicles, please list
Address 758 E MEDA up to six vehicle license numbers below:
GLENDORA,CA 91741 Email Address
1) 4)
2) 5)
3) 6)
Description of Business APARTMENTS
State License No. Type Expiration Date
Resale No. Federal ID No. State ID No.
--10whers,Partners, of Corporate Officer9 vPLEASE MAKE ANY,NECESSARY CORRECSIONS
A.•w., r .:.Yr
Name Howard Willut Title Phone No. (626)335-7290
Address 758 E Meda Driver's Lie# Cell Phone No.
Glendora,CA 91741 SSN# ON FILE
Name Kathryn Willut Title Phone No. (626)335-7290
Address Driver's Lie# Z0270111 Cell Phone No.
SSN# ON FILE
;Emergency Con4act.`+:PLEASE MAKE ANY,NECESSARY CORRECTIONS
ai5 `t� ^tt�i i.i{I N ,+f"k Ori}il"i
Name Title Phone No.
Address
'Al, CORRECTIONS '
. . . . ......_ . ........ . .. . <Phone No.
Name
Lie.No.
Address •
jo P111111
Renewal Message r
G4S1YfP'LETE� ..FOL11 NG
Your license tax is based on number of rental units
,.�cc
Gross�teceits for Prevtdus_Ftsdl Year
Enter the#of units in the box on the right Multiply this#by$134.67.
Don't.forget to include the$32.00 renewal fee. l=ai) rer$o repoaythe gross receipts-may«=`soil to a1'
� -
a:fine audYp penaa (N�`'ot%. fhis lnfom3atlon
� �quuediand sU/chg-donfidanbalra�
t; IN a^f Employees;
4,
i
3 • evl us. ataince: $ 0.00
ReiiiiiNife $ 32.00
Ma'S�` ' ,i,„"r .pE',>k»"'..zge= '' -• v^sta5-,+` „t ,^ cm's +.0- .y3.v'.s,Wt*� -
31
de It, penalty of^perJ11ry�' hat the rgformahDn contained rn,lhls Renewal^NoOce. • >
gs Wr andtcorrect� -
O ti,>Yr i, r , OTAL::DUE $ a(., Oc a..
y' S.i�gsneature%of Owheroexpresent'atrve s- at ^
� ;„s � RETURN RENEW i NOSICE TOA OYE ADDRESSANDaMAKf.CN CK.PAYABLE TU:CITY OF;AZUSA
Grp�
5 ptnGylot w
#4-00r4 CITY OF AZUSA Business License 9 099098
P O Box 1395 t'($ DUE DATE: 01!70!2006213 E foMIt01 Blvd.Azusa.CA 91702-t395 s it. dragon Daft: 1?f311206s
Attn: Business License Dhdsbn-(626)0123249 • MAIC Coda: 53tif0
BUSINESS LICENSE DELINQUENT RENE N SIC Code: 6514902
THIS APPLIORTION FOR A LICENSE 4rIL1.BE REJECTED UNLESS PROPEit PAYMENT IS ATTACFIEO. °/f2NrbNKs 1s:rw;fon9aracBveM Azusa:.;
yfaue.eglare]osM9Yere kBre anB Tatum:.
to Breeatiava kaAveio resppnA
BUS[natis Howard 6 Kathryn WNdt Phone No- (628)335-7290
Name and -fire tlw _
741NSoldarw Ave Fax No. rerAoaaAladndnlsopfMpenatses. :<
Location Azusa:CA 91702 Start Date O VO77t999
Rate Type 1"'103
Ownership Sole Proprietorship 0 fy your business actiin Aarse
0.M1a01ng HOWARD&KATHRYN WILLUT Involm the uee of vehicles,please list
Address 756 E MEDA AVE up to six vehicle license numbers below:
G LENDORA-CA 91741 Email Address
t) 4)
2) 5)
3) B)
Description of Business DUPLEXES
State License No. Type Expiration Date
Resale No. Federal ID No. State M No.
:Owners,Partners,or Corporate Officers-PLEASE MAKE ANY NECESSARY CORRECTIONS.
Name Howard Wlllut This Owner Phone No. (626)335.7290
Address 758 E Made Ave Driver's Lie# Cell Phone No.
Glendora.CA 91741 SSN# -ON FILE-
Name Kathryn WDA Titie Owner Phone No,
Address Drivers Lic# Cell Phone No.
SSN# -0N FILE-
Emergency Contact-PLEASE MAKE ANY NECESSARY CORRECTIONS. '
Name Howard Wlibrt Tifle Opener Phone No.
Address 750 E Meda Ave
Glendora.CA 91741
Alarwt7Seeurittr Se lce-PLEASE MAKE ANY NECESSARY CORRECTIONS. -
Name Phone No.
Address Lia No,
IMPORTANTNOTICE
D
Renewal Message
Vatic license tnx is based on nnnunl cross ream)income �PJ.I=ASE CQIOPLETE THE OLLOWINO.
Under $5,000 $50.00 .(YossiteoeipbPorPrevieu¢fiscelYear'
$ 5,000 - $10r000 $50.00 + $1.50 per $1,000 of gross $
$10,001 - $20,000 $60.00 + $2.50 per $1,000 0£ gross failure to, Trina lace may. asuH to
Over $20,000 $70.00 + $3.50 per $1,000 of gross
efile"' ofpenaOY {N91e• 2Nshlfotrtmalronla. .:
Eater OMM R011101 Income in the box on the right requhed acrd strhxlr eonfidelrhel)'
Don't forget to include the$32.00 renewal fee plus 20%Penal?%a N No of FJnployees #
�t Ho.of Urdts_ #
,VPO�-YA_Jv :''Previous t$alance: $
0.00
ftepewat:Fee' S 32.00
:l declare,ynderpenafty of per u;tJhai Ore ln7orma0on contaFnod in oils Renews!No#ee:
-is.frue.aiid eurrecL
TCIT.ALT)UE S
&g�Wre of.Owner or RepmsenUlive - -. . .. �;' -;
'.RETURN RENEWAL NOTICE".ABOVE ADDRESS AN0..d1AXE CNEfN4AVABLE TO CITY OP A2USA.
Finn Howard & Kathryn Willut
Account # 019098
Fine Howard&Kathryn WiBut Bus.Stators Fees Due
tic,Status To be printed
Fant(Add q
street 741 NSotdano Ave Acct No 019098
city Azusa,CA 91702 License 019098
Leeetlau Inside tan.Type Residential Phm (626)335.7290
Alt Phoue
Matt
MOD radar 758 E Meda Ave Store pate 01/07/1999
Alan city Glendora.CA 91741 Close pate
Ms Rate Apt6/Rentals 3 or Less BID Area ow trate
Ownerddp Sole PmpdatwWIP Gee Area
Last Ree I W42006 Im imp.Arca hrsp.States
Audit Log
Date 'type Or19hd Val" DpdatMTo peseription By
02/042020 Dal ACQust DD
11/162006 Report Pdrded Letter-Balance Due nn
111142005 Fee Added STD Fee Renewal Fee'added. nn
11/142005 Fee Added SID Fee 3 or less apte added. an
11/142006 Record Renewed 27132008-12131200E 111142OD5-1713121 Record Renewed no
11/142006 Recelpt Added 200011 t41223D5nn Date paid: 11114204 No:33628,And:$211.50 nn
11/142005 Fee Retrmved STD Fee 2W removed. ce
111142008 Receipt Added 2BOSI114122224na Data pall 11/74204 No:33527,Ant$17850 nn
11114MM Report Printed Renewal-tat nn
06/2B200S Report Printed Letter-Batance Due-20%Penalty nn
OL1520DS Receipt Added 21)060215144501eg1 Date paid:(1711IMM No:29635,Amt$32.00 cot
0P1152008 Fee Added SM Fee'3 or less apts'added. egi
02/152006 Fee Added STD Fee Renewal Fee'added e9l
07/15/2006 Penally Added STD Penalty 20%'added. e�
02M52M Record Renewed 31152005-1713V2OD-' 2113206
0 -1213124 Record Renewed
- egi
07115!2006 Report Printed ----�' Letter-Balance Due
02/152006 Account St"Change, DdnquW Fees Due Account Status Changed alit
o=/MMS Report Printed Letter-License Expired.Fines On nn
02107 20 0 6 Report Printed --� Renewal-2nd nn
111162005 Report Printed --- ) Renewal-1st con
04/082005 Report Printed License Printout e91
032712006 Account Status Change, Delinquent Active Account Status Changed egf
09222005 Record Renewed 121162OD3-1273120E 31152005.1213124 Record Renewed 891
03171/2415 Fee Added STD Fee Renewal Fee'added. e9l
0371112005 Fee Added STD Fee 3 or fess apfd added. e91
03/222905 Reeelpt Added 2005032213D708eg1 Oate paid.03115200!No:25029,Amt 5315 SD egi
03/0812006 Report Printed - 7 Renewal-Final Notice nn
017252005 Report Printed Letter-License Expired.Fines Due nn
0125/2005 Report Printed Left".License Fired,Firms Due nn
012512005 Report Printed —� Renewal-2nd nn
11/172004 Report Printed Renewal-1st nn
01/0020/)4 Report Printed License Pdnfcut nn
017072004Lirzrux;Issue Dale Cha 02/0572003 121162003 License Issue Date Changed nn
O11I172004 Receipt Added Dale paid: t211620IX No:58808,Amt$184 OD on
112V20B3 Report Printed Renewal-1st. on
03/03r2003 Report Printed License Printout nn
02/1812003 Receipt Added No:14251,Amt 5156.00 nn
02MB/2003 Account Status Chan_W Dek quest Active Account Status Changed no
07N&2003 License leaus Date Cha 0270412D02 02!1)52003 License issue Dote Changed nn
07/182003 Acrjmtmant Added Penalty Adjustment Adjustment nn
01/282003 Report Printed Letter-license Expired.Fines Due nn
012812DO3 Repod Printed —�j Renewal-2nd nn
Firm Howard & Kathryn Willut
Account # 019098
WOW= Ren.ewatlst Notice N
04/1612002 Ucense Printed N -
03H32002 Add Reg Pan M
03/132002 Add Reg Pay DD
02/2012062 Balance Due tet NoOoe DD
0212012002 Balance Due let Notice M
021202002 Add AcQW DD
02/042002 - Add Reg Pay DD
0210412002 Add A DD
021042002 Add Reg Pay DD
01292002 Renewa0d Notice N
01/292002 L7 Lie Exp Pen Due N
12W42001 - Renum"st NoOw N
17/132000 License Printed N
11@72000 Add Reg Pay N
11/062000 - Renewall at Notice N
04/082006 Licw=Printed N
D3202000 Add Reg Pen N
031Dll2000 Balance Due let Notice N
02222006 - Add Reg Pay N
02R720W RenewaFinal Notice AJC
0127r= Ltr.Lic Exp Pen Due AJC
01272W0 Renewal2nd No8ae AJC
1129!1999 - Renewallst Notice N
0120/1999 License Printed N
OtAP11999 Add Reg Pay N
Firm Howard & Kathryn Willut
Account # 014824
FIM toward&KaWr V1lilkrt Bus.5talus Fees Due
Lie.Slams To be printed
Firer(AdSO Acet No 014824
Street 334 E 8th Sl
014824
L[eense
CRY Azusa,Asa,CA 91702
Location Inside Loa.Type MUNI-Res Phone (826i 335-7290
Ysa(Addl) AR Phone
7D33 Addr 758 E Meda Start Date 11716/1984
NIaB CRY Glendora,CA 91741 Clase Date
Bus.Rata AptS I Rentals 4 o7 Mous BID Area am Rate
ownership Sola Proprietorship eco Avera
Last Ree 11/1512008 e1e !lisp.Area hasp•Stats
Audit Log
Dale Type Ori na111afuc Updated se bes"W.Aq Ua^ By
DO
07/052()20 Later
�
11/1602008 Report Printed LMFeealenw alFDue nn
11M4MS Fee Added STD Fee'R+aW Fed'added nn
11/14/2006 Fee Added STDFee'4+aplCadded. n^
11114!2006 Record Renewed 10242005•t0/31/MC 1111412008.101312(Record Renewed nn
1111412006 Receipt Added 20051114122759M Dale pall 11114MM No:33629,Amt$1,140.00 nn
11!082006 Report Prated Renewal-1st an
DBM92006 Report Printed Renewal-1st nn
0$282008 Repod Printed —'-�Letter-Balance Dues 20%Penalty nn
111082005 Address Changed 334 338 E 801 SL Azu! 334 E 8th SL Azusa, Adds has changed no
10282005 Account Status Change Active Fees Due Account Status Changed - nn
102612005 Reeelpt Added 200510MIOZ823nn Date paid:1024200(No:28258,Amt 832-0 nn
10252005 Fee Added SM Fee'4+apW added. an
102VM Record Renewed 122872004-im 20C itlim 05-1013121 Record Renewed nn
10=2005 Repot Printed --� Letter-Balance Due eg1
102672005 Fee Added STD Fee'Renswal Fee added. nn
08202005 Report Printed —� Renewal-1st nn
011312(105 Repot Printed License Printout e91
011272ODS Account Status Change Fees Duo - Active Account Status Changed nn
01277/2005 Race-#Added 200501270MB14nn Date paid:01119200!NQ 24273.Amt$21359 nn
1213620()4 Account Status Change Delinquent Fees Due Account Stales Charged nn
12!3012004 Receipt Added Date paid:1228200-No:23941,Amt WS 40 nn
1213MOD4 License Issue Date Cha SOH52003 12282004 License issue Date Changed nn
12/302004 Report Printed Lager-BalanceDue nn
12=2004 Repot Primed —� Renewal-2nd nn
121061m04 Repot Printed - - Letter-License Expired nor
Fines Due
09/0972004 Report Printed Renewal-Printout nn
nn
11105Report Printed Lioswe issue
20()3
102/012063 License issue Date Cha 12/0911002 101152003 Ucerire issue Date Changed nn
101)912003 Receipt Added No:1 8022,Amt 553824 nn
09/242063 Report Printed Renewal-1st nn
17J182002 License Issue Date Cha 01242002 17!092002 License Issue Date Changed nno
t2M872002 AmountStatus Change Delinquent Active Account Status Charged
17JIM112 Recegit Added No:13513,Amt$519.35 nn
12!052002 Repot Printed Letter-License Exphed,FMes Due nn
1210312002 Report Printed ---� Renewal-2nd nn
DOW= Renewallst Notice N
license PMted N
07!712002 DD
02MMOD2 Add Reg Pay DD
01242002 --7
01/142002 Renewall u at Nab= N
DD
01242002 Add Reg Pen
Firm Howard & Kathryn Wiiiut
Account # 014824 '
01242002 Add Adjust DD
01242002 Add Reg Pay DD
01/162002 RenewalFinal Notice AIC
I lrm 001 Ltr.Lk FKp Pen Due N
11292001 Rarmu 2nd NcOm N
10mOrA 1 Renewallst Notice N
011302001 License Printed N
. 01162001 Add Reg Pen N
12105!2000 N
121052000 Balance Due 1st Notice N
11272000 Add Reg Pay N
11272000 Add Reg Pen N
11/212000 ReeerraMW Nollm N
11212000 Ltr.Lic Em Pen Due N
11212000 Reneaat2nd Notice N
09/12x= RerawaHst NoOce N
12/02/1999 - License P"d N
11/1511999 Add Reg Pay N
11/1511999 Add Reg Pen N
11/15M999 Add Reg Pay N
09129/1999 Renewallst Notice N
I OM1998 license Printed N
09291998 Add Payment N
M7119N Renewal Notice N
102111997 License Printed N
10M4/1997 - Add Payment N
0 9/1 5119 97 Renewal Notice N
10M7/1996 License Sant His
1001/1995 His
0.9MM995 Reneeral Sent His
10103/995 License Sent His
092611995 His
0920/19&9 Renewal Sem His
lialvi994 License Sent - His
11110/1994 His
ap
THERE IS NO
PAPERWORK FOR
THIS ITEM
JiO�Y�
S U �.
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M DELACH, CITY MANAGER)1/111
DATE: APRIL 2, 2007
SUBJECT: RESOLUTION APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
RECOMMENDATION
That the City Council amend and adopt the attached Resolution approving the Third Amendment
and Restated Joint Powers Agreement of the San Gabriel Valley Council Of Governments providing
3-seats on the Governing Board of the SGVCOG to the Los Angeles County for the unincorporated
areas of the three Supervisors represented within the San Gabriel Valley. It is recommended that
the SGVCOG Resolution be amended to include representation from elected officials from within
the unincorporated areas from either the Supervisor, or an elected representative from a
"Neighborhood Council" within the Supervisor's District.
BACKGROUND
At the February 15, 2007, regular meeting of the San Gabriel Valley Council of Governments
Governing Board approved a proposal to provide 3-seats on the Governing Board of the COG to
the Los Angeles County Supervisors serving constituents in the unincorporated areas within the San
Gabriel Valley. Each unincorporated area of the Supervisors' has in excess of 100,000 population
within the San Gabriel Valley. The provisions of the JPA amendment are as follows:
1 . The County will join as one legal entity, but it will have up to three representatives with
individual votes o the Governing-Board (representing the First, Fourth, and Fifth Supervisorial
Districts).
2. The dues paid by the County will be in proportion to the number of people living in
unincorporated communities in each Supervisorial District within the SGVCOG.
3. The Governing Board Representatives and Alternate Governing Board Representatives for
the County will be selected by the respective County Supervisor and may be from the Supervisors
Staff.
If sixteen cities approve and execute the Amended Agreement, it will be effective and the County
will able to join the SGVCOG as soon as it too approves and executes the Amended Agreement.
The County Board of Supervisors have voted to approve their membership and the revised JPA at
the March 20"' regular meeting.
The Governing Board requested input from the City Managers Technical Advisory Committee of the
San Gabriel Valley City Managers Association on Los Angeles County membership in the SGVCOG.
It was recommended by the City Managers Technical Advisory Committee that the County be ,
invited to join the COG, but that the representation be limited to elected officials, either the
Supervisor or their appointed elected "Neighborhood Council" representative. The Governing
Board voted to encourage elected representation, as Supervisors Gloria Molina and Michael
Antonovich both indicated they would appoint Neighborhood Council representatives, however,
Supervisor Don Knabe indicated he would appoint a staff Deputy Supervisor. Therefore the
recommendation to require elected representation was dropped.
FISCAL IMPACT
There is no direct fiscal impact for this action. However, additional members to the COG will benefit
the SGVCOG's previously strained budget and cash flow, as well as potentially reduce the need for a
future dues increase.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCILOF THE CITY
OF APPROVING AND ADOPTING
THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
WHEREAS, the San Gabriel Valley Council of Governments ("SGVCOG") was
established and that certain Joint Exercise of Powers Agreement entered into as of March
1, 1994; and
WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement for
the SGVCOG was approved and adopted effective September 17, 1998; and
WHEREAS, the Second Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG was approved and adopted effective November 21, 2000;
and
WHEREAS, membership in the SGVCOG has been limited to cities in the San
Gabriel Valley; and
WHEREAS, there is a growing need to have the SGVCOG consider and address
the interests of the unincorporated parts of Los Angeles County that are located in the
San Gabriel Valley in the development of regional policies and planning; and
WHEREAS, the County of Los Angeles has indicated a willingness to join the
SGVCOG and actively participate in its activities; and
WHEREAS, the participation of Los Angeles County in the activities of the +
SGVCOG would further the public interest by assisting the SGVCOG to achieve it goals aJ
and objectives; and
WHEREAS, the Third Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG would enable the County of Los An e es o g the
SGVCOG and participate in the SGVCOG's activities, resentatives of the /
three County Supervisorial Districts that are located in the an a ne ey.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Third Amended and Restated Joint Exercise of Powers
Agreement for the San Gabriel Valley Council of Governments, attached hereto and
incorporated herein by this reference, is approved and adopted.
SECTION 2. That the City Clerk shall certify to the adoption of this resolution.
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A JOINT POWERS AUTHORITY
THIRD AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
EFFECTIVE MARCH _;2007
San Gabriel valley Council of Governments A3 -i
R V#4833-9006-7457v5
TABLE OF CONTENTS
Page No.
Section1. Recitals.........................................................................................................1
Section 2. Creation of Separate Legal Entity................................................................2
Section3. Name. .........................................................................................................2
Section 4. Purpose and Powers of the Council. ............................................................2
a. Purpose of Council.......................................................................................2
b. Common Powers..........................................................................................2
C. Exercise of Powers.......................................................................................3
Section 5. Creation of Governing Board.......................................................................4
a. Designation of Goveming Board Representatives.......................................4
b. Designation of Alternate Governing Board Representatives.......................4
C. Eligibility.....................................................................................................4
Section 6. Use of Public Funds and Property ...............................................................4
Section 7. Functioning of Governing Board.................................................................5
a. Voting and Participation..............................................................................5
b. Proxy Voting................................................................................................5
C. Quorum........................................................................................................5
d. Committees..................................................................................................5
e. Actions.........................................................................................................5
Section 8. Duties of the Governing Board....................................................................5
Section 9. Roberts Rules of Order................................................................................6
Section 10. Meetings of Governing Board .....................................................................6
Section 11. Election of President and Vice-President ....................................................6
Section 12. Executive Director.......................................................................................6
Section 13. Designation of Treasurer and Auditor .........................................................7
Section 14. Council Treasurer.........................................................................................7
Section 15. Designation of Other Officers and Employees............................................7
San Gabriel Valley Council of Governments A3 -ii
RV#14833-9006-7457v5
Section 16. Obligations of Council.................................................................................7
Section 17. Control and Investment of Council Funds...................................................7
Section 18. Implementation Agreements........................................................................7
Section19. Term.............................................................................................................7
Section 20. Application of Laws to Council Functions..................................................7
Section21. Members. .....................................................................................................8
a. Withdrawal...................................................................................................8
b. Non-Payment of Dues..................................................................................8
c. Admitting Eligible Members .......................................................................8
d. Admittine New Members ............................................................................8
Section 22. Interference With Function of Members......................................................9
Section23. Dues of Members.........................................................................................9
Section 24. Disposition of Assets ...................................................................................9
Section25. Amendment................................................................................................10
Section26. Effective Date ............................................................................................10
Section 27. Alameda Corridor—East, Gateway to America Construction Authority..10
San Gabriel Valley Council of Governments - - A3-iii
RV#4833-9006-7457v5
THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
OF THE "SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This Third Amended and Restated Joint Exercise of Powers Agreement ("Agreement") is
made and entered into by and between the public entities (collectively, "Members") whose
names are set forth on Exhibit A, attached hereto and incorporated herein by this reference,
pursuant to Section 6500 et seq. of the Government Code and other applicable law:
. WITNESSETH:
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the
following facts:
a. Historically, the San Gabriel Valley Association of Cities, an
unincorporated association, played a valuable role in serving as a forum for the exchange of
ideas and information among its Member cities; however, the growing need for the cities in the
San Gabriel Valley to develop and implement their own subregional policies and plans and
voluntarily and cooperatively resolve differences among themselves required a more
representative and formal structure;
b. There is further a growing need for the cities in the San Gabriel Valley to
involve the unincorporated areas of Los Angeles County(the "County") located in the San
Gabriel Valley in the development and implementation of subregional policies and plans and in
the voluntary and cooperative resolution of differences between the cities and the unincorporated
areas.
C. The public interest requires a joint powers agency to conduct studies and
projects designed to improve and coordinate the common governmental responsibilities and
services on an area-wide and subregional basis through the establishment of a council of
governments;
d. The public interest requires that an agency explore areas of inter=
governmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern to its Members;
e. The public interest requires that an agency with the aforementioned goals
not possess the authority to compel any of its Members to conduct any activities or implement
any plans or strategies that they do not wish to undertake (except for the payment of dues);
£ Each Member is a governmental entity established by law with full powers
of government in legislative, administrative, financial, and other related fields;
g. Each Member,by and through its legislative body, has determined that a
subregional organization to assist in planning and voluntary coordination among the cities and
San Gabriel Valley Council of Governments A3- t
RV#14833-9006-7457v5
unincorporated areas in the San Gabriel Valley is required in furtherance of the public interest,
necessity and convenience; and
h. Each Member, by and through its legislative body, has independently
determined that the public interest, convenience and necessity requires the execution of this
Agreement by and on behalf of each such Member.
Section 2. Creation of Separate Legal Entity. It is the intention of the Members to
create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5
of the Government Code. Accordingly, there is hereby created a separate legal entity which shall
exercise its powers in accordance with the provisions of this Agreement and applicable law.
Section 3. Name. The name of the said separate legal entity shall be the San Gabriel
Valley Council of Governments ("Council").
Section 4. Pumose and Powers of the Council.
a. Purpose of Council. The purpose of the creation of the Council is to
provide a vehicle for the Members to voluntarily engage in regional and cooperative planning
and coordination of government services and responsibilities to assist the Members in the
conduct of their affairs. It is the clear intent among Members that the Council shall not possess
the authority to compel any of its Members to conduct any activities or implement any plans or
strategies that they do not wish to undertake (except for the payment of dues). The goal and
intent of the Council is one of voluntary cooperation among Members for the collective benefit
of cities and unincorporated areas in the San Gabriel Valley.
b. Common Powers. The Council shall have, and may exercise, the
following powers:
(1) Serve as an advocate in representing the Members of the Council
at the regional, state and federal levels on issues of importance to
the San Gabriel Valley;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of public policies and plans with regional
significance;
(3) Assemble information helpful in the consideration of problems
peculiar to the Members;
(4) Utilize Member resources or presently existing single purpose
public and public/private groups to carry out its programs and
projects;
(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action in the interest of local public
welfare and improving the administration of governmental
services;
San Gabriel Valley Council of Governments A3 -2
RV#4833-9006-7457v5
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities and unincorporated areas in the San
Gabriel Valley as they work toward achieving planning goals;
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional
issues;
(8) Serve as a mechanism for obtaining state, federal and regional
grants to assist in financing the expenditures of the Council;
(9) Make and enter into contracts, including contracts for the services
of engineers, consultants, planners, attorneys and single purpose
public/private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or grants under any
federal, state, or regional programs;
(12) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
(13) Lease, manage,maintain, and operate any buildings, works, or
improvements;
(14) Delegate some or all of its powers to the Executive Director as
hereinafter provided; and
(15) Borrow money, incur indebtedness and/or issue bonds pursuant to
the Constitution of the State of California and any of the laws of
the State of California and to exercise any implied power necessary
to exercise the express powers provided for in this subparagraph
15, provided, however, that any borrowing hereunder shall be for
the purpose of financing the Project, as defined in Section 27 of
this Agreement and shall be repaid solely from funds pledged or
otherwise designated for the Project. Borrowings authorized
hereunder shall be subject to Section 16 of this Agreement.
C. Exercise of Powers. The Council shall, in addition, have all implied
powers necessary to perform its functions. It shall exercise its powers only in a manner
consistent with the provisions of applicable law, this Agreement and the Bylaws. For the
purposes of determining the restrictions to be imposed on the Council in its manner of exercising
its powers pursuant to Government Code section 6509, reference shall be made to, and the
Council shall observe, the restrictions imposed upon the City of West Covina.
San Gabriel Valley Council of Governments A3 -3
RV#4833-9006-7457v5
Section 5. Creation of Governing Board. There is hereby created a Governing Board
for the Council ("Governing Board")to conduct the affairs of the Council. The Governing
Board shall be constituted as follows:
a. Designation of Governing Board Representatives. Except with regard to
the County, one person shall be designated as a representative of the Governing Board by the
legislative body of each of the Members ("Governing Board Representative"). The County, in its
sole discretion but subject to the requirement that it shall pay dues and assume all obligations
under this Agreement in proportion to the number of its Representatives, shall have one, two or
three Governing Board Representatives. The Governing Board Representative(s) for the County
shall reside in and/or represent one of the First, Fourth or Fifth Supervisorial Districts and shall
be selected by the respective County Supervisor.*No Member shall be entitled to "ex officio"
non-voting representation on the Governing Board; however, the Governing Board, at its sole
discretion, may allow "ex officio" non-voting representation from public entities that are not
Members.
b. Designation of Alternate Governing Board Representatives. Except with
regard to the County, one person shall be designated as an alternate representative of the .
Governing Board by the legislative body of each of the Members ("Alternate Governing Board
Representative"). The County shall have one, two or three Alternate Governing Board
Representatives, each acting as an alternate for only one of the First, Fourth and/or Fifth
Supervisorial Districts. The Alternate Governing Board Representative(s) for the County shall bep
selected by the respective County Supervisor(s) for the First, Fourth or Fifth Supervisorial (�'1
Districts and shall reside in and/or represent that same Supervisorial District.
C. Eli ibility. No person shall be eligible to serve as a Governing Board
Representative or an Alternate Governing Board Representative.unless that person is, at all times
during the tenure of that person as a Governing Board Representative or Alternate Governing
Board Representative, a member of the legislative body of one of the appointing Members
except that Governing Board Representatives and Alternate Governing Board Representatives
for the County do not have to be members of any legislative body but shall serve at the pleasure
of their respective County Supervisors. Should any person serving on the Governing Board fail
to maintain the status as required by this Section 5, that person's position on the Governing
Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the
provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement.
Section 6. Use of Public Funds and Property. The Council shall be empowered to
utilize for its purposes, public and/or private funds, property and other resources received from
the Members and/or from other sources. Subject to the approval of the Governing Board of the
Council, the Members shall participate in the funding of the Council in such a manner as the
Governing Board shall prescribe, subject to the provisions of Section 23 of this Agreement.
Where applicable, the Governing Board of the Council may permit one or more of the Members
to provide in kind services, including the use of property, in lieu of devoting cash to the funding
of the Council's activities.
San Gabriel Valley Council of Governments A3 -4
RV#4833-9006-7457v5
Section 7. Functioning of Governing Board.
a. Voting and Participation. Each Member may cast only one vote for each
issue before the Governing Board through its representative except that each Governing Board
Representative for the County may cast one vote which shall be independent of and separate
from the vote of any other Governing Board Representative for the County. An Alternate
Governing Board Representative may participate or vote in the proceedings of the Governing
Board only in the absence of the respective Governing Board Representative. Governing Board
Representatives and Alternate Governing Board Representatives seated on the Governing Board
shall be entitled to participate in and vote on matters pending before the Governing Board only if
such person is physically present at the meeting of the Governing Board and if the Member
which that Governing Board Representative or Alternate Governing Board Representative
represents has timely and fully paid dues as required by this Agreement and the Bylaws. Each
Governing Board Representative (or the Alternate Governing Board Representative) for the
County who is physically present at the meeting of the Governing Board shall be entitled to
participate in and vote on matters pending before the Governing Board without regard to the
attendance or vote of any of the other Governing Board Representatives for the County if all
dues owed by the County for the Supervisorial District of said Governing Board Representative
are timely and fully paid as required by this Agreement and the Bylaws.
b. Proxy Voting. No absentee or proxy voting shall be permitted.
C. Quorum. A quorum of the Governing Board shall consist of not less than
fifty percent (50%) plus one (1) of its total voting membership.
d. Committees. As needed, the Governing Board may create permanent or
ad hoc advisory committees to give advice to the Governing Board on such matters as may be
referred to such committees by the Governing Board. All committees shall have a stated purpose
before they are formed. Such a committee shall remain in existence until it is dissolved by the
Governing Board. Qualified persons shall be appointed to such committees by the pleasure of
the Governing Board. Committees, unless otherwise provided by law, this Agreement, the
Bylaws or by direction of the Governing Board, may be composed of representatives to the
Governing Board and non-representatives to the Governing Board.
e. Actions. Actions taken by the Governing Board shall be by not less than
fifty percent (50%) plus one (1) of the voting Governing Board Representatives who are present
with a quorum in attendance, unless by a provision of applicable law, this Agreement, the
Bylaws or by direction of the Governing Board, a higher number of votes is required to carry a
particular motion.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed,
for all purposes, the policy making body of the Council. All of the powers of the Council, except
as may be expressly delegated to others pursuant to the provisions of applicable law, this
Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and
through the Governing Board.
San Gabriel Valley Council of Governments A3 - 5
RV#4833-9006-7457v5
Section 9. Robert's Rules of Order. The substance of Robert's Rules of Order shall
apply to proceedings of the Governing Board, except as may otherwise be provided by
provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing
Board.
Section 10. Meetings of Governing Board. The Governing Board shall, by means of
the adoption of Bylaws, establish the dates and times of regular meetings of the Governing
Board. The location of each such meeting shall be as directed by the Governing Board.
Section 11. Election of President and Vice-President. The President shall be the
chairperson of the Governing Board, shall conduct all meetings of the Governing Board and
perform such other duties and functions as required of such person by provisions of applicable
law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice-President
shall serve as President in the absence of the President and shall perform such duties as may be
required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the
Governing Board or the President.
At the first regular meeting of the Governing Board, a Governing Board Representative
shall be elected to the position of President by the Governing Board, and a different Governing
Board Representative shall be elected Vice-President of the Governing Board. The terms of
office of the President and Vice-President elected at the first regular meeting of the Governing
Board shall continue through the first July 1 of their terms and expire on the second July 1, and
elections to determine their successors shall not be held until the first regular meeting of the May
preceding the second July 1. Thereafter, a Governing Board Representative shall be elected to
the position of President of the Governing Board, and a different Governing Board
Representative shall be elected to the position of Vice-President of the Governing Board at the
first regular meeting of the Governing Board held in May of each calendar year. The terms of
office of the President and Vice-President shall commence and expire on July 1.
If there is a vacancy, for any reason, in the position of President or Vice-President, the
Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired
term of such prior incumbent.
Section 12. Executive Director. The Governing Board may appoint by a vote of fifty
percent (50%) plus one (1) of the total voting membership a qualified person to be Executive
Director on any basis it desires including, but not limited to, a contract or employee basis. The
Executive Director shall be neither a Governing Board Representative, nor an Alternate
Governing Board Representative, nor an elected official of any Eligible Public Entity (as defined
in Section 21 (c) of this Agreement). The Executive Director shall be the chief administrative
officer of the Council. The Executive Director shall serve at the pleasure of the Governing
Board and may be relieved from such position at any time, without cause, by a vote of fifty
percent (50%) plus one (1) of the total voting membership of the Governing Board taken at a
regular, adjourned regular or special meeting of the Governing Board. The Executive Director
shall perform such duties as may be imposed upon that person by provisions of applicable law,
this Agreement, the Bylaws, or by the direction of the Governing Board.
San Gabriel Valley Council of Governments A3 - 6
RV#4833-9006-7457v5
Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to act as the Treasurer for the
Council and a qualified person to act as the Auditor of the Council. If the Governing Board so
designates, and in accordance with provisions of applicable law, a qualified person may hold
both the office of Treasurer and the office of Auditor of the Council. The compensation, if any,
of a person or persons holding the offices of Treasurer and/or Auditor shall be set by the
Governing Board.
Section 14. Council Treasurer. The person holding the position of Treasurer of the
Council shall have charge of the depositing and custody of all funds held by the Council. The
Treasurer shall perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code, and such duties as
may be required by the Governing Board. The Council's Auditor shall perform such functions as
may be required by provisions of applicable law, this Agreement, the Bylaws and by the
direction of the Governing Board.
Section 15. Designation of Other Officers and Employees. The Governing Board may
employ such other officers or employees as it deems appropriate and necessary to conduct the
affairs of the Council.
Section 16. Obligations of Council. The debts, liabilities and obligations of the
Council shall be the debts, liabilities or obligations of the Council alone. No Member of the
Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the
Council, whatsoever.
Section 17. Control and Investment of Council Funds. The Governing Board shall
adopt a policy for the control and investment of its funds and shall require strict compliance with
such policy. The policy shall comply, in all respects, with all provisions of applicable law.
Section 18. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the purpose of authorizing the
Council to implement, manage and administer area-wide and regional programs in the interest of
the local public welfare. The costs incurred by the Council in implementing a program,
including indirect costs, shall be assessed only to those Members who are parties to that
Implementation Agreement.
Section 19. Term. The Council created pursuant to this Agreement shall continue in
existence until such time as this Agreement is terminated. This Agreement may not be
terminated except by an affirmative vote of not less than fifty percent (50%) plus one (1) of the
then total voting membership of the Governing Board.
Section 20. Application of Laws to Council Functions. The Council shall comply with
all applicable laws in the conduct of its affairs, including,but not limited to, the Ralph M.
Brown Act. (Section 54950 et seq., of the Government Code.)
San Gabriel Valley Council of Governments A3 -7
RV#4833-9006-7457v5
Section 21. Members.
a. Withdrawal. A Member may withdraw from the Council by filing its
written notice of withdrawal with the President of the Governing Board 60 days before the actual
withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60-
day period. The withdrawal of a Member shall not in any way discharge, impair or modify the
voluntarily-assumed obligations for the withdrawn Member in existence as of the effective date
of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. The annual
dues of a withdrawn Member shall be adjusted, on a pro rata basis, using the effective date of the
withdrawal and a withdrawn Member shall be entitled to the balance of the annual dues paid for
the fiscal year by that Member which were intended for the remaining part of that fiscal year.
Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the
Council. In addition to being entitled to completely withdraw from the Council, the County may
also partially withdraw and reduce its annual dues with a corresponding reduction in its ability to
participate in and vote on matters before the Governing Board by filing a written notice of partial
withdrawal with the President of the Governing Board 60 days before the actual partial
withdrawal. Such partial withdrawal shall indicate which Supervisorial District(s) shall remain
active in the Council and which are being withdrawn and shall be effective at 12:00 o'clock am
on the last day of that 60-day period. Partial withdrawal shall not change the rights and
obligations of the County under this Agreement except that the County's annual dues shall be
adjusted, on a pro rata basis, using the effective date of any Supervisorial District withdrawal and
the County shall be entitled to the balance of the annual dues paid for the fiscal year by the
County which were intended for the remaining part of that fiscal year for the Supervisorial
District(s)being withdrawn from participation and the County shall no longer be able to
participate in or vote on behalf of the withdrawn Supervisorial District(s) on any matter before
the Governing Board or Council committees.
b. Non-Payment of Dues. If a Member fails to pay dues within three months
of its annual dues assessment as required under Section 23 of this Agreement and the Bylaws,
and after a 30-day written notice is provided to that Member, the Member shall be deemed to be
suspended from this Agreement and the Council. When a Member is suspended, no
representative of that Member shall participate or vote on the Governing Board or any
committee. Such a Member shall be readmitted only upon the payment of all dues then owed by
the Member, including dues incurred prior to the suspension and during the suspension. In the
case of the County, if the County fails to pay dues for one or more of its Supervisorial Districts
within three months of the County's annual dues assessment as required under Section 23 of this
Agreement and the Bylaws, and after a 30-day written notice is provided to the County, no
representative of the delinquent Supervisorial District(s) shall participate or vote on the
Governing Board. The delinquent Supervisorial District(s) shall be able to resume participation
and voting on the Governing Board only upon the payment of all dues then owed by the County
on behalf of the delinquent Supervisorial District including dues incurred prior to and during the
period of non-payment by the County.
C. Admitting and Readmitting Eligible Members. Eligible public entities
whose names are set forth on Exhibit A to this Agreement ("Eligible Public Entities") shall be
admitted to the Council by: adopting this Agreement by majority vote of the legislative body of
the Eligible Public Entity; properly signing this Agreement; and paying in full all dues owed for
San Gabriel Valley Council of Governments _ A3 - 8
RV#4833-9006-7457v5
i
then current fiscal year. Since County may be admitted to the Council with voting
representatives from one, two or three Supervisorial Districts, the dues to be paid by County will
be based upon the number of Supervisorial Districts that will represent the County in the
Council. County, in its sole discretion, may be admitted to the Council with representation from
fewer than three Supervisorial Districts and may subsequently increase County's representation
by one or more additional Supervisorial Districts contingent only on payment in full at the time
that any additional Supervisorial District commences representation of the County of all dues for
the then current fiscal year for said Supervisorial District. An Eligible Public Entity may be
admitted regardless of whether it adopted and signed this Agreement before or after the Effective
Date (as defined in Section 26 of this Agreement). An Eligible Public Entity that has withdrawn
from the Council in accordance with Section 21 may be readmitted to the Council by adopting
this Agreement or any subsequent version of this Agreement by a majority vote of the legislative
body of the Eligible Public Entity; properly signing this Agreement or any subsequent version of
this Agreement and paying in full all dues owed for the current fiscal year and any fiscal years
for which the Eligible Public Entity had been withdrawn from the Council. No vote of the
Governing Board shall be required to admit or readmit an Eligible Public Entity. County may
reactivate representation by any withdrawn Supervisorial District(as defined in this Section 21)
by paying in full all dues owed for the then current fiscal year and any fiscal years for which the
Supervisorial District has been withdrawn and no vote of the Governing Board shall be required
for said reactivation.
d. Admitting New Members. New Members who are not Eligible Public
Entities may be admitted to the Council upon an affirmative vote of not less than fifty percent
(50%) plus one (1) of the total voting membership of the Governing Board provided that such a
proposed new Member is a city or public entity whose jurisdiction, or part thereof, lies within
and/or immediately adjacent to, the San Gabriel Valley. Admission shall be subject to such
terms and conditions as the Governing Board may deem appropriate.
Section 22. Interference with Function of Members. The Governing Board shall not
take any action which constitutes an interference with the exercise of lawful powers by a
Member of the Council.
Section 23. Dues of Members. The Members of the Council shall be responsible for
the payment to the Council, annually, of dues for each fiscal year in the amounts periodically
budgeted by the Governing Board, as and for the operating costs of the Council as provided in
the Bylaws. An annual dues assessment will be issued to all Members in July of each calendar
year except that the annual dues assessment for the County will be issued in July of each
calendar year on behalf of those Supervisorial Districts whose representation of the County
began in the first six months of a Council fiscal year and in January of the following calendar
year on behalf of those Supervisorial Districts whose representation of the County began in the
last six months of a Council fiscal year.
Section 24. Disposition of Assets. Upon termination of this Agreement, after the
payment of all obligations of the Council, any assets remaining shall be distributed to the
Members in proportion to the then obligation of those Members' obligation to participate in the
funding of the Council as provided in Section 23 hereof.
San Gabriel Valley Council of Governments A3 -9
RV tt4833-9006-7457v5
Section 25. Amendment. This Agreement may be amended at anytime with the
consent of fifty percent (50%)plus one (1) of all of the legislative bodies of the then parties
hereto.
Section 26. Effective Date. The effective date ("Effective Date") of this Agreement
shall be March 1, 1994 if fifty percent (50%) plus one (1) of the Eligible Public Entities, whose
names are set forth in Exhibit A, adopt this Agreement by a majority vote of the legislative body
of each Eligible Public Entity and sign this Agreement. If fifty percent (50%) plus one (1) of the
Eligible Public Entities have not adopted and signed this Agreement by March 1, 1994, then the
Effective Date of the Agreement shall be the first date on which fifty percent (50%) plus one(1)
of the Eligible Public Entities adopt and sign this Agreement.
Section 27. Alameda Corridor—East, Gateway to America Construction Authority.
a. In addition to the Governing Board of the Council, there shall be an
Alameda Corridor—East, Gateway to America Construction Authority (the "ACE Construction
Authority"). The ACE Construction Authority shall have responsibility for the day-to-day
implementation of the Alameda Corridor—East, Gateway to America Project (the "Project") as
ultimately adopted and approved by the Governing Board pursuant to Federal, State and local
regulations. To facilitate such implementation of the Project, the ACE Construction Authority,
upon the assignment.of funds to it and subject•to such restrictions imposed by Federal, State and
local governmental entities and by the Governing Board, shall have the following powers to act
on behalf of the Council:
(1) To make and enter into contracts, including public works contracts
and contracts for design, materials and construction, and for the
services of engineers, consultants, planners, and single purpose
public or private groups, on behalf of and in the name of the
Council;
(2) To employ agents, officers and employees;
(3) To acquire, by purchase or eminent domain, construct, reconstruct,
rehabilitate, maintain in whole or in part, dispose of in whole or
part on behalf of and in the name of the Council, land, facilities
and appurtenances necessary or convenient for the completion of
the Project;
(4) To lease, manage, maintain, and operate on behalf of and in the
name of the Council any buildings, works or improvements; and
(5) To provide for or obtain insurance for the Council and Members of
the ACE Construction Authority, and their agents, officers, and
employees.
b. The powers of the ACE Construction Authority shall be exercised only in
furtherance of the Project and may be further limited and/or expanded by the Council Bylaws, as
adopted or amended by the Governing Board.
San Gabriel Valley Council of Governments A3 - 10
RV#4833-9006-7457v5
C. The ACE Construction Authority shall be comprised of seven (7)
Members, the qualifications for which shall be set forth in the Bylaws. The ACE Construction
Authority shall consist of one Member each from the City of El Monte, the City of Industry, the
City of Montebello, the City of Pomona, and the City of San Gabriel, one Member from the
County of Los Angeles, and one Member from the Council.
d. It is contemplated that the Council will receive funds to be used for the
Project from various federal, state and local funding sources and that the receipt of such funds
will be conditioned by regulation, law or agreement. The Governing Board shall have control of
all such funds until such time as responsibility for management and/or use of the funds is
transferred to the ACE Construction Authority by the Governing Board by appropriate action.
Such action, in addition to the delegation of annual budgeting authority, may contain restrictions
on the use of such funds and on the ACE Construction Authority, in addition to any found in the
Governing Board-adopted Bylaws, and as is required by Federal, State and local entities and the
Council.
e. The ACE Construction Authority may be dissolved by the Governing
Board upon a majority(50% + 1) vote. In the event that the ACE Construction Authority is
dissolved by the Governing Board, the Goveming Board shall succeed to the rights,
responsibilities, obligations and duties of the ACE Construction Authority.
That the Members of this Joint Powers Agreement have caused this Agreement to be
executed on their behalf, respectively, as follows:
CITY OF
Supervisor/Mayor
ATTEST
City Clerk
DATE
San Gabriel Valley Council of Governments A3 - 11
RV#4833-9006-7457v5
EXHIBIT A
Eligible Public Entities .
Alhambra La Verne
Arcadia Monrovia
Azusa Montebello
Baldwin Park Monterey Park
Bradbury Pasadena
Claremont Pomona
County of Los Angeles Rosemead
Covina San Dimas
Diamond Bar San Gabriel
Duarte San Marino
El Monte Sierra Madre
Glendora South El Monte
Industry South Pasadena
Irwindale Temple City
La Canada-Flintridge Walnut
La Puente West Covina
IRV#4833-9006-7457 v2
t
• * ��
IL
r
CITY COUNCIL AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUCE COLEMAN, ECONOMIC/COMMUNITY DEVELOPMENT DIRECTOR
VIA: F. M. DELACH, CITY MANAGER,{/
DATE: APRIL 2, 2007
SUBJECT: CONSIDERATION OF PROCEDURES FORTHE FORMATION AND APPOINTMENT BYTHE
CITY MANAGER OF A DOWNTOWN NORTH ADVISORY COMMITTEE
RECOMMENDATION
It is recommended that the City Council approve the formation of a Downtown North Advisory
Committee ("DNAC") and authorize the City Manager to appoint members to the DNAC.
DISCUSSION
On May 23, 2006, the Redevelopment Agency Board entered into an Exclusive Negotiation Agreement
with Watt Genton Associates ("WGA") for the redevelopment of the area known as Downtown North
that is generally bounded by 91" Street on the north, Foothill Boulevard on the south, San Gabriel
Avenue on the west and Dalton Avenue on the east.
In an effort to engage the stakeholders within the Downtown North project and community at large, the
Agency is recommending the creation of a Downtown North Advisory Committee-similar in nature to
the recently sunseted Azusa Citizens Committee for Code Compliance (ACCFCC). After its
appointment by the City Manager, the DNAC would act as an advisory body reporting to the City
Manager its recommendations concerning the proposed Downtown North Project. The DNAC will be
comprised of seven (7)voting members and one (1) ex-officio nonvoting member, which shall include
the number of representatives listed in each of the following categories:
Cateeory Number of Members
Member of the City Council 2
Residential Owner-Occupant or Tenant 2
Business Owner (includes property owner) 2
Existing Community Organization 1
Ex-Officio Nonvoting Member (Developer -Watt Genton) 1
TOTAL 8
The Honorable Mayor and Members of the City Council
Downtown North Advisory Committee
April 2. 2007 -
Page 2 of 2
Provided the DNAC concept is approved by the City Council, the deadline for applications for
appointment to the Committee would be 5:30 PM on April 16, 2007. Applications will be made
available from the City Cleric and the Economic/Community Development Department. Interested
persons may also download the application form from the City website.
FISCAL IMPACT
There will be minimal administrative support expenses to related to the ongoing work of the
Committee.
EXHIBIT
Application
DOWNTOWN NORTH ADVISORY COMMITTEE ("DNAC")
DOWNTOWN NORTH REDEVELOPMENT PROJECT
DNAC COMMITTEE APPLICATION
STATEMENT OF INTEREST AND QUALIFICATIONS
(Please print and check the appropriate boxes)
To the City Manager of the City of Azusa:
I,
(Name: PLEASE PRINT)
would like to volunteer for appointment to the DNAC Committee.
I would like to be appointed for the following category:
(CHOOSE ONE ONLY)
[ 1 Residential Owner-Occupant/Tenant
( 1 Business Owner (includes property owner)
( 1 Existing Community Organization
I CERTIFY THAT WITHIN THE CITY BOUNDARIES:
(CHOOSE ONE ONLY)
1. I am a Residential Owner-Occupant because I own and reside in residential property located
at the following address:
2. 1 am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit
as my permanent residence and usual place of abode for not less than twenty-nine (29)
days. I reside at the following address:
3. 1 am a Business Owner, or authorized representative of such Business, or own real property,
which is not my residence. The name and address of the business is:
4. 1 am a member of an Existing Community Organization for either a service club [_j, a
church group Lj a neighborhood organization [_1, or other nonprofit community
organization L_], which conducts its regularly scheduled meetings within and uses an
address located within the City. I have an official letter or resolution from the organization,
on their letterhead, authorizing me to represent them. The name, address, and description
of this community organization is:
April 2007 Redevelopment Agency of the City of Azusa
A-2 DNAC Procedures
The reasons I would like to serve on the DNAC Committee are as follows (include prior
experience in community affairs, activities, and/or other qualifications to serve on the City
Committee):
I acknowledge that 1 possess all the necessary qualifications to serve on the DNAC Committee
and will participate in the regular DNAC meetings. I certify under penalty of perjury under the
laws of the State of California that the foregoing is true and correct:
Date and Place Signature
Residence Address
Qualifying Address (Address of Residence/Business/Existing Community Organization,
whichever is applicable)
Mailing Address
Daytime Telephone Number, FAX, and Email Address
Evening Telephone Number, FAX, and Email Address
Tobe eligible for-DNAC Committee membership, this completed application must be returned
to the City Clerk of the City of Azusa and received by no later than the application submittal
deadline of 5:30 p.m., April 16, 2007. Any applications received after that time will be put on
file for consideration for future DNAC Committee vacancies.
Questions: Please call Sandra Benavides, Downtown Project Manager, at 626.812.5100, or
email at sbenavides(a)ci.azusa.ca.us or Bruce Coleman, Economic & Community
Development Director, 626.812.5236, email bcoleman(a)ci.azusa.ca.us
e
April 2007 Redevelopment Agency of the City of Azusa
A-3 DNAC Procedures
x
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,MARCH 19,2007—6:30 P.M.
The City Council of the City of Azusa met in regular/special session at the above date and
time in the Azusa Auditorium.
Mayor Chagnon tilled the meeting to order. Call to Order
The Azusa High School JROTC posted the colors and led in the Salute to the Flag. Flag Salute
INVOCATION was given by Pastor Daniel Simonson of Christbridge Immanuel Valley Church Invocation
ROLL CALL
PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON Roll Call
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police
Chief Garcia, Director of Public Works Makshanoff, Economic Development Director
Coleman, Tierra West Consultant Jose Ometeotl, City Treasurer Hamilton, Director of
Recreation and Family Services Jacobs, Library Director Tovar, Library Adult Service
Supervisor Shashsavari, Director of Administrative Services/Chief Financial Officer Rrelmeler,
Director of Human Resources Hanson, Assistant Community Development Director Onaga,
City Clerk Mendoza, Deputy City Clerk Toscano.
Mayor Chagnon offered a Resolution entitled:
Res.07-C20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RECITING Reciting Fact
THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON MARCH 6, 2007, Of Election
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS Results
OF LAW. 3/6/07 Gen
Muni Elect
Moved by Mayor Chagnon, seconded by Counclimember Hardison and unanimously carried
to waive further reading and adopt. Resolution passed and adopted by the following vote of
the Council:
AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, ROCHA, CHAGNON,
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mr. Hardison addressed Council and audience stating that it has been a pleasure serving the Hardison
community of Azusa for the past thirteen years. Comments
Mrs. Chagnon addressed Council and audience noting the many positive things which took Chagnon
place In her tenure on the City Council such as meeting her husband, and having a son. She comments
talked about the firsts on Council; she was the youngest members of the Council, elected to
three consecutive terms which she stated will be part of history. She expressed her
appreciation to those she met while serving on the Council; from City Manager to line
employees and thanked staff, employees and her family, with a special thanks to Fran
Delach,City Manager and Sonia Carvalho,City Attorney.
City Manager Delach and Mr. Hardison presented a proclamation to Mrs. Chagnon from the Presentations
City of Azusa. Mr. Bill Baca, representing Senator Gloria Romero, presented Mrs. Chagnon To Mrs.
with a Certificate of Appreciation from the Senator and Ms. Mary McKenrick of the Azusa Chagnon
Chamber of Commerce presented her with a plaque expressing their appreciation. .
Reverend Gilbert Becerril of the Pathfinders Outreach administered the Oath of Office to Oath of Office
newly elected Mayor Joseph R. Rocha and newly elected Councilmember Uriel E.Macias. Rocha/Macias
Pastor Samuel Martinez of Christian Faith Center of the Valley administered oath to Angel A. Oath to Carrillo
Carrillo.
The City Council recessed for light refreshments at 7:25 p.m. The City Council reconvened at Recess
8:00 P.M. - - Reconvene
The Flag salute was led by Mr.Art Morales and Mr.Mike Lee, community members. Flag Salute
Invocation was given by Reverend Gilbert Becerril of the Pathfinders Ministry. Invocation
Mayor Rocha requested to the City Clerk's Office that the Rules of Decorum be placed on Rocha
Public Participation cards and that the cards be numbered. Requests
PUBLIC PARTICIPATION Pub Part
Mr. Greg Ahern addressed Council suggesting that they work together as a cohesive Council. G.Ahern
Mr. Jorge Rosales addressed Council reminding them that two years ago he was In favor of J. Rosales
appointing Mr. Macias to the Council but was told that wasn't possible because Mr. Macias Comments
had run for the Mayor seat, not Council. He also addressed the Redevelopment Agency
item, purchase 805 N. Dalton, stating that he didn't recall seeing the item, terms and
conditions of the purchase on a former agenda and that the staff report does not indicate
the source of funds.
Mr. Bill Sena addressed Council expressing his opposition to another election, stating that B.Sena
they shouldn't appoint a person who was not running for the Council seat, but the person Comments
with the next highest vote.
Mr. Patrick Mallon expressed his opinion stating that the City should hold a special election; P.Mallon
that the people only voted for two seats, not three and believes the Council has obligation to Comments
examine the cost, and evaluate all the potential people to fill vacancy, not Just the next
highest vote getter.
Mr. Horaclo Godoy expressed his opinion stating that as was done two years ago, the H. Godoy
Council should appoint the person with the next highest vote,who is Mr. Gonzales. Comments
Mrs. Jennie Avila addressed Council stating that she was the first Hispanic Councilwoman. J.Avila
She told a story of a would be burglar/homeless person who visited the museum and voiced Comments
her concern regarding the safety at parks. Mayor Rocha responded stating that he would
like to look into the possibility of reinstituting the Neighborhood Watch program and plans to
discuss this at future workshops.
Ms. Sandra Rentschler addressed Council stating that as in the last election, if you run for S. Rentschler
Mayor you run for Mayor, and if you run for Council,you run for Council; she stated there is Comments
no need to have a special election as residents In the City have made their choice, there has
been a precedence, and the third council seat should be appointed. -
Ms. Karen Johnson addressed Council stating that in keeping with tradition, they should K.Johnson
appoint Robert Gonzales. On another matter she advised that there is a need for new. Comments
couches at the Senior Center. She also suggested that if there is an issue with homeless,
you can call 211, if they need a place to stay, etc. .
Mayor Rocha inquired whether there would be new couches at Senior Center and City Rocha
Manager Delach responded that he staff is purchasing some type of furniture at that Comments
location.
Ms. Mary McKenrick of the Azusa Chamber of Commerce welcomed Mayor Rocha, and M.McKenrick
Councilmembers Macias and Carrillo, Stating that she looks forward to continued growth in Comments
the City.
03/19/07 PAGE TWO
Mr. Eddie Alvarez, candidate for the subject election thanked all for their help, stating that he E.Alvarez
made a lot of mistakes, but learned from the experience. He clarified that the late mailer Comments
that went out was the fault of U.S. Mail and a claim has been filed, but wanted to quell
rumors that it was sent out late because is was trying to campaign for the open seat, he
wasn't, it was just a rumor.
Mr. Mark Dickerson addressed Council announcing the Canyon City Foundation is hosting a M. Dickerson
breakfast workshop and Invited them as well as community organizations, on Tuesday, Comments
March 27, 2007, at 7:30 a.m. at Saint Frances of Rome church. He provide the following
website: www.canvoncityfoundation.org
Mr. Dennis Willut addressed Council and advised that the Senior Center complex doesn't D.Willut
have rain gutters, and his house, next door,gets flooded as well as his mother's garage. He Comments,
revisited the Issue of the business license fee that was sent to his mother for her business
and detailed the matter. He was referred to the City Manager for handling.
Mr. Jerry Rocha, a lifelong resident, made a recommendation, stating that rather than having J. Rocha
a special election, Council should choose the most quallfled candidate out of the candidates Comments
who ran during the elections.
Ms. Gloria Romero addressed Council stating that Diane Chagnon should not be appointed G. Romero
to the City Council and read a letter Into the record reflecting those sentiments. Comments
Ms. Stephanie Mills addressed Council stating that she voted for Gonzales for Council and S. Mills
reiterated that a precedence was set at the last election. Comments
Mr. Mike Lee requested that all keep in prayer soldiers that are in the war In Iraq, M. Lee
congratulated City Managers wife who was elected to Covina City Council, congratulated all Comments
new members of the Council and advised that Robert Gonzales should be appointed to the
vacant Council Seat.
Mr. Art Morales expressed congratulations to all Councilmembers, and requested that they A.Morales
appoint Robert Gonzales to the vacant seat on the City Council. Comments
Mr.Roman Seano addressed Council stating that the Council set a precedence in 2005 and R.Seano
should appoint Robert Gonzales to the vacant Council seat. He stated a special election will Comments
be costly and that Diane Chagnon was not elected; the will of the people and the results of
the election are being Ignored.
Mr. Dick Stanford, former City Council stated that the City is fortunate to have Joe Rocha as D. Stanford
a leader and Is blessed; he stated that It takes three to make a decision for Council, but Comments
takes five to make it Work.
Mr.Salvador Martinez expressed his opinion in favor of Robert "Gonzo" to be appointed the S.Martinez
vacant council position. Comments
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates
Councilmember Carrillo requested that a contribution be made to the Azusa National Little Carrillo
League to purchase paint to eradicate graffiti from their facility. It was consensus to direct Comments
the City Manager work with organization regarding the matter. Discussion was held
regarding the amount of the contribution and City Attorney advised that It should be directed
to the City Manager to decide whether It should be agendized at a future meeting.
Councllmember Hanks shared an article regarding the 605 and 10 freeway funding, which Hanks
consisted of lobbying efforts by surrounding valley cities. He noted the Importance of those Comments
cities to also support the dispute going on with regard to who should fund Gold Line. He
stated that Azusa should support them and they could support Azusa,when needed with the
MTA, who have not put the funding money in its operating plan and the Federal will not give
the funding for the project If there Is no money for the operation of the Gold Line.
Councilmember Carrillo added comments stating that he was glad that Councilmembers Carrillo
from Baldwin Park and La Puente are In support of the Gold Line and will continue to lobby Comments
for the funding. He talked about the excitement of going to Washington and meeting with
local legislators.
Councllmember Macias thanked departing Councilmembers Chagnon and Hardison for their Macias
public service record and also thanked the community and his helpers for their support. Comments
03/19/07 PAGE THREE
I
Mayor Rocha requested that the meeting be adjourned in memory of Cruz F. Moreno, Rocha
Norma Becerril, Esther Torres, and Soledad Garcia. He advised that there will be a ribbon Comments.
cutting ceremony for Ill'orno Cafd at 5:30 p.m. on.March 26, 2007 and a Woman's Club
Prayer Breakfast on Wednesday, March 28, 2007, at 8:00 a.m. to 9:00 a.m. at the Azusa
Woman's Club.
Moved by Councilmember Macias, seconded by Councilmember Carrillo and unanimously Cert&Proc
carried that the following proclamations and/or certificates be approved and presented Requested and
accordingly: (a) Certificates of recognition to Azusa Girl Scout Troop # 912 who Approved
participated in the Bike Path Clean Up. (b) Proclamation to Mr. Bob Donnelson for his
dedicated services to the City. (c) Certificate to the City of Duarte in honor of its 50t°
Anniversary. (d) Certificate of Recognition In celebration of the 100 ' Birthday of Agnes
Antoinette Peterman on March 22, 2007. (e) Proclamation for National Library week in April.
(f) Certificates of Recognition to Elaine Strickland and her Art Class from Sierra High School
for artwork on the Talley Building. (g) Proclamation observing Child Abuse Prevention Month
In April requested by the San Gabriel Children's Center. (h) Proclamation for General
Federation of Women's Clubs (GFWC) Federation Day on April W(i) Certificate of welcome
to celebrate the opening of 11 Forno Cafe. Q) Proclamation observing Armenian Genocide
Day.
Sched Items
SCHEDULED ITEMS
Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Hanks appt
carried to appo'.iit Keith Hanks as Mayor Pro-Tem. Mayor Pro-Tem
Discussion was held among Councilmembers and Staff regarding options for filling the Discussion
Council seat left vacant due to the election of Joseph Rocha to the position of Mayor; there Re: Filling
are two years remaining on the City Council seat. City Attorney Carvalho presented options Vacancy
as follows: fill the vacancy by appointment or to call for a special election,within 30 days of
the vacancy date. After discussion the following motions were made:
Moved by Councilmember Hanks, seconded by Councilmember Carrillo to create an Ad-hoc Ad-hoc
committee to take time to develop a good team. Committee
A substitute motion was presented as follows: Moved by Councilmember Macias, seconded Motion to
by Mayor Rocha to appoint Robert Gonzales to fill the unexpired vacancy. Mayor Pro-Tem Appoint
Hanks voted no, Councilmember Carrillo voted no, and Mayor Rocha voted yes and Gonzales
Councilmember Macias voted yes. There was no majority vote. No vote
Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously Ad-hoc
carried, as an amended motion, to appoint an Ad-hoc committee to consider options for Committee
filling the unexpired vacancy and come back with recommendations at a March 26� Hanks and
Adjourned meeting, following the Utility Board Meeting. Mayor Rocha appointed Mayor Macias
Pro-Tem Hanks and Councilmember Macias to be on the Ad-hoc Committee.
City Attorney Carvalho advised that Council has thirty days to make a decision and could call City Attorney
a special meeting at any time during the thirty days if they wished to discuss the issue, but, Comment
discussion should be held at a public meeting.
City Manager Delach presented item regarding the Implementation of Recommendations by Recommenda-
the Azusa Citizens' Committee for Code Compliance and stated that the Matrix included is tions
complicated, but have not received questions from Council regarding it, and recommended ACCFCC
approval. Assistant City Manager Person detailed the Matrix, explaining each column, i.e. Discussion
Current Code, Committee Recommendations, Staff Recommendations and Council
Comments, regarding the miscellaneous front yard setbacks and noted minor changes
Committee added and stated that staff'has no disagreements with them. He noted that the
Current Code does not allow for accessory structures in the rear yard anywhere where it is
visible from the street and the Committee's Recommendation does allow them; he
discussed the matter with the Chairperson of ACCFCC and they have agreed that the they
would not allow accessory structures In the rear yard if they were viewable from the street.
He asked that the recommendations be held in abeyance, until Issues regarding Temporary
Sign and Recreation Vehicles are presented and the code would be revised all at one time.
He responded to questions regarding noticing to residents regarding changes, of which he
responded there will be an outreach program. Staff responded to question stating that
anything visible over a five foot wall is prohibited; a structure can be put in the rear yard, but
It can't be visible, unless it is temporary as in tent, birthday bouncers, etc. Antique car
covers are allowed if they are not visible from the street.
03/19/07 PAGE FOUR
r:..,
• Moved by Councilmember Hanks, seconded by Councilmember Carrillo and carried to direct Recommenda-
• City Attorney to incorporate the recommended changes to the City of Azusa Development tions
Code, at its next scheduled revision, as recommended by the Azusa Citizens' Committee for approved
Code Compliance and staff,Mayor Rocha dissenting.
The CONSENT CALENDAR consisting of Items F-1 through F- 1 1 was approved by motion Consent Cal
of Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks and unanimously carried. Approved
Councilmember Macias commented on items F-8 and F-9, stating they were good projects
and thanked staff for bringing them forward.
1. Minutes of the regular meeting of March 5, 2007,were approved as written. Min appvd
2. Human Resources Action Items were approved as follows: HR Actlon
Promotional Appointment: S. Cabral, Field Service Representative, effective 2/21/07. Items
3. The change order to the WF construction, Inc. contract for the Pedestrian Breezeway Breezeway
Project in the amount of$35,675,was approved. Change order
4. The purchase of two internet programmable V-Calm traffic signs for school zone use Purchase
from Forte]Traffic, Inc.and two non-programmable speed units for deployment in non- Speed Signs
school zones from DDL Traffic, Inc.,was approved. PD
5. The Memorandum of Understanding for the Police Department to extend an agreement MOU Irvin
with the Irwindale Police Department and the Los Angeles County Illegal Street Racing Police Depart
and Driving under the Influence Enforcement was approved. Illegal Pacing
6. The Notice of Completion for construction of Gladstone Park Concrete Parking lot and NOC Gladstone
Access Road was approved as completed by Martinez Concrete In, in the amount of Park Parking
$87,843.75, and authorization was given to file sale with Los Angeles County Recorder. Lot
7. The Final Tract Map No. 54057-14, Heritage Oaks at Rosedale was approved and Final Tract
Council acts and rinds as follows: 1. That this project complies with the General Plan Map No.
and is consistent with the approved tentative map and any amendments thereto. 54057-14
2.The street dedications as offered on the map are hereby approved and accepted. 3. Heritage Oaks
The City Council approves and authorizes the City Manager to execute the attached Rosedale
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR TRACT NO. 54057-
14 to construct the required public Improvements and also accept the attached Faithful
Performance Bond In the amount of$219,036, the attached Labor and Materials Bond
for $109,518 as guaranteed by Arch Insurance Company. 4. That pursuant to Section
66436(a)(3)(A)(1-vii) of the Subdivision Map Act, the City Council hereby finds that the
.development of the property, in the manner set forth on the subject division of land,
will not unreasonably interfere with the free and complete exercise of the easements
held by Monrovia Nursery Co., Azusa Land Partners, LLC, Azusa Land and Water Co.
and Southern California Edison Co.,and accepts the map without the signatures of said
easement holders. 5. Approve Final Tract Map No. 54057-14, and 6. The City Clerk is
hereby authorized to endorse on the face of the maps the certificates, which embodies
the approval of said map and acceptance of street dedications.
8. Approval was given to adopt a Youth Employment Plan to satisfy the "at-risk youth" Youth Emplmt
employee component of the Los Angeles County Regional Park and Open Space Plan
District, Proposition A funded Forest Gateway Interpretive Center Project.
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO ADOPT THE ICMA Res.07-R21
RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PIAN ACCOUNT NO. ICMARC
30-6063.
10. Authorization was given to provide letters to key legislators and the Governor Letter Support
supporting the adoption of SB 266 (Steinberg), which will provide local governments SB 266
with an additional tool to combat illegal street racing by allowing vehicle forfeiture for Steinberg
those engaging in this dangerous activity.
11. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C22
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
03/19/07 PAGE FIVE
SPECIAL CALL ITEMS Special Call
None. None
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:02 P.M. CRA convene
THE CITY COUNCIL RECONVENED AT 10:15 P.M. Cncl reconvene
Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Closed Sess
carried to recess to Closed Session to discuss the following: -
CLOSED SESSION
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8)
Property Address: 858 North Azusa Avenue,Azusa, CA 91702
Negotiating Parties: Howard J. and Janet Choi
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS fGov.Code Sec. 54956.8)
Property Address: 832 North Azusa Avenue,Azusa, CA 91702
Negotiating Parties: Ale:dos and Tashla Vagenas
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956
Property Address: 826 North Azusa Avenue,Azusa, CA 91702
Negotiating Parties: Martin G.&Teresa Habern
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
Property Address: 812 North Azusa Avenue,Azusa, CA 91702
Negotiating Parties: John R. &Lillian 0. Cortez
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
Property Address: 810 North Alameda Avenue,Azusa,CA 91702
Negotiating Parties: LLC—as Vestee
Agency Negotiators: City Manager Delach and Assistant City Manager Person
` Under Negotiation: Price and Terms of payment
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Gov.Code Sec. 54946
(a). Case name: City of Azusa Redevelopment Agency v. Hagopkarakin Kouyoumdjian,
Christiane Mary Kouyoumdjian, Lyle A. Moritz and Mary A. Moritz - Los Angeles Superior
Court Case No. BC362770
The City Council reconvened at 11:18 p.m. City Attorney Carvalho advised that there was no No Reports
reportable acrion taken in Closed Session and that Conference with Legal Counsel was Conf w/Legal
continued to March 26, 2007 Adjourned Regular meeting. - Cnsl Continued
UPCOMING MEETINGS: March 26, 2007, Utility Board Meeting—6:30 p.m.
April 2, 2007, City Council Meeting—6:30 p.m.
April 16, 2007, City Council Meeting—6:30 p.m.
It was consensus of the Councilmembers to adjourn in memory of Cruz F. Moreno, Esther Adjourn in
Torres,Soledad Garcia, and Norma Becerril Memory of
Cruz F. Moreno
TIME OF ADJOURNMENT: 11:19 P.M. Norma Becerril
Esther Torres
Soledad Garcia
CITY CLERK
NEXT RESOLUTION NO. 2007-C23.
NEXT ORDINANCE NO.2007-05.
03/19/07 PAGE SIX
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
SPECIAL MEETING
MONDAY, FEBRUARY 26,2007—7:35 P.M.
The City Council of the City of Azusa met in special session at the above date and time in the
Azusa Light and Water Conference Room, 729 N.Azusa Ave.
Mayor Chagnon called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: HARDISON,CARRILLO, HANKS, ROCHA,CHAGNON
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Manger Delach, Assistant City Manager Person, Administrative Services Director/Chief
Financial Officer Krelmeier, Police Captain Gonzales, City Clerk Mendoza, Deputy City Clerk
Toscana.
PUBLIC PARTICIPATION Pub Part
None. None
AGENDA ITEM Agenda Item
MID YEAR REVIEW OF FY 2007 BUDGET. Administrative Services Director/Chief Financial Mid Year
Officer Kreimeler provided a presentationof the Mid-Year Budget Overview as follows: Review of FY
Accomplishments: Rosedale CFD formation and bond Issuance,Water Facilities bond Issue 2007 Budget
and Treatment plant groundbreaking, successful negotiation of Downtown Development
proposals and needed property acquisitions,signing of Development Agreement for Foothill
Shopping Center Revitalization and completed year four of the Pavement Management Plan.
He noted the revised Fund Balance, Revenue Issues, i.e. Property Taxes,VLF in Lieu Taxes,
Sales Tax. Utility Users Tax,and Interest Income. Expenditure Issues were noted as follows:
Anticipated Fire Safety Contract Increases-Spring Revise, Liability/workers Comp Expenses,
Pavement Management Program Costs,Property Tax Administration and APMA contract costs.
He noted the need for Fiscal Prudence, Budget Philosophy and FY 07-08 Budget Issues as
follows: Negotiations with APOA, Inflation—3.2%from January 06 to January 07, Increased
Service Requirements for Rosedale Development,Increase in Fire Safety Costs,Police Hiring-
2 additional officers, and Workers Compensation Costs. He presented the FY 07-08 Budget
Schedule and Budget format. He responded to questions posed by Councilmembers.
Moved by Mayor Pro-Tem Rocha, seconded by Councilmember Hardison and unanimously Adjourn
carried to adjourn.
TIME ADJOURNMENT: 8:00 P.M.
CITY CLERK
NEXT RESOLUTION NO. 07-C17.
top
�G
_ cq<lFOR��P
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/f Vik%
DATE: APRIL 2, 2007
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
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
On March 15 & 27, 2007 the Personnel Board confirmed the following Department Head
recommendations) regarding the following Personnel Action request(s).
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
=DEPART `NAME" CLASSIFICATION "' FACTION/EFF RANGE/STEP
)DATEBASE NO SALARY;
Police Jorge Arias Police Officer Merit Inc 6101/4
1-15-07 $5,689.99
Police Robert Police Officer Merit Inc 6101/3
Landeros 1-17-07 $5,416.22
Police John Momot Police Lieutenant Merit Inc 3423/5
3-25-07 $8,425.00
Police Xavier Torres Police Sergeant Reg Appt 6501/3
1-15-07 $6,420.80
Utilities Felicia Cawte Administrative Technician Merit Inc 4169/3
2-16-07 $3,795.31
Utilities Scott Hall Apprentice Line Mechanic Merit Inc 5204/4
2-16-07 $5,704.06
Utilities Christopher Apprentice Line Mechanic Merit Inc 5204/3
Williams 2-16-07 $5,438.37
Utilities Rachel Tapia Customer Care Operations Merit Inc 5203/5
Su yr 2-29-07 $5,635.13
Utilities Anthony Silva Water Distribution Merit Inc 5188/5
Equipment O r 9-2-06 $4,929. 19
Utilities Richard Water Distribution Worker 1 Merit Inc/Reg 5167/2
Gonzales Appt $3,483.20
2-28-07
Utilities Jesus Sanchez Water Distribution Worker 1 Merit Inc 5167/4
2-16-07 $3,836.42
B. NEW APPOINTMENT: The following appointments have been requested by department heads
pursuant to the Rules of The Civil Service System.
DEPARTMENTNAME � , CLA5SIFICA71O _ '"`J 'EFFECTIVE Z RANUMEP;,,
«r F SE�MO SALARY`.
DATES;,
Library Leila Hassen Librarian —Youth Services Pending phy & 4175/1
fingerprints $3,661 .25
Police Todd Community Service Officer 4-9-07 9170/1
Rasmussen I 1 1 $3,456.43
Public Works Israel Del Toro Management Analyst Pending phy & 3295/2
fingerprints $4,630.00
C. FLEXIBLE STAFFING PROMOTION: The following flexible staffing promotional appointments
have been requested by department head(s) pursuant to the Rules of the Civil Service System.
DEPART NAME, ka
.aCLASSIFICATIONS g`� *� EFFECTIVE RANGE/STEPS �
' n
6 µ FR0 TON ° a» `DATE BASE`MO :
b
A, ALARY, w ,
Utilities Adam From: Apprentice Line Mechanic 3-22-07 5218/4
Anderson To: Line Mechanic $6,538.13
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
U t
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER -
DATE: APRIL 2, 2007
SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF FEBRUARY 2007
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 February 2007.
BACKGROUND:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of February 2007. 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.
FISCAL IMPACT:
The balances of cash, investments, and projected revenues for the next six months
are expected to be sufficient to meet cash disbursement requirements of the City for
at least the next six months.,
CITY OF AZUSA TREASURER'S REPORT
Treasury Checking Accounts and Certificates of Deposit FEBRUARY 28, 2007
Held in Wells Fargo Bank
'repared by: Marcene Hamilton, Treasurer
Face MaturityInterest or Balance
• Account Number Coupon Description or
Amount Date Rate or CUSIP Market Value
Checking Accounts
General Checking Account 495-0041244 1,531,975.00
4.980% Overland Sweep Account DDA 495-0041244 2,395,605.39
Worker's Compensation Checking 0606-050318 106,886.59
Flexible Reimbursement 0606-055036 18,342.83
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 94,352.33
200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00
ISO Collateral Account
Every 30
300,000 Days 0.050% Certificate of Deposit 300-0311658 310,181.34
1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,197,020.94
Covington Endowment
100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 12847554 104,567.26
TOTALS 6,759,220.80
CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS FEBRUARY 28, 2007
Prepared by'. Marcene Hamilton,Treasurer
Coupon Maturity Settlement Market Price
Broker Face Amount Description Rate Date AccUCuslO No. Dale Principar (Changes Market Value"
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Gilford 1,000000.00 FHLMC 4.50004/18/07 4.500% 04118/07 312BX40U8 10/18105 1000000.00 99.890000 996900.00
WFB 5,000,000.00 FHLB 3.10005/21/07 3.100% 05/211D7 3133MY067 05/21/03 5000,000.00 99.510000 4975500.00
Gifford 2000000.00 FHLMC 4.05009/24107 COW% 09/24/07 3128X36R9 07/01105 1999375.00 99.330000 1986600.00
Higgins 2,000000.00 FHLB 5.05010/11/2007 5.050% 10111107 3133XF4M5 04/1/106 2000000.00 99.880000 1997600.00
Gifford 1000n0000 FHLMC 4.37510/18107 4.375% 10118/07 3128X4NU1 10/18105 1000000.00 99.460000 994,600.00
Gilford 1000000.00 FHLB 4.90011121107 4.900% 11/21/07 3133XDTW1 02/02/06 9989D5.00 99.800000 998000.00
Hi Ins 2,000000.00 FHLMC 5.05002122108 5.050% 1 02/22,08 3128X4H79 03/23/06 1.996.300.001 99.990000 1999600.00
Gifford 1000000.00 FHLMC 5.30004111/08 5.300% 04/11108 3128X4Z61 05/02106 998750.00 100.020000 1000200.00
Gilford 2,000000.00 FHLMC 3.6254117/08 3.625% 04117108 3128X04M8 04/17/03 1994000.00 98.520000 1970400.00
Gilford 2000000.00 FHLB 3.00006110108 3.000% 06/1&08 31339XJA3 06/19/03 2003125.00 97.660000 1953,200.00
WFB 2500000.00 FHLB 3.00007114108 3000% 07/14MO 31339Y2X9 07/14/03 2500000.00 97.570000 2439250.00
WFB 5000000.00 FHLB 4.02011/21108 4.020% 11/21/08 3133MYKVB 05/21/03 5,000000.00 98.600000 4 930 000.00
Higgins 2,000,000.00 FHLB 5.5000424109 5.500% 04/24/09 1 3133XFBPO 04124106 2000000.00 99.940000 1998800.00
WFB 2000.000.00 FHLB 4.30007/14109 4.300% 07/14/09 3133XCDO3 07/14105 2000000.00 98.860000 1977200.00
Gifford 2.000,000.00 FHLB 4.35009/01109 4.350% 09101109 3133XBC26 09101104 2000,000.00 98.600000 1972000.00
Gilford 2,000,000.00 FHLB 4.20012/1$109 4.200% 12115/09 3133X9N48 12115104 2000000.00 98.440000 1968800.00
Hi ins 2.000.000.00 FHL85.625"127/10 5.625% 04/27110 3133XFCE4 04/27/06 2000,000.00 99.980000 1999600.00
Higgins 2,000,000.00 FHLB 5.50005/28/1 D 5.500% 0512811D 3133XFPV2 05/30/06 2,000000.00 101D.280000 2,005600.00
Higgins 2000000.00 FHLMC 5.2502124111 5.250% OV24111 3128X41056 06/14106 1982,640.00 100.270000 2005400.00
Higgins 2,000,000.00 FNMA 6.000 0525/11 6.000% 05/25/11 31359MN56 05/25/06 2,000000.00 - 100.100000 2,002,000.00
Wachovia 2.000 000.00 FNMA 5.75006/09111 5.750% 1 06/09/11 31359MPSO 06109106 2000000.00 100.560000 2011200.00
TOTALS 44,500,000.00 I 1 44,473,095.011 44,184650.00
Light&Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds
WFB 3000000.00 FHLB 3.5000012/08 3.500% 02112/0B 3133X3ND1 02/12104 3,000,000.00 98.600000 2958000.00
WFB 3.000.000.00 FHLB 4.000 lOfOMS 4.000% 10/0B/0B 3133X1HZ3 10108103 3,000000.00 98.68D000 2960400.00
WFB 3,215,000.00 FHLB 4.15004f30/09 4.150% 04130/09 3133X6AW6 04130104 3,215,OOD.00 98.450000 3,165,167.50
TOTALS 9,215,000.00 9,215,000.00 9,083,567.50
LAIF LOCAL AGENCY INVESTMENT FUND 5.156% N/A NIA N/A 15,672,322.35 100.000000 15,672,322.35
TOTAL INVESTMENTS IN FEDERAL AGENCI ES AND LAI F 69,360,417.35 68,940,539.85
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2DD6) 2,302,428.73
'The'Pdncipar column reflects the balance on the last day of Me month Or the Tistorical cost"spent to purchase a seventy.
-'The*Market Value-is the wment price at vnlch a security can be tmtled or sold.
Treasurer Repon-Febmary 2007 3202007 7:07 PM
CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS
TREASURY INVESTMENTS Thru February 28, 2007
Irepared by: Marcene Hamilton, Treasurer
Scheduled Scheduled Interest
Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment Annual Semi-Annual Received
Rate Date Schedule Interest Payment Fiscal Year to
Earnings Amount Date'
:ity of Azusa Investments - AAA Rated Federal Agency Bonds
1,000,000.00 1,000,180.00 3.500% 08/15/06 3133MQSS4 Matured 35,000 17,500 17,325.28
1,000,000.00 997,693.33 3.125% 09/15/06 3133X9UG3 Matured 31,250 15,625 17,931.67
1,000,000.00 1,000,000.00 4.000% 01/26/07 3133XCHLO Matured 40,000 20,000 40,000.00
1,000,000.00 1,000,000.00 4.500% 04/18/07 3128X4QU8 10/18&4/18 45,000 22,500 22,500.00
5,000,000.00 5,000,000.00 3.100% 05/21/07 3133MYQ67 11/21 &5/21 155,000 77,500 77,500.00
2,000,000.00 2,000,000.00 5.375% 06/22/07 3133XFQE9 Called 107,500 53,750 26,675.00
2,000,000.00 2,021,200.00 4.0509/6 09/24/07 3128X36R9 9124&3/24 81,000 40,500 40,500.00
2,000,000.00 2,000,000.00 5.050% 10/11/07 3133XF4M5 10/11 &4111 101,000 50,500 50,500.00
1,000,000.00 1,000,000.00 4.375% 10/18/07 3128X4NU1 10/18&4/18 43,750 21,875 21,875.00
1,000,000.00 1,008,568.89 4.900% 11/21/07 3133XDTW1 11/21 &5/21 49,000 24,500 24,500.00
2,000,000.00 2,004,997.22 5.050% 02/22/08 3128X41-179 8/22&2/22 101,000 50,500 ;x101;000.00
1,000,000.00 1,001,841.67 5.300% 04/11/08 3128X4Z61 10/11 &4/11 53,000 26,500 26,500.00
2,000,000.00 1,994,000.00 3.625% 04/17/08 3128X04M8 10/17&4/18 72,500 36,250 36,250.00
2,000,000.00 2,003,125.00 3.000% 06/18/08 31339XJA3 12119 &6/19 60,000 30,000 30,000.00
2,500,000.00 2,500,000.00 3.000% 07/14/08 31339Y2X9 7/14& 1/14 75,000 37,500 75,000.00
5,000,000.00 5,000,000.00 4.020% 11/21/08 3133MYKV8 11/21 &5/21 201,000 100,500 100,500.00
2,000,000.00 2,000,000.00 5.500% 04/24/09 3133XFBPO 10/24&5/24 110;000 55,000 55,000.00
2,000,000.00 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7/14& 1/14 86,000 43,000 86,000.00
2,000,000.00 2,000,000.00 4.350% 09/01/09 3133X8C26 9/1 &3/1 87,000 43,500 43,500.00
2,000,000.00 2,000,000.0& 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,000 42,000.00
2,000,000.00 2,000,000.00 5.625% 04/27/10 3133XFCE4 10127&4127 112,500 56,250 56,250.00
2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/28&5/28 110,000 55,000 1 54,388.89
2,000,000.00 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 105,000 52,500 s««105,000.017
2,000,000.00 2,000,000.00 6.000% 05/24/11 3136F71363 Called 120,000 60,000 60,000.00
2,000,000.00 2,000,000.00 6.000% 05/25/11 31359MN58 11/25&5/25 120,000 60,000 60,000.00
2,000,000.00 2,000,000.00 5.750% 06/09/11 31359MP80 12/9&6/9 115,000 57,500 57,500.00
51,500,000.00 2,300,500 1,150,250 1,328,395.84
.ight&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds
3,000,000.00 3,000,000.00 3.500% 02/12/08 3133X3ND1 8/12&2/12 105,000.00 I 52,500.00 X1(15,00000
3,000,000.00 3,000,000.00 4.000% 10/08/08 3133X1 HZ3 10/8&4/8 120,000.00 1 60,000.00 1 60,000.00
3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6 10/30&4/30 133,422.50 1 66,711.25 66,711.25
9,215,000.00 358,422.50 231,711.25
16,113,314.39 5.1817 N/A N/A Quarterly 1 .Per Balance and Rate 742,321.64
TOTAL INTEREST EARNED 2,302,428.73
Fiscal Year: July 1 -June 30
6
wr41VA
rya
C
�i,
,11111r
+NII
A
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALBERT TOVAR, DIRECTOR OF LIBRARY SERVICES
VIA: F.M. DELACH, CITY MANAGERi
DATE: APRIL 2, 2007
SUBJECT: BUDGET AMENDMENT - CANYON CITY FOUNDATION GRANT FUNDS
RECOMMENDATION
It is recommended that the City Council accept a $15,000 grant from the Canyon City
Foundation and authorize spending for the purpose of hiring a community consultant
to identify future projects for funding consideration and write the next grant
submission to the foundation.
BACKGROUND
The grant check in the amount of $15,000 was presented to the Library Director at a
funding ceremony on December 4, 2006.
The Library Department is now ready to spend these funds to hire a consultant who
will identify sustainable community-building projects that will meet Library, City of
Azusa, and Canyon City Foundation goals. This same consultant will also work closely
with the Library Director and arrange a meeting with the executive director of the
Canyon City Foundation to ensure that all requirements are met.
Projects identified for future funding will focus on the library informational and
recreational needs of Azusa residents and will be collaborative in nature.
The City Library is in the process of releasing a Request for Proposals (RFP) to identify
a list of potential consultants.
?) J(/ V-2/°7
&IV/1M
1
FISCAL IMPACT
This action amends the Library Department budget by $15,000. The amount received
is adequate to hire a consultant and complete the work to the satisfaction of the
Canyon City Foundation as required by the grant. The check from the Canyon City
Foundation has been deposited into a grant fund account and expenses will be
charged against an Outside Services account within the Library Department. These
grant funds will be expended by June 1, 2007.
Attachment:
1. Award letter from the Canyon City Foundation
2
..;:i•:::', ,p;:,..
,•;'.1:e n� � r3 a ,7Xr -4--/ :•!::1':';')'"4"--
' ' 1,--:-.4.f +3. ` ' l '� ,
. t z a. r-g#ice""' ;a � "` . -
�ia1 �
• x. - .� i�wc ----:'_-..-7.--- ?,,, ,-,:".' o
* . a.. _ --- r -=',4- - ,
+ ,W ;s,� <
} d"z-� :.i.- _...:.. . -.`-r0i . ,, .r, t' •
y
;�
r ,� -3"^` :,. _ A4.,L. te_ („_,..441 1/. ;> � t •:ti.,�+t3 +-^ y-Y ;
4 -.s • " --. e•`C`7 ` . x1 .,
5
# The Canyon City Foundation r , a : , -=" =
November 15, 2006
Board of Directors
Miles Rosedale, President
Marianne Hlava
Dear Mr. Tovar:
Carl Fonoimoana
Mark Dickerson The Board seeks to work diligently to ensure that The Canyon City Foundation
Rick Cole contributes to the success of work here in the City of Azusa that builds and
strengthens our community. We were pleased to offer the Pre Funding
Workshop in the late summer as well as the Roundtable Discussion with
representatives from Friends of the Library,the Library Commission and your
staff. We will continue to explore ways in which the Foundation can encourage
and build on the work of service providers such as yours.
On behalf of the Board of Directors,I want to thank you for your time and energy in crafting a
proposal to The Canyon City Foundation. The Board received twenty(20)proposals requesting
over$300,000! The magnitude of the request highlights the many needs in the City of Azusa.
Further,the proposals provided insight to the Board regarding the services that many
organizations are providing. As one of the many agencies that serve Azusa residents,you can be
proud that you have joined the ranks of those who have recognized a need and are engaged in
addressing that need.
The Board has spent over 200 hours reviewing and discussing the various proposals. Because of
funding limitations, it was necessary for us to prioritize our grants based on the criteria we
communicated in our Call for Proposals. Many of the proposals addressed pressing needs in our
community,but did not demonstrate how the project would build ongoing community capacity.
In response, we attempted to be creative by suggesting to organizations ways that their proposal
might be modified to create further community capacity and to forge partnerships where possible.
The decisions were difficult because all of you are providing needed services to the residents of
the city. Unfortunately we were unable to fund your proposal as it was presented. However,the
Board is pleased to offer a grant of$15,000 to your organization to pay for the services of a
consultant to work with your organization to craft possible projects that would meet the criteria
as set forth by the Foundation. Should you desire a possible list of consultants,please feel free to
contact us and we will provide a list for your consideration.
PO Box 429 Azusa, California 91702 www.canyoncityfoundation.org
Page 2 of 2
The Board is extending to you and key representatives of your organization,the opportunity to
meet with us on Monday,November 27th so that we may personally congratulate you. We will
also present you with your check at this time, should you bring your signed copy of this
document. The event will be at the headquarters of Monrovia Growers from 5:00-7:00 PM.
We also would like a representative of your organization available on Monday,December 4th
when we make the announcement in the City Council Chambers (213 E. Foothill) at 7:30PM.
Please contact Laurie Lund at(626)334-9321 to let us know of your attendance at both
events by November 17th.
The grant is to be used only for the stated purpose. The grantee will repay the Canyon City
Foundation any portion of the amount granted that is not expended for the purposes identified.
This grant cannot be modified without prior approval of the Canyon City Foundation. Thus, if
there is any change in the nature of the program for which the funds have been granted,the
Foundation requests that you contact us before expending the balance of the grant.
This is a one time grant award. If your organization seeks additional dollars,your organization
may apply the next grant cycle.
Full accounting of the expenditures of these funds and a narrative report on the grant-
supported project(s) are required as a condition of this grant. The narrative and financial
reports are to be submitted by June 1,2007. Please note that failure to comply with the
reporting requirements may impact subsequent grant decisions and payments. The
Foundation reserves the right to request additional information and/or interim reports.
The Canyon City Foundation is making this grant with the understanding,based upon the
Grantee's representation,that the Grantee is a tax-exempt organization of the type described in
Section 501(c)(3) of the Internal Revenue Code, and that it is not classified as a"private
foundation" as the term is defined in section 509(a) of the Internal Revenue Code. By executing
this agreement,the Grantee represents that their status has not been revoked or modified. The
Grantee is required to notify the Foundation of any significant organizational changes during the
term of the grant. This would include but not be limited to key personnel or tax status.
Please sign and return this grant agreement in the envelope enclosed as evidence of your
understanding and acceptance of its terms and conditions. A copy of this agreement is enclosed
for your records. Upon receipt of the signed agreement,the grant money will be provided to you
under the terms and conditions set forth above.
Page 3 of 3
Again,thank you for the work that you are doing to make our city a stronger and healthier
community.
Sincerely,
7/71v /64>/gpeca_k_
Iles Rosedale
Albert Tovar, Director of Library Services Date
City of Azusa
_ ----
��trrvW tiP
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALBERT TOVAR, DIRECTOR OF LIBRARY SERVICES
VIA: F.M: DELACH, CITY MANAGERS
DATE: APRIL 2, 2007
SUBJECT: BUDGET AMENDMENT — CANYON CITY FOUNDATION GRANT FUNDS
RECOMMENDATION
It is recommended that the City Council accept a $15,000 grant from the Canyon City
Foundation and authorize spending for the purpose of hiring a community consultant
to identify future projects for funding consideration and write the next grant
submission to the foundation.
BACKGROUND
The grant check in the amount of $15,000 was presented to the Library Director at a
funding ceremony on December 4, 2006.
The Library Department is now ready to spend these funds to hire a consultant who
will identify sustainable community-building projects that will meet Library, City of
Azusa, and Canyon City Foundation goals. This same consultant will also work closely
with the Library Director and arrange a meeting with the executive director of the
Canyon City Foundation to ensure that all requirements are met.
Projects identified for future funding will focus on the library informational and
recreational needs of Azusa residents and will be collaborative in nature.
The City Library is in the process of releasing a Request for Proposals (RFP) to identify
a list of potential consultants.
` i u aA
1
FISCAL IMPACT
This action amends the Library Department budget by $15,000. The amount received
is adequate to hire a consultant and complete the work to the satisfaction of the
Canyon City Foundation as required by the grant. The check from the Canyon City
Foundation has been deposited into a grant fund account and expenses will be
charged against an Outside Services account within the Library Department. These
grant funds will be expended by June 1 , 2007.
Attachment:
1 . Award letter from the Canyon City Foundation
2
.1 � - .k- Sri „r - _ v...._ Yy{nfi. � . ro�3 � •~�
` The Cafly®67 Clt� Foundati®61
November 15, 2006
Board of Directors
Miles Rosedale, President
Marianne Hlava
Dear Mr. Tovaz:
Carl Fonoimoana
Mark Dickerson The Board seeks to work diligently to ensure that The Canyon City Foundation
Rick Cole contributes to the success of work here in the City of Azusa that builds and
strengthens our community. We were pleased to offer the Pre Funding
Workshop in the late summer as well as the Roundtable Discussion with
representatives from Friends of the Library, the Library Commission and your
staff. We will continue to explore ways in which the Foundation can encourage
and build on the work of service providers such as yours.
On behalf of the Board of Directors, I want to thank you for your time and energy in crafting a
proposal to The Canyon City Foundation. The Board received twenty(20)proposals requesting
over$300,000! The magnitude of the request highlights the many needs in the City of Azusa.
Further, the proposals provided insight to the Board regarding the services that many
organizations are providing. As one of the many agencies that serve Azusa residents,you can be
proud that you have joined the ranks of those who have recognized a need and are engaged in
addressing that need.
The Board has spent over 200 hours reviewing and discussing the various proposals. Because of
funding limitations,it was necessary for us to prioritize our grants based on the criteria we
communicated in our Call for Proposals. Many of the proposals addressed pressing needs in our
community,but did not demonstrate how the project would build ongoing community capacity.
In response, we attempted to be creative by suggesting to organizations ways that their proposal
might be modified to create further community capacity and to forge partnerships where possible.
The decisions were difficult because all of you are providing needed services to the residents of
the city. Unfortunately we were unable to fund your proposal as it was presented. However,the
Board is pleased to offer a grant of$15, 000 to your organization to pay for the services of a
consultant to work with your organization to craft possible projects that would meet the criteria
as set forth by the Foundation. Should you desire a possible list of consultants, please feel free to
contact us and we will provide a list for your consideration.
PO Box 429 Azusa, California 91702 www.canyoncityfoundation.org
Page 2 of 2
The Board is extending to you and key representatives of your organization, the opportunity to
meet with us on Monday,November 27th so that we may personally congratulate you. We will
also present you with your check at this time, should you bring your signed cony of this
document. The event will be at the headquarters of Monrovia Growers from 5:00-7:00 PM.
We also would like a representative of your organization available on Monday,(December 4th
when we make the announcement in the City Council Chambers (213 E. Foothill) at 7:30PM.
Please contact Laurie Lund at(626) 334-9321 to let us know of your attendance at both
events by November 17th.
The grant is to be used only for the stated purpose. The grantee will repay the Canyon City
Foundation any portion of the amount granted that is not expended for the purposes identified.
This grant cannot be modified without prior approval of the Canyon City Foundation. Thus, if
there is any change in the nature of the program for which the funds have been granted,the
Foundation requests that you contact us before expending the balance of the grant.
This is a one time grant award. If your organization seeks additional dollars,your organization
may apply the next grant cycle.
Full accounting of the expenditures of these funds and a narrative report on the grant-
supported project(s) are required as a condition of this grant The narrative and financial
reports are to be submitted by June 1,2007. Please note that failure to comply with the
reporting requirements may impact subsequent grant decisions and payments. The
Foundation reserves the right to request additional information and/or interim reports.
The Canyon City Foundation is making this grant with the understanding, based upon the
Grantee's representation, that the Grantee is a tax-exempt organization of the type described in
Section 501(c) (3) of the Internal Revenue Code, and that it is not classified as a"private
foundation" as the term is defined in section 509(a) of the Internal Revenue Code. By executing
this agreement,the Grantee represents that their status has not been revoked or modified. The
Grantee is required to notify the Foundation of any significant organizational changes during the
term of the grant. This would include but not be limited to key personnel or tax status.
Please sign and return this grant agreement in the envelope enclosed as evidence of your
understanding and acceptance of its terms and conditions. A copy of this agreement is enclosed
for your records. Upon receipt of the signed agreement,the grant money will be provided to you
under the terms and conditions set forth above.
Page 3 of 3
Again,thank you for the work that you are doing to make our city a stronger and healthier
community.
Sincerely,
les Rosedale
Albert Tovar, Director of Library Services Date
City of Azusa
�![rrtavS'tiP
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
DATE: APRIL 2, 2007
SUBJECT: PURCHASE OF 2007 CHEVROLET COLORADO PICK-UP TRUCK
RECOMMENDATION
It is recommended that in accordance with Section 2-518(b), under Article VII,
Bidding and Contracting, of the Azusa Municipal Code, Council approve the issuance
of a Purchase Order in an amount not to exceed $17,866 including sales tax and all
other applicable fees, to Wondries Fleet Group of Alhambra, CA for the purchase of
one (1) 2007 Chevrolet Colorado Extra Cab pick-up truck for the Community
Improvement Division.
BACKGROUND
In January 2006, Council approved the Community Development Block Grant 32"'
Year Program. Included in that program was a Housing and Code Enforcement
Project, titled: 'Code Enforcement Program/CDBG'. This project funds the salaries and
benefits of one additional full-time Community Improvement Inspector, and the cost
of the Inspector's vehicle. The new Inspector was hired in February of this year, and
as a result, Purchasing solicited bids from three known local vendors for the purchase
of a new pick-up truck to be used by that Inspector. The results are listed on page 2
of this report, in terms of lowest delivered price to the City of Azusa.
F
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Page 2
Vendor Location Description Total Price
Wondries Fleet Group Alhambra, CA 2007 Chevy Colorado $17, 866
Clippinger Chevrolet West Covina, CA 2007 Chevy Colorado $19,407
Vermont Chevrolet Los Angeles, CA 2007 Chevy Colorado $19,493
FISCAL IMPACT
Funding for this vehicle is to be charged to CDBG Account number
18359100007135/D60862.
Prepared by:T. Garcia, Buyer
MAR.1312007 09:59 6268125155 Azusa k;ry c1rk # 304 F.00i/o01 �p
a : (�VaN31Err s {^c�c/ yvvla.. Cq.AT( tc_
�
cF C-t 1 Y
i J
Fax��z6)4r�~sr SS
CITY OF AZUSA COMMUNITY PgROVEMENT DIVISION
Minimum Specifications f0t Purohase of
One(1)2007 GMC/Cbevrolet Canyon Tod-Size Extended Cab Puck-Up
Description
2006 GMC/Cbevrolet Canyon.Ext. Cab!125.9"WB SL Z85
UgTWOR:Pewter
EXTERIOR. Stttnotit White
GVWR: 5,000 lbs.
EMISSIONS:'California State Requirements
ENGINE: 3.51,DOHC,5 CXL,MFT(220 HP) [164.1 kW] Q 6500 RPM
TRANSMISSION: 4-Speed Automatic,plectronicatly controlled w/overdrive
REAR A.`CLE:3.73 Ratio
SLE Preferred equipment group,includes standard equipment
TIRE,spare, compact located,at rear undeitbody of vehicle(STA)
SEATS: Front,SL Cloth,60/40 split bench,integral outboard head restraints&
dual cup holders(STD)dark pewter
AIR BAGS: Side Impact,Driver,Rigbt Front Fasseoger
COMFORT COMVENNI'ENCE PKG,tilti wheel &cruise control
FLOORMATS: includes front rubberized vinyl floor mats
SOUND SYSTEM: ETR AM/FM Stereo
i
Dealer to supply the following at no additional cost to City of Azusa:
i
3 year 36,000 mile watxanty
Technical(shop manuals): I set consisting,of one each Electrical,Drive Train,
Brakes,Engage,Heating, Air Conditionip&and Engine Diagnosis or Trouble
Shooting Drivability.
COST: 5-�" ., -
SALES TAX&ALL FEE S f S
TOTAL COST: S ^ 3 Y
SIGNED: TITLE:
COMPANY NAME.,
C
03/13/2007 14:52 6269675092 PAGE e2
++l �A � Ax (u 7 $1'2's!
CffY OF AZVSA CQ?eNLTMTY IIvIPROVEME,*IT DIVISION
Minimtun Specifications for Purch4se of
OAo(1)21007(iMGChevrolct Canyon Mid-Size kxtettdod Cab Pick-Up
Dcscriptoo
2006 GMC/Chc«vlei Canvon Ext. Cab 125-9"5VB SL Z&5
IN7TERiOR; pew-tcr
EXTERIOR: Summit White
GVWR: 5,000 lbs.
EMISSIONS: California State Requirements
ENOINEt?.%DONC, S CYL, MFI(220 Hp) (164.1 kW) @.(x500 RPM
TRANSMISSION: 4-Speed Automatic, electronically controlled w(overdrive
REAR AXLE:3.73 Ratio
SLB Preferred equipment group, includes standard equipment
TIRE.spare, compact located et rear twdcrbody o.f ychicle(STD)
SEATS:Front, SL Cloth,60!40 split bench, intea�al boar ,head.restraints&
dual cup holders(STD)dark pewter
AIR BAGS: Side Impact,Driver,Right Front pat;settee:
COMFORT CO.riVILNLiNCE pKG, tilt wheel &cN.ise control
FLOORMATS: includes front rubberized vi tyl floor reale
SOUND SYSTEM:ETR AM/FM Stereo
.Dealer to supply the following at no additional cost to City of Azusa:
3 year'36,000 mile wamwty
Techutical (shop manuals): I set etmsisticg of ono each Eloetricat Dewe Train.
Brakes,Engine,.Heeting,Air Conditionir,`q,and Engine Diagnosis or Trouble
Shooting Dlivability.
COST: $�
SALES TAX &ALL OTHER FEES: $ ,1-411Qq
TOTAL COST:
51G.�1$A: —-f TITLE: -fir—LLT.
COMPANY NAME; WEST COVINA MOTORS, INC. T�
a t---
dba West Covina Dodge
dba Clippinger Ford
1900 E. Garvey Avenue South
West Covina,CA 91791
F �
1
A� Cn-Y OF AZUSA COMM'UNITX IMFRO`JENIENT DNISION ---�
D Minimum Specifications far purchase of Q L�
Q)
One(1)2007 GMC/Chevrolot�C+anyon Mid-Size Extended Cub pick UP 0
2007 GMC/Chevrolet Canyon Ext-Cab 125.9 WB
INFERIOR Pewter.�$bMC",
EXTERIOR: Summit hits ✓ �� L
GVWR: 5,000 lbs.
16% 'EMISSIONS: Califorutt State Requirements / (a 6500 RPM
ENG[l M:3.5L DOHC,5 CYL.MFf(220 J-rP)1164.1 kI )
V TRANSMISSION.4-Speeomatic,olecuonicelly controlled w/overdrivo%
REAR AXLE: 3.73 Rada ^ z
SLE Preferred equipment group,includes standard equipment
TIRE,spore,compact located at rear underbaly of vehicle(S•TD)✓
SEATS:Front,SL Cloth,60/40 split bench.integral outboard head res mints 3r - V
dual cup holders(STD)dark pewter GASHIWMC ✓ of
W AIR BAGS:Side Impact,Driver,Right Front Passenger✓ �
1 COMFORT COMVL'NiENCi PKG,t41¢wheel Sc cruise contrp�
�7 FLOORMATS: includes front rubberized vin floor rants✓
%%a SOUND SYSTEM: ETR ANUFM Stereo -/ e
Dealer to supply the following at no additional cost to City of Azusa: vl
J
ti 3 year 36.000 mile warranty +�...
V Technical (shop manuals):I.sat consisting of one each Electrical,Drive Trvn,
ti Brakes,Engine.Heating,Air Conditioning,and Eng ne Diagnosis or Trouble
Shooting DrivabilRY.
COST:
SALES TAX Sc ALL OTHER FEES: S�_I � .
TOTAL COST.MZ.
SI.GNEDIAId^ 1ZI1�htun TITLE:
COMPANY NAME: 1�ERN1o� T- CIFE`V1��1�1- --
!f yC
_... —.-'
03, 16-07i3) 51op C>G lai 3)
•
T/T'd SST!;2T8929:01 EBITOBV£TZT - :woad t7T:ei L002-9T-Jtjw
0FxgZG
U N
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS/ASSISTANT
CITY MANAGER
VIA: F.M. DELACH, CITY MANAGERhaG'
DATE: APRIL 2, 2007
SUBJECT: CONTRACT FOR CONSULTANT ENGINEERING SERVICES
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into an
agreement with Quantum Consulting, Inc. for contract engineering services.
BACKGROUND
Beginning Monday, April 9, 2007 the City of Azusa will no longer have a registered
engineer on staff.
In November of 2005 the City's associate engineer left employment with the City for
another position. Since that time staff has processed two recruitments to fill the position
and each recruitment has failed to provide a qualified candidate. Recently the city
engineer has announced his desire to resign from City of Azusa to work for another city.
His resignation is effective April 5, 2007.
This vacancy will leave the City of Azusa without a registered civil engineer on staff to
assist in the numerous engineering projects that the City needs to continue processing.
Unfortunately these vacancies will take time to fill, but the work will continue to present
itself to staff.
In the interim staff is suggesting that the City hire a consultant engineer to manage the
workflow until replacements can be found. Staff is recommending Quantum Consulting
due to the fact that they are currently working for the City on the Rosedale Project and
staff is familiar with the employees and is comfortable with their ability and
professionalism.
Staff expects to use the consultant until a new engineer is hired by the City of Azusa. The
contract with Quantum will be on a month-to-month basis. Due to the short notice and
immediacy of needing to get assistance staff was not able to use the normal RFP process
for these professional services. Staff will, however, begin an RFP process for engineering
services that will come back to the City Council for approval.
Staff has discussed the proposal with the president of Quantum Consulting and expects
to use Quantum personnel approximately 20 hours per week. The rates for Quantum
personnel will be $68 to $150 per hour depending upon the level of service that will be
needed.
FISCAL IMPACT
Up to $12,000 per month from account #10-55-651-000-6003
fptrrt�a�`�P
1
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F. M. DELACH, CITY MANAGER "
DATE: APRIL 2,2007
SUBJECT: MEMORIAL PARK AIR CONDITIONING UNIT
RECOMMENDATION
It is recommended that the City Council authorize staff to solicit proposals for a new air
conditioning unit for the Memorial Park Gymnasium Facility.
BACKGROUND
Currently the Memorial Park Gymnasium facility lacks an air conditioning system. In the
City Council approved Capital Improvement Program (CIP) Budget for fiscal year 2006-
2007 and expenditure for a new air conditioning system for the Memorial Park facilities was
approved. The amount approved was $150,000.
Staff is now requesting that the City Council authorize staff to solicit bids from qualified
contractors to install a new system at Memorial Park. With the oncoming summer it will be
beneficial to have the unit installed before the start of the summer programs.
After soliciting bids from qualified contractors staff will then bring back to the City Council
for approval the lowest responsible bid.
FISCAL IMPACT
Project is budgeted for $150,000 from account number 49-80-000-7130, project number
66607F.
i
... ... ..... .... .. .. . .. �'N .k _.
°gciroutor
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: F. M. DELACH, CITY MANAGERAoV
DATE: APRIL 2, 2007
SUBJECT: AUTHORIZATION TO PURCHASE AND INSTALL FOUL BALL NETTING AT
GLADSTONE PARK FROM SPORTS FACILITIES GROUP, INC. IN THE
AMOUNT OF $26,550.00
RECOMMENDATION:
It is recommended that City Council authorize the purchase of foul ball netting and
installation at Gladstone Park from Sports Facilities Group, Inc. in the amount of
$26,550.00
BACKGROUND:
Citizen concern for stray foul balls leaving the.playing field down the right field line at
Gladstone Park began in spring 2006. The item was discussed at a council workshop and
a discussion as to addressing and correcting this issue was deferred until a City Hall in
Motion neighborhood gathering was held on January 29, 2007 at Gladstone Park.
Following a brief discussion with all in attendance, staff was given the direction to pursue
netting and fencing solutions to curb the problem, as well as an estimated $20,000 CIP
appropriation to fund the solution. Two industry experts were called in to assess the
problem and offer their proposed solutions, project bids and references. They are as
follows:
Sports Facilities Group, .Inc. $26,550.00
Judge Netting $35,800.00
FISCAL IMPACT:
The project previously was budgeted at $20,000 utilizing account #10-80-000-410-
7130/41007G-7130. The additional $6,550.00 in the now fully funded project will come
CITY OF AZUSA
RECREATION&FAMILY SERVICES
PURCHASE ORDER REQUEST
Vendor: %AW�C-Aq ,
Address ' .6 f& 961,A City: State: CO,-
Telephone Number: (Ors( )'3ri-.fart 3 Fax Number: MS_f )6; 17 4
P.O. re uested b
Has merchandise been ordered et? NO pC ] YES. [ ] Date ordered:
Date merchandise is required by:
Account number to be charged: to� = to-ht3� �tu��rc--rt1-�O
Item ty. Unit Cost Description Total
1 i Nei J r �sn:a/n $ .Zb,ssc
2 ZZC) i al ' vnc� r'k,-mrol lra> $
3 "f'—. wwr $
4 J6 LP 1 L^�'t/1Q4-- AOW $
5 A T6, PG1�= $
6 $
7 $
8 $
9 $
10 $
11 $
12 $
13 $
14 $
�5 $
SUB-TOTAL $
TAXES $
ADDITIONAL CHARGES (shipping, print set-up, etc.) $
GRAND TOTAL $
Department Head Signature:
QUOTE
PO4 REV-2
` QUOTE# G1996
DATE: 3/25/2007
CONTRACTORS LICENSE#676.578 866-311-7344 (SFGI)
P.O. BOX 7024 PHONE 951-351-113
RIVERSIDE, CA. 92503 FAX: 951-637-8406
BILL TO: CITY OF AZUSA SHIP TO: GLADSTONE PARK
ACCTS PAYABLE
320 N. ORANGE PLACE AZUSA CA. 91702
AZUSA CA. 91702-1395 ATTN: MARC GONZALES
PHONE: 626-812-5201 PHONE: 626-812-5201
FAX: 626-812-0321 FAX: 626-812-0321
TERMS: NET 30
DESCRIPTION OF WORK TO BE PERFORMED:
PROVIDE AND INSTALL NETTING BARRIER ALONG THE FIRST BASE FENCE LINE OF THE BASEBALL
FIELD.
NETTING TO EXTEND TO A HEIGHT OF 50' AND START AT THE EDGE OF THE EXISTING BACKSTOP
AND RUN DOWN THE FIRST BASELINE 1 10'AND TERMINATE 10' BEYOND THE FIELD ACCESS GATE.
NETTING TO BE SUPPORTED BY THREE GALVANIZED STEEL POSTS INSTALLED ON THE OUTSIDE
OF THE FIELD FENCE THROUGH THE CONCRETE SLAB AREA.
1/4" STEEL AIRCRAFT GRADE CABLE TO BE RUN ACROSS THE TOP OF THE POSTS TO ATTACH THE
TOP OF THE NETTING TO. NETTING TO BE ATTACHED TO CABLE AND ALONG THE BOTTOM TO THE
EXISTING CHAINLINK FENCE.
NETTING TO BE#36 TREATED NYLON 1-1/2" SQUARE MESH WITH HEAVY DUTY POLYPROPOLENE
ROPE BORDER REINFORCEMENT ATTACHED TO THE TOP CABLE AND FENCING WITH
HEAVY DUTY HOG RINGS.
STEEL POSTS TO BE INSTALLED IN CONCRETE FOOTINGS AND LOCATED
AT AN APPROXIMATE SPACING OF 55'AND AS CLOSE LABOR: INCL
TO THE FIELD FENCE AS POSSIBLE. PARTS: INCL
TAX: INCL
APPROX SQUARE FOOTAGE OF NETTING REQUIRED FREIGHT: INCL
IS 4220 SQ.FT.
TOTAL: $26,550.00
EXCAVATED SOIL TO BE LEFT AT SITE.
UNDEGROUND UTILITIES ARE THE CITIES RESPONSIBILITY TO IDENTIFY AND-
REPAIR IF ENCOUNTERED.
INCLUDES CITY PERMITS AND ENGINEERED DRAWINGS IF REQUIRED.
INCLUDES PREVAILING WAGE
NETTING LIFE IS APPROX 7 YEARS.
SUMMARY OF QUOTATIONS
iu,-L�_ ;CD
o wv J �q 5zc7lT�C✓:
PROCEDURE: Purchase Requisitions should be written as follows,and should include sales tax in the total M
where applicable: (Sales tax is calculated at the rate of 8.25%) nom,��� �" G` a
1) Up to $1,999.99 - quotations not required -your discretion ��>` 'Cl\
2) $2,000 - $4,999.99 - Three (3)telephone quotes required shown on this form (see
AB @ below)
3) $5,000 - $9,999.99 - Three written quotes required, on vendor letterhead, attached
to requisition- Dept. Head& City Manager approval required (see AC @ below)
4) $10,000 and above - Three written quotes on vendor letterhead, attached to
requisition, with Dept. Head, City Manager and City Council approval required
(see AD@ below)
B) $2,000 - $4,999.99 (three telephone quotes required with Dept. Head approval)
1.Bidder: Net Price: $ Freight: $ Total: $
2.Bidder: Net Price: $ Freight: $ Total: $
3.Bidder: Net Price: $ Freight: $ Total: $
C) $5,000.00- $9,999.99 (three written quotes with Dept. Head & City Mgr. approval)
1. Bidder: Net Price: $ Freight: $ Total: $
2.Bidder: Net Price: $ Freight: $ Total: $
3.Bidder: Net Price: $ Freight: $ Total: $
D) $10,000 and above(three written quotes with Dept. Head and City Manager, & City
Council approval)
e�q,
1. Bidder: �V "` ✓ r� Net Price: $ Freight: $ Total: $
` �-
2. Bidder: V� `t` "1 Net Price: $ Freight: $ Total: $ 3s-1-acb
3.Bidder: Net Price: $ Freight: $ Total: $
Purchase Order awarded to:SP6fF 'li7Rki�,
Justification for other than low bid, or less than three quotations:
Signed: Department Head Approved: City Manager
CITY ORD. #99-014, SEC. 2-524:DEDUCT I% OF TOTAL FOR AZUSA BUSINESSES
t'htrvvG,llsc,
JUDGE NETTING, INC.
427 E. 17`"Street, #468
Costa Mesa, CA 92627
Phone: 800-955-6788
Fax: 951-7694776
PROPOSAL& CONTRACT
February 15, 2007
Mr. Mark Gonzales
Recreation Coordinator
City of Azusa, Parks and Recreation
320 No. Orange Ave.
Azusa, CA 91702
Dear Mark:
Re: Gladstone Park Ballfield
We propose to supply the material, labor, and equipment necessary to install 105 linear feet of netting on the right
field line of the baseball field. The net will taper down and attach to the top of the existing backstop. The barrier
would be constructed with painted steel poles,as well as Redden#36 Dupont Nylon type UV treated netting with
sewn in vertical,horizontal, and perimeter rib lines, extra high strength galvanized cable, 5/8"galvanized bolts,and
heavy duty galvanized attachment hardware. The ends would be supported with an anchor and down guy cable as
needed. The cost would be as follows, including prevailing wages:
1. All at 80'tall: $49,300.00
2. All at 65'tall: $43,900.00
3Y 'All at 50=tall.'$35;800 00
4. One pole at 50',one at 65', one at 80': $42,700.00
Payment Terms: Full amount due upon completion.
Invoices not paid when due are subject to a service charge of 1.1/2% per month. This is an annual
percentage rate of 18%. Should suit be instituted to enforce the provisions of this Proposal and Contract,
the prevailing party shall be entitled to reasonable attorney's fees and court costs as determined by the
court or other tribunal hearing the matter.
Assumptions: Our bid prices are based on the following as applicable:
Our bid prices are valid for 30 days.
Good digging conditions defined as being able to complete the excavation using our auguring equipment.
Should rocky, sandy, or wet conditions be encountered, the additional charge.will be cost plus 10%.
The material that is excavated from the holes will be spread next to the hole.
Good access "to,", "from,"and"at"work site during construction.
Our proposal is based on the design methods of American National Standards Institute (ANSI), "Standard
05.1-1992 for Wood Poles-Specifications and Dimensions or the 1994 UBC and the Ninth Edition AISC
guidelines for steel poles, "that are usual, standard and customary for the installation of structures such
as anticipated by you. The foundation design is based on a 150 pound soil, and a 70 mile per hour wind
load with a exposure "C". If this standard is unacceptable to the governing code authority in your area, .
we will be happy to install the structure to those standards and requirements. Additionally, we will present
you with any cost implications and/or modifications to our proposal.
_ 1 _
s
OF:.,y2G
U _ �
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGERXl1f�-'
DATE: APRIL 2, 2007
SUBJECT: AWARD BID FOR PUBLIC SAFETY CONVERSION OF SIX 2007
FORD INTERCEPTORS TO THE LOWEST RESPONSIBLE BIDDER,
10-8 RETROFIT, IN THE AMOUNT OF $11 ,826.54
RECOMMENDATION
It is recommended that the City Council approve awarding 10-8 Retrofit, the
lowest responsible bidder, the bid to convert six 2007 Ford Interceptors with
the necessary emergency equipment for police use in the amount of
$11 ,826.54.
BACKGROUND
On August 21 , 2006, City Council approved the purchase of six marked black
and white 2007 Ford Interceptors for the Police Department to use as patrol
cars. The Police Department recently received all six cars and needs to have the
necessary emergency equipment removed from the existing cars that they are
replacing and installing the equipment into/onto the new cars (conversion).
The Police Department contacted three reputable companies that "convert"
police cars and received the following written quotes/bids to convert all six
cars:
1 . 10-8 Retrofit (City of La Verne) $11 ,826.54
2. Espino's Cop Shop (City of Rancho Cucamonga) $13,247.64
3. Communications Center (City of Glendora) Declined
Communications Center has completed multiple projects for the Police
Department in the past, but declined to bid on this project due to their current
high volume of work and lack of space to accommodate the conversion.
FISCAL IMPACT
The conversion of these six patrol cars will be funded from the Police
Department's Capital Outlay — Equipment Replacement Account, No. 46-20-
310-000-7135. There are adequate funds in this account for the completion of
this project.
Prepared by:
Sam Gonzalez, Captain
Rick Sanchez, Corporal
S�
f"�tfoRs'`�a
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: FRANCIS M. DELACH, CITY MANAGER/ftL -D
DATE: APRIL 2, 2007
SUBJECT: APPROVAL OF SITE LICENSE AGREEMENT BETWEEN THE CITY OF AZUSA
AND SPRINT PCS ASSETTS, LLC
RECOMMENDATION
It is recommended that City Council authorize the City Manager to enter into a site
license agreement with Spring PCS Assetts, LLC for.the construction and operation of
a cellular communications tower adjacent to the West Wing of City Hall.
BACKGROUND
On February 6, 2006 City Council approved a site license agreement and a consent
subordination, non-disturbance and attornment agreement between the City of Azusa
and Sprint PCS Assetts, LLC (see attached report). Since that time, PCS has
requested some minor technical modifications to the lease document in order to
conform with their standard agreements with other cities. These changes have been
reviewed/amended and approved by the City Attorney. Staff has attached a red-lined
Version of the proposed lease for City Council's ease of identifying the changes being
made. It is not necessary for the City CounciVAzusa Public Financing Authority to
execute a new consent subordination, non-disturbance and attornment agreement as
no changes to that document are being proposed.
As presented in February, 2006 approval of the proposed lease will not become
effective unless the following conditions are met: 1) the agreement has been
approved and executed by the City Manager, 2) the agreement has been reviewed
and consented to by the Azusa Public Financing Authority (action already completed),
3) a written opinion of a nationally-recognized bond counsel stating that this
Agreement shall not cause the interest component of the lease payments described in
the 2003 COP Agreement to become subject to federal and State of California
personal income taxes is obtained, and 4) the City receives written authorization for
the execution of this agreement from the bond insurer, as that term is defined in the
2003 COP Agreement.
FISCAL IMPACT
In addition to the revenues described in the attached February 2006 agenda report,
Spring PCS Assetts, LLC has agreed to pay the City $5,000 for the the staff costs
incurred in the processing of this revised lease agreement. The total net revenue over
the entire term of the lease is $536,005 in addition to the $5,000 one time
processing fee.
Prepared by:T.Garcia, Buyer
CITY OF AZUSA
COMMUNICATIONS SITE LICENSE AGREEMENT
WITH SPRINT PCS ASSETS L.L.C.
1. Parties and Date.
This Communications Site License Agreement ("License" or "Agreement") is made and
entered into this — day of , 20=07 by and between the City of Azusa
(hereinafter referred to as "City"), a California municipal corporation and general law
city with its principal place of business at 213 E. Foothill Boulevard, Azusa, CA 91702
and Sprint PCS Assets, L.L.C, a Delaware limited liabili , company (hereinafter referred
to as "Licensee_), with its principal place of business at, Mailstop KSOPHT0101-22020
6391 Sprint Parkway, Overland Park, Kansas-66251-2020. The City and Licensee are
sometimes collectively referred to herein as the "Parties."
2. Recitals.
2.1 Description of Licensed Land. The City is the owner of a piece of land generally
located at 213 E. Foothill Blvd., City of Azusa, County of Los Angeles ("City
Property"). City would like to allow the Licensee to use and the Licensee would like to
use approximately one hundred and fifty (150) square feet of the City Property and
such other property as is necessary for access and utility easements, if any, all of which
are more particularly described on Exhibit "A" attached hereto and incorporated herein
by reference ("Licensed Land").
2.2 Purpose of License. City desires to allow the Licensee to use the Licensed Land
and Licensee desires to use the Licensed Land in exchange for due and adequate
consideration, the receipt and sufficiency of which are acknowledged by the Parties and
further described and set forth in this License. The purpose of the License is to allow
Licensee to construct and operate a wireless telecommunications facility on the
Licensed Land to provide better communication services to its customers.
3. Terms.
3.1 Licensed Land. City hereby grants Licensee a license in, on, across and over the
Licensed Land, on the terms hereinafter set forth, for the purpose of constructing and
operating the Licensee Facilities, as defined below, to provide better communication
services to its customers.
ORANGE\MXM\22693.1
C
3.2 Effective Date and Term.
3.2.1 Effective Date. This Agreement is dated 200_for reference
purposes only. This Agreement will not become effective until the date ("Effective
Date") on which all of the following are true:
(i) This Agreement has been approved and executed by both Licensee
and the City Council of the City of Azusa;
(ii) This Agreement has been reviewed and consented to by the Azusa
Public Finance Authority; and
(iii) In accordance with that certain Lease Agreement Relating to the
City of Azusa 2003 Lease Revenue Refunding Certificates of Participation ("2003 COP
Agreement") dated as of December 1, 2003 by and between the City and the Azusa
Public Financing Authority and the City of Azusa, the City furnishes the Azusa Public
Finance Authority, the Trustee and Insurer, as those terms are defined in the 2003 COP
Agreement, a written opinion of a nationally-recognized bond counsel stating that this
Agreement shall not cause the interest component of the lease payments described in
the 2003 COP Agreement to become subject to federal or State of California personal
income taxes; and
(iv) The City receives written authorization for the execution of this
Agreement from the bond insurer, as that term is defined in the 2003 COP Agreement.
City shall use its reasonable and best efforts to secure each of the conditions
precedent listed in this subsection.
3.2.1 Term. The term of this License shall be for five (5) years, commencing on the
effective date of this Agreement. This License may be terminated in accordance with
the provisions of Section 3.10 herein.
3.3. Option to Renew. Licensee shall have the option to renew this License on the
terms and conditions herein contained for three (3) additional five (5) year periods upon
written notice to City of Licensee's intent to do so at least ninety (90) days prior to the
expiration of the preceding term. Such notice shall be deemed given upon the mailing
of such notice to City. If Licensee exercises the option to renew the License, City and
Licensee shall execute an amendment to this License at least thirty (30) days prior to its
expiration.
3.4 Facilities; Utilities; Access.
ORANGFWXM\22693. 12
3.4.1 Subject to the provisions of this License, Licensee has the right to erect, maintain
and operate on the Licensed Land those radio communications facilities, utility lines,
transmission lines, electronic equipment, radio transmitting and receiving antennas,
supporting equipment and structures thereto ("Licensee Facilities') depicted or listed in
Exhibit "A". In connection therewith, Licensee has the right to do all work necessary to
prepare, maintain and alter the Licensed Land for Licensee's business operations and to
install transmission lines connecting the antennas to the transmitters and receivers. All
of Licensee's construction and installation work shall be performed at Licensee's sole
cost and expense, and in a good and workmanlike manner. Title to the Licensee
Facilities shall be held by Licensee. All Licensee Facilities shall remain Licensee's
personal property and are not fixtures. Licensee shall remove all Licensee Facilities, at
its sole expense, and shall repair any damage to the City Property or Licensed Land
caused by such removal in accordance with Sections 3.11 and 3.12 below.
3.4.2 Licensee shall pay for the electricity it consumes in its operations at the rate
charged by the servicing utility company. Licensee shall draw electricity and other
utilities from separate utility service than City's from any utility company that will
provide service to the Licensed Land. City agrees to sign such documents or easements
as may be required by said utility companies to provide such service to the Licensed
Land, including the grant to Licensee or to the servicing utility company at no cost to
the Licensee of an easement in, over across or through the Licensed Land as required by
such location acceptable to City and the servicing utility company.
3.4.3 Licensee, Licensee's employees, agents, subcontractors, lenders and invitees shall
have access to the Licensed Land without notice to City twenty-four (24) hours a day,
seven (7) days a week, at no charge. Notwithstanding such access to the Licensed Land
and except for access needed for emergency repairs to the Licensee Facilities, Licensee
shall provide City with a minimum of 24 hour notice by telephone, fax or writing
informing City of the need to access the access easement area shown on Exhibit "B." For
emergency access to the access easement area shown on Exhibit "B" Licensee shall
provide City with reasonable notice. City also grants to Licensee, and its agents,
employees, contractors, guests and invitees, a non-exclusive right and easement for
pedestrian and vehicular ingress and egress across the City Property.
3.4.4 City shall maintain all existing access roadways from the nearest public roadway
to the Licensed Land in a manner sufficient to allow pedestrian and vehicular access at
all times under normal weather conditions. City shall be responsible for maintaining
and repairing such roadway, at its sole expense, except for any damage caused by
Licensee's use of such roadways. Notwithstanding the maintenance of existing
roadways, and as discussed in Section 3.9 below, Licensee shall be responsible for
ORANGEVNXM\22693. l3
acquiring, constructing and maintaining, at is sole expense, any additional access
roadways or other means of ingress and egress necessary for the Licensed Land, as
specified by City in Exhibit "B" attached hereto and incorporated herein by reference. If
the City should determine, in its reasonable discretion, that any roadways or other
means of ingress and egress are needed and should be constructed by Licensee, it shall
notify Licensee in writing at least one hundred and eighty (180) calendar days prior to
their required installation. Licensee shall have the opportunity to terminate the License,
pursuant to the terms of Section 3.8.1 below, rather than acquire and construct the
roadways or other means of ingress and egress.
3.5 Use. Subject to the provisions of Section 3.21, the Licensed Land may be used for
any activity directly connected with the provision of communication services and the
operation of the Licensee Facilities, provided that Licensee shall not construct or operate
any Licensee Facilities in addition to those depicted or listed in Exhibit "A" without
City's consent. Licensee's use of the Licensed Land shall comply with all applicable
laws, ordinances and regulations. Without limiting the nature of the foregoing,
Licensee shall obtain and maintain for the duration of the term and any renewal term a
business license as required by the Azusa Municipal Code and Licensee shall pay any
and all tax(es) required by the Azusa Municipal Code for such business license. If
technically feasible, City may license other communication users on its Licensed Land
or the City Property, provided that such users do not interfere with Licensee's
communications operations. Similarly, Licensee shall not interfere with the
communications operations of any other persons or entities that may have a lease or
other entitlement with City for the Licensed Land or City Property which pre-dates this
License, as discussed in more detail in Section 3.10.
3.6.1 Consideration. As consideration for the issuance of this License, Licensee shall
pay to the City the annual amount of Eighteen Thousand Dollars ($18,000.00), payable
in monthly installments of Fifteen Hundred Dollars ($1,500.00) on the Ist day of each
month (License Payments). The License Payments shall increase by four percent (4%)
each year, effective on the anniversary date of this License. All payments shall be made
payable to: 213 E. Foothill Boulevard, Azusa, CA 91702.
3.6.2 Lease Processing Fee. Licensee agrees to reimburse City for the actual costs
incurred by City to have the City Attorney. the City Council and other City
Departments review this Agreement up to a maximum of$ ------------ Payment will
be made to City within 30 days following full execution of Agreement
3.7 Late Payment Charges. Licensee hereby acknowledges that late payment by
Licensee to City of License Payments and other sums due hereunder will cause City to
ORANGE\MXM122693. A
incur costs not contemplated by this License, the exact amount of which will be
extremely difficult to ascertain. Such costs include, but are not limited to, processing
and accounting charges. Accordingly, if any installment of consideration or any other
sum due from Licensee shall not be received by City within twenty (20) days after such
amount shall be due, Licensee shall pay to City a late charge equal to ten percent (10%)
of such overdue amount, as well as interest on the outstanding amount which shall
accrue at the rate of ten percent (10%) per annum. In no event shall the late charge or
interest exceed the maximum allowable by law. The parties hereby agree that such late
charge will automatically accrue by reason of any late payment by Licensee.
Acceptance of such late charge by City shall in no event constitute a waiver of
Licensee's default with respect to such overdue amount, nor shall it prevent City from
exercising any of the other rights and remedies granted hereunder.
3.8 Termination. In the event the License is terminated by either Party between the
anniversary dates, there shall be a pro rata refund of any consideration paid in advance
for the remaining term.
3.8.1 Termination by City or Licensee. This Excelt in the case of a Default by
Licensee, this License may not be terminated , by City.
at any time or by-Licensee at any time following the first year upon ene hundred
eig�si Ttv days+9060) days prior written notice and payment to City an additional
sum of money equal to eighteen 18 months of current rent as consideration
Notwithstanding the foregoing no termination fee shall be due if Licensee terminates
this License at any time due to: (i) a default of this License on the part of City or (ii) if
Hazardous Substances are discovered on the Licensed Land which Hazardous
Substances were not 11aced on the Licensed Land by Licensee. Notice is to be deemed
given upon the mailing thereof, postage prepaid, to the recipient at is address set forth
below.
3.8.2 Termination by Licensee. This License may also be terminated upon sixty (60)
days prior written notice during the first year of this License if Licensee is unable to
occupy or utilize the Licensed Land due to ruling or directive of the FCC or other
governmental agency, which cannot be reasonably corrected by Licensee, including but
not limited to, a take back of channels or roadways or change in frequencies, or if
Licensee determines that the Licensed Land is not appropriate for its operations for
economic. e nental or technological reasons, including signal strength or
interference. In the event of a termination pursuant to this provision, Licensee shall pay
to City an additional sum of money equal to one (1) year of consideration.
6RANGE\MXW22693. 15
3.8.3 Termination by City. Violation of any term, covenant, condition or provision
contained herein shall be cause for immediate termination of the License by City, unless
corrected within thirty (30) days after City's written request to do so. If such violation
cannot reasonably be corrected within such thirty (30) day period, the City shall not
have the right to terminate the License if the Licensee commences correction of the
violation within such thirty (30) day period and thereafter diligently pursues such
correction to completion. Notwithstanding the foregoing, any instance of late payment
is cause for immediate termination, as described in Section 3.8, at the sole discretion of
City, unless payment is made along with all applicable penalties and interest within ten
(10) days after the City nedfies provides written notice to Licensee of the late payment.
Upon the third instance of late payment a...:..0 1— T �within any twenty four
(24) month period (including any extension or renewal terms), Licensee shall not be
entitled to the 10-day cure period, ar..d the City may immediately terminate this License
by providing written notice of termination to Licensee.
3.9 Improvements. No improvements, including the Licensee Facilities, shall be
constructed and/or maintained on the Licensed Land without City's prior written
approval of plans and specifications, including the aesthetic and visual nature of the
Licensee Facilities, which approval shall not be unreasonably withheld or delayed. The
aesthetic and visual nature of the Licensee Facilities, including color and composition,
shall compliment and blend into the City Property and surrounding community to the
extent reasonably feasible. Licensee shall not change the existing grade or otherwise
modify the topography of the Licensed Land or City Property affected by this License
without prior written consent of City. Subject to approval by City, Licensee may
traverse City's Property outside the Licensed Land in order to connect to public utilities.
To serve City's Facilities and to remedy obstructions to access created by this License,
Licensee may be required to construct a new driveway apron, paved driveway or other
means of ingress or egress outside of the Licensed Land, and to perform all other work
in connection therewith solely at Licensee's expense, which work the City shall specify
in Exhibit 'B" attached hereto. Such means of ingress or egress may or may not be on
the Licensed Land owned by City. In the event they are not on City's Licensed Land,
Licensee must obtain its own right-of-way. Licensee must comply with City's
guidelines as to construct in the vicinity of City's facilities.
3.10 Interference.
3.10.1 The Licensed Facilities shall not cause measurable interference to the
communications configurations, equipment and frequencies which exist on the City
Property or Licensed Land as of the Commencement Date (the "Pre-existing,
Equipment"), and the Licensee Facilities shall comply with all non-interference rules of
ORANGE\MXM\22693. 16
the Federal Communications Commission. Licensee's use of the Licensed Land shall
also not unreasonably interfere with City's primary use of the City Property and
Licensed Land for use as a municipal civic center, city hall and police station and any
communications systems as may be installed by City at the City Property or Licensed
Land in connection therewith. City shall not permit any other tenant or occupant of the
City Property, to engage in any activities or operations which cause measurable
interference with Licensee's equipment. Any such interference with Licensee's
equipment shall be deemed a material breach by City, and the Parties shall use
commercially reasonable efforts, consistent with public safety and the requirements of
the City, to attempt to resolve such interference. In the event any such interference does
not cease promptly, the Parties acknowledge that continuing interference will cause
irreparable injury to Licensee, and therefore, Licensee shall have the right to (i) bring
action against City or such third party to enjoin such interference, or (ii) terminate this
Agreement immediately upon notice to City, in addition to any other rights or remedies
at law or in equity. Notwithstanding the foregoing, Pre-existing Equipment operating
in the same manner as on the Commencement Date shall not be deemed interference.
3.10.2 This License is subject and subordinate to the prior and future rights of City to
use its Licensed Land in the exercise of its powers and in the performance of its duties.
There is reserved to City the right to construct or reconstruct facilities and
appurtenances in, upon, over, under, across and along the Licensed Land and City
Property, and in connection therewith, the right to grant or convey to others rights and
interest to the Licensed Land and City Property; provided such rights and interests do
not cause interference with Licensee's operations.
3.11 Vacating the Property. At the expiration of the term or at any sooner
termination of this License, Licensee shall quit and surrender possession of the Licensed
Land and City property, and their appurtenances, to City in as good order and
condition as they were delivered to Licensee, reasonable wear and tear and damage by
the elements excepted. Within thirty (30) days of the expiration or termination of this
License, Licensee shall remove all Licensee Facilities from the Licensed Land and City
Property. Licensee agrees to pay any costs incurred by City if Licensee fails to comply
with this provision, including attorneys' fees and costs expended on any action by City
to compel removal by Licensee or collect the liquidated damages described in this
section. Licensee agrees that the inconvenience and other damage to City in the event
of Licensee's failure to timely remove Licensee Facilities is impossible to measure
precisely, but agrees that five hundred dellafs ($500` per da 200% of the most currently
paid rent is a reasonable estimate of City's damages. To this end, if Licensee shall not
restore the City Property and Licensed Land as required, Licensee shall pay to 200% of
the most currently paid ren as liquidated
ORANGE\MXM\22693. l7
3
damages for each day following expiration or termination of this License on which
Licensee Facilities are present on City Property.
3.12 Maintenance. Licensee shall, at its sole cost and expense, keep the Licensed
Land free of noxious weeds and trash, and in good and proper condition in compliance
with all applicable laws and regulations concerning the use of the Licensed Land.
Licensee shall also not cause trash or other debris to be placed on the City Property. ,All
improvements shall be maintained in good and workable order and good appearance,
in accordance with City's written direction which may be provided from time to time,
including but not limited to, painting and screening. In addition, Licensee shall make
any repairs to the Licensed Land or City Property caused by or incident to Licensee's
use of the Licensed Land or implementation of this License.
3.13 Hazardous Substances.
3.13.1 For purposes of this License, the term "Hazardous Substances' means: (a) any
substance, products, waste, or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section
9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code
Section 6901 et seq.; the Hazardous Materials Transportation Conservation and
Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33
United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United
States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health
and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health
and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and
Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the
California Hazardous Waste Management Act, Health and Safety Code Section 25170.1
et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials
Release Response Plans and Inventory); or.the California Porter-Cologne Water Quality
Control Act, Water Code Section 13000 et seq., all as amended (the above cited
California state statutes are hereinafter collectively referred to as "the State Toxic
Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution,
code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning any Hazardous Substance, now or at any time
hereinafter in effect; (b) any substance, product, waste or other material of any nature
whatsoever which may give rise to liability under any of the above statutes or under
any statutory or common law theory based on negligence, trespass, intentional tort,
nuisance or strict liability or under any reported decisions of a state or federal court; (c)
ORANGE\MXMQ2693. 18
petroleum or crude oil, other than petroleum and petroleum products which are
contained within regularly operated motor vehicles; and (d) asbestos.
3.13.2 City warrants and represents that, to its knowledge as of the date hereof, there
are no Hazardous Substances in or about the Licensed Land and the City Property, the
improvements thereon do not violate any applicable Federal, State, or local statutes,
ordinances, regulations, rules or other requirements, and there is not presently pending
any proceeding before any Federal, State or local tribunal or agency, the outcome of
which would diminish or preclude Licensee's use of the Licensed Land as permitted
under the terms of this License. Except as so provided, City makes no warranty or
representation whatsoever concerning the Licensed Land or City Property, including
without limitation, the condition, fitness or utility for any purpose thereof, of any
improvements thereto with applicable laws, ordinances or governmental regulations.
Licensee's right to use the Licensed Land and City Property is strictly on an "as is' basis
with all faults. City hereby disclaims all other warranties whatsoever, express or
implied, the condition of the soil (or water), -geology, and any warranty of
merchantability or habitability or fitness for a particular purpose.
3.13.3 Except as otherwise specifically permitted under the terms of this License,
Licensee shall not use, create, generate, store, deposit, dispose of or allow any
Hazardous Substances on, under, about or within the City Property or Licensed Land in
violation of any federal, state, or local law, rule, regulation, order, decree or other
requirement listed in sub-section 3.13.1. Storage batteries for emergency power, fuel for
temporary generators during power outages, and ordinary paints, solvents and similar
substances commonly used in small quantities and necessary for maintenance of the
Licensee's Facilities are excepted from the preceding prohibition of use by Licensee of
Hazardous Substances on the Licensed Land, so long as Licensee complies with all
applicable federal, state and local laws rules and regulations governing the use of such
items.
3.13.4 No permanent underground or above ground storage tanks shall be installed on
the Licensed Land or City Property.
3.13.5 City or its officers, employees, contractors, or agents shall at all reasonable times
have the right to go upon and inspect the Licensed Land and the Operations conducted
thereon to assure compliance with the requirements herein stated. Licensee may have a
representative present during any such inspection. This inspection may include taking
samples for chemical analysis of substances and materials present and/or testing soils
on the Licensed Land and taking photographs. During the course of any inspections,
City or its officers employees contractors or agents shall use their best efforts not to
disturb the Operations or damage the Licensed Facilities.
0RANGF\MXW22693. 19
3.13.6 Licensee shall, within a reasonable time, either prior to the release by Licensee, or
following the discovery by Licensee, of the presence of, or believed presence of, a
Hazardous Substance as defined herein, give written notice to City in the event that
Licensee knows or has reasonable cause to believe that any release of Hazardous
Substance has come or will come to be located on, under, about or within the Licensed
Land or City Property. The failure to disclose in a timely manner the release of a
Hazardous Substance, including but not limited to, an amount which is required to be
reported to a state or local agency pursuant to law (e.g., California's Hazardous
Materials Storage and Emergency Response Act, Health and Safety Code Section 25550
et seq.) shall be grounds for termination of this License by City in addition to actual
damages and other remedies provided by law. Licensee shall immediately clean up
and completely remove all Hazardous Substances placed by Licensee on, under, about
or within the Licensed Land or City Property, in a manner that is in all respects safe and
in accordance with all applicable laws, rules, and regulations.
3.13.7 In the event Hazardous Substances are discovered, Licensee shall disclose to City
the specific information regarding Licensee's discovery of any Hazardous Substances
placed on, under, about or within the Licensed Land or City Property by Licensee, and
provide written documentation of its safe and legal disposal.
3.13.8 Breach of any of these covenants, terms, and conditions shall give City the
authority to either immediately terminate this License or to shut down Licensee's
operations thereon, at the sole discretion of City. In either case, Licensee will continue
to be liable under this License to remove and mitigate all Hazardous Substances placed
by Licensee on, under, about or within the Licensed Land or City Property. Licensee
shall be responsible for, and bear the entire cost of removal and disposal of, all
Hazardous Substances introduced to the Licensed Land and City Property by Licensee
during Licensee's period of use and possession of the Licensed Land or City Property.
Upon termination of this License, Licensee shall, in accordance with all laws, remove
from the Licensed Land or City Property any equipment or improvements placed on
the Licensed Land or City Property by Licensee that may be contaminated by
Hazardous Substances.
3.13.9 Licensee shall defend, indemnify and hold City and its officials, officers,
employees, contractors and agents free and harmless from any and all claims, liability,
injury, damage, costs, or expenses (including, without limitation, the cost of attorney's
fees) arising as a result of the presence of use of any Hazardous Substances placed or
caused to be placed by the Licensee or its partners, affiliates, agents, officials, officers,
contractors or employees on the City Property or Licensed Land. The foregoing
ORANGEUMXM\22693. 1 10
indemnity is intended to operate as an agreement pursuant to, among other
requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section
9607, subdivision (e), and California Health and Safety Code Section 25364, to insure,
protect, hold harmless and indemnify City from any liability created by the Licensee
pursuant to such sections.
3.14 Access. If required by City in Exhibit "B" attached hereto, Licensee shall provide
and maintain uninterrupted vehicular access in and across the Licensed Land for City
and its employees, agents and contractors. If requested by City, Licensee shall provide
a means for City to place its locks on gates.
3.15 Entry by Owner. Licensee shall permit City to enter upon the Licensed Land at
any reasonable time for the inspection thereof, or at any time in connection with any
work which may be required thereon, and City shat net be liable co°- afey danage to
. Licensee may have a representative
present during any such inspection During the course of anLpections, City or its
officers employees contractors or agents shall use their best efforts not to disturb the
Operations or damage the Licensed Facilities.
3.16 Previous Licenses. In the event there is an existing license between Licensee and
City (or its predecessor-in-interest) covering the Licensed Land, it is agreed and
understood that this License shall cancel, supersede and terminate said prior license as
of the effective date of this License.
3.17 Subordinate Rights. This License is subject and subordinate to the prior and
future rights and obligations of City, its successors and assigns, to use the City Property
in the exercise of its powers and in the performance of its duties, provided that the
foregoing not unreasonably interferes with Licensee's use of the Licensed Land
provided in this License. Accordingly, there is reserved and retained unto City, its
successors, assigns, grantees, and permittees, the right to construct and reconstruct
facilities and appurtenances in, upon, over, under, across, and along City Property, and
in connection therewith, the right to grant and convey to others, rights and interests to
City Property, provided that the foregoing not unreasonably interfere with Licensee's
use of Licensed Land as provided in this License. This License is subject to all licenses,
leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims, and
other matters of title ("Title Exceptions') which may affect the Licensed Land now or
hereafter.
ORANGE\MXM\22693. 111
3.18 Assignment or Subletting. Licensee shall not assign this License without the
prior express written consent of the City; provided, however, Licensee may assign this
License, without increasing the number or substantially changing the type of facilities
on the Licensed Land, to any of its subsidiaries, affiliates or successor legal entities, or to
any entity acquiring substantially all of the assets of Licensee. Licensee shall not
sublicense all or any portion of the City Property or Licensed Land without the express
written consent of the City, which consent shall not be unreasonably withheld. Any
unauthorized assignment or sublicense shall be void and shall immediately terminate
this License.
3.19 Taxes. The possessory property interest created by this License may be subject to
property taxation, and Licensee may be subject to the payment of property taxes levied
on such interest by the appropriate taxing authority. Licensee is required to pay any
such tax directly to the appropriate taxing authority. In addition, if personal property
taxes are assessed, Licensee shall pay any portion of such taxes directly attributable to
the Licensee Facilities. City shall pay all real property taxes, assessments and deferred
taxes on the Licensed Land.
3.20 Mechanic's Liens. Licensee shall keep the Licensed Land and City Property free
from any liens arising out of any work performed, material furnished, or obligations
incurred by Licensee, or any tenant or subtenant thereof. Licensee shall not be
considered in violation of this provision if it provides a bond in lieu of the lien which is
in conformance with applicable law and which is in an amount and form acceptable to
the City.
3.21 Waiver. The waiver by City or Licensee of any breach of any term, covenant,
condition or provision contained herein ("Terms'), shall not be deemed to be a waiver
of such Terms for any subsequent breach of the same or any other Terms contained
herein. The subsequent acceptance of consideration by City shall not be deemed to be a
waiver'of any preceding breach by Licensee of any Terms of this License, other than the
failure of Licensee to pay the particular consideration so accepted, regardless of City's
knowledge of such preceding breach at the time of acceptance of such consideration.
3.22 Attorneys' Fees. The prevailing party in any action brought by either party
hereto, based on any claim arising under this License, shall be entitled to reasonable
attorneys' and/or consultants' fees.
3.23 Insurance.
ORANGF\MXM\22693. 112
3.23.1Tvves; Amount License shall obtain, and shall require any subcontractor
to obtain, insurance in the amounts described below unless specifically altered or
waived by City ("Required Insurance"). If any of the Required Insurance contains a
general aggregate limit, such insurance shall apply separately to this License or be no
less than two times the specified occurrence limit.
(i) General Liability Insurance. Licensee shall maintain occurrence
version general liability insurance, or equivalent form, with a combined single
limit of not less than Two Million Dollars ($2,000,000) per occurrence.
(ii) "Ail Risk" Property Insurance. Licensee shall maintain a policy of
property insurance for perils usual to a standard "all risk" insurance policy on all
its improvements or alterations in, on, or about the Licensed Land, w4.th limits
equal to the value of all such improvements or alterations.
3.23.2 General Provisions. The general liability insurance policy shall name City,
its elected officials, officers, employees, agents, and volunteers as additional insureds.
The Required Insurance shall be primary with respect to any insurance or self-insurance
programs covering City, its elected officials, officers, employees, agents, and volunteers,
or if in excess stand in an unbroken chain of coverage in excess of Licensee's scheduled
underlying coverage. The Required Insurance shall contain standard separation of
insureds provisions, and shall contain no special limitations on the scope of its
protection to City, its elected officials, officers, employees, agents, and volunteers.
3.23.3 Certificates; Insurer Rating; Cancellation Notice. Prior to the
Commencement Date, Licensee shall furnish to City properly executed certificates of
insurance which evidence all Required Insurance. Licensee shall maintain the Required
Insurance at all times while this License is in effect, and shall replace any certificate,
policy, or endorsement which will expire prior to that date.
epderseRLicensee shal rovide thirt 30) day written notice to City in the event 4e
pR+ide-4the Required Insurance carrier s ' osis suspendsed, voidsed, reducesd,
cancelsed, or allowsed Required Insurance coverage to expire. e)EEept en thdrt , rantdays
Unless approved in writing by City, Licensee shall place the
Required Insurance with insurers licensed to do business in the State of California and
with a current A.M. Best rating of at least A-:VIII.
3.23.4 Waiver of Subrogation. City and Licensee release each other and their
respective officials, directors, employees, representatives, and agents from any claims
for damage or harm to any person, the Licensed Land, or Licensee's Facilities caused by,
or which result from, risks insured under any insurance policy carried by the Parties at
ORANGEVNXM\22693. 113
the time of such damage or harm. City and Licensee shall cause each insurance policy
obtained by them to provide the insurance company waives all right of recovery by way
of subrogation against the other in connection with any damage or harm covered by
such policy.
3.24. Indemnity. Subject to Section 3.23.4 of this License, Licensee agrees to
indemnify, defend and hold City harmless from and against all damages, claims of
liabilities and expenses including reasonable attorneys' fees, arising out of Licensee's
use and occupancy of the Licensed Land. Licensee's indemnity obligation does not
apply to any claims or damages arising out of or in connection with the acts or
omissions of City, its employees, agents, consultants, representatives or contractors.
3.25 Title and Quiet Possession. City represents and warrants to Licensee (a) that it
is the owner of the City Property and Licensed Land and is the lessor of the City
Property and Licensed Land pursuant to a Site and Facilities Lease Agreement
("SFLA") dated as of December 1, 2003 by and between the City and the Azusa Public
Financing Authority and is the lessee of the City Property and Licensed Land pursuant
to the 2003 COP Agreement ("Sublease") dated as of December 1, 2003 by and between
the City and the Azusa Public Financing Authority and that the SFLA and Sublease are
in full force and effect and City is lawfully in possession of the City Property and
Licensed Land thereunder, (b) that City has the right and authority to enter into this
License and to grant Licensee the right to use the City Property and Licensed Land as
contemplated by this License and that City has obtained and will maintain all approvals
and consents that may be required under the SFLA or Sublease in order for City to
grant Licensee the rights.under the License and (c) that, subject to the terms and
conditions of this License, Licensee shall be entitled to access, use and the quite
possession of the City Property and Licensed Land pursuant to the terms and
conditions of this Licensee free from interference, obstruction or hindrance by the
Authority or any party gaining rights by, through or under the SFLA or Sublease and
(d) City will enter into a consent and non-disturbance agreement with Licensee and
Authority and will use its best efforts to obtain a consent non-disturbance agreement
with the Authority on terms and conditions acceptable to Licensee.
3.26 Amendments. The provisions of this License may be amended by mutual
written consent of the Parties.
3.27 No Relocation Assistance. Licensee acknowledges that Licensee is not entitled
to relocation assistance or any other benefits under the Uniform Relocation Assistance
Act or any other applicable provision of law upon termination to this License.
ORANGF\MXM\22693. 114 .
3.28 Time. Time is of the essence of this License.
3.29 Notices. All notices permitted or required under this License shall be given to
the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Licensee:
Sprint PCS Assets, L.L.C.
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park Kansas 66251-2650
With a copy to:
Sprint Law Department
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park Kansas 66251-2650
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: City Manager
Such notice shall be deemed made when personally delivered or forty-eight (48) hours
after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.29 Entire Agreement. This License constitutes the entire agreement and
understanding between the parties, and supersedes all offers, negotiations and other
agreements concerning the subject matter contained herein. Any amendments to this
License must be in writing and executed by both parties.
3.30 Invalidity. If any provision of this License is invalid or unenforceable with
respect to any party, the remainder of this License or the application of such provision
to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this License shall be valid and enforceable to the fullest
extent permitted by law.
ORANG EUA XM\22693. 115
f
3.31 Successors and Assigns. This License shall be binding on and inure to the
benefit of the successors and permitted assignees of the respective parties.
3.32 Governing Law. This License shall be governed by the laws of the State of
California.
3.33 Execution of License. This License may be executed in duplicate counterparts,
each of which shall be deemed an original.
3.34 Survival. All obligations of Licensee hereunder not fully performed as of the
completion or termination of this License shall survive such completion or termination,
including without ILmitation all payment obligations and all obligations concerning the
condition of the Licensed Land and City Property.
3.35 Nondiscrimination. Licensee certifies and agrees that all persons employed by
it, its affiliates, subsidiaries, or holding companies and any of its contractors retained
with respect to this License are and shall be treated equally without regard to or
because of race, religion, ancestry, national original or sex, and in compliance with all
federal and state laws prohibiting discrimination in employment.
CITY OF AZUSA,
a California municipal corporation
By:
Fran Delach
City Manager
Attest:
ORANGF\M XM\22693. 116
Vera Mendoza, City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
LICENSEE
Sprint PCS Assets, L.L.C.
A Delaware limited liability company
By:
Name:
Title:
Date:
Sprint Contracts & Performance Hotline: 800-357-7641
ORANGE\M XM\22693. 117
Exhibit "A"
General Description of Licensed Land
and Site Plan of Licensee Facilities
[SEE PAGES A-2 AND A-3 ATTACHED]
A-1
ARANGE\MXM\22693.1
Exhibit 'B"
Special Conditions or Requirements Regarding Access
City has not requirements for Licensee that pertain to this Exhibit B as
referenced in Sections 3.3.3, 3.9, and 3.14.
ORANGE\MXM\22693.1
Y
4yu�Rmr
IOINT CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
HONORABLE CHAIRPERSON AND BOARD OF THE AZUSA PUBLIC FINANCING
AUTHORITY
FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER/EXECUTIVE DIRECTOR
DATE: FEBRUARY 6, 2006
SUBJECT: APPROVAL OF SITE LICENSE AGREEMENT AND CONSENT, SUBORDINATION,
NON-DISTURBANCE AND ATTORNMENT AGREEMENT BETWEEN THE CITY OF
AZUSA AND SPRINT PCS ASSETS, LLC
RECOMMENDATION
It is recommended that the City Council and the Azusa Public Financing Authority authorize
the City Manager/Executive Director, respectively, to enter into a site license agreement and
a consent, subordination, non-disturbance and attornment agreement with Sprint PCS
Assetts, LLC for the construction and operation of a cellular communications tower adjacent
to the West Wing of City Hall.
BACKGROUND
Sprint PCS Assetts, LLC is requesting the approval of a site license agreement and the City
Attorney is requiring approval of a consent, subordination, non-disturbance and attornement
agreement between the City. The proposed cellular communications tower will be installed
on an approximately 150 sq. ft. piece of city property adjacent to the western end of the
West Wing at City Hall.
Approval of the referenced documents will not become effective unless the following
conditions are met: 1) the agreement has been approved and executed by the City Council,
2) the agreement has been reviewed and consented to by the Azusa Public Financing
Authority, 3) a written opinion of a nationally-recognized bond counsel stating that this
agreement shall not cause the interest component of the lease payments described in the
2003 COP Agreement to become subject to federal and State of California personal income
I
taxes is obtained, and 4) the City receives written authorization for the execution of this
agreement from the bond insurer, as that term is defined in the 2003 COP Agreement.
The term of the agreement shall be for five years with options to renew for three additional
five year periods. The cellular communications tower will be a 50 foot tower in the form of a
monopine with bark cladding on the trunk in order to blend in with the existing landscaping.
This item received Planning Commission approval on September 28, 2005.
FISCAL IMPACT
Negotiations with SprintPCS Assetts, LLC began at $12,000 per year for the entire term of
the agreement and staff successfully negotiated the increase to $18,000 for the initial year
with a 4% increase escalator for each successive year. Although cellular communications site
lease rates were higher when cell sites were first rolled out to establish each
telecommunications' firms networks, this new generation of in-fill sites generally command
rates from $1 ,000 to $1 ,500 per month in today's market. The total net revenue over the
entire term of the lease is $536,005. The average annual lease payment is $26,800 per year
or $2,233 per month. This revenue will be a new gain for the City's General Fund.
In addition to the lease revenue, Sprint PCS Assetts, LLC has agreed to demolish the existing
communications tower at the same location at their expense. The tower has not served any
purpose and is a eye-sore in the Civic Center.
Attachments:
Site Elevation
Site License Agreement
Consent, Subordination, Non-Distrubance and Attornment Agreement
CITY OF AZUSA
COMMUNICATIONS SITE LICENSE AGREEMENT
WITH SPRINT PCS ASSETS L.L.C.
1. Parties and Date.
This Communications Site License Agreement ("License' or "Agreement") is made and
entered into this — day of 20 by and between the City of Azusa
(hereinafter referred to as "City"), a California municipal corporation and general law
city with its principal place of business at 213 E. Foothill Boulevard, Azusa, CA 91702
and Sprint PCS Assets, L.L.C, (hereinafter referred to as Licensee), with its principal
place of business at, Mailstop KSOPHT01.01-Z2020 6391 Sprint Parkway, Overland Park,
Kansas-66251-2020. The City and Licensee are sometimes collectively referred to herein
as the "Parties."
2. Recitals.
2.1 Description of Licensed Land. The City is the owner of a piece of land generally
located at 213 E Foothill Blvd., City of Azusa, County of Los Angeles ("City Property").
City would like to allow the Licensee to use and the Licensee would like to use
approximately one hundred and fifty (150) square feet of the City Property and such
other property as is necessary for access and utility easements, if any, all of which are
more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference ("Licensed Land").
2.2 Purpose of License. City desires to allow the Licensee to use the Licensed Land
and Licensee desires to use the Licensed Land in exchange for due and adequate
consideration, the receipt and sufficiency of which are acknowledged by the Parties and
further described and set forth in this License. The purpose of the License is to allow
Licensee to construct and operate a wireless telecommunications facility on the
Licensed Land to provide better communication services to its customers.
3. Terms.
3.1 Licensed Land. City hereby grants Licensee a license in, on, across and over the
Licensed Land, on the terms hereinafter set forth, for the purpose of constructing and
operating the Licensee Facilities, as defined below, to provide better communication
services to its customers.
ORANGE\MXM\22693.1
3.2 Effective Date and Term.
3.2.1 Effective Date. This Agreement is dated 2006 for reference
purposes only. This Agreement will not become effective until the date ("Effective
Date") on which all of the following are true:
(i) This Agreement has been approved and executed by the City
Council of the City of Azusa;
(ii) This Agreement has been reviewed and consented to by the Azusa
Public Finance Authority; and
(iii) In accordance with that certain Lease Agreement Relating to the
City of Azusa 2003 Lease Revenue Refunding Certificates of Participation. ("2003 COP
Agreement") dated as of December 1, 2003 by and between the City and the Azusa
Public Financing Authority and the City of Azusa, the City furnishes the Azusa Public
Finance Authority, the Trustee and Insurer, as those terms are defined in the 2003 COP
Agreement, a written opinion of a nationally-recognized bond counsel stating that this
Agreement shall not cause the interest component of the lease payments described in
the 2003 COP Agreement to become subject to federal or State of California personal
income taxes; and
(iv) The City receives written authorization for the execution of this
Agreement from the bond insurer, as that term is defined in the 2003 COP Agreement.
City shall use its reasonable and best efforts to secure each of the conditions
precedent listed in this subsection.
3.2.1 Term. The term of this License shall be for five (5) years, commencing on the
effective date of this Agreement. This License may be terminated in accordance with
the provisions of Section 3.10 herein.
3.3. Option to Renew. Licensee shall have the option to renew this License on the
terms and conditions herein contained for three (3) additional five (5) year periods upon
written notice to City of Licensee's intent to do so at least ninety (90) days prior to the
expiration of the preceding term. Such notice shall be deemed given upon the mailing
of such notice to City. If Licensee exercises the option to renew the License, City and
Licensee shall execute an amendment to this License at least thirty (30) days prior to its
expiration.
3.4 Facilities; Utilities; Access.
ORANGE\MXM\22693. 12
3.4.1 Subject to the provisions of this License, Licensee has the right to erect, maintain
and operate on the Licensed Land those radio communications facilities, utility lines,
transmission lines, electronic equipment, radio transmitting and receiving antennas,
supporting equipment and structures thereto ("Licensee Facilities') depicted or listed in
Exhibit "A". In connection therewith, Licensee has the right to do all work necessary to
prepare, maintain and alter the Licensed Land for Licensee's business operations and to
install transmission lines connecting the antennas to the transmitters and receivers. All
of Licensee's construction and installation work shall be performed at Licensee's sole
cost and expense, and in a good and workmanlike manner. Title to the Licensee
Facilities shall be held .by Licensee. All Licensee Facilities shall remain Licensee's
personal property and are not fixtures. Licensee shall remove all Licensee Facilities, at
its sole expense, and shall repair any damage to the City Property or Licensed Land
caused by such removal in accordance with Sections 3.11 and 3.12 below.
3.4.2 Licensee shall pay for the electricity it consumes in its operations at the rate
charged by the servicing utility company. Licensee shall draw electricity and other
utilities from separate utility service than City's from any utility company that will
provide service to the Licensed Land. City agrees to sign such documents or easements
as may be required by said utility companies to provide such service to the Licensed
Land, including the grant to Licensee or to the servicing utility company at no cost to
the Licensee of an easement in, over across or through the Licensed Land as required by
such location acceptable to City and the servicing utility company.
3.4.3 Licensee, Licensee's employees, agents, subcontractors, lenders and invitees shall
have access to the Licensed Land without notice to City twenty-four (24) hours a day,
seven (7) days a week, at no charge. Notwithstanding such access to the Licensed Land
and except for access needed for emergency repairs to the Licensee Facilities, Licensee
shall provide City with a minimum of 24 hour notice by telephone, fax or writing
informing City of the need to access the access easement area shown on Exhibit "B." For
emergency access to the access easement area shown on Exhibit "B" Licensee shall
provide City with reasonable notice. City also grants to Licensee, and its agents,
employees, contractors, guests and invitees, a non-exclusive right and easement for
pedestrian and vehicular ingress and egress across the City Property.
3.4.4 City shall maintain all existing access roadways from the nearest public roadway
to the Licensed Land in a manner sufficient to allow pedestrian and vehicular access at
all times under normal weather conditions. City shall be responsible for maintaining
and repairing such roadway, at its sole expense, except for any damage caused by
Licensee's use of such roadways. Notwithstanding the maintenance of existing
roadways, and as discussed in Section 3.9 below, Licensee shall be responsible for
ORANGE\MXM\22693. 13
acquiring, constructing and maintaining, at is sole expense, any additional access
roadways or other means of ingress and egress necessary for the Licensed Land, as
specified by City in Exhibit "B" attached hereto and incorporated herein by reference. If
the City should determine, in its reasonable discretion, that any roadways or other
means of ingress and egress are needed and should be constructed by Licensee, it shall
notify Licensee in writing at least one hundred and eighty (180) calendar days prior to
their required installation. Licensee shall have the opportunity to terminate the License,
pursuant to the terms of Section 3.8.1 below, rather than acquire and construct the
roadways or other means of ingress and egress.
3.5 Use. Subject to the provisions of Section 3.21, the Licensed Land may be used for
any activity directly connected with the provision of communication services and the
operation of the Licensee Facilities, provided that Licensee shall not construct or operate
any Licensee Facilities in addition to those depicted or listed in Exhibit "A" without
City's consent. Licensee's use of the Licensed Land shall comply with all applicable
laws, ordinances and regulations. Without limiting the nature of the foregoing,
Licensee shall obtain and maintain for the duration of the term and any renewal term a
business license as required by the Azusa Municipal Code and Licensee shall pay any
and all tax(es) required by the Azusa Municipal Code for such business license. If
technically feasible, City may license other communication users on its Licensed Land
or the City Property, provided that such users do not interfere with Licensee's
communications operations. Similarly, Licensee shall not interfere with the
communications operations of any other persons or entities that may have a lease or
other entitlement with City for the Licensed Land or City Property which pre-dates this
License, as discussed in more detail in Section 3.10.
3.6 Consideration. As consideration for the issuance of this License, Licensee shall
pay to the City the annual amount of Eighteen Thousand Dollars ($18,000.00), payable
in monthly installments of Fifteen Hundred Dollars ($1,500.00) on the lst day of each
month (License Payments). The License Payments shall increase by four percent (4%)
each year, effective on the anniversary date of this License. All payments shall be made
payable to: 213 E. Foothill Boulevard, Azusa, CA 91702.
3.7 Late Payment Charges. Licensee hereby acknowledges that late payment by
Licensee to City of License Payments and other sums due hereunder will cause City to
incur costs not contemplated by this License, the exact amount of which will be
extremely difficult to ascertain. Such costs include, but are not limited to, processing
and accounting charges. Accordingly, if any installment of consideration or any other
sum due from Licensee shall not be received by City within twenty (20) days after such
amount shall be due, Licensee shall pay to City a late charge equal to ten percent (10%)
ORANGF\MXM\22693. 14
of such overdue amount, as well as interest on the outstanding amount which shall
accrue at the rate of ten percent (10%) per annum. In no event shall the late charge or
interest exceed the maximum allowable by law. The parties hereby agree that such late
charge will automatically accrue by reason of any late payment by Licensee.
Acceptance of such late charge by City shall in no event constitute a waiver of
Licensee's default with respect to such overdue amount, nor shall it prevent City from
exercising any of the other rights and remedies granted hereunder.
3.8 Termination. In the event the License is terminated by either Party between the
anniversary dates, there shall be a pro rata refund of any consideration paid in advance
for the remaining term.
3.8.1 Termination by City or Licensee. This License may be terminated at any time, for
any or no reason, by City at any time or by Licensee at any time following the first year
upon one hundred eighty days (180) prior written notice. Notice is to be deemed given
upon the mailing thereof, postage prepaid, to the recipient at is address set forth below.
3.8.2 Termination by Licensee. This License may also be terminated upon sixty (60)
days prior written notice during the first year of this License if Licensee is unable to
occupy or utilize the Licensed Land due to ruling or directive of the FCC or other
governmental agency, which cannot be reasonably corrected by Licensee, including but
not limited to, a take back of channels or roadways or change in frequencies, or if
Licensee determines that the Licensed Land is not appropriate for its operations for
economic, environmental or technological reasons, including signal strength or
interference. In the event of a termination pursuant to this provision, Licensee shall pay
to City an additional sum of money equal to one (1) year of consideration.
3.8.3 Termination by City. Violation of any term, covenant, condition or provision
contained herein shall be cause for immediate termination of the License by City, unless
corrected within thirty (30) days after City's written request to do so. If such violation
cannot reasonably be corrected within such thirty (30) day period, the City shall not
have the right to terminate the License if the Licensee commences correction of the
violation within such thirty (30) day period and thereafter diligently pursues such
correction to completion. Notwithstanding the foregoing, any instance of late payment
is cause for immediate termination, as described in Section 3.8, at the sole discretion of
City, unless payment is made along with all applicable penalties and interest within ten
(10) days after the City notifies Licensee of the late payment. Upon the third instance of
late payment during the License term (including any extension or renewal terms),
Licensee shall not be entitled to the 10-day cure period, and the City may immediately
terminate this License by providing written notice of termination to Licensee.
ORANGE\MXM\22693. 15
3.9 Improvements. No improvements, including the Licensee Facilities, shall be
constructed and/or maintained on the Licensed Land without City's prior written
approval of plans and specifications, including the aesthetic and visual nature of the
Licensee Facilities, which approval shall not be unreasonably withheld. The aesthetic
and visual nature of the Licensee Facilities, including color and composition, shall
compliment and blend into the City Property and surrounding community to the extent
reasonably feasible. Licensee shall not change the existing grade or otherwise modify
the topography of the Licensed Land or City Property affected by this License without
prior written consent of City. Subject to approval by City, Licensee may traverse City's
Property outside the Licensed Land in order to connect to public utilities. To serve
City's Facilities and to remedy obstructions to access created by this License, Licensee
may be required to construct a new driveway apron, paved driveway or other means of
ingress or egress outside of the Licensed Land, and to perform all other work in
connection therewith solely at Licensee's expense, which work the City shall specify in
Exhibit "B" attached hereto. Such means of ingress or egress may or may not be on the
Licensed Land owned by City. In the event they are not on City's Licensed Land,
Licensee must obtain its own right-of-way. Licensee must comply with City's
guidelines as to construct in the vicinity of City's facilities.
3.10 Interference.
3.10.1 The Licensed Facilities shall not cause measurable interference to the
communications configurations, equipment and frequencies which exist on the City
Property or Licensed Land as of the Commencement Date (the "Pre-existing
Equipment"), and the Licensee Facilities shall comply with all non-interference rules of
the Federal Communications Commission. Licensee's use of the Licensed Land shall
also not unreasonably interfere with City's primary use of the City Property and
Licensed Land for use as a municipal civic center, city hall and police station and any
communications systems as may be installed by City at the City Property or Licensed
Land in connection therewith. City shall not permit any other tenant or occupant of the
City Property, to engage in any activities or operations which cause measurable
interference with Licensee's equipment. Any such interference with Licensee's
equipment shall be deemed a material breach by City, and the Parties shall use
commercially reasonable efforts, consistent with public safety and the requirements of
the City, to attempt to resolve such interference. In the event any such interference does
not cease promptly, the Parties acknowledge that continuing interference will cause
irreparable injury to Licensee, and therefore, Licensee shall have the right to (i)bring
action against City or such third party to enjoin such interference, or (ii) terminate this
Agreement immediately upon notice to City,'in addition to any other rights or remedies
ORANGE\MXMU2693. l6
at law or in equity. Notwithstanding the foregoing, Pre-existing Equipment operating
in the same manner as on the Commencement Date shall not be deemed interference.
3,10.2 This License is subject and subordinate to the prior and future rights of City to
use its Licensed Land in the exercise of its powers and in the performance of its duties.
There is reserved to City the right to construct or reconstruct facilities and
appurtenances in, upon, over, under, across and along the Licensed.Land and City
Property, and in connection therewith, the right to grant or convey to others rights and
interest to the Licensed Land and City Property; provided such rights and interests do
not cause interference with Licensee's operations.
3.11 Vacating the Property. At the expiration of the term or at any sooner
termination of this License, Licensee shall quit and surrender possession of the Licensed
Land and City property, and their appurtenances, to City in as good order and
condition as they were delivered to Licensee, reasonable wear and tear and damage by
the elements excepted. Within thirty (30) days of the expiration or termination of this
License, Licensee shall remove all Licensee Facilities from the Licensed Land and City
Property. Licensee agrees to pay any costs incurred by City if Licensee fails to comply
with this provision, including attorneys' fees and costs expended on any action by City
to compel removal by Licensee or collect the liquidated damages described in this
section. Licensee agrees that the inconvenience and other damage to City in the event
of Licensee's failure to timely remove Licensee Facilities is impossible to measure
precisely, but agrees that five hundred dollars ($500) per day is a reasonable estimate of
City's damages. To this end, if Licensee shall not restore the City Property and
Licensed Land as required, Licensee shall pay to City the sum of five hundred dollars
($500) as liquidated damages for each day following expiration or termination of this
License on which Licensee Facilities are present on City Property.
3.12 Maintenance. Licensee shall, at its sole cost and expense, keep the Licensed
Land free of noxious weeds and trash, and in good and proper condition in compliance
with all applicable laws and regulations concerning the use of the Licensed Land.
Licensee shall also not cause trash or other debris to be placed on the City Property. All
improvements shall be maintained in good and workable order and good appearance,
in accordance with City's written direction which may be provided from time to time,
including but not limited to, painting and screening. In addition, Licensee shall make
any repairs to the Licensed Land or City Property caused by or incident to Licensee's
use of the Licensed Land or implementation of this License.
3.13 Hazardous Substances.
ORANGE\MXM\22693. 17
3.13.1 For purposes of this License, the term "Hazardous Substances" means: (a) any
substance, products, waste, or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section
9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code
Section 6901 et seq.; the Hazardous Materials Transportation Conservation and
Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33
United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United
States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health
and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health
and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and
Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the
California Hazardous Waste Management Act, Health and Safety Code Section 25170.1
et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials
Release Response Plans and Inventory); or the California Porter-Cologne Water Quality
Control Act, Water Code Section 13000 et seq., all as amended (the above cited
California state statutes are hereinafter collectively referred to as "the State Toxic
Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution,
code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning any Hazardous Substance, now or at any time
hereinafter in effect; (b) any substance, product, waste or other material of any nature
whatsoever which may give rise to liability under any of the above statutes or under
any statutory or common law theory based on negligence, trespass, intentional tort,
nuisance or strict liability or under any reported decisions of a state or federal court; (c)
petroleum or crude oil, other than petroleum and petroleum products which are
contained within regularly operated motor vehicles; and (d) asbestos.
3.13.2 City warrants and represents that, to its knowledge as of the date hereof, there
are no Hazardous Substances in or about the Licensed Land and the City Property, the
improvements thereon do not violate any applicable Federal, State, or local statutes,
ordinances, regulations, rules or other requirements, and there is not presently pending
any proceeding before any Federal, State or local tribunal or agency, the outcome of
which would diminish or preclude Licensee's use of the Licensed Land as permitted
under the terms of this License. Except as so provided, City makes no warranty or
representation whatsoever concerning the Licensed Land or City Property, including
without limitation, the condition, fitness or utility for any purpose thereof, of any
improvements thereto with applicable laws, ordinances or governmental regulations.
Licensee's right to use the Licensed Land and City Property is strictly on an "as is" basis
with all faults. City hereby disclaims all other warranties whatsoever, express or
ORANGFWXM\22693. 18
implied, the condition of the soil (or water), geology, and any warranty of
merchantability or habitability or fitness for a particular purpose.
3.13.3 Except as otherwise specifically permitted under the terms of this License,
Licensee shall not use, create, generate, store, deposit, dispose of or allow any
Hazardous Substances on, under, about or within the City Property or Licensed Land in
violation of any federal, state, or local law, rule, regulation, order, decree or other
requirement listed in sub-section 3.13.1. Storage batteries for emergency power, fuel for
temporary generators during power outages, and ordinary paints, solvents and similar
substances commonly used in small quantities and necessary for maintenance of the
Licensee's Facilities are excepted from the preceding prohibition of use by Licensee of
Hazardous Substances on the Licensed Land, so long as Licensee complies with all
applicable federal, state and local. laws rules and regulations governing the use of such
items.
3.13.4 No permanent underground or above ground storage tanks shall be installed on
the Licensed Land or City Property.
3.13.5 City or its officers, employees, contractors, or agents shall at all times have the,
right to go upon and inspect the Licensed Land and the Operations conducted thereon
to assure compliance with the requirements herein stated. This inspection may include
taking samples for chemical analysis of substances and materials present and/or testing
soils on the Licensed Land and taking photographs.
3.13.6 Licensee shall, within a reasonable time, either prior to the release by Licensee, or .
following the discovery by Licensee, of the presence of, or believed presence of, a
Hazardous Substance as defined herein, give written notice to City in the event that
Licensee knows or has reasonable cause to believe that any release of Hazardous
Substance has come or will come to be located on, under, about or within the Licensed
Land or City Property. The failure to disclose in a timely manner the release of a
Hazardous Substance, including but not limited to, an amount which is required to be
reported to a state or local agency pursuant to law (e.g., California's Hazardous
Materials Storage and Emergency Response Act, Health and Safety Code Section 25550
et seq.) shall be grounds for termination of this License by City in addition to actual
damages and other remedies provided by law. Licensee shall immediately clean up
and completely remove all Hazardous Substances placed by Licensee on, under, about
or within the Licensed Land or City Property, in a manner that is in all respects safe and
in accordance with all applicable laws, rules, and regulations.
3.13.7 In the event Hazardous Substances are discovered, Licensee shall disclose to City
the specific information regarding Licensee's discovery of any Hazardous Substances
ORANGEWXM\22693. 19
placed on, under, about or within the Licensed Land or City Property by Licensee, and
provide written documentation of its safe and legal disposal.
3.13.8 Breach of any of these covenants, terms, and conditions shall give City the
authority to either immediately terminate this License or to shut down Licensee's
operations thereon, at the sole discretion of City. In either case, Licensee will 'continue
to be liable under this License to remove and mitigate all Hazardous Substances placed
by Licensee on, under, about or within the Licensed Land or City Property. Licensee
shall be responsible for, and bear the entire cost of removal and disposal of, all
Hazardous Substances introduced to the Licensed Land and City Property by Licensee
during Licensee's period of use and possession of the Licensed Land or City Property.
Upon termination of this License, Licensee shall, in accordance with all laws, remove
from the Licensed Land or City Property any equipment or improvements placed on
the Licensed Land or City Property by Licensee that may be contaminated by
Hazardous Substances.
3.13.9 Licensee shall defend, indemnify and hold City and its officials, officers,
employees, contractors and agents free and harmless from any and all claims, liability,
injury, damage, costs, or expenses (including, without limitation, the cost of attorney's
fees) arising as a result of the presence of use of any Hazardous Substances placed or
caused to be placed by the Licensee or its partners, affiliates, agents, officials, officers,
contractors 'or employees on the City Property or Licensed Land. The foregoing
indemnity is intended to operate as an agreement pursuant to, among other
requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section
9607, subdivision (e), and California Health and Safety Code Section 25364, to insure,
protect, hold harmless and indemnify City from any liability created by the Licensee
pursuant to such sections.
3.14 Access. If required by City in Exhibit "B" attached hereto, Licensee shall provide
and maintain uninterrupted vehicular access in and across the Licensed Land for City
and its employees, agents and contractors. If requested by City, Licensee shall provide
a means for City to place its locks on gates.
3.15 Entry by Owner. Licensee shall permit City to enter upon the Licensed Land at
any reasonable time for the inspection thereof, or at any time in connection with any
work which may be required thereon, and City shall not be liable for any damage to
Licensee's personal property in the course thereof.
3.16 Previous Licenses. In the event there is an existing license between Licensee and
City (or its predecessor-in-interest) covering the Licensed Land, it is agreed and
ORANG E\M XM122693. 110
understood that this License shall cancel, supersede and terminate said prior license as
of the effective date of this License.
3.17 Subordinate Rights. This License is subject and subordinate to the prior and
future rights and obligations of City, its successors and assigns, to use the City Property
in the exercise of its powers and in the performance of its duties, provided that the
foregoing not unreasonably interferes with Licensee's use of the Licensed Land
provided in this License. Accordingly, there is reserved and retained unto City, its
successors, assigns, grantees, and permittees, the right to construct .and reconstruct
facilities and appurtenances in, upon, over, under, across, and along City Property, and
in connection therewith, the right to grant and convey to others, rights and interests to
City Property, provided that the foregoing not unreasonably interfere with Licensee's
use of Licensed Land as provided in this License. This License is subject to all licenses,
leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims, and
other matters of title ("Title Exceptions") which may affect the Licensed Land now or
hereafter.
3.18 Assignment or Subletting. Licensee shall not assign this License without the
prior express written consent of the City; provided, however, Licensee may assign this
License, without increasing the number or substantially changing the type of facilities
on the Licensed Land, to any of its subsidiaries, affiliates or successor legal entities, or to
any entity acquiring substantially all of the assets of Licensee. Licensee shall not
sublicense all or any portion of the City Property or Licensed Land without the express
written consent of the City, which consent shall not be unreasonably withheld. Any
unauthorized assignment or sublicense shall be void and shall immediately terminate
this License.
3.19 Taxes. The possessory property interest created by this License may be subject to
property taxation, and Licensee may be subject to the payment of property taxes levied
on such interest by the appropriate taxing authority. Licensee is required to pay any
such tax directly to the appropriate taxing authority. In addition, if personal property
taxes are assessed, Licensee shall pay any portion of such taxes directly attributable to
the Licensee Facilities. City shall pay all real property taxes, assessments and deferred
taxes on the Licensed Land.
3.20 Mechanic's Liens. Licensee shall keep the Licensed Land and City Property free
from any liens arising out of any work performed, material furnished, or obligations
incurred by Licensee, or any tenant or subtenant thereof. Licensee shall not be
considered in violation of this provision if it provides a bond in lieu of the lien which is
ORANGE\M XM\22693. 1 11
in conformance with applicable law and which is in an amount and form acceptable to
the City.
3.21 Waiver. The waiver by City or Licensee of any breach of any term, covenant,
condition or provision contained herein ("Terms'), shall not be deemed to be a waiver
of such Terms for any subsequent breach of the same or any other Terms contained
herein. The subsequent acceptance of consideration by City shall not be deemed to be a
waiver of any preceding breach by Licensee of any Terms of this License, other than the
failure of Licensee to pay the particular consideration so accepted, regardless of City's
knowledge of such preceding breach at the time of acceptance of such consideration.
3.22 Attorneys' Fees. The prevailing party in any action brought by either party
hereto, based on any claim arising under this License, shall be entitled to reasonable
attorneys' and/or consultants' fees.
3.23 Insurance.
3.23.1 jypes; Amounts. License shall obtain, and shall require any subcontractor
to obtain, insurance in the amounts described below unless specifically altered or
waived by City ("Required Insurance'). If any of the Required Insurance contains a
general aggregate limit, such insurance shall apply separately to this License or be no
less than two times the specified occurrence limit.
(i) General Liability Insurance. Licensee shall maintain occurrence
version general liability insurance, or equivalent form, with a combined single
limit of not less than Two Million Dollars ($2,000,000) per occurrence.
(ii) "Ail Risk" Property Insurance. Licensee shall maintain a policy of
property insurance for perils usual to a standard "all risk" insurance policy on all
its improvements or alterations in, on, or about the Licensed Land, with limits
equal to the value of all such improvements or alterations.
3.23.2 General Provisions. The general liability insurance policy shall name City,
its elected officials, officers, employees, agents, and volunteers as additional insureds.
The Required Insurance shall be primary with respect to any insurance or self-insurance
programs covering City, its elected officials, officers, employees, agents, and volunteers,
or if in excess stand in an unbroken chain of coverage in excess of Licensee's scheduled
underlying coverage. The Required Insurance shall contain standard separation of
insureds provisions, and shall contain no special limitations on the scope of its
protection to City, its elected officials, officers, employees, agents, and volunteers.
ORANOE\MXMQ2693. 112
3.23.3 Certificates; Insurer Rating; _ Cancellation Notice. Prior to the
Commencement Date, Licensee shall furnish to City properly executed certificates of
insurance which evidence all Required Insurance. Licensee shall maintain the Required
Insurance at all times while this License is in effect, and shall replace any certificate,
policy, or endorsement which will expire prior to that date. All policies shall be
endorsed to provide the Required Insurance shall not be suspended, voided, reduced,
canceled, or allowed to expire except on thirty (30) days prior written notice to City.
Unless approved in writing by City, Licensee shall place the Required Insurance with
insurers licensed to do business in the State of California and with a current A.M. Best
rating of at least A-:VIII.
3.23.4 Waiver of Subrogation. City and Licensee release each other and their
respective officials, directors, employees, representatives, and agents from any claims
for damage or harm to any person, the Licensed Land, or Licensee's Facilities caused by,
or which result from, risks insured under any insurance policy carried by the Parties at
the time of such damage or harm. City and Licensee shall cause each insurance policy
obtained by them to provide the insurance company waives all right of recovery by way
of subrogation against the other in connection with any damage or harm covered by
such policy.
3.24. Indemnity. Subject to Section 3.23.4 of this License, Licensee agrees to
indemnify, defend and hold City harmless from and against all damages, claims of
liabilities and expenses including reasonable attorneys' fees, arising out of Licensee's
use and occupancy of the Licensed Land. Licensee's indemnity obligation does not
apply to any claims or damages arising out of or in connection with the acts or
omissions of City, its employees, agents, consultants, representatives or contractors.
3.25 Title and Quiet Possession. City represents and warrants to Licensee (a) that it
is the owner of the City Property and Licensed Land and is the lessor of the City
Property and Licensed Land pursuant to a Site and Facilities Lease Agreement
("SFLA") dated as of December 1, 2003 by and between the City and the Azusa Public
Financing Authority and is the lessee of the City Property and Licensed Land pursuant
to the 2003 COP Agreement ("Sublease") dated as of December 1, 2003 by and between
the City and the Azusa Public Financing Authority and that the SFLA and Sublease are
in full force and effect and City is lawfully in possession of the City Property and
Licensed Land thereunder, (b) that City has the right and authority to enter into this
License and to grant Licensee the right to use the City Property and Licensed Land as
contemplated by this License and that City has obtained and will maintain all approvals
and consents that may be required under the SFLA or Sublease in order for City to
ORANGE\MXM\22693. 113
grant Licensee the rights under the License and (c) that, subject to the terms and
conditions of this License, Licensee shall be entitled to access, use and the quite
possession of the City Property and Licensed Land pursuant to the terms and
conditions of this Licensee free from interference, obstruction or hindrance by the
Authority or any party gaining rights by, through or under the SFLA or Sublease and
(d) City will enter into a consent and non-disturbance agreement with Licensee and
Authority and will use its best efforts to obtain a consent non-disturbance agreement
with the Authority on terms and conditions acceptable to Licensee.
3.26 Amendments. The provisions of this License may be amended by mutual
written consent of the Parties.
3.27 No Relocation Assistance. Licensee acknowledges that Licensee is not entitled
to relocation assistance or any other benefits under the Uniform Relocation Assistance
Act or any other applicable provision of law upon termination to this License.
3.28 Time. Time is of the essence of this License.
3.29 Notices. All notices permitted or required under this License shall be given to
the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Licensee:
Sprint PCS Assets, L.L.C.
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park Kansas 66251-2650
With a copy to:
Sprint Law Department
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park Kansas 66251-2650
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: City Manager
0RANGE\MXMQ2693. 114
Such notice shall be deemed made when personally delivered or forty-eight (48) hours
after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.29 Entire Agreement. This License constitutes the entire agreement and
understanding between the parties, and supersedes all offers, negotiations and other
agreements concerning the subject matter contained herein. Any amendments to this
License must be in writing and executed by both parties.
3.30 Invalidity. If any provision of this License is invalid or unenforceable with
respect to any party, the remainder of this License or the application of such provision
to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this License shall be valid and enforceable to the fullest
extent permitted by law.
3.31 Successors and Assigns. This License shall be binding on and inure to the
benefit of the successors and permitted assignees of the respective parties.
3.32 Governing Law. This License shall be governed by the laws of the State of
California.
3.33 Execution of License. This License may be executed in duplicate counterparts,
each of which shall be deemed an original.
3.34 Survival. All obligations of Licensee hereunder not fully performed as of the
completion or termination of this License shall survive such completion or termination,
including without limitation all payment obligations and all obligations concerning the
condition of the Licensed Land and City Property.
3.35 Nondiscrimination. Licensee certifies and agrees that all persons employed by
it, its affiliates, subsidiaries, or holding companies and any of its contractors retained
with respect to this License are and shall be treated equally without regard to or
because of race, religion, ancestry, national original or sex, and in compliance with all
federal and state laws prohibiting discrimination in employment.
CITY OF AZUSA,
ORANGE\MXM\22693. 115
a California municipal corporation
By:
Fran Delach
City Manager
Attest:
Vera Mendoza, City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
LICENSEE
Sprint PCS Assets, L.L.C. .
A Delaware limited liability company
ORANGE\M XM\22693. 116
By:
Name:
Title:
Date:
Sprint Contracts & Performance Hotline: 800-357-7641
ORANGE\M XM\22693. 117
Exhibit "A"
General Description of Licensed Land
and Site Plan of Licensee Facilities
[SEE PAGES A-2 AND A-3 ATTACHED]
A-1
ORANGE\MXM\22693.1
Exhibit `B"
Special Conditions or Requirements Regarding Access
ORANGE\MXM\22693.1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Contracts&Performance
Mailstop KSOPHTO 10 1-Z2650
6391 Sprint Parkway
Overland Park,Kansas 66251-2650
ATTN: LA65XCOOID
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CONSENT, SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT AGREEMENT
THIS CONSENT, SUBORDINATION, NON-DISTURBANCE, AND ATTORNMENT
AGREEMENT(the"Consent")is made as of the_day of2006 by and between Sprint PCS
Assets, L.L.C., a Delaware limited liability company ("Sprint"), City of Azusa, a city and municipal
corporation, duly organized and existing under the Constitution and laws of said state ("City"), and Azusa
Public Financing Authority, a joint powers authority existing under the laws of the State of California
("Authority").
RECITALS
A. City is the owner,lessor and lessee of certain real property and improvements commonly know
as the'City's City Hall which is located on property described in Exhibit A attached hereto and incorporated
herein by reference. The property upon which City Hall is located is referred to as the "Site" and the
improvements located thereon are referred to as the "Project."
B. City and Authority entered into a Site and Facilities Lease Agreement dated as of December 1,
2003 whereby City leased to Authority the Site and Project (the "SFLA"). Authority and City entered into
Lease Agreement dated as of December 1,2003 whereby the Authority leased(subleased)the Site and Project
back to the City(the "Sublease").
C. City and Sprint have or will enter into a Communications Site License Agreement pursuant to
which Sprint will construct and operate certain communications facilities on the Site and Project (said
Communications Site License Agreement, as amended, extended or modified from time to time, the
"Agreement"), a copy of which is attached hereto as Exhibit B and incorporated herein by reference.
D. City,Authority and Sprint desire to enter into and agree to this Consent under the terms and
conditions hereinafter provided.
NOW,THEREFORE,in consideration of the mutual promises and covenants herein,and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
notwithstanding anything in the SFLA or Sublease to the contrary,City,Authority,and Sprint agree as follows:
1. Consent. Notwithstanding anything contained in the SFLA or Sublease to the contrary,
Authority and City hereby consent to the Agreement, and the use of the Site and project by Sprint as a
communications facility for the Initial and Renewal Terms as set forth in the Agreement.
2. Subordination. Sprint hereby agrees that the Agreement is and shall be subject and
subordinate to all present and future ground or underlying leases of the Site and Project now or hereafter in
FINAL SPRINT CONSENT AGMT
force against the Site and Project,provided that any such subordination shall be subject to the nondisturbance
and recognition/attornment provisions contained in this Consent.
3. Nondisturbance. City and Authority agree that so long as Sprint is not in default(beyond any
period given Sprint to cure such default) in the payment of rent or in the performance of any material term,
covenant, or condition of the Agreement: (i)Sprint's possession and use of the Site and Project and Sprint's
rights and privileges under the Agreement,shall not be diminished or interfered with by Authority or City,or
their respective successors or assigns or any other party acquiring the Site or Project or rights thereto
("Successor"),and(ii)Sprint's occupancy of the Project and Site pursuant to the terms of the Agreement shall
not be disturbed by Authority or City or any Successor,and(iii)Authority or City will not join Sprint as a party
defendant in any action or proceeding for the purpose of terminating Sprint's interest and estate under the
Agreement except as specifically set forth in the terms of the Agreement.
4. Recognition/Attorment
(a) Termination of the Sublease. Without limitation of the foregoing, Sprint,Authority and City
agree that in the event Authority or any Successor shall succeed to the rights of City under the Sublease,
whether through termination, expiration or non-renewal of the Sublease,possession, surrender,assignment,
judicial action or otherwise, and the SFLA remains in effect, Authority or the Successor shall become the
"Licensor" under the Agreement and Sprint hereby covenants and agrees to attom to Authority or to the
Successor, as the case may be, for the balance of the term of the Agreement, including any extensions and
renewals of the Agreement exercised by Sprint,upon the same terns,covenants,and conditions as provided in
the Agreement,so as to establish direct privity of estate and contract as between Authority or the Successor,as
the case may be,and Sprint,and with the same force and effect as though the Agreement were originally made
directly between Sprint and Authority or the Successor,as the case may be,and Sprint will thereafter make all
rent payments under the Agreement thereafter as directed by Authority or the Successor, as the case may be.
(b) Termination of SFLA. Without limitation of the foregoing, Sprint and City agree that in the
event the SFLA is terminated for any reason, whether through termination, expiration or non-renewal of the
SFLA,possession,surrender,assignment,judicial action or otherwise,the Agreement shall remain in full force
and effect, and not merge or be extinguished and City shall become(continue to be)the"Licensor"under the
Agreement and Sprint hereby covenants and agrees to attor to City or to the Successor,as the case may be,for
the balance of the term of the Agreement,including any extensions and renewals of the Agreement exercised
by Sprint, upon the same terms, covenants, and conditions as provided in the Agreement, so as to establish
direct privity of estate and contract as between City and Sprint,and with the same force and effect as though
the Agreement were originally made directly between Sprint and City without regard to the SFLA and
Sublease.
5. No Lien Rights. Notwithstanding any provision,term or condition of the SFLA or Sublease,
Authority and City hereby represent and warrant to Sprint that Authority and City and any Successor do not
have and will not claim to have any right, title, claim or interest in or to any of Sprint's improvements or
equipment owned by Sprint located in,on under or around the Project or Site from time to time,and that Sprint
shall be permitted to remove its equipment and improvements from the Site or Project at any time.
Notwithstanding any provision, term or condition of the SFLA, Sublease or Agreement, Sprint hereby
represents and warrants to Authority and City that Sprint does not have and will not claim to have any right,
title, claim or interest in or to any of the City or Authorities improvements or equipment owned by City or
Authority located in,on under or around the Project or Site from time to time,and that City or Authority shall
be permitted to remove its equipment and improvements from the Site or Project at any time.
6. Miscellaneous Provisions. Nothing contained in this Agreement shall in any way impair,alter,
or modify the rights, duties,or obligations of City or Authority under the SFLA or Sublease,or impose upon
Authority the obligation to perform any of the obligations of"Licensor"under the Agreement unless and until
FINAL SPRINT CONSENT AGMT
i
r
Authority or any Successor shall become the"Licensor"under the Agreement. This Agreement shall inure to
the benefit of the parties hereto and their respective successors and assigns. Any provision of this Agreement
which is unenforceable or invalid or contrary to law,(or its inclusion would affect the validity or enforcement
of this Agreement)shall be of no effect,and all remaining terms and provisions of this Agreement shall subsist
and be fully effective. In the event any dispute between City, Authority and/or Sprint should result in
litigation, the prevailing party shall be reimbursed for all reasonable costs incurred in connection with such
litigation, including, without limitation, reasonable attorneys' fees. This Agreement shall be construed
according to the laws of the State of California. This Agreement may be executed in one or more counterparts
and each party hereto grants the other parties the authority to compile.an original Agreement bearing original
signatures on separate signature pages,which document will constitute and original fully executed version of
this Agreement.
7. Notice. Any notice under this Agreement shall be given in writing and forwarded by certified
mail addressed as shown in the notice addresses of the parties that immediately follow the signature page of
this Agreement.
IN WITNESS WHEREOF,the parties have executed this Consent as of the day and year first written
above.
CITY: City of Azusa SPRINT:
Sprint PCS Assets, L.L.C.,
By: a Delaware limited liability company
Name: By:
Title: Name:
AUTHORITY: Azusa Public Financing Authority Title:
By:
Name:
Title:
ACKNOWLEDGMENTS ATTACH ED
FINAL SPRMT CONSENT AGMT
NOTICE ADDRESSES:
SPRINT: SPRINT PCS ASSETS, L.L.C.:
Sprint Contracts & Performance
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
ATTN: CASCADE NUMBER
with a copy to:
Sprint Law Department
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway,
Overland-Park, Kansas 66251-2020
Atin.: Sprint Real Estate Attorney
CITY: CITY OF AZUASA
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
AUTHORITY: AZUSA PUBLIC FINANCING AUTHORITY
Executive Director
Azusa Public Financing Authority
213 East Foothill Boulevard
Azusa, CA 91702
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this_day of , 2006,before me, a Notary
Public in and for said State and County,personally appeared personally]mown
to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Witness my hand and official seal
Notary Public in and for said State and County
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of , 2006,before me, a Notary Public in and for said
State and County, personally appeared personally known to me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal
Notary Public in and for said State and County
STATE OF CALIFORNIA )
ss. .
COUNTY OF )
On this —day of 2006,before me, a Notary Public in and for said
State and County,personally appeared personally known to me (or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal
Notary Public in and for said State and County
EXHIBIT A
TO
CONSENT, SUBORDINATION NON-DISTURBANCE AND ATTORNMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
Legal description consisting of two (2)pages is attached hereto and incorporated herein by this
reference.
EXHIBIT B
TO
CONSENT, SUBORDINATION NON-DISTURBANCE AND ATTORNMENT AGREEMENT
AGREEMENT
Copy of Communications Site License Agreement consisting of pages is attached hereto
and incorporated herein by this reference.
r-
O9liFORY`�P
CONSENT CALENDAR
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE
REDEVELOPMENT AGENCY BOARD
FROM: ROBERT K. PERSON, DEPUTY EXECUTIVE DIRECTOR
VIA: F. M. DELACH, EXECUTIVE DIRECTOR/I v"'
DATE: APRIL 2, 2007
SUBJECT: AUTHORIZATION TO ENTER INTO A PROPERTY LEASE AGREEMENT WITH
AMERICAN PROMOTIONAL EVENTS, INC. FOR THE LEASE OF PROPERTY
LOCATED AT 150 WEST NINTH STREET
RECOMMENDATION:
It is recommended that the Azusa Redevelopment Agency Board authorize the Executive
Director to enter into a property lease agreement with American Promotional Events, Inc.,
for the lease of property located at 150 West Ninth Street.
BACKGROUND:.
For many years, the owner of the Ranch Market site has leased, on a temporary basis, a
portion of its parking lot to American Promotional Events for the purpose of providing
space to non-profit Azusa groups selling safe and sane fireworks for fundraising
purposes. Since the Agency has acquired the site for future redevelopment, American
Promotional Events, Inc., has requested that the Agency lease the property for the same
purposes for the period June 28, 2007 to July 4, 2007. Lessee must agree to all
conditions imposed on other fireworks vendors doing business in the City as approved by
the City Council. Lessee agrees to obtain all required insurance and to indemnify the
Agency and hold harmless and defend against any loss, claims or costs arising from the
use of the premises for the sale of fireworks by Lessee and the non-profit organization.
FISCAL IMPACT:
Lessee agrees to pay the Agency the amount of $3,300 (Three Thousand Three Hundred
Dollars and Zero Cents) for the lease period. This figure is equal to the prior rental terms
with the Ranch Market owner. Funds will be deposited into the Redevelopment Agency's
account.
February 28, 2007
Mr. Robert Person
Asst. City Manager
City of Azusa
213 E. Foothill Blvd.
Azusa, California 91702
Subject: Azusa Ranch Market
Dear Mr. Person,
As per our previous telephone conversation, TNT Fireworks had a lease agreement with
Weiss Properties, Inc., to operate a fireworks stand for Sister Cities in 2007 at 150 W.
Ninth St. Now that the Redevelopment Agency has taken over the property, the lease has
been voided and we find ourselves without a location to offer this group—one they have
spent years developing. As we discussed, TNT would appreciate being able use this
property for the upcoming Fourth of July fundraiser.
I have enclosed a copy of our agreement with Weiss so you can see we are offering
identical terms and conditions to the City: $3,300 rent and Ten Million dollars insurance.
I have also enclosed a new Lease Agreement and Property Permission form for your
approval. Once we have that, we will expedite a check to whichever City department you
direct us to make it out to.
When we last spoke, you indicated your workload precluded addressing this until now. I
will call on you next week so that you can instruct me on what further will be required to
complete this agreement. In the mean time, should you have any questions or concerns,
my cell phone number is 714-686-2172.
Many thanks.
Sincerely,
David Codrea
TNT Fireworks'
Enclosure
cc: Mr. Tony Contreras, Sister Cities
AMERICAN PROMOTIONAL EVENTS, INC.
555 N. GILBERT STREET• FULLERTON, CA 92833
PHONE (714) 738-1002 • FAX(714) 738-3661
www.tntfi rewo rks.co m
PROPERTY LEASE AGREEMENT
This Property Lease Agreement ("Lease") is entered into by and between The
Redevelopment Agency of the City of Azusa ("Lessor") and AMERICAN
PROMOTIONAL EVENTS, INC., a California Corporation, d.b.a. Freedom
Fireworks/Red Devil Fireworks ("Lessee"), on the terms and conditions below.
Lessor represents and warrants that it has the authority to lease that certain
real property located at 150 West Ninth Street ("The Premises") in the city of Azusa,
California.
Lessor hereby leases to Lessee and Lessee leases from Lessor the Premises.
Lessor grants Lessee and a nonprofit organization designated by Lessee the exclusive
right to occupy the Premises for the sole purpose of conducting the sale of "Safe and
Sane" fireworks from June 28, 2007 to July 4, 2007. Lessee agrees to remove the
temporary fireworks sales booth on or before July 9, 2007, leaving the Premises clean
and free of debris.
Lessee shall indemnify, hold harmless and defend Lessor, and its officers,
employees and agents, from and against any and all claims, demands, suits,
proceedings, and all liability, loss, damage, cost, and expense (including without
limitation, reasonable attorney's fees, costs of court and investigative fees incurred in
the connection with the same), alleged, asserted or filed by any person, entity or
governmental authority as a result of any act or omission of Lessee (either directly or
indirectly) or any partner, officer, director, agent, employee, contractor, customer or
invitee of Lessee arising out of the use of the shopping center by Lessee or other
persons or entities described in this paragraph.
Lessee agrees to maintain and provide Public Liability and Property Damage
Insurance in the amount of TEN MILLION DOLLARS ($10,000,000.00) combined
single limits, pertaining to and protecting against liability arising from the activities
conducted at the Premises by Lessee and the nonprofit organization. Lessor, and any
other parties designated by the Lessor, will be named as an additional insured on said
policy and a certificate of insurance will be provided Lessor prior to the occupancy of
the Premises.
Lessee shall indemnify, hold harmless and defend Lessor from and against any
loss, claims or costs arising from the use of the Premises for the sale of fireworks by
Lessee and the nonprofit organization.
1
This Lease is subject to cancellation in the event of either sale of, or
construction on, the property that would prohibit the use of the site. This Lease is also
subject to cancellation if, for any reason, the Lessee is unable to secure a group to
operate on the premises, or the nonprofit organization cannot acquire and maintain all
city, county, and state licenses and/or permits necessary to operate a legal fireworks
sale on the Premises in compliance with applicable law. In the event of cancellation,
Lessee shall give Lessor written notice of the cancellation no later than June 15, 2007.
Lessor shall refund the rent paid within ten (10) days of such notice.
Lessee agrees to observe all of the obligations hereunder and Lessor agrees
Lessee shall have quiet possession and enjoyment of the Premises during the term of
this Lease.
This Lease contains the entire agreement between the parties. Any
amendment or modification hereto shall be effective only if in writing and signed by
both parties.
Rental consideration for this Lease shall be THREE THOUSAND THREE
HUNDRED DOLLARS ($3,300.00).
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
By: Date:
Please sign and print name and title below
AMERICAN PROMOTIONAL EVENTS, INC.
By: Date:
Laura Brunelle
Property Manager
LOC#XXX0435
2
Will
TO
TO WHOM IT MAY CONCERN:
Permission is hereby granted to Azusa Sister Cities and American Promotional
Events, Inc., d.b.a. TNT Fireworks for the exclusive right to use the property
located at 150 West Ninth Street in the City of Azusa, California, for their 2007
Fireworks Stand.
It is understood that this sale will be conducted in accordance with all City,
County, and State regulations.
By: Date:
Redevelopment Agency for the City of Azusa
XXX0435
July 19, 2006 r
Ms. Elizabeth Altman, Vice President
WEISS PROPERTIES
904 Silver Spur Road, #422
Rolling Hills Estates, California 90274
Re: 2007 Fireworks Lease
SWC Ninth & Azusa Ave., Azusa
Dear Ms. Altman:
As we discussed in our re;:ent telephone conversation, I am forwarding
the following documents for. use of your site for the sale of fireworks during
the 2007 July Fourth week:
I. Rental Check for $ 3,300.00
2. Lease Agreement with Exhibit "A" Site Plan
3. Permission Form
A Certificate of Insurance will be sent to you prior to occupancy of the site.
If everything meets with your approval, please sign and return one copy of
the Lease Agreement and Permission Form in the enclosed postage-paid
envelope. The duplicate copy is for your records.
Thanks again for your continued support of this fund-raising project by the
Azusa Sister Cities.
Should you have any questions, please feel free to call me at (800) 559-
1466, or send e-mail to peterst()tntfireworks com.
Yours truly,
AMERICAN PROMOTIONAL EVENTS, INC.
Thomas O. Peters
Vice President
Enc. Check #52983
AMERICAN PROMOTIONAL EVENTS, INC. -
555 N.GILBERT STREET• FULLERTON, CA 92833
PHONE(714)738-1002•FAX(714)738-3661
www.tntfireworks.com
AMERICAN PROMOTIONAL EVENTS,INC
CHECK REQUEST FORM CbeckR great#: 14849
PAYABLETO: WEISS FAMH.Y LIMITED PARTNFRMU Re quest Data: 07/1406
On WEISS PROPERTIES Yandor#: 353033
904 Silver Spur Head#422 Requested By: 87000725 LAURABRUNELLE
ROLLING HE.LS ESTATES,CA 90274 Approved By: 80000725 LAURA BRUNELLE
TAXABLE ID NUMBER: 33-0567081 W90e Film 0 Fate
Lome. Bmivesa Loom=Address Season Seaana Payment Accmmt Number
Nambv Unit Code Year Amount
XXX0435 51101 150 W.NINTH ST..AZUSA,CA JULY 2007 3,300.00 51101.1350.0013
3300.00
�e AMERICAN PROMOTIONAL EVENTS,INC.
dba TNT FIREWORKS Check No. - 52983
555 North Gilbert Street
Fullerton CA 92833 Check Date - 07/19/06
' Stub 1 of 1 '
XXX0435/JO7/14849 07/17/06 )M0435 JULY 2007 3,300.00 3,300.00 .
3,300.00 3,300.00
f$(:HECK IS YOIO'MTHOU7 A SUR(i11NOY$.ORAV.BOROER+ANO BAOKGROUNO P,LUB AKNiGHT,$FINGERPRINT WATERMAR%OTITNE BAC%;NOLO AT ANGLETOV,IEW'
AMERICAN PROMOTIONAL EVENTS,INC. Wells Fargo Bank,NA.
° dba TNT FIREWORKS - tt=26
e 555 NOAh GdDER Skeet te�a{al CHECK NO. 00052983
Ful rton CA'::92833 L
VENDOR DATE AMOUNT i
353033 07/19/06 $*****3,300.00
t
Vt
THREE-THOUSAND THREE HUNDRED AND 00/100*****, *v**f*********x++*++++++++x+++++++++++++
WEFAMILY LIMITED PARTNERkHIP ES25 C�JATU- '
dba WEISS '•PROPERTIES . (//L —'
woef - 904 Silver Spur Road # _422 -
°q ROLLING HILLS ESTATES CA 90274
y ICN9ieRE MACOHT}his HTG`tNGEFPRrvT f,HECJt WOROMG
_ ....,..... ..__...._—_.._...__—_._._.__._u_._ __.—__.............._.._�_—.—.._._..�.�..._..�__..�._____..___._
U.B.PATENTS 5538290,5575508,5867783,5785353,5984366,8030000
II"052983116 ll: 121000248j: 1,995 0112850
PROPERTY LEASE AGREEMENT
This Property Lease Agreement ("Lease") is entered into by and between
WEISS FAMILY LIMITED PARTNERSHIP ("Lessor") and AMERICAN
PROMOTIONAL EVENTS, INC., a California Corporation, d.b.a. Freedom
Fireworks/Red Devil Fireworks/TNT Fireworks ("Lessee"), on the terms and
conditions below.
Lessor represents and warrants that it has the authority to lease that
certain real property located at 150 West Ninth Street shown on Exhibit "A"
("The Premises") in the city of Azusa, California.
Lessor hereby leases to Lessee and Lessee leases from Lessor the
Premises. Lessor grants Lessee and a nonprofit organization designated by
Lessee the exclusive right to occupy the Premises for the sole purpose of
conducting the sale of "Safe and Sane" fireworks from June 28, 2007 to July 4,
2007. Lessee agrees to remove the temporary fireworks sales booth on or
before July 9, 2007, leaving the Premises clean and free of debris.
Lessee indemnifies, defends and holds harmless Lessor, and its
directors, shareholders, officers, partners, employees and agents, from and
against any and all claims, demands, suits and proceedings, and all liability,
loss damage, cost and expense (including without limitation, reasonable
attorneys' fees, costs of court and investigative fees incurred in the connection
with the same), alleged, asserted or filed by any person, entity or governmental
authority as a result of any act or omission of Lessee (either directly or
indirectly) or any partner, officer, director, agent, employee, contractor,
customer or invitee of Lessee arising out of the use of the shopping center by
Lessee or other persons or entities described in this paragraph.
Lessee agrees to maintain and provide Public Liability and Property
Damage Insurance in the amount of TEN MILLION DOLLARS ($10,000,000.00)
combined single limits, pertaining to and protecting against liability arising from
the activities conducted at the Premises by Lessee and the nonprofit
organization. Lessor, and any other parties designated by the Lessor, will be .
named as an additional insured on said policy and a certificate of insurance will
be provided Lessor prior to the occupancy of the Premises.
Lessee shall indemnify, hold harmless and defend Lessor from and
against any loss, claims or costs arising from the use of the Premises for the
sale of fireworks by Lessee and the nonprofit organization.
1
This Lease is subject to cancellation in the event of either sale of, or
construction on, the property that would prohibit the use of the site. This Lease
is also subject to cancellation if, for any reason, the Lessee is unable to secure
a group to operate on the premises, or the nonprofit organization cannot
acquire and maintain all city, county, and state licenses and/or permits
necessary to operate a legal fireworks sale on the Premises in compliance with
applicable law. In the event of cancellation, Lessee shall give Lessor written
notice of the cancellation no later than June 15, 2007. Lessor shall refund the
rent paid within ten (10) days of such notice.
Lessee agrees to observe all of the obligations hereunder and Lessor
agrees Lessee shall have quiet possession and enjoyment of the Premises
during the term of this Lease.
This Lease contains the entire agreement between the parties. Any
amendment or modification hereto shall be effective only if in writing and signed
by both parties.
Rental consideration for this Lease shall be THREE THOUSAND THREE
HUNDRED DOLLARS ($3,300.00).
WEISS FAMILY LIMITED PARTNERSHIP
By WEISS PROPERTIES, INC., It's General Partner
—biBy: Date:
Eliza eth Altman
Vice President
AMERICAN PROMOTIONAL EVENTS, INC.
By: yy�,o �. �'� Date: 7//y/ZLY,6
Thomas O. Peters
Vice President
2
AMERICAN PROMOTIONAL EVENTS, INC.
DATE: 12/4/2006 LOCATION# XXX0435
BRAND TNT SALESASSOCIATE CODREA
CITY AZUSA ORGANIZATION SISTER CITIES
SIZE 32 CONSTRUCTION STYLE METAL 1-PC BACK DOORS Y
BILLBOARDS Y A-FRAMES 1 BANNERS N PENNANTS Y
SET-UP FROM 6119 TO 6125 DOWN DATE 7/9
ADDRESS 150 E 9TH ST
INTERSECTION SWC 9TH/AZUSA
THOMAS GUIDE-COUNTY LA PAGE 568 GRID J5 SITE INSPECTION DATE
STAND CREW INSTRUCTIONS
Face stand to street starting In 2nd parking stall south of planter S sign—line up back of stand with parking stall strips-make sure stand is 10 It from sidewalk
SETBACKS. CURB 10 SIDEWALK BUILDINGS 20
9th ST
I
A
Z
' U
S
A
RANCH MARKET
STAND OPERATIONS APPROVAL SALES MGR.APPROVAL
SET BY DATE PICKED UP BY DATE
REVISION# DATE
TO WHOM IT MAY CONCERN:
Permission is hereby granted to and
American Promotional Events, Inc., d.b.a. Freedom Fireworks/Red Devil
Fireworks/TNT Fireworks for the exclusive right to use the property located at
150 West Ninth Street (limited to six (6) parking spaces) in the City of Azusa,
California, for their 2007 Fireworks Stand.
It is understood that this sale will be conducted in accordance with all City,
County, and State regulations.
WEISS FAMILY LIMITED PARTNERSHIP
By. WEISS PROPERTIES, INC., Its General Partner
By: Date: 7-Z I -o6
Eli Itman
Vice President
Loc 0435
pg4
i:e ' -�
- , - - �a
. 'A3i. �-_.
CITY OF AZUSA'
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,MARCH 19, 2007— 10:02 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 Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: CARRILLO,MACIAS, HANKS, ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Person,City
Department Heads,Secretary Mendoza, Deputy Secretary Toscano.
AGENCY SCHEDULED ITEMS Sched Items
Economic Development Director Coleman addressed item regarding the Purchase Agreement B.Coleman
for acquisition of property located 805 N. Dalton Avenue, detailing the specifics of the Comments
purchase and the history of the property. He talked about the proposed use of the property Purchase
and Its role in revitalizing the downtown to become a transit village. He then responded to Agreement
questions posed by Directors Macias and Chairman Rocha regarding appraisal,environmental Adjourned
impact, determined use of the property, obligation of buyer and approved plan. Executive To 3/26
Director Delach also responded questions and stated that the appraisal and environmental
Impact reports were available. Moved by Director Macias,seconded by Director Carrillo and
unanimously carried that the item be adjourned to Monday. March 26, 2007, immediately
following the Utility Board Meeting, so that Directors may have time to review reports.
The CONSENT CALENDAR consisting of Items H-I and H-2 was approved by motion of Consent Cal.
Director Hanks, seconded by Director Carrillo and unanimously carried. Approved
1. Minutes of the regular meeting of March 5, 2007,were approved as written. Min approved
2. The following Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAALLOWING Res. 07-R9
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants
FUNDS.
It was consensus of the Redevelopment Agency Boardmembers to adjourn.
Adjourn
TIME OF ADJOURNMENT: 10:1 S P.M.
SECRETARY
NEXT RESOLUTION NO.07-R10
NEXT ORDINANCE NO.07-ROI
D
i
* s
c91rFon�`A
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER
DATE: APRIL 2, 2007
SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT
OF CASH BALANCES FOR THE MONTH OF FEBRUARY 2007
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
February 2007.
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 February 2007.
Agency investments are made in accordance with the Redevelopment Agency Investment
Policy approved and adopted with Resolution No. 06-1118 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 February, Agency cash and investment balances increased by $522,897.17. Cash received
during the month totaled $1,021,072.80, and interest debt service payments on the tax
allocation bonds were disbursed in the amount of $498,175.63.
The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and
investments of $16,426,126.06, Wells Fargo Bank, the fiscal agent, held $9,489,039.92 on
behalf of the Agency. These funds are restricted for payment of debt service on the bonds
and special bond-funded projects. The remaining $6,937,086.14 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.lara,Sr.Acct.-Redevelopment
MH:RJJ/cs
t
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
FEBRUARY 2007
Beginning Cash Balance $15,903,228.89
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 1,021,072.80
Disbursements (498,175.63)
Ending Cash Balance $16,426,126.06
(All Restricted and Unrestricted Accounts & Investments)
Marcene Hamilton, Agency Tr asurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
_ FEBRUARY 2007
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 $53,368.38 FDIC up to$100,000.00 Ongoing 0.000% $53,368.38
,$100,000 collaterized by 110%In govn't secunties
Securities-Federal Home Loan Note No Limit 2,000.000.00 Backed by faith&credit of Federal Home Loan Bank(FHLB) 02/27/09 4.200% 1,973,000.00
Local Agency Investment Fund(LAIF) $20,000,000.00 4,883,717.76 Backed by faith&credit of the Stale of California Ongoing 5.181% 4,881,004.50
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $6,937,086.14 $6,907,372.88
Interest Collections: 542,000.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
WELLS FARGO BANKS,FISCAL AGENTS
1997 Merged Project Tax Allocation Bonds
1997A Special Fund
Wells Fargo Treasury Plus/MMkt No limit 12.93 N/A Ongoing 3.980% 12.93
1997A Interest Account
Wells Fargo Treasury Plus1MMkt No limit 50.31 N/A Ongoing 3.980% 50.31
1997A Principal Account
Wells Fargo Treasury Plus/MMkt No limit 107.32 N/A Ongoing 4.660% 107.32
1997A Reserve Account
Wells Fargo Treasury PluWMMkt No limit 13,482.44 N/A Ongoing 4.840% 13,482.44
Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement Ongoing 5.750% 467,642.50
1997 Merged Project Tax Allocation Bonds Subtotal: $481,295.50 _ $481.295.50
Interest Collections: $13.546.11
2003 Merged Protect Tax Allocation Bonds
2003A Special Fund
AIM Gov't Ponfollo No limit 26,335.05 Investments in direct obligations of the U.S.Treasury Ongoing 4.950% 26,335.05
200M Interest Account
AIM Gov't Portfolio No limit 79.25 Investments in direct obligations of the U.S.Treasury Ongoing 5.050% 79.25
2003A Principal Account
AIM Gov't Portfolio No limit 231.89 Investments in direct obligations of the U.S.Treasury Ongoing 4]40% 231.89
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
FEBRUARY 2007
Maximum
Deposits Cost Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value'
2003A Reserve Account
AIM Gov't Portfolio No limit 0.27 Investments In direct obligations of the U.S.Treasury Ongoing 0.000% 0.27
AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Invesbnent Agreement 07/29/23 4.780% 1,085,192.59
2003 Merged Project Tax Allocation Bonds Subtotal: $1,111,839.05 $1,111,839.05
Interest Collections: $191.25
2005 Merged Project Tax Allocation Bonds
2005 Special Fund
Wells Fargo Advantage Gov't Mmkt No limit 20,979.28 N/A Ongoing 4.880% 20,979.28
2005 Interest Account
Wells Fargo Advantage GoVt Mmkt No limit 69.75 Investments in direct obligations of the U.S.Treasury Ongoing 4.300% 69.75
2005 Redevelopment Fund
AIM Gov't Portfolio No limit 5,278,51649 Investments in direct obligations of the U.S.Treasury Ongoing 4,950% 5,278,514.49
AIM Institutional Prime-Cash MgmVMMk No limit 1,726,572.54 N/A Ongoing 5.160% 1,726,572.54
2005 Reserve Account
Wells Fargo Advantage Govt Mmkt No limit 58.93 N/A Ongoing 5.090% 58.93
MBIA Flexible Draw 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: $7,895,905.37 $7,895,905.37
Interest Collections: $29,572.46
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $9,489,039.92 $9,489,039.92
Total-Azusa Redevelopment Agency.
Cash and Investments: - $18,426,126.06 $16,396,412.80
Total Interest Collections: $85,309.82
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(LAIF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Tmste"eneated Statements:bond funds listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
'Market Value is the current price at which a security can be traded or sold,
oig2u
Opp a
AGENCY CONSENT CALENDAR
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD
FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F. M. DELACH, EXECUTIVE DIRECTORZO
DATE: APRIL 2, 2007
SUBJECT: CHANGE ORDERS APPROVAL FOR ASBESTOS ABATEMENT AND DEMOLITION
OF THE BLOCK 36 PROJECT SITE AND FORMER WIMPEY'S PAWNBUILDING
RECOMMENDATION
It is recommended that the Agency Board approve the submitted and requisite change orders in
connection with demolition and abatement of Block 36 and the former Wimpey's building in the
amounts of $27,440.00 (Block 36) and $9,750.00 (former Wimpey's Building) and authorize
staff to execute the change orders.
BACKGROUND
On January 16, 2007, the Agency held a public hearing and approved entering into a Disposition
and Development Agreement ("DDA") with Lowe Enterprises Real Estate Group ("Developer")
for the development of a quality mixed-use project located on the Block 36 project site.
At the same time, the Agency Board approved the demolition and asbestos abatement for the
Block 36 project. The Block 36 development project site is approximately 2.85 acres, consisting
of six vacant Agency owned commercial structures, a parking lot, the northerly portion of the
alley, a parking lot owned by Bank of America and the former Wimpey's building. The
Developer, through a separate transaction will acquire the Bank of America parking lot parcel.
The bank parking lot is not part of the demolition project.
On February 20, 2007 the Agency Board awarded the demolition and abatement contracts to
Interior Demolition Inc. in the amounts of $33,700.00 for the former Wimpey's property and
$147,496.00 for the Block 36. The Agency Board awarded the contracts separately as two
referenced contiguous sites, since they were purchased from two separate funding sources.
Block 36 project site demolition is a result of the Agency utilizing tax-exempt bond funds for
acquisition of the property, exclusive of the Wimpeys site. The Wimpeys site was acquired with
THE HONORABLE CHAIRMAN &MEMBERS OF THE AGENCY BOARD
CHANGE ORDERS APPROVAL FOR ASBESTOS ABATEMENT
April 2, 2007
Page 2
non-tax-exempt funds in order to possibly realize a share of profits from the Developer in
accordance with the approved DDA, once that project is complete/sold. Since the remainder of
the Block 36 properties were purchased with tax-exempt bond funds, such properties cannot be
included as part of the profit-sharing agreement between the Agency and the Developer.
Both contracts have a 10% contingency (Block 36 is $14,749.60 and Wimpey's $3,370.00),
which provides staff with a certain level of discretion with respect to change orders. Therefore,
staff is not authorized to process change orders that exceed 10% of the awarded contract
amount. To date, staff has processed one change order for Block 36 in the amount of
$12,290.00 for the following work:1) install 1 ,160 L.F. screen on the construction fence at a
cost of $2.75 per L.F., 2) remove and dispose 5,500 s.f. of asphalt from portions the northerly
alley at cost of $1 .00 per s.f., 3) install soil sealant for dust control at a cost of $1 ,600 to the
entire site and 4) removal of 400 s.f. of acoustic ceiling at 628 N. Azusa (Canyon City Hotel) at a
cost of $5.00 s.f. That change order was within the 10% contingency allowed under the
contract. No change orders have been processed to date for the former Wimpey's building.
The current submitted change orders surpass the authorized limit provided to staff. Block 36
has two change orders totaling $27,440.00 (see Change Orders No. 2 & 3). The former
Wimpey's property has one change order in the amount $9,750.00 (see Change Order No. 1).
The Block 36 change order includes the purchase of 48 pallets of bricks from the former hotel
building. This would allow the Agency to preserve a portion of the hotel bricks for future related
historic purposes.
The change orders are necessary to carry out and complete the abatement portion of the
project, which is currently being undertaken so that demolition may commence. Demolition is
scheduled to commence at the end of March. The demolition and abatement work is part of
the Agency's obligation for the Block 36 Development Project, consistent with the DDA with the
Developer. The following is a summary of the submitted change orders:
BLOCK 36
Project Item S.F./months/# Unit Cost Amount
Block 36 Fence Rental Up to 6 mos. $700/month $4,200.00
630 N. Azusa Floor removal 3,056 s.f. $2.50 s.f. $7,640.00
628 N. Azusa Hotel Bricks 48 pallets $325/pallet $15,600.00
Canyon City (500 bricks per
Hotelpallet)
Total $27, 440.00
WIMPEY'S
Project Item Sq ft. Unit Cost Amount
Wimpey's Ceiling 900 s.f. $5.00 s.f. $4,500.00
Flooring 2,100 s.f. $2.50 s.f. 1 $5,250.00
Total 1 $9,750.00
THE HONORABLE CHAIRMAN &MEMBERS OF THE AGENCY BOARD
CHANGE ORDERS APPROVAL FOR ASBESTOS ABATEMENT
April 2, 2007
Page 3
FISCAL IMPACT:
The change order amount for demolition of Block 36 (not including Wimpey's Pawn Shop) is in
the amount of $27,440 and has been budgeted in the FY 2006/07 Agency budget and will be
drawn from the Tax Exempt Bond fund account. The change order amount for demolition of the
former Wimpey's Property in the amount of $9,750.00 will be taken from the Non-tax-exempt
fund account. The additional change orders for Block 36 increases the new contract amount to
$187,226 and Wimpey's contract amount to $43,450 which remains below the $250,000
amount budgeted for the project.
Prepared by S. Benavides
Attachments: Change Orders
BAC:SB//cs
FROM : FRX NO. : Mar. 15 2007 01:02PM P3
/low
67na Foet601 Blvd.,0106 1 Tal: (019)053.4004
Talunga.CA 91042 inter &DEMOLITION inc. Fax:(ale)3r2-9104
Demolition • Earthwork • Asbestos Removal
www.artedarderrtoliflunmei
PON t1c.960a1ar
CHANCV,ORDER NO,2
March 14°i,2007
City of Azusa&Redevelopment Agency of the City of Azusa
Atm: Sandra Benavides
213 E. Foothill Blvd,
Azusa, CA
Project Location:630 N_Azusa Ave. Azusa,CA
Thank you for the opportunity to bid your project,and in considering interior Demolition, Inc.for all
your demolition,grading,and asbestos abatement needs.
Interior Demolition Inc.is a demolition,grading and asbestos abatomcnt contractor,I.icense 11603409,
C-12,C-21,and ASB.
Interior Demolition Inc.proposes to furnish all necessary labor,material,equipment, liability and
worker's compensation insurance to accomplish the scope of workdescribed herein at the above
address. All proposed work to be performed according to standard construction specifications and in a
good workmanlike manner.
SCOPE OF WORK
A) Construction fence shall remain beyond the completion of the Demolition up to 6 months and
shall be rented to the Agency or his designee in the amount o:f$700.00 per month.
B) Remove 3,056 sq_H.of flooring containing asbestos(9 x 9 in.tiles)on 630 N.
PRICE:
A)$700.00 Per month @ 6 mos. $4,200.00(FOUR THOUSAND TWO HUNDRED)
0 $2.50 Per sq. fl. $7,640.00(SEVEN THOUSAND SIX HUNDRED
AND FORTY)
TTO AL BID AMOUNT: $11,840.00(ELEVEN THOUSAND EIGHT HUNDRED AND FORTY
DOLLARS)
Respectfully submitted by:
Interior Demolition,Inc.
441 .1a a�l
"�^ Marco Molina Date Authorized Namo&Signature Date
FROM : FAX NO. : Mar. 15 2007 02:12PM P2 ._
67DO Foothill Blvd„*106
1ujuego,CA 91142 interlorDEMOLITION inc. Tet' (818)3sa.4a04
Famc(81 e)35,2.9104
Demolition • Eorthwotk • Asbestos Removol
wwWrylerlardemoRnammet
Shoo 4e.F{Wres
CHANGE ORDER NO.3
March 15,2007
City( `Azuva.&Redevelopment Agency of the City ofA•rusa
Attn: Sandra Bcnavides
213 L. Foothill 111vd_
Azusa,CA
Protect Location: Block 36(Azw9a& Foothill) _
9`hauk you for the opportunity to bid your project,and in considering Interior Demolition, Inc. for all
your demolition,grading,and asbestos abatement needs.
Interior Demolition Inc. is a demolition,grading and ashestos abatement contractor,License 11603409,
C-12,C-21,and ASB.
Interior Demolition Inc. proposes to furnish all necessary labur,material,equipment, liability and
worker's compensation insurmce to accomplish the scope of work described herein at the above
address. All proposed work to be performed according to standard eonsuruclion specifications and in a
good workmanlike mnnner.
SCOPE OF WORK:
A) Salvage of bricks,clean and pallet. Load and unlond at location provided no more then two
miles.
PRICE:
A)$325.00 each @,)48 pallets (FIFTL,,FN THOUSAND SIX HUNDRED)
TOTAL 8.ID AMOUNT: $15,600.00 (FIFI-FFN THOUSAND SIX HUNDRED)
Respectfully submitted by:
Interior emolitio , Inc. l
Marco Mol a l7a e ` Authorized Name& Signature Date
FROM FAX NO. Mar. 09 2007 01:51PM PS s
4708 Foothill Blvd:,0104 rel: (510)959.4804
IUtUngo,CA 91042 inter�orDEMOLITION inc. Fax:(ela)352-9104
Demolition • Earthwork • Asbestos Removal
www. lllan.net
Stale Uo #603409
CHANGE ORDER NO.t
Manch 8i°,2007
City of Azusa t& Redevelopment Agency of the City of Azusa
Attu;Sandra,Beoavides
213 E.Foothill Blvd.
Azusa,CA
Project Location.: Wimpoy's Pawn Shop Demolition and Abatement
Thank you for the opportunity to bid your project,and in considering Interior Demolition,Inc. for all
your demolition,grading,and asbestos abatement needs.
Interior Demolition.Inc.is a demolition,grading and asbestos abatement contractor.License#003409,
612,C-21,and ASB.
Interior Demolition Inc.proposes to furnish all naeessary tabor,material,equipment,liability and
worker's componsation insurance to hccomplish the scope of work described herein at the above
address, All proposed work to be performed according to standard construction specifications and in a
gond workmanlike manner.
SCOPE OF WORK:
A) Remove 2,100 sq.ft of flooring
B) Remove 900 sq.ft.acoustic ceiling
PRICE:
A)$2.50 per sq.ft. $5,250.00(FIVE 1'HOUSAND"fw0 HUNDRED AND FIFTY)
R):65.00 per sq.4. $4,500.00(FOUR THOUSAND FIVI,HUNDRED)
IOTA HID AMOUNT:AMOUNT: $9,750.00(NINE THOUSAND SFVFN HUNDRED AND FIFTY
DOLLARS)
Respectfully submitted by:
Interior Demolition, inc.
Mo n / are Authorized Nnme 8c Signatta 17aie
WARRANT REGISTER NO. 17
i
FISCAL YEAR 2006-07
WARRANTS DATED 03/01/07 THROUGH 03/15/07
FOR REDEVELOPMENT AGENCY MEETING OF 04-02-07 `F
RESOLUTION NO. I «
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required bylaw and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 31,487.66
80-125-CBD CAPITAL PROJECTS FUND 52.392.66
80-135-WED CAPITAL PROJECTS FUND 1.250.00
80-135-WED CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 18,000.00
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 10313032 -
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 2007.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the_day of 2007.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa HP 9000 03/28/07 O P E N H 0 L D D B LISTING BY PersaVElt-ity Nacre id: C% 02
WEU DM 28, 2007, 12:50 FM ---req: RASE-------leg: C3, JL---lcc: BI-'ID:T-I---Jc:b: 501327 #J552----pgn: 00 <1.34>
ipt SEIFIT FU\u CbJes: 80-82 ; CIE& Issue Dates: 030107-031507
PE ID PE Kane AfaldVr N 43ER / JCB N(1vM Invoice MADer De=pticn St Disc. Ant. Dist. Ant.
V09189 A.E. Cl'I� O 8110155000-6650/505300-6650 1 FBIAL/ 13S NIJRRA FD 0.00 8,000.00
V09189 A.E. C==O 8110155000-6650/505300-6650 1 FI012N A71LS PD 0.00 31265.00
V09189 A.E. CUI=rIO 8110155000-1810/505300-1810 1 FlN,L/1012N A7IJS FD 0.00 6,735.00
PEIDd: 0.00
d: 18,000.00
Total: 18,000.00
V07873 ArrrA\'CE ENVIlYN 8010125000-7110/501500-7110 19882 ASBESIC6 AFB.EEEME FD 0.00 8,500.00
PEID �y��, d: 0.00
Paid: 8,500.00
Total: 8,500.00
V10215 ARRIA.7A, EVELJA 8010125000-3199 042903 REF AHMU/609-6 PD y0.00 579.14
� 0.00
PEID Paid: 579.14
Total: 579.14
V00363 AzLEA CMEM OF 8010110000-6630 1913 FY 2006/07 CRNvB FD 0.00 1,500.00
PEIDd: 0.00
d: 1,500.00
Total: 1,500.00
V01305 AGFA CL'rY FID C 8000000000-3035 2610/0701005 ppRR$$��5/07 PD 0.00 234.63
V01305 AZUSA = FID C 8000000000-3035 2610/0701006 PR#6/07 PD 0.00 234.63
PEID Paid: 469.26
Total: 469.26
V00355 AZUSA pA)TCLL AC 8000000000-3005 PR0507 Taxes Fb1/Withhe rD 0.00 1,019.07
V00355 AzaA PA)mM AC 8000000000-3001 rR0507 Tis Pblm, PD 0.00 3,304.26
V00355 A= PAS L AC 8000000000-3003 PR0507 Tc.s �1� FD 0.00 583.08
V00355 AMA PA)TU AC 8000000000-3001 PR0607 Taxes i PD 0.00 3,061.51
V00355 AarA PA)TOM AC 8000000000-3005 FR0607 Taxes Fbl/Witrthe PD 0.00 932.78
V00355 AZ[6A PANRML AC 8000000000-3003 PR0607 Tis Payable/FI FD 0.00 520.12
PEID Paid: 9,420.82
NaTe Page 2
City of Auusa HP 9000 03/28/07 0 1 E ���: BID'IDCL__J 0]327 W552- pgm: vti=09 LISTING By 0 1Y34 rpt id: C IFLIl�02
W03, MAR 28, 2007, 12:50 FM ---req: ROSE------- E9:
GL SE= RED 0--des: 80-82 ; Check Issue Dates: 030107-031507
Ant..
PE ID PE Nar[e =
Tbtal: 9,420.82
V07432 BARK & CLARK 8010125000-6399/505700-6399 17004 P,SEE9I06/LEAD PA FD 0.00 7,630.00
PEID L d- 0.00
Paid: 7,630.00
Total: 7,630.00
V0016g SKI & (LMP 8010135000-6399/ 003-6399 020107 APPRSL SVCS-850 PD 0.00 1,250.00
V00469 B7Q�KI & CSI�IP 8010125000-6399/505800-6399 021607 APPRSL-805N SALT PD 0.00 2,500.00
PEIDUi d: 0.00
Paid: 3,750.00
Total: 3,750.00
V00348 Ca\EED HI ALTH I 8000000000-3054 2435/0701005 PR45/07 PD 0.00 19.25
PEID Ui2ai
0.00
d: 19.25
Total: 19.25
V06892 aETCM SIcNs INC 8010125000-6625/505700-6625 5904 2 P1317ET:T SIDS PD 0.00 2,465.25
PEIDd: 0.00
d: 2,465.25
Total: 2,465.25
V00331 FERAL EXPFESS 8010125000-6625/505700-6625 868006154 117052788 PD 0.00 18.84
V00331 FEDERAL M4,EsS 8010125000-6625/505700-6625 868006154 117052788 PD 0.00 18.67
V00331 FEDERAL 8010125000-6625/505700-6625 869341121 117052788 FD 0.00 14.42
V00331 FEDERAL ESS 8010125000-6625/505800-6625 87064757 117052788 FD 0.00 18.84
V00331 FEDERAL ExFFsSS 8010125000-6625/505800-6625 87064757 117052788 PD 0.00 25..85
V00331 FEDERAL EXpRESS 8010125000-6625/505700-6625 869341121 117052788 PD 0.00 14.42
V00331
FEDERAL FXpRESS 8010125000-6625/505800-6625 87064757 117052788 PD 0.00 18.84
V00331 FEDERAL E*ftESS 8010125000-6625/505700-6625 87064757 117052788 PD 0.00 18.84
PEID Paid: 148.72
Total: 148.72
V05443 CBJCRAMCS 8010110000-6625 12192 DESICN & FAERICA PD 0.00 207.42
City of Azusa HP 9000 03/28/07 O P E N H O L D D B LISTING By Fhtity Nacre Page 3
F]ET5 MAR 28, 2007, 12:50 FM ---req: ROSE-------leg: CL JLr--loc:.BI-=---jda: 501327 #�J552----pam�00 <1.34> rpt id: CHFLM 02
SEIE)`T FTDID Axles: 80-82 ; Qreck Issue Dates: 030107-031507
PE ID PE Nacre AOSJ[NP NMER / JCB N 4M Lwoice Nor Da=ptim St Disc. Acct. Dist. Pict.
PEIDd: 0.00
Paid: 207.42
Total: 207.42
V01646 HDL CLAN & CONE 8010110000-6493 0011718IN FY 06/07 SALES & FD 0.00 2,700.00
PEIDd 2 ,700.00
Total: 2,700.00
V06713 HEUER ASSXTP.TE 8000000000-2724 1225/0701005 PR45/07 FD 0.00 4.68
PEID d: 4.68
Total: 4.68
V01916 JARA PETTY CASH, 8010125000-6340/502801-6340 022807 R TiF LF NDE PD 0.00 50.00
V01916 JARA PETIT CPSH, 8010125000-6625/505700-6625 022807 MllrPLk;/BLK36 CE HJ 0.00 40.54
V01916 JARA PETTY CASH, 8010110000-6530 022807 CHIP BATIE FD 0.00 11.36
V01916 JARA PEPIY CASEi, 8010125000-6625/505800-6625 022807 MCG NhI FD 0.00 34.01
V01916 JARA PETTY CASH, 8010110000-6625 022807 AZ ICAL RJ;?BD PD 0.00 81.41
PEIDd: 217.32
Total: 217.32
V03126 LTN= NATICNAL 8000000000-3010 2325/07010066/07 FD 0.00 295.62
V03126 LTNJ7LDT NATIONAL 8000000000-3010 1320/0701005 5/07 FD 0.00 63.56
V03126 LDMN NATICN.L 8000000000-3010 2325/0701005 5/07 PD 0.00 295.62
V03126 LRLN NATICNAL 8000000000-3010 2320/0701005 5/07 FD 0.00 27.64
PMimiUPal
d: 0.00
Paid: 682.44
Total: 682.44
V00540 OFFICE DEFOr = 8010110000-6530 374965178001 332629 MRv= C PD 0.00 19.47
V00540 * OFFICE DEBT IIS 8010110000-6530 373801955001 938704 PENDAFIEX PD 0.00 24.35
V00540 OFFICE DENT IIS 8010110000-6530 373801955001 577078 FLSITP "I FD 0.00 12.06
V00540 OFFICE DEEY7P 8010110000-6530 373978776001 234-286 PCSP IT FD 00.00 6.15
PEID Paid: 62.03
Ci ty of Azusa HP 9000 03/28/07 O P E N H O L D D B LISTING By i/Ertity �e 4
V� GL JLr--loc: BI-'TECH---job: 501327 W552----p9m. CF400 <1.34> xpt id: 02 -
I�P,R 28,. 2007, 12:50 FM ---req: RC6E-------leg: _
SELECT FUU Codes: 80-82 ; Check Issue Dates: 030107-031507
PE ID PE Ncrm AM= -- EER / XB 3'EER- jjjrejee £aarber �c,,--j pt'; c�r nicr_ Ant, Dist. PT.
Total: 62.03
V06703 PROFC7FM PRINITN 8010110000-6625 0660004073 C.C. RFINICN FC6 PD 0.00 1,529.23
V06703 P13DFCp%A K2INPIN 8010110000-6625 0660004073 CC RETNNCN Ng1= PD 0.00 969.00
PEIDd: 0.00
d: 2,498.23
Total: 2,498.23
V00353 pLEEZC EMPLOYEES 8000000000-2728 02073 E?xs H PD 0.00 3,305.62
V00353 RmIC! IIvIPLOYEES 8000000000-3070 02073 FMP aUY HACK PD 0.00 29.32
V00353 PUBLIC EMPLOYEES 8000000000-2728 02074 Pzssle FD 0.00 3,305.59
V00353 AIDLIC EMPLOYEES 8000000000-3070 02074 EMP PSr BUY BACK FD 0.00 29.32
PEID d: 0.00
d: 6,669.85
Total: 6,669.85
V04138 R� LIFE I 8000000000-3053 2215/0701005 0p� /07 PD 0.00 2.50
RELI
V04138 AgM LIFE I 8000000000-3054 2410/0701005 PR#5/07 PD 0.00 1.87
PEID d: 0.00
Paid: 4.37
Total: 4.37
V08192 SQ�IDALP'1 & ASS 8010125000-6345/508800-6345 013107 PID EPZWY PRJ MS FD 00.00 2,145.00
PEID LIVT0.00
2,145.00
Total: 2,145.00
V03157 SCS EN'7NEERS 8010125000-6399/501500-6399 0062475 11/06 FR[ L FEES PD 0.00 800.00
PEID Via: 800.00
Total: 800.00
V08056 SIAL Bqg-RPN 8000000000-3044 1255/0701005 "5/07 PD 0.00 179.94
PEIDT��a'd: 0.00
Paid: 179.94
Total: 179.94
City of Azusa HP 9000 03/28/07 O P E N H 0 L D D B LISTING By Ihtity Narre �05
V� NP,R 28, 2007, 12:50 FM ---req: E�GGE-------leg: GL JL---loc: BI-TECH---job: 501327 #J552----pgrn: 00 <1.34> zpt id: 2
SE= FUD Codes: 80-82 ; Check Issue Dates: 030107-031507
PE ID FE Nacre PL1= MJvEER / JCB MvUR Invoice Nurber De =pticn St Disc. Pit. Dist. Art..
V10053 SIPS II15URAN 8000000000-2725 1221/0701005 PR45/07 PD 0.00 149.97
PEID0.0
Paid: 149.97
Total: 149.97
V08056 SI4\= INSURPN 8000000000-2725 1220/0701005 /07 PD 0.00 60.29
V08056 SD4\1= INSURAN 8000000000-3044 1255/0701006P�/07 PD 0.00 179.94
V08056 S INSURPN 8000000000-2725 1220/0701006 /07 PD 0.00 60.29
PEED 0.00
d: 300.52
Total:. 300.52
V02675 STATE OF Gn=, Fr-R 8000000000-3051 E-12007030226000 PRIM ACPiVEC FD 0.00 2,454.59
V02675 STALE OF CAL= 8000000000-2724 M007030226000 Health Irby PD 0.00 10.79
PEIDd0.00
d:: 2,465.38
Total: 2,465.38
V06783 STATE S= BAN 8000000000-3010 2315/0701006 /07 PD 0.00 589.82
V06783 STATE SII2EET BAN 8000000000-3010 2315/0701005 /07 FD 0.00 589.82
V06783 STALE STRUT RM 8000000000-3010 1310/0701005 /07 FD 0.00 203.87
V06783 STATE SIl2EET BAN 8000000000-3010 2310/0701005 1/07 PD 0.00 431.20
FEID d: 0.00
d: 1,814.71
Total: 1,814.71
V10236 VAMd S, TM 8010125000-6645/505800-6645 030707 SSTILEvENT/i50W PD 0.00 27,500.00
FEIDyd: 0.00
Paid: 27,500.00
Total: 27,500.00
V00876 ➢9= P'FTRA 8000000000-3010 2335/07010055/07 PD 0.00 98.01
V00876 WkcJ41N(=, n= 8000000000-3010 2330/0701005 5/07 PD 0.00 50.00
V00876 W%cJE2UIIN MRA 8000000000-3010 2335/0701006 /07 PD 0.00 98.01
PEID U-paid: 0.00
- - City of Azusa HP 9000 _ .. 03/28/07 _ . ._ OPE N H O L D . D B L I S T I N G By /Entity Nam aqe 6
WEU, WR 28, 2007, 12:50 FM ---req: FLEE-------leg: GL JL---loc: BI-=I --jcab: 501327 #J552----Pgn: CH400 <1.34> rpt id: CHET 202 - -
SE= HIND Codes: 80-82 ; Check Issue Dates: 030107-031507
PE J-U FE 11mie E Pd3EER / EB PWEOZ Irnnice UrdDes St Disc. Ant. Dist. Arrt.
Paid: 246.02
Total: 246.02
V07755 WE73S FARM BAW 8010110000-6610 320111 2005TAB Mv13N FE FD 0.00 2,000.00
PEM
d: 0.00
d: 2,000.00
Total: 2,000.00
GRAND TOTAL d: 0.00
d: 103,130.32
Zbtal: 103,130.32