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AGENDA
CITY COUNCIL, AND
REDEVELOPMENT AGENCY
AZUSAAUDITORIUM MONDAY, MAY 7, 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 relatingto each item ofbusiness
referred to on the Agenda are on rile in the Office of the City Clerk and are available for public inspection at the
City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called each
person may address any item on or off the agenda during the public participation.
6:30 P.M.
CEREMONIAL
Presentation of Proclamation to Heath Hamilton, Recreation Superintendent, in honor of the 20th
Anniversary of the Azusa Senior Center.
Presentation of Certificates of Recognition to Jousce Gonzalez, 11 year old who won the 2007 Junior
Olympics and Danny Martinez, 22 year old who won all three of his boxing matches in Tahiti.
Presentation of Certificates of Appreciation to the Azusa Pacific University students who contributed to
the preparation of the "Economic Development in Azusa: A Retail Study of the Azusa Pacific University
Community".
CLOSED SESSION
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81
Address: 850 W. Tenth Street, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov. Code 5ec. 54956.81
Property Address: 150 West Ninth Street, Azusa, CA 91702
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Negotiating Parties: Aner Iglesias
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.81
Property Address: 801 East.Alosta Avenue, Azusa, CA 91702
Negotiating Parties: Crestview Apartments
Agency Negotiators: City Manager Delach and As
City Manager Person
Under Negotiation: Price and Terms of Purchase - Housing Covenant
REAL PROPERTY NEGOTIATIONS (Gov Code Sec. 54956.8)
Property Address: 809 North Azusa Avenue, Azusa, CA 91702
Negotiating Parties: Dave Ryan
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Purchase
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
Call to Order
Pledge to the Flag
Invocation — Reverend Angel De Rosas of the First Filipino Presbyterian Church
CEREMONIAL-CONTINUED
.Mr. and Mrs. Falcon to perform a musical tribute to Mothers in celebration of Mother's Day on Sunday,
May 13, 2007.
A. PUBLIC PARTICIPATION
(Person/Group shall be a//owed to speak without interruption up to rive (5) minutes maximum
time, subject to compliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions or comments shall be handled after the speaker has
completed his/her comments. Public Participation will be limited to sixty (60) minutes time.)
05/07/07 PAGE TWO
B. REPORTS, UPDATES, AND ANNOUNCEMENTS
I. Mayor Rocha - Request for $100.00 sponsorship for Danny Martinez, from Azusa Boxing Club,
who was selected to go to the Junior Olympics representing Azusa.
2. Discussion regarding consideration of canceling regular Council Meeting of August 20, 2007 and
the Utility Board Meeting of August 27, 2007.
3. City Manager - Downtown North Advisory Committee Schedule and Composition.
C. SCHEDULED ITEM
1. APPROVAL OF MONROVIA NURSERY GATES PRESERVATION PLAN. RECOMMENDED
ACTION: It is recommended by Staff and the Cultural and Historic Preservation Commission
that the City Council approve the Gate Preservation Plan with conditions of approval as stated in
the Staff Report.
2. APPROVAL OF REVISED PALM TREE PRESERVATION PLAN FOR PALM DRIVE.
RECOMMENDED ACTION: It is recommended by Staff and the Cultural and Historic
Preservation Commission recommends that the City Council approve the revised Palm Tree
Preservation Plan for Palm Drive with conditions of approval.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. if Councilmembers or Staff wish to address any item on the Consent Calendar
individually, it will be considered under SPECLU CLL ITEMS.
I.. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 2007 AND THE
SPECLAL MEETING OF APRIL 19TH, AND 23RD.2007. RECOMMENDED ACTION: Approve
Minutes as written.
2.' HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action
Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
3., PURCHASE OF ONE 2008 FORD F250 CREW CAB PICK-UP TRUCK FROM CLIPPINGER FORD
IN AN AMOUNT NOT TO EXCEED $24,970.58. RECOMMENDED ACTION: Approve the
purchase of one 2008 Ford F250 Crew Cab Pick-up Truck from Clippinger Ford, 137 W. San
Bernardino Road, Covina, CA in an amount not to exceed $24,970.58. It is further
recommended that City Council approve the purchase of this vehicle based on comparison bids
from two other Ford dealerships at a cost of $31,663.92 and $32,724:48 for identical 2008
Ford F250 Crew Cab Pick-up trucks.
05/07/07 PAGE THREE
4. SEVEN (7) DAY A WEEK HELICOPTER AGREEMENT. RECOMMENDED ACTION: Approve
the Seven (7) Day Helicopter Agreement between the City of Azusa and the City of EI Monte.
5. APPROVAL OF CITY COUNCIL MEMBER ASSIGNMENTS TO VARIOUS OUTSIDE AGENCY
BOARDS AND COMMITTEES. RECOMMENDATION: Approve the appointments as listed.
1. Azusa Agricultural Water Company—Keith Hanks as Representative,and Robert Gonzales as Alternate
2. Resolution No. 07-C28, appointing Angel Carrillo as Representative,and Joseph Rocha as Alternate to
the Board of Directors, L.A.County Division League of California Cities
3. Resolution No. 07-C29, appointing Joseph R. Rocha to the City Selection Committee
4. Foothill Transit Zone— Keith Hanks as Representative, and Uriel Macias as Alternate
5. Gold Line 11 Joint Powers Authority— Udell Macias as Representative and Angel Carrillo as Alternate
6. Resolution No. 07-C30, appointing Joseph R.Rocha as Representative and Keith Hanks as Alternate to
the Los Angeles County Sanitation District #22
7. L.A. Works—Joseph R. Rocha as Representative and Robert Gonzales as Alternate
8. Resolution No. 07-C31, appointing Angel Carrillo as Representative and Uriel Macias as Alternate to
the San Gabriel Valley Council of Governments
9. San Gabriel Valley Humane Society Joint Powers Authority— Robert Gonzales, Representative
10.San Gabriel Valley Mosquito &Vector Control District—Joseph R. Rocha (reappointed 10/02/06—4
year term) Robert Gonzales, Alternate.
6. CITY TREASURER'S REPORT AS OF MARCH 31,2007. RECOMMENDED ACTION: Receive and
file the Report.
7. FINAL TRACT MAP NO. 54057-11 MAGNOLIA AT ROSEDALE. M
RECOMENDED ACTION: 1.
That this project complies with the General Plan and is consistent with the approved tentative map and any
amendments thereto. 2. The dedications as offered on the map for street and public park purposes are hereby
approved and accepted. 3.That this project will not violate any of the provisions of Sections 66473.5 and 66474.1
of the Subdivision Map Act.4.The City Council approves and authorizes the City Manager to execute the attached
Agreement for Completion of Public Improvements for Tract 54057-11 to construct the required public
improvements. 5. The City Council accepts the attached Faithful Performance Bond in the amount of$165,634,
and the attached Labor and Materials Bond for $82,817 for streets, sewers and water lines, and the Faithful
Performance Bond of $243,221 and Labor and Materials Bond for $121,610.50 for the construction of Lot G,
Pidgeview Park and portion of the Sierra Madre Trail, as guaranteed by Bond Safeguard Insurance Company.6. That
pursuant to Section 66436(a)(3)(A)(i-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 Gas Co., and accepts the map without the signatures of said
easement holders. 7. Approve Final Tract Map No. 54057-11, and 8. 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
dedications for streets and public parks purposes.
8. ANNUAL MATRIX SOFTWARE MAINTENANCE AND SUPPORT CONTRACT. RECOMMENDED
ACTION: 1. Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523
section C, using alternative purchasing procedures. 2. Approve the software maintenance and
support contract from Matrix Imaging, in the amount of $18,063.68.
9. AUTHORIZATION TO SOLICIT NOTICE INVITING BIDS — CITY HALL L.E.D. MARQUEE.
RECOMMEDED ACTION: Authorize staff to solicit Notice Inviting Bids for the City Hall L.E.D.
Marquee.
05/07/07 PAGE FOUR
10. AWARD OF CONTRACT - MEMORIAL PARK AIR CONDITIONING UNIT. RECOMMENDED
ACTION: Award the contract to Air-Ex Air Conditioning, Inc. of Pomona in an amount not to
exceed $119,515.00, to provide design and construction of a heating, ventilating and air
conditioning (HVAC) system at Memorial Park.
11. INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) - RESOLUTION
APPOINTING SPECIFIC REPRESENTATIVES TO ICRMA AND AN AMENDMENT TO
RESOLUTION. RECOMMEND ACTION: Adopt Resolution No. 07-C32, which designates its
representatives to the ICRMA Governing Board and the separate Risk Management Programs in
which the City participates; and directs that a certified copy of the Resolution be forwarded to
ICRMA's General Manager.
12. DESIGNATION OF A SURVEY AREA FOR THE PROPOSED AMENDMENT TO THE MERGED
CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROTECT AREA("MERGED
PROIECTAREA"). RECOMMENDED ACTION: Adopt the Resolution No.07-C33, designating a
Redevelopment Survey Area to enable the Redevelopment /agency to study certain territory
within the City for inclusion by Plan Amendment into the Merged Project Area.
13. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED
ACTION: Adopt Resolution No. 07-C34.
CONVENE AS THE REDEVELOPMENT AGENCY
E. AGENCY SCHEDULED ITEMS
1: AUTHORIZATION TO ENTER INTO AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE
CITY OF AZUSA REDEVELOPMENT AGENCY AND KENDREW DEVELOPMENT COMPANY, LLC
FOR THE AREA COMMONLY KNOWN AS THE NORTHEAST CORNER OF AZUSAAVENUE AND
ARROW HIGHWAY. RECOMMENDED ACTION: Authorize the Executive Director to enter into
the Exclusive Negotiation Agreement ("ENA") between the Redevelopment Agency of the City of
Azusa ("Agency") and Kendrew Development Company, LLC ("Kendrew") for the development
of the area commonly known as the northeast corner of Azusa Avenue and Arrow Highway
(Azusa/Arrow).
F. 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 SPECLU CALL /TEMS.
1...APPROVAL OF MINUTES OF THE REGULAR MEETING OF APRIL 16. 2007 AND THE SPECIAL
MEETING OF APRIL 23R°. 2007. RECOMMENDED ACTION. Approve Minutes as written.
05/07/07 PAGE FIVE
2. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED
ACTION: Adopt Resolution No. 07-Rl3.
G. ORDINANCES/SPECIAL RESOLUTIONS
1 . PROPOSED ORDINANCE REGARDING GARAGE, YARD AND PATIO SALES. RECOMMENDED
ACTION: Waive further reading and adopt Ordinance No. 07-05.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RESTATING
ARTICLE VIII OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE REGARDING GARAGE,YARD
AND PATIO SALES
H. ADIOURNMENi
1. Adjourn.
UPCOMING MEETINGS: May 10, 2007, Special Meeting - Council Orientation - 5:00 p.m.
May 17, 2007, City Council Meeting- 6:30 p.m.
May 17, 2007, Utility Board Meeting- following Council Meeting
May 29, 2007, Special Meeting- Budget Workshop
June 4, 2007, City Council Meeting- 6:30 p.m.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in a city meeting,please contact the City Clerk at 626-811-5129. Notification three
(3) workingdays prior to the meeting when specialseivices are needed willassist staffin assuring
that reasonable arrangements can be made to provide access to the meeting.
05/07/07 PAGE SIX
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AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 3s�
FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT
VIA: F.M. DELACH, CITY MANAGER
BY: ROY BRUCKNER, PROJECT MANAGER
DATE: MAY 7, 2007
SUBJECT: APPROVAL OF MONROVIA NURSERY GATES PRESERVATION PLAN
RECOMMENDATION
It is recommended by staff and the Cultural and Historic Preservation Commission that the City
'Council approve the Gate Preservation Plan with conditions of approval as stated in the Staff
Report.
BACKGROUND
As Council may be aware, the historic nature of the Monrovia Nursery Gates was recognized in the
approval process of the Monrovia Nursery Specific Plan and project. A condition of approval was
imposed to retain the gates, while accommodating needed street improvements. Condition No.
56 reads as follows:
56. GATE PRESERVATION
Prior to issuance of a grading permit, subdivider shall prepare a study to evaluate the
practicality of preserving the existing entry gate on Palm Drive in place. If preservation
conflicts with traffic safety, subdivider shall evaluate alternatives for relocation of said gate
in a manner meeting approval of the Community Development Director and Historical
Commission. Approval of said study satisfies Mitigation Measures CR2 of the project EIR."
The initial assessment of the gates and gate structures indicated that the gates would be able to
,be retained, and the street improvements were subsequently designed accordingly. The street
improvement plans for Palm Drive are consistent with the Specific Plan standards, showing
sidewalks, parkways, a center median, with 1 northbound and 1 southbound travel lanes, curbs
!and gutters. The travel lanes are 18 ft. wide. In designing the street improvement plans,
engineers determined, however, that a southbound right turn lane on Palm Drive will be necessary
-for westbound Foothill Blvd. traffic. While the majority of the gate structures and the gates would
remain intact, the provision for this right turn lane would result in a portion of the gate structures
i(only the buttresses) needing to removed (shown in Exhibit A).
i
1
The Historic Preservation Commission reviewed the plans and requested that the Developer
investigate the feasibility of preserving the wall buttresses of at least the center monument sign, by
revising the street improvement plans. Subsequent study by the design engineer, RBF, indicated
that there is inadequate width available to accommodate the needed traffic safety measures,
protecting the palm trees in place, and saving the entire center monument sign. The attached
letter summarizes the results of that study (Exhibit A). The City's designated City Engineer on this
project (Willdan) has concurred (see Exhibit B).
After discussion, the Historic Preservation Commission approved a motion to recommend to the
City Council approval of the Gate Preservation Plan, with the following conditions:
I. A second gate is to be constructed to replicate the existing, refurbished entrance gate, so
that there will be two gates that lead to the Rosedale Development from Foothill
Boulevard, one gate to be attached on the east entrance, and the other on the west exit.
2. Two plaques shall be fabricated and attached to the east and west wing walls of the
entrance/exit monument, commemorating the local history. The design of the plaques is
to be reviewed and approved by the Commission prior to fabrication and installation.
3. Lighting is to be installed to illuminate the existing, center Monrovia Nursery monument
sign and to illuminate the two separate plaques on the east and west entrance wing walls.
4. When the buttress walls are removed, the existing bricks shall be salvaged and stored at a
location to be determined by the Commission.
5. When the existing rock curbing is removed, it is to be salvaged and stored at a location to
be determined by the Commission; and
6. The Commission shall be notified prior to the removal of the,buttress wall.
In conclusion the proposed Gate Preservation Plan will preserve the majority of the gate structures
and the gates, while providing safe and efficient traffic movement. In addition, the recommended
conditions of approval from the Commission will add additional benefits to the community by
providing an enhanced entry statement to historic Palm Drive.
FISCAL IMPACT
The Monrovia Nursery gates and structures will eventually become part of the public right-of-way
of Palm Drive. Although the City will eventually maintain the Palm Drive improvements, these
maintenance costs were considered in the fiscal impact study approved with the original Monrovia
Nursery entitlements. The fiscal impact study indicated that new anticipated revenues generated
by the Rosedale project would pay for the maintenance costs of public streets, including Palm
Drive.
2
ALP
Azusa Land Partners, LLC
EXH i Pt T fI
March 8, 2007
Mr. Roy Bruckner, Project Manager A
Community Development Department .
P.O. Box 1395
Azusa, CA 91702-1395 I
Subject: Gate Preservation Plan for Palm Drive—Condition of Approval #56
Dear Roy:
This letter sets forth the final proposed design for the relocation and preservation of the entry
gate located on Palm Drive at Foothill Boulevard.
Condition of Approval #56 for Vesting Tentative.Tract Map No. 54057 reads:
Prior to issuance of a grading permit, subdivider,shall prepare a study to evaluate the
practicality of preserving the existing entry gate on Palm Drive in place. If preservatioA
conflicts with traffic safety, subdivider shall evaluate alternatives for relocation of said
gate in a manner meeting approval of the Community Development Director and
Historical Commission. Approval of said study satisfies mitigation Measure CR2 of the
project EIR.
Existing Gate
Figure I is a photograph of the main entry to the Monrovia Nursery from Foothill Boulevard at
.Palm Drive. Two two-way drives are located on either side of a median planted with palms. A
white-painted brick monument sign, approximately 18 feet wide and 15 feet high, with a Spanish
tile roof and the Monrovia Nursery logo on the south face is located in the median. Matching
white-painted brick monument walls are also located on the west side of the westerly driveway
and the east side of the easterly driveway. Four buttresses, approximately four to five feet wide
with sloping tops, are attached to narrow the entries.
A set of wooden gates is attached to the buttressed sections of the westerly drive. These gates,
shown,in Figures 2-6, are comprised of three sections, approximately seven feet tall and eight
feet across. The gates are constructed of a wooden frame and slats. The outer two sections have
"windows" with ornamental iron insets; the center section is solid. The gates are painted a brick
red tone and are. atiached to the buttress walls with heavy black iron brackets. The gates were
removed for safekeeping in 2005 and are currently stored at the offices of the Monrovia Nursery
Company.
19 Corporate Plaza Newport Beach, CA 92660 949.72 t.97 77 Telephone 949.729.1214 Facsimile
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F- CNIF�iT E>
Roy Bruckner - RE: Palm Dr Monument
From: "Elroy Kiepke" <EKiepke@WILLDAN.com>
To: 'Roy Bruckner" <rbruckner@ci.azusa.ca.us>, 'Bruce Coleman" <bcoleman@ci.azusa.ca.us>,
<bholman@plcland.com>, "Kelly Gillis" <KGILLIS@rbf.com>
Date: 4/9/2007 11:50 AM
Subject: RE: Palm Dr Monument
CC: 'Jeffrey Okamoto' <OKAMOTO@ rbf.com>
Roy, the south bound roadway widens out to 23 feet to permit better traffic operations. At Foothill you will
have both left and right turners. If you limit the roadway to 18 feet you are restricting the traffic to on lane as
most drivers will take the center of the pavement. Thus if a left turner is in Front no body behind can move. A
green light will allow the traffic to flow. With two lanes you will allow the left turns to clear when traffic on
Foothill allows. The 18-foot curb to curb will result in clear lane widths of less than 9 feet. This is too narrow in
all traffic engineering books. Traffic engineers will allow a left turn pocket to be as narrow as 10 feet, but with
curbs on both sides I would prefer that the lanes be at least 11 feet. The 23 feet provides two 11.5 foot lanes.
% 1
file://C:\Documents and S ettings\azusauser I\Local Settings\Temp\GW}00001.HTM 5/1/2007
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AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
VIA: F.M. DELACH, CITY MANAGER
BY: ROY BRUCKNER, PROJECT MANAGER
DATE: MAY 7, 2007
SUBJECT: APPROVAL OF REVISED PALM TREE PRESERVATION PLAN FOR PALM DRIVE
RECOMMENDATION
The Cultural and Historic Preservation Commission recommends that the City Council approve the
revised Palm Tree.Preservation Plan for Palm Drive with conditions of approval.
BACKGROUND
In order to allow for the construction of the street and utility improvements along Palm Drive, as
well as construction of the railroad bridges and related grading activities, 71 of the palm trees
along Palm Drive needed to be relocated temporarily to a stock pile trench. A Palm Tree
Preservation Plan was approved by the City last year. This approved Palm Tree Preservation Plan
provides for the following:
Currently Approved Palm Tree Preservation Plan
North of Rai/road Tracks
1. Of the 120 Washingtonia Filifera palm trees that existed, 90 were determined to be
suitable transplant candidates. Of these 90 trees, 71 trees were to be relocated as
follows: 15 trees along Monrovia PI., 46 trees replanted along Palm Drive, and 10 trees
in clusters along Ninth St. as a source for replacement trees if needed in the future.
Nineteen palm trees were to be eliminated for which there were no suitable sites.
2. Azusa Land Partners (ALP) began removal of the palm trees about a year ago, and
constructed a stockpile trench to which the transplantable trees were temporarily
relocated. Seventy-nine trees were transported to the stockpile trench.
South of Rai/road Tracks
Of the 95 existing Washingtonia Felifera palm trees, 2 were dead and 3 determined not
suitable for transplanting, leaving 90 trees to be situated as follows: 56 protected in place,
30 relocated along Palm Drive, and 4 relocated to Ninth St.
1
a
Recent Developments
It was recently found that the palm trees in the stockpile trench were over-watered, which caused
58 trees to perish. Poorly draining soil conditions contributed substantially to the demise of the
trees. A new stockpile trench has been created for the 21 surviving palm trees. This trench now
has inspection tubes to monitor subsurface water conditions, in order to avert similar problems in
the future.
Because a section of North Palm Drive was ready to receive transplanted trees, 9 of the 21
surviving trees were recently relocated from the stockpile trench to their final location along the
west side of Palm Dr. north of the railroad tracks. The remaining 12 were relocated to the new
stock pile trench for later transplantation until after the railroad bridges are constructed and street
improvements are completed.
In order to restore Palm Drive to its historic appearance to the greatest extent possible, a revision
to the Palm Tree Preservation Plan will be necessary to address the reduction in the number of
available trees. Azusa Land Partners has proposed such a plan, which was presented to the
Cultural and Historic Preservation Commission within the past month.
Proposed Revised Palm Tree Preservation Plan
The proposed revised plan is attached for Council's information. The attached table summarizes
the disposition of the trees under the previously-approved plan, compared with the disposition of
trees under the revised plan.
Briefly summarized, the essence of the revised Plan proposes to retain most of the palm trees as
shown in the approved plan, but proposes to plant new trees in the following locations:
1. Replace 15 palm trees along Monrovia Pl. with 10 20' tall Washingtonia Filiferas, and one
84" box Oak tree, as agreed-to by Dhammakaya and Monrovia Nursery.
2. Replace 12 palm trees at the roundabout intersection of Palm Dr. and Promenade with the
same (but younger and shorter) species of palm tree or a taller but different species of
palm tree. Another option is to plant Magnolias to match the landscape design of the
Promenade.
3. Replace 8 palm trees just south of the future railroad bridge with 8 of the same (but
younger and shorter) species of palm tree, or a taller different species of palm tree.
The Commission provided substantial input during its review of the Plan, and has made the
following recommended modifications to the submitted Palm Tree Preservation Plan:
1. The #20 tree is to remain in place.
2. The #3 tree and the.#97 tree are to be moved to an infill location in the section of Palm
Drive south of the railroad tracks.
3. The 8 replacement trees just south of the future railroad bridge, denoted in blue color on
the approved revised plan, are to be of generally uniform height at 15' to 20' feet; with a
maximum of 20' in height. (The Commission felt that, although the younger trees would
be shorter, their life expectancy would be substantially greater than older taller trees.)
4. Twelve of the previously stockpiled trees are to be planted in the section of Palm Drive
south of the railroad tracks, denoted in pink color on the approved revised plans. If 12
healthy stockpiled trees are not available at the time of planting, any healthy stockpiled
trees shall be planted closest to Foothill Boulevard to infill any missing/dead trees and any
new replacement trees shall be at least 40 feet tall;
2
5. The traffic roundabout north of the railroad tracks shall be planted with 12 new 20' tall
Washingtonia Filifera trees.
6. Stockpiled trees are to be monitored weekly by the City's Arborist.
7. The warranty period for the palm trees shall be 5 years. (The Commission agreed with the
City's consulting arborist that 5 years is a reasonable time period to ensure that the palm
trees are re-established in a healthy manner. ALP, however, has stated that their tree
subcontractor, Senna Tree Co., will only guarantee the palm trees for a maximum of 2
years, as long as they are in complete control of tree maintenance. This would be an issue
for.the Council to decide.)
In conclusion, the Revised Plan, with the implementation of the recommended conditions of
approval, would restore Palm Drive to as close to its historic character as possible, given the
circumstances.
FISCAL IMPACT
The palm trees along Palm Drive will eventually become part of the public right-of-way, to be
eventually maintained by the City. These maintenance costs were considered in the fiscal impact
study approved with the original Monrovia Nursery entitlements. The fiscal impact study indicated
that new anticipated revenues generated by the Rosedale project would pay for the maintenance
costs of the new public streets, including Palm Drive.
3
ROSEDALE PALM TREE PRESERVATION AND MAINTENANCE PLAN FOR WASHINGTONIA FILIFERA PALMS
REVISED APRIL 11,2007
Approved Palm Tree Replace ant Plan Moril 2006
North of Railroad South of Railroad Overall Comment
Inventom
Total Existing Palms W.filifera 120 95 215
Dead 3) 2 (5
Not suitable for transplanting27 3 30
Total suitable for transplanting 90 90 180
Dib csition
Protect in lace 0 56 56
Relocate along Palm Drive 46 30 76
Relocate along Monrovia Place 15 0 15 added to original plan atter north Palm Drive median eliminated per Fire Department
Relocate along Ninth Street 10 4 14 surplus Palms stock iled for future replacement if needed
Total 71 90 161
Total palms not replaced 19 0 19
Revised Palm Tree Re lacement Plan(Attril 2007
Invnto North of Railroad South of Railroad Overall Comment
Total Existing Palms(W.filifera) 120 95 215
Dead or disposed of 72 2 74
Not suitable for transplanting 27 2 29
Total suitable for transplanting 21 91 112
Disposition
Existing Replacem Existing Replacem Existing Replacem
Palms ant Subtotal Palms ant Subtotal Palms ant Total
Protect in lace 56 56 56 no change from original plan
Relocate existing W.filifera on north
Palm Drive 34 34 34 9 from stockpile+25 from south Palm
Replace 12 at Promenade/Palm
roundabout 121 12 12 12 replace with 12 Magnolias(48"box) W.robusta(40')or Phoenix dactylifera(20')
Relocate existing W.filifera on south
Palm Drive 8 B 8 8 relocate existing palm+/-5 feet
Relocate existing W.filifera on south
Palm Drive 14 14 14 relocate from stockpile
Replace 8 on south Palm Drive 88 8 replace with 20'W.filifera
Replace 10 at Dhammaka a 10 10 10 re lace with 20'W.filifera
Replace 1 at Vosbur House 1 1 1 1 replace with 84"Quercus a rifolia(oak) -
Relocate along Ninth Street 0 0 0 0 no Surplus W.filiferas available to stockpile
Total 34 23 57 78 6 86 112 31 143
Ke_1
c 56
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CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,APRIL 16,2007-6:30 P.M.
The City Council of the City of Azusa met in regular session at the above date and time In the
Azusa Auditorium.
CLOSED SESSION Closed Session
Mr. Jorge Rosales addressed Council regarding closed real property session items 801 E. J. Rosales
Alosta,voicing concern on whether or not the City receives a tax credit, and if APU is to own Comments
It, there will be no revenue; he asked what the City's Involvement was with the purchase and
with regard to 850 W. Tenth 5treet he asked if the City is selling It and noted that It Is
outside the Redevelopment area. Lastly, he questioned the issue with the property at 890 E.
Alosta asking what the City's Involvement was and stated that perhaps it was dealing with
Fennlmore Street.
The City Council recessed to Closed Session at 6:36 p.m. to discuss the following: Recess
Mayor Pro-Tem Hanks was absent.
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg
Property Address: 801 East Alosta Avenue,Azusa, CA 91702 801 E.Alosta
Negotiating Parties: Crestview Apartments
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Purchase - Housing Covenant
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec Conf w/Legal
54956.9(a)) Cnsl Sanchez
Case Name: Albert Sanchez v. City of Azusa
Case Number: Los Angeles County Superior Court Case No. KC019415
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg
Address: 850 W. Tenth Street,Azusa, CA 91702 850 W.Tenth
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg
Property Address: 1 10-190 West Ninth Street,Azusa, CA 91702 110-190 W.
Agency Negotiators: City Manager Delach and Assistant City Manager Person Ninth St
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec 54956.8) Real Prop Neg
Property Address: 812 North Azusa Avenue, Azusa, CA 91702 812 N.Azusa
Negotiating Parties: Mr. Cortez
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg
Property Address: 890 E.Alosta Avenue,Azusa, Foothill Shopping 890 E.Alosta
( Aping Center)
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
Y
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg
Property Address: 17525 E.Arrow Hwy (N/E corner Azusa and Arrow) 17525 E.Arrow
Negotiating Parties: Mr. William Allen 1751 1 E.Arrow
17511 E.Arrow Hwy—Mr. Fowler
Agency,Negotlators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
The City Council reconvened at 7:33 p.m. City Attorney Carvalho advised that there was no No Rpts
reportable action taken in Closed Session, but that all items were not discussed and will
continue the Closed Session at the end of the meeting.
7:33 P.M.- REGULAR MEETING OF THE CITY COUNCIL.
Mayor Rocha called the meeting to order. Call to Order
INVOCATION was given by Pastor Westbrooks of Faith Temple of God In Christ Church Invocation
Ms.Stephanie Mills led in the Flag salute. Flag Salute
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA
ABSENT: COUNCILMEMBERS: HANKS
It was noted that Mayor Pro-Tem Hanks was excused from the meeting. Hanks excused
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, Director of Recreation and Family Services Jacobs, Assistant Community -
Development Director Onaga, Director of Administrative Services/Chief Financial Officer
Kreimeler, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk
Toscano.
PUBLIC PARTICIPATION Pub Part
Ms. Madelyn Payne reminded all to attend Mystery at the Library event on Thursday, April M. Payne
19, 2007 at 6:00 p.m., the theme is Fashion, Friends and Fudge and the Mystery writers will Comments
talk about their books,gifts,silent auction and prizes.
Ms. Marty Villanueva invited all to attend the commemoration and candle light vigil of the M.Villanueva
Armenian Genocide Anniversary on Saturday, April 21, 2007 at 5:30 p.m. at the Azusa Comments
Auditorium. She advised that there will be traditional folk music, short video clips, and that
there is an exhibit at the Library plus free refreshments for all.
Ms. Barbara Dickerson announced that the adult school will be hosting a seminar on B. Dickerson
citizenship April 23, 2007, at 8:00 a.m., for additional Information, call the District Office. Comments
She also announced the following: There will be a fundraiser for the District offered Mariachi
music classes on May I I' at Azusa High to help support after the school program. A
student, Josh Wallace, an 8� grader at Foothill Middle school,grew his hair out and donated
it to Locks of Love Program, and the school raised over $700 for the cancer program.
Roseangela Carrion, an Azusa High school student, was named a Gate Scholar, There is a
Decathlon Team at Gladstone High school and Jonathan Carmona received a Gold Medal for
an essay,and Areo Rivera received a Silver and Bronze Medal for Math.
Ms. Louisa Miranda and Mr. Art Ramirez Invited all City staff and residents to a premier L.Miranda
showing of the Azusa Heritage Project which consists of oral and video Interviews of various A. Ramirez
people in the community who have distinguished themselves in the areas of business, civic Comments
service, music or sports, from the early 1900's to the 1950's, and showing of the project is
on Sunday, April 29, 2007, at the Azusa Senior Center at 740 N. Dalton, from 2-4 p.m.;
admission is free and refreshments will be served. The City was awarded a grant from the
California Counsel for Humanities and Southwest Oral History Association to conduct the
project. She acknowledged City Librarian Albert Tovar who sponsored the program. Mr.
Art Ramirez asked if the DVD could be shown on cable television after the event. Mayor
Rocha requested City Manger Delach to give them access to be placed on cable.
04/16/07 PAGE TWO
Mr.Mike Lee expressed his outrage on the Virginia Tech Shootings today,stating there is too M. Lee
much violence, and there should be security at every school. He presented the menu for Comments
Susie's Donuts a new business at Arrow and Cerritos. He talked about his dislike of language
on late utility bills, and asked all to pray for our soldiers.
Mr. Art Morales bid good evening to all and stated that there is a need to have some A.Morales
departments go back to a five day work week, and announced the Hazardous Waste Round Comments
Up at Northrop Grumman on April 28, 2007, from 9 a.m.-3 p.m. He suggested that more
meetings be televised such as the Azusa School Board Meetings.
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS STAFF Rpts/Updates
City Manager Delach announced the Downtown Development Trends and Opportunities City Mgr
meeting to be held on April 28, 2007, from 9 a.m. - 12 Noon, at the Azusa Senior Center Announcement
and refreshments will be served.
Moved by Councilmember Gonzales, seconded by Councllmember Macias and Request for
unanimously* carried to approve certificates of recognition to Azusa Pacific University Cert&Proc
students who conducted an Economic Development - Retail Stud In Azusa and a approved
proclamation for National Day of Prayer. -
Councilmember Gonzales requested an update on the Pavement Management Plan, Dls. re:
specifically Vernon Avenue south of the 210 Freeway. City Manager Delach responded Pavement
stating that it will be In the 5° year program which will be approved during budget time in Management
June. Councilmember Carrillo also addressed the issue stating that the street Is in 5` Year
horrendous shape; further, the County was doing work there and doesn't want to have to
redo the area. Director of Public Works/Assistant City Manager Makshanoff responded to
questions stating that the project does depend on the weather but they would begin as soon
as the budget is approved July 1". Councilmember Macias asked that the map of the
affected area be placed on the web:
Councilmember Gonzales announced Opening Day of the Pony League on Tuesday,April 17, Gonzales
2007, at Gladstone Park. He also announced the Hazardous Waste Round Up at Northrup Comments
Grumman, and for further information call:888-253-2652.
Councilmember Macias advised that he regrets he will not be attending the meeting on April Macias
28'"regarding the Downtown area as he will be out of town that day. He noted that one of Comments
the cameras In the auditorium is not working and reiterated the fact that there is a need
seriously look at the possibility of purchasing new cameras for the auditorium. He noted the
great time he had at the Santa Anita Race Track, with Helping Hand and Sister City clubs of
Azusa and thanked all who put the event together.
Mayor Joe Rocha requested that the meeting be adjourned in memory of Joe Delira. He Rocha
stated that earlier there was a dedication ceremony at the Breezeway and that there are Comments
reproductions of orange crates, done by students of Sierra High, Ms. Strictlands class and -
are hung on the south wall of IlForno. He announced the following: Saturday, April 21",
DABA Mariachi Festival - Citrus College 7:00 p.m., Armenian Dance and Discussion-Azusa
Auditorium at 5:30 p.m.; April 28'"AUSD Track Meet at APU football field-8:00 a.m., Teen
Advisory Committee - Azusa Library 11:00 a.m.; April 29`^ Cinco de Mayo - City Hall 12
noon; May 3`" National Day of Prayer - Christian Family Center 7:00 p.m; Tree planting-
Saturday April 21 -Memorial Park-8 a.m., and Hanging Banners -Azusa Avenue 10 a.m.
He expressed concern regarding the lack of sidewalks between Zn° and V on Angeleno;
status of the Gun Club cleanup and Meet and Greet events for City Cou:rcil. City Manager
Delach responded stating that Vulcan and Army Corp of Engineers own the Gun Club -
property and are working on the clean up. City Attorney Carvalho responded to Meet and
Greet meetings referring to sections of the Brown Act that help facilitate those types of
meeting, but warned that City Business should not take place; discussion was held regarding
types of meetings or socials that may be held. Mayor Rocha asked about the status of the
$3,300 Redevelopment funds, proceeds from License Agreement of property at Ranch
Center, and If it could be used for scholarships; City Manager Delach responded stating it
would be on the next agenda and also responded that there is a need to see if there is
sufficient public right of way with regard to sidewalk construction. Mayor Rocha announced
to all that the City Cafe on Azusa Avenue has an all you can eat buffet on Tuesdays from 4-7
p.m.
04/16/07 PAGE THREE
t SCHEDULED ITEMS Sched Items
Assistant City Manager Person addressed the item on the Implementation of ACCFCC
Recommendations by the ACCFCC regarding Temporary Signs, referring to Matrix which Recommenda-
included Current Code, Committee Recommendations, Staff Recommendations and tions
Comments. He stated that the issue of Attended Display Signs is being referred.to the City
Attorney as It may be protected by Constitutional Law and there is disparity as to what is
defined as a banner, pendant or a streamer and will come back with an answer; free
standing signs will also be given more definition. Although Mr. Person addressed each
Committee Recommendation individually, the following are Items which staff concurred with
or that were amended: 1. 88.70 Definitions: Terms for all described signs noted should
be defined in the Development Code's Glossary. 2. 88.38.035 Exemptions Sign Permit
Requirements. Temporary sign permit can be obtained from the Planning Division, address
to be Included. 3. 88.38.070 Standards for Specific Sign Types. Include and define free
standing signs and streamers. 4. 88.38.040 Prohibited Signs. City Attorney will come back
with a legal opinion prior to making a final recommendation. 5. 88.38.070 Standards for
Specific Sign Types. Dilapidated temporary signs shall be deemed a public nuisance by the
City and will be abated in compliance with AMC. Suspended temporary signs shall be at
least 8' 0" above walking surfaces and 16'0" minimum above driving surfaces. Temporary
wall or suspended signs shall not exceed 10% of the square foot surface. Temporary
window signs shall not exceed the maximum 20% coverage of the total window area,
Including any permanent window sus. Discussion was held regarding use of temporary
signs with a Temporary City Sim Permit, i.e. Grand Openings, and the recommendation to
split into two times during the initial year, etc. City Attorney Carvalho advised that It could
create enforcement issues and discussion was held. It was consensus that the permit fee be
adjusted to accommodate a thirty and sixty day periods. With regard to an addition of sixty
days added to each period and splitting that up into four sections of fifteen day periods, Le.
seasonal, staff was directed to come back with a strategy to enforce these Issues, If they are
going to have this type of standard. An Issue with the height of Flag poles will come back
for further consideration. It was consensus of Councilmember to direct the City Attorney to
incorporate the recommended changes to the City of Azusa Development Code at its next
scheduled revision as recommended by the Azusa Citizens' Committee for Code
Compliance. _
Mayor Rocha commented on the Development Code and proposed that the City create a Rocha
FAQ, Frequently Asked Questions, in order for residents to be able to get answers to marry Comment
of the general questions on the web site; he read a sample from the City of Baldwin Park Dev Code FAQ
web site.
PROPOSED ORDINANCE REGARDING GARAGE,YARD AND PATIO SALES. Garage Sales
Discussion was held between Councilmembers and staff and it was clarified tl,st estate sales Discussion
are going to be treated as garage sales and the proposed ordinance would be amended to
read the months of June, September, December, and Clean and Green month, as
announced.
Councilmember Carrillo offered an Ordinance,as amended, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RESTATING 1"Rdg Ord
ARTICLE VIII OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE REGARDING GARAGE, Garage,Yard
YARD AND PATIO SALES. Patio sales
Moved by Councilmember Carrillo, seconded by Councllmember Macias and unanimously*
carried to introduce the proposed ordinance.
Mayor Rocha requested that staff initiate a well coordinated communication of the change Rocha
of the Garage,Yard and Patio Sales Ordinance. Comment
The CONSENT CALENDAR consisting of Items D-1 through D-6 was approved by motion of Consent Cal
Councilmember Macias, seconded by Councilmember Gonzales and unanimously* carried Approved
with the exception of items D-1 and D-4, which were considered under the Special Call
portion of the Agenda.
1. SPECIAL CALL ITEM. Spec Call
04/16/07 PAGE FOUR
2. Human Resources Action Items were approved as follows:
Merit Increase and/or Regular Appointment: C. Curie], R. Zuniga, S. Bowman, and E. HR Action
Sanchez. Items
New Appointments: R. Dominguez and S. Richardson.
Separations: M.Scott,Asst. Director Public Works/City Engineer,
K.McMath,Community Service Officer-Field
J. Hinojos, Line Mechanic
3. The Notice of Completion for Community Development Block Grant (CDBG) Project
#600778-05,Steel Shelter-Memorial Park was accepted as complete and authorization NOC CDBG
was give to file the same with the Los Angeles County Recorder. Shelter Mem
4. SPECIAL CALL ITEM. Park
5. Approval was given to reappoint Mayor Joseph Rocha to the Board of Directors of LA Spec Call
Works. J. Rocha
6. The following resolution was adopted and entitled: LA Works Brd
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Res. 07-C 25
ARE TO BE PAID. Warrants
SPECIAL CALL ITEMS
Councilmember Macias addressed the minutes of the meeting of April 2, 2007, noting that Special Call
the Graffiti Hot Line telephone number is Incorrect; it was corrected to read: (626) 812- Macias
5200 ext. 5489. Comment
Moved by Councilmember Macias, seconded by Councilmember Gonzales, and
unanimously* carried that the minutes of the regular meeting of April 2, 2007, as amended, Min appvd
and the adjourned meeting of March 26, 2007, be approved as written.
Councilmember Macias addressed Planning Services agreement with Willdan and asked how
long the agreement would be for. Economic Development Director Coleman responded Ping Svs
stating that it would be for the remainder of the fiscal year and the process for hiring full Wllldan
time Associate Planner is underway, applications are due today, and It is an ongoing
process.
Moved by Councilmember Macias, seconded by Councilmember Gonzales, and
unanimously* carried that the contract for temporary consultant Planning Services with Approved
Willdan be approved and the City Manager be authorized to enter Into the agreement.
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:13
P.M.TO CONSIDER THE FOLLOWING: Convene jntly
NOTICE OF COMPLETION FOR CIP PROJECT#D97049/D60654 PEDESTRIAN BREEZEWAY. w/Cra
NOC CIP Prof
Moved by Councilmember/Director Carrillo, seconded by Councilmember/Director Macias
and unanimously* carried to accept the Pedestrian Breezeway Improvements as complete Pedestrian
and authorize staff to file Notice of Completion with the.Los Angeles County Recorder. Breezeway
NOC appvd
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:14 P.M.
THE CITY COUNCIL RECONVENED AT 9:15 P.M. CRA convene
City Manager announced that there would be a Special Meeting on Thursday,April 19, 2007 Cncl reconvene
at 5 p.m. at the Azusa Police Department in order to conduct a Closed Session on City City Mgr
Manager Evaluation and Work Plan. Comments
Moved by Councilmember Macias seconded by Mayor Pro-Tem Hanks and unanimously
carried to recess to Closed Session to discuss the following: Closed Sess
04/16/07 PAGE FIVE
CLOSED SESSION
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81
Property Address: 801 East Alosta Avenue,Azusa, CA 91702 Real Prop Neg
Negotiating Parties: Crestview Apartments 801 E.Alosta
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of Purchase- Housing Covenant
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Confw/Legal
54956.9(a)) - Cnsl Sanchez
Case Name: Albert Sanchez v. City of Azusa
Case Number: Los Angeles County Superior Court Case No. KC019415
REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8)
Address: 850 W. Tenth Street, Azusa, CA 91702 Real Prop Neg
Agency Negotiators: City Manager Delach and Assistant City Manager Person 850 W.Tenth
Under Negotiation: Price and Terms of Payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg
Property Address: 1 10-190 West Ninth Street,Azusa, CA 91702 110-190 W.
Agency Negotiators: City Manager Delach and Assistant City Manager Person Ninth St
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81
Property Address: 812 North Azusa Avenue,Azusa, CA 91702 Real Prop Neg
Negotiating Parties: Mr. Cortez 812 N.Azusa
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 890 E.Alosta Avenue,Azusa, (Foothill Shopping Center) Real Prop Neg
890 E.Alosta
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property Address: 17525 E.Arrow Hwy (N/E corner Azusa and Arrow) Real Prop Neg
Negotiating Parties: Mr.William Allen 17525 E.Arrow
17511 E.Arrow Hwy-Mr. Fowler- • 17511 E.Arrow
Agency Negotiators: City Manager Delach and Assistant City Manager Person
Under Negotiation: Price and Terms of payment
The City Council recessed at 9:15 p.m. and reconvened at 10:42 p.m. C'ty Attorney
Carvalho advised that there was no reportable action taken in Closed Session Reconvened
No Reports
UPCOMING MEETINGS: 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.
It was consensus of the Councilmembers to adjourn.
Adjourn
TIME OF ADJOURNMENT: 10:43 P.M.
CITY CLERK
NEXT RESOLUTION NO. 2007-C26.
NEXT ORDINANCE NO.2007-05.
• Indlcates Hanks absent
04/16/07 PAGE SIX
U. u•
CM[,FORr�P
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
SPECIAL MEETING
THURSDAY,APRIL 19,2007-5:08 P.M.
The City Council of the City of Azusa met in adjourned session at the above date and time in
the Azusa Police Department EOC, located at 725 N.Alameda Avenue,Azusa.
Mayor Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: ,.
Also Present
City Manager Delach.
PUBLIC PARTICIPATION
Mr.Jorge Rosales addressed Council expressing his concern regarding the Work Plan. Pub Part
CLOSED SESSION
Closed Sess
It was consensus of Council to recess to Closed Session to discuss the following;
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec 549571 City Manger
Title: City Manager-Work Plan Performance
Evaluation
The City Council recessed at 5:10 p.m.and reconvened at 9:14 p.m. There was no reportable No Rpts
action taken in Closed Session.
(The City Council took a break from 6:00 p.m. through 6:30 p.m.) Break
It was consensus of Councilmembers to adjourn. Adjourn
TIME ADJOURNMENT: 9:15 P.M.
CITY CLERK
NEXT RESOLUTION NO.07-C26.
t Uy OF�N
. . . CptlpORr�P
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
SPECIAL MEETING -
MONDAY,APRIL 23,2007—8:40 P.M.
The City Council and the Redevelopment Agency Board Members of the City of Azusa met in
adjourned session at the above date and time In the Azusa Light and Water Conference Room,
located at 729 N.Azusa Avenue,Azusa.
Mayor/Chairman Rocha called the meeting to order. Call to Order
ROLL CALL - Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Manager/Executive Director Delach,Assistant City Manager/Assistant Executive Director
Person, Economic Development Director Coleman, Tierra West Consultants Jose Ometeotl,
and Mike Garcia,Secretary/City Clerk Mendoza,Deputy Secretary/Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
None. None
CITY COUNCIL AGENDA ITEM Agenda Item
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Requests for
carried that the request for certificates of recognition for Jousce Gonzalez, 1 1 year old who Certificates
won the 2007 Junior Olympics and Danny Martinez, 22 year old who won all three of his &Proc approved
boning matches in Tahiti and request for proclamation for Jesus Is Lord Church in honor of its
13° Anniversary, be approved.
REDEVELOPMENT AGENCY AGENDA ITEM Redev item
Redevelopment Plan Amendment Workshop. Economic Development Director Coleman Redevelopment
addressed the issue stating that the 2007 Redevelopment Plan Amendment will Include adding Plan Amend
territory to the redevelopment project area and increasing the tax Increment cap; that the Workshop
process has begun as follows: on February 28' the Planning Commission approved the
Preliminary Plan as well as the Agency Board on March 5" and they are beginning the
Environmental Impact Report and receiving comments from outside agencies.
Mr.Mike Garcia of Tierra West addressed the issue presenting the proposed Plan Amendment M. Garcia
and the Community Guide to Redevelopment. He detailed the history of redevelopment which Tierra West
was set up by law in 1945 to allow cities or counties to create redevelopment agencies.
Redevelopment encourages new development, creates Jobs and generates tax revenues in
declining urbanized areas by developing partnerships between local governments and private
entities. There are over 400 California cities and counties which have adopted redevelopment
agencies. In 1979 the Health and Safety Code was amended to set aside 20%for Low and
Mode Housing purposes. He stated that the money used to redevelop is obtained through tax
increment revenue,which Is generated as property tax revenue increases in that project area.
The document adopted by ordinance for the redevelopment project is the Redevelopment Plan
which outlines the powers and authority that the Redevelopment Agency has for operating
within that redevelopment area; it gets owner participation rights,methods of relocation and
prescribes what can occur within the area. The tax increment revenue is the main source of
financing that can be utilized when undertaking the redevelopment projects.
Mr. Garcia talked about bond financing to generate money,called debt financing. He talked Garcia
about how tax increment financing works,how it is shared with other taxing agencies,how to Continued
incur debt, and that tax increment can only be used for necessary revitalization projects; he
noted some uses and benefits. He stated that Azusa's Redevelopment Agency was
established in 1973;the Central Business District was established in 1978 and west End was
established in 1983 and the two projects were merged in 1988 which allows the Agency to
share tax Increments from one project to another. He presented the Redevelopment Plan
Amendment process stating that the properties at 9`"and Pasadena are blighted and should be
Included in the project area;city/agency owned properties on Dalton Avenue and property at
Paramount and Azusa are being considered to be included, which amount to 26 properties.
The tax Increment cap needs to be examined as it is approximately 114 million dollars;to date
they have collected 32 million dollars and they have close to 500 million dollars in projects at
this time; there is a need to increase the cap. He noted that staff spoke to the County
regarding the request to increase the cap. He also noted that It will not be used in residential
areas. He displayed maps of the proposed project areas and provided an update on
legislative actions that have taken place during the last year.
Mr. Garcia advised that the following actions will take place during the next few months: Garcia
Senate BIII 53 Amendment will be coming for consideration in May,should be adopted by July Continued
1" Preliminary Report will outline all the physical and economic blight found in the added and
merged project area to allow the addition of territory,look at increasing the tax increment cap
and the draft redevelopment plan will come shortly after. He stated that since there are no
residential units within the added areas that have low to mod income there is no need for a
project area committee, but they will continue community information outreach efforts.
Discussion was held regarding outside agency board appointments and suggestions weregiven Discussion
to the City Clerk for formal appointments at a future meeting. Brd Appts
CouncilmembersBoard Members suggested that the second Council meeting In August be 2n°MIS August
cancelled as well as the Utility Board meeting for that month in order to allow for vacations Cancelled
and that the Utility board meeting could be held in conjunction with the first meeting in August
Council meeting.
City Manager/Executive Director Delach presented tentative dates for Council Orientation and City Mgr
City Tour as follows: May 34, 4' and 51° and asked Council to let him know of their Orientation
availability.
Moved by Councilmember/Director Carrillo,seconded by Councilmember/Director Hanks and Adjourn
unanimously carried to adjourn.
TIME ADJOURNMENT:9:28 P.M.
CITY CLERK
NEXT RESOLUTION NO.07-C28 (Council)
NEXT RESOLUTION NO. 07-R13 (Agency)
04/23/07 PAGE TWO
pF.`
(P xr
U �
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CATHY HANSON, DIRECTOR OF�HUMAN RESOURCES/PERSONNEL OFFICER
VIA: F.M. DELACH, CITY MANAGER
DATE: MAY 7, 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 April 24, 2007, the Personnel Board confirmed the following Department Head recommendation regarding
the following Personnel Action requests.
A MERIT INCREASE AND/OR REGULAR APPOINTMENT
eUEPARTMENT- NAMES 'CIASSI1ICAilON :ACTION/EFF ;RANGFJSTEP .txx x
-DATES .BASE`MO SALARY > ..s
Public Works Richard Gardea, Jr. Street Maintenance Worker III Merit Inc 4174/5
3-24-07 $4,409.89
B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant
to the Rules of The Civil Service System.
DEPARTMENTS NAME' # CLASSIFICATION " ' ` EFFECTIVE DAT> 3AANGE/STEP r
' > a t'L4 LAS '.. $ ^5 s. to
W E R _ ^ < . BASE 1Y10. SALARY ` .d.
Finance Joan Aguilar Controller Pending phy & 3500/3
fingerprints $8,036.00
Utilities Gilbert Espinosa Customer Service Rep 1 Pending phy & 5154/1
fin er rints $2,940.82
C. PROMOTION - The following promotion(s) have been requested by the department head and are being
made in accordance with the Uyof Azusa Rules of the C'vil Service S stem
RTMENt&NAME XRONIUTION � EFFECTIVE
=DEPA 'RAIVGE/STEP � a ?
m Y...
L. J'FROM/TO .s '! .,`. `a.`' -'_x` :DATE •�r� BASE.MO---SALARY-'.
Police Matthew Hendricks Police Officer Trainee to 4-21-07 6101/1
Police Officer $4,908.94
D. SEPARATION The followin se arations are submitted for informational Pur oses.
xDEPART NIENT - ,CLASSIFICATION ' EFFECTIVE DATE '
_ ;NAMES'_ k,
Utilities Daniel Prado Water Distribution Worker 1 3-22-07
.. _. _._. .. _.._. ._--------- ....._-
b
.•�Llf'OSi�Y
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F. M. DELACH, CITY MANAGER �j
DATE: MAY 7, 2007 /'
SUBJECT: PURCHASE OF ONE 2008 FORD F250 CREW CAB PICK-UP TRUCK
FROM CLIPPINGER FORD IN AN AMOUNT NOT TO EXCEED
$24,970.58.
RECOMMENDATION
It is recommended that the City Council approve the purchase of one 2008
Ford F250 Crew Cab Pick-up Truck from Clippinger Ford, 137 W. San
Bernardino Road, Covina, CA in an amount not to exceed $24,970.58.
BACKGROUND
Each year the Azusa Police Department budgets to replace high mileage and/or
antiquated patrol/traffic vehicles. This fleet rotation provides safe, reliable and
up-to-date equipment for patrol/traffic officers and other public safety
personnel. Not only do these high mileage vehicles become expensive to
` maintain, but compromise officer and public safety. The new truck will replace
two existing traffic trucks. The trucks being replaced are a 1997 Ford F150 Pick-
up with 116,606 miles and a 1992 GMC IATon Pick-up with 30,950 miles.
These trucks are beyond their warranties, have high maintenance costs and are
in need of retirement from patrol/traffic deployment.
The 2008 Ford F250 Crew Cab Pick-up truck will be used for Commercial
Vehicle/Truck enforcement, towing the D.U.I. and radar traffic trailers, and as an
investigative vehicle for major traffic incidents including, but not limited to,
fatalities and serious injury traffic collisions.
Competitive bids were solicited from three (3) vendors listed below. The bid
from Clippinger Ford is the lowest and most responsive bid.
Clippinger Fleet Sales: $24,970.58
Fairway Ford: $31 ,663.92
Mc Coy Mills Ford: $32,724.48
FISCAL IMPACT
The truck purchase is budgeted under the Equipment Replacement Fund
account #46-20-310-000-7135.
Prepared by,
John F. Momot, Lieutenant
VIII
i
U N
f�
f'�Lrl'oRt`,a .
KiNg
mat-
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGERP,
DATE: MAY 7, 2007
SUBJECT: SEVEN (7) DAY A WEEK HELICOPTER AGREEMENT
RECOMMENDATION
It is recommended that the City Council approve the Seven (7) Day Helicopter
Agreement between the City of Azusa and the City of EI Monte.
BACKGROUND
In 1999 the City of Azusa joined with six other San Gabriel Valley cities to contract
with the City of Pasadena for police helicopter service. The group formed the Foothill
Air Support Team (FAST). FAST was based at the Pasadena Police Heliport and
provided police helicopter service on Friday and Saturday. The cost for two day
service during F/Y 2006/2007 was $29,810.
In October 2006 the City of EI Monte proposed to the City of Azusa seven (7) day
service during F/Y 2007/2008 for $37,500.
The agreement between the City of Azusa and City of EI Monte provides seven day
helicopter service and replaces the current FAST helicopter service which provided
two days a week service and expires June 30, 2006.
1
FISCAL IMPACT
The $37,500 cost for thetelicopter service as described in the attached agreement is
part of the F/Y 2007/2008 Public Safety Operating budget using COPS Grant Account
No. 26-20-310-000-6493.
Prepared by:
Captain Gene Street
2
CA Agmt No. 06PS080
SEVEN (7) DAY WEEK
HELICOPTER AGREEMENT
This Helicopter Agreement (hereinafter "Agreement") is made and entered this 7 1 day of
May, 2007, by and between the City of El Monte, a municipal corporation ("El Monte") and the
City of Azusa, a municipal corporation ("Azusa"). All parties are at times referred to collectively
as, "Parties" and individually as "Party"herein.
RECITALS
WHEREAS, the cities of El Monte and Azusa are located in the County of Los Angeles,
State of California; and
WHEREAS, both El Monte and Azusa have and maintain their own police departments;
and
WHEREAS, over the years El Monte and Azusa have cooperated on policing matters and
desire to continue to do so in the manner and time described in this Agreement; and
WHEREAS, El Monte is the owner of two R-44 Police Equipped Helicopters, Serial No.
331 and Serial No. 1060 ( hereinafter "Helicopters") and El Monte operates a Helicopter
Program in contract with other Municipal Police Departments; and
WHEREAS, El Monte has placed the Helicopters in use as a part of its policing function;
and
WHEREAS, Azusa now desires to utilize the El Monte Helicopter Program in aiding its
policing function; and
WHEREAS, the Parties have agreed they will participate in a Helicopter Program to
provide assistance to the contracted Police Departments (hereinafter "Cities" or "Agencies"),
subject to the terms and conditions of this Agreement; and
WHEREAS, the legislative bodies of each of the cities has heretofore determined that the
public interest, convenience and necessity require the execution and the implementation of this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants
and consideration contained herein, the parties agree as follows:
Section 1. Incorporation of Recitals. The Parties acknowledge that the above recitals are
true and correct and incorporate those recitals by reference into this agreement as follows:
Section 2. Obligations of El Monte. El Monte agrees to make available the Helicopters to
Azusa td( use in its policing functions. In addition, El Monte shall provide full-time police
i
CA Agmt No. 06PS080
officers (hereinafter "El Monte Pilots") to pilot the Helicopters and full time observers for the
first year of the contract. El Monte shall be responsible for payment of all of the El Monte Pilots'
and observer wages and benefits as employees of El Monte, and shall comply with all
requirements pertaining to employer's liability, worker's compensation, unemployment,
insurance, and social security. It is understood that Azusa will not participate with an observer in
the first year of the contract but Azusa will participate in the second and subsequent years.
EI Monte shall procure and maintain at all times during the Initial Term or any Renewal
Term of this Agreement all appropriate liability insurance coverage on the Helicopter to which
El Monte will deliver to Azusa a certificate of insurance evidencing such insurance coverage
upon demand. All applicable insurance policies shall name Azusa as an additional insured. The
Parties agree that Azusa's failure to issue a written objection to the certificate of insurance within
ten (10) days from its receipt by Azusa shall be interpreted to mean that Azusa is satisfied as to
the adequacy of the insurance coverage procured and maintained by El Monte and accepts the
coverage of El Monte in full. Further, El Monte shall be responsible for all maintenance or
repairs to the Helicopters.
Section 3. Obligations of Azusa. Azusa shall pay El Monte for the use of the Helicopters
pursuant to the terms of this Agreement.
Section 4. Reciprocal Indemnification and Hold Harmless Provisions. El Monte agrees to
indemnify and hold harmless Azusa, its elected and appointed officers, employees and agents
from and against any damage or injury to persons, including death, and /or property damage due
to the negligence or willful acts by El Monte, their elected and appointed officers, employees and
agents in performing its duties and obligations, pursuant to this Agreement. Any claim for
indemnification must be submitted in writing to the person set forth for notice contained in this
Agreement.
Azusa agrees to indemnify and hold harmless the El Monte and its other contract cities,
its elected and appointed officers, employees and agents from and against any damage or injury
to persons, including death, and/or property damage due to the negligence or willful acts by
Azusa, their elected and appointed officers, employees and agents in performing its duties and
obligations, pursuant to this Agreement. Any claim for indemnification must be submitted in
writing to the person set forth for notice contained in this Agreement.
Section 5. Mission. The mission of the Helicopter Program established by this Agreement
shall be to provide police air support services for the Police Department of Azusa and such other
Cities as may participate in the Helicopter Program. Such services shall include, but is not
limited to, response to emergency calls for surveillance relating to in-progress felonies, crimes
against persons, vehicle pursuits and similar activities.
The Helicopter Program will be based upon a planned seven (7) day availability per week
basis in accordance to the programs monthly flight schedule. When operations are cancelled due
to weather, maintenance or any other matter causing cancellation, the personnel of the parties
will be reassigned to their respective police departments for deployment.
2'
I. y
CA Agmt No. 06PS080
In such occasions where there is a request or need for air support from more than one (1)
city, the mission of the Helicopter Program shall be to provide air support to the city with the
highest priority (nature) of call. Said determination as to which agency shall receive air support
shall lie within the sole discretion of the Tactical Flight Officer and/or Pilot in Command. If air
support cannot be provided by El Monte to Azusa for "priority call," El Monte shall attempt to
secure air support from another agency at no additional cost or liability to Azusa.
Section 6. Costs. Azusa shall pay to El Monte for its proportionate share of the costs to
use the Helicopters the maximum of sum of Thirty-Seven Thousand Five Hundred Dollars
($37,500.00) per year payable in a single payment from Azusa grant funds which are received in
November of each year.
Section 7. Non-Liability of Official or Employee of Azusa. No official or employee of
Azusa shall be personally liable to El Monte in the event of any default or breach by Azusa for
any amount of monies which may become due to El Monte under this section.
Section 8. Tenn. The term of this Agreement shall be for a period of five (5) years from
the effective date hereof (hereinafter "Initial Term"). The yearly cost increase will not exceed
5%per year.
Section 9. Termination. At any time during the Initial Term or any Renewal Term of this
Agreement, either Party hereto shall have the right to terminate this Agreement, with or without
cause, upon thirty (30) days written notice to the other Party. The effective date of such
termination shall be the thirty-first (3l') day following the date of the notice of termination.
Azusa shall pay El Monte any costs which would otherwise be payable to El Monte for
utilization of the Helicopters, which have accrued up and including the last day of service of the
Helicopter. In the event Azusa elects to terminate the contract, El Monte will reimburse Azusa
for the remaining months of the contract.
Section 10. Notices. Whenever notices are required to be given pursuant to the provisions
of this Agreement, the same,shall be given in writing, served upon the Party at the address and
recipient designated below and conclusively deemed served when delivered personally or on the
third business day after the deposit thereof in the United States Mail, postage prepaid.
All notices, demands, requests or approval hereunder shall be given to the following
addresses or such other addresses as the Parties may � Y designate b written notice:
EL MONTE: City of El Monte
11333 Valley Boulevard
El Monte, California 91731
Attn: City Manager
3
CA Agmt No. 06PS080
AZUSA: City of Azusa
213 East Foothill Boulevard
Azusa, Calif. 91702
Attn: Police Chief
Section 11. Compliance with Laws: In administering the Helicopter Program, the Parties
agree at all times to observe and comply with all applicable laws, ordinances, codes and
regulations of the federal government of the United States of America, the State of California
and the cities of El Monte and Azusa.
Section 12. Binding Effect. The provisions of this Agreement shall be binding upon the
Parties hereto and their respective successors in interest.
Section 13. Section Headings. The section headings contained in this Agreement are for
convenience and identification only and shall not be deemed to limit or define the contents of the
sections to which they relate.
Section 14. No Presumption Regarding Drafter. The Parties acknowledge and agree that
the terms and provisions of this Agreement have been negotiated and discussed between the
Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the
same. Because of the nature of such negotiations and discussions, it would be inappropriate to
deem any Party to be the drafter of this Agreement, and therefore no presumption for or against
validity or as to any interpretation hereof, based upon the identity of the drafter shall be
applicable in interpreting or enforcing this Agreement.
Section 15. Assistance of Counsel. Authority to Execute. Each Party to this Agreement
agrees and acknowledges to the other Party that (1) that each Party either had the assistance of
counsel in the negotiation for, and execution of, this Agreement, and all related documents; and
(2) That each Party has lawfully authorized the execution of this Agreement.
Section 16. Dispute Resolution. Disputes regarding the interpretation or application of
any provision of this Agreement shall, to the extent feasible, be resolved through good faith
negotiations between the Parties. If any action at law or equity is required to enforce or interpret
the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an
award of reasonable attorney's fees in addition to any other relief to which it may be entitled.
Section 17. Attorney's Fees. If any legal action, or any arbitration or other proceedings is
initiated for the enforcement of the Agreement or because of any alleged dispute, breach, default
or misrepresentation in connection with any of the provisions of the Agreement, the successful or
prevailing party shall be entitled to recover reasonable attorney's fees, witness fees, and other
costs incurred in that action or proceeding, in addition to any other relief which it may be
entitled.
Section 18. Arbitration. Except as otherwise expressly provided herein, the parties hereto
agree that any claim or dispute between them, arising out of or relating to the terms of this
4
CA Agmt No. 06PS080
Agreement, shall be resolved by arbitration in accordance with California Code of Civil
Procedure Section 1280, et al.
Section 19. Severability. This Agreement shall not be deemed severable. If any provision
or part hereof is judicially declared invalid, this Agreement shall be void and of no further effect.
Section 20. Governing Law. This Agreement shall be interpreted and construed
according to the laws of the State of California and venue shall be in the County of Los Angeles,
State of California.
Section 21. Waiver. Waiver by any Party of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
Section 22. Modification. This Agreement contains the entire understanding between the
Parties. Any prior agreements, promises, negotiations or representations not expressly scat forth
herein are of no force or effect. Subsequent modifications to this Agreement shall be effective
only if in writing and signed by each Party.
Section 23. Effective Date. Unless otherwise specified herein, this Agreement shall
become effective as of the date both Parties execute this Agreement.
Section 24. Supersedes All Prior Agreements This Agreement shall supersede all
previous agreements written and approved prior to the effective date of this agreement.
[SIGNATURES ON NEXT PAGE]
5
CA Agmt No.06PS080
CITY OF EL MONTE
Date: & '..26) - 6 7 e<70‘titlzp
Ernest G. utierrez
Mayor of the City of El Monte
ATTEST: APPROVED AS TO FORM:
211:14(
M\AAJ
L ene Gutierrez, E. Clarke Moseley
City Clerk of the City of El Monte El Monte City Attorney
CITY OF AZUSA
Date: May 7, 2007W.�5?
Joseph . Rocha
Mayor of the City of Azusa
ATTEST: APPROVED AS TO FORM:
��► / , lam- ., �� , I 04,EL,am-----
Vera Mendoza City Attorney for the City of Azusa
City Clerk of the City of Azusa
6
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: VERA MENDOZA, CIN CLERK
VIA: F. M. DELACH, CITY MANAGER� 0
DATE: MAY 7, 2007 l/J,��
SUBJECT: CITY COUNCIL ASSIGNMENTS TO OUTSIDE AGENCIES BOARDS AND
COMMISSIONS
RECOMMENDATION:
It is recommended that the City Council approve the assignments as listed; waive further reading
and adopt resolutions reflecting the same.
BACKGROUND:
There are several outside agency Boards and Committees that require representation from local
cities throughout Los Angeles County. Following is a list of Boards and Committees with
recommended Council representatives:
Azusa Agricultural Water Company— Keith Hanks as Representative, and Robert Gonzales as Alternate/
Board of Directors, L.A_ County Division League of California Cities - Angel Carrillo as Representative, and
Joseph Rocha as Alternate
City Selection Committee—Joseph R. Rocha
Foothill Transit Zone— Keith Hanks as Representative, and Uriel Macias as Alternate
Gold Line 11 Joint Powers Authority— Uriel Macias as Representative and Angel Carrillo as Alternate
Los Angeles County Sanitation District#22—Joseph R. Rocha as Representative and Keith Hanks as Alternate
L.A. Works—Joseph R. Rocha as Representative and Robert Gonzales as Alternate
San Gabriel Valley Council of Governments —Angel Carrillo as Representative and Uriel Macias as Alternate
San Gabriel Valley Humane Society Joint Powers Authority — Robert Gonzales, Representative
San Gabriel Valley Mosquito&Vector Control District—Joseph R. Rocha (reappointed 10/02/06—4 year term)
Robert Gonzales, Alternate.
FISCAL IMPACT:
None.
Prepared by C. Toscano, Assistant City Clerk
Attachments: Proposed Resolutions approving appointments to Boards and Committees that
require them.
2
z
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA APPOINTING A CITY OF AZUSA MEMBER
TO THE CITY SELECTION COMMITTEE
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa hereby appoints MAYOR
JOSEPH R. ROCHA, as the City of Azusa Member of City Selection Committee;
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
transmit a certified copy thereof to the Secretary of the City Selection Committee.
PASSED, APPROVED AND ADOPTED this 7`" day of May, 2007.
MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of Azusa, at a regular meeting thereof, held on the 7`" May, 2007, by
the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, APPOINTING REPRESENTATIVE
AND ALTERNATE REPRESENTATIVE TO THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, Pursuant to its adoption of a Joint Powers Agreement
creating a San Gabriel Valley Council of Governments, on March 21 , 1994, Resolution No.
94-C46, the City Council of the City of Azusa designates two members from its body as
representative and alternate representative to the San Gabriel Valley Council of
Governments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Azusa, hereby designates Angel Carrillo as its representative, and Uriel Macias
as its alternate representative, to the San Gabriel Valley Counci! of Governments.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2007.
MAYOR
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by
the City council of the City of Azusa at a regular meeting thereof held on the 7' day of
May, 2007, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CIN
OF AZUSA DESIGNATING A DIRECTOR AND AN
ALTERNATE OF THE BOARD OF DIRECTORS OF THE
LEAGUE OF CALIFORNIA CITIES
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS:
SECTION 1. Angel Carrillo, a member of the City Council of the City of Azusa, is
hereby selected as the Director to serve on the Board of Directors of the Los Angeles Division
of the League of California Cities.
SECTION 2. Joseph R. Rocha, a member of the City Council of the City of Azusa, is
hereby selected as the alternate, to serve on the Board of Directors of the Los Angeles County
Division of the League of California Cities.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
transmit a certified copy thereof to the Los Angeles County Division of the League of California
Cities.
ADOPTED AND APPROVED this 7h day of May, 2007.
MAYOR
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of
the City of Azusa, at a regular meeting thereof, held on the 7' day of May, 2007, by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DESIGNATING AN ALTERNATE MEMBER
OF THE DISTRICT GOVERNING BOARD OF
COUNTY SANITATION DISTRICT NO. 22.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS:
SECTION 1. KEITH HANKS, a member of the City Council of the City of Azusa,
is hereby selected as the Alternate Member of the District Governing Board of County
Sanitation District No. 22, in place of the Mayor, JOSEPH R. ROCHA, during his absence,
inability or refusal to act.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
transmit a copy thereof to the County Sanitation District No. 22.
PASSED, APPROVED AND ADOPTED this 7`" day of May, 2007.
MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of Azusa, at a regular meeting thereof, held on the 7`h day of May,
2007, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
t
i
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCENE HAMILTON, CITY TREASURER
DATE: MAY 7, 2007
SUBJECT: CIN TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES
FOR THE MONTH OF MARCH 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 March 2007.
BACKGROUND:
Transmitted herewith,is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of March 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
Preasury Checking Accounts and Certificates of Deposit MARCH 31, 2007
Held in Wells Fargo Bank
'repared by: Marcene Hamilton, Treasurer
Interest or Account Number Balance
Face Maturity Coupon Description or
Amount Date Rate or CUSIP Market Value
Checking Accounts
General Checking Account 495-0041244 1,103,695.00
4.980% Overland Sweep Account DDA 495-0041244 2,090,505.36
Worker's Compensation Checking 0606-050318 106,886.59
Flexible Reimbursement 0606-055036 11,402.20
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 94,480.07
200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00
ISO Collateral Account
Every30
300,000 Days 0.050% Certificate of Deposit 300-0311658 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 104,725.28
TOTALS 6,019,185.90
CITY OF AZUSA TREASURER'S REPORT
TREASURY INVESTMENTS MARCH 31,2007
Prepared by: Marcene Hamilton,Treasurer
Coupon Maturity Settlement Market Price
Broker Face Amount Description Rate Data AecY/CusID No. Data PrinclpaP (Change6 Market Value"
Monthly)
City of Azusa Investments - AAA Rated Federal Agency Bonds
Gifford 1 W000D.00 FHLMC 4.500 0411 M7 4.500% 04118107 3128X40UB 10118105 1000000.00 99.962000 999620.00
WFB 5000000.00 FHLB3.1000521/07 3.100% 0521107 3133MYQ67 0521103 5000000.00 99.688000 4984400.00
Gilford 2000000.00 FHLMC 4.05D D924N7 4.050% 0924107 3128XWR9 07101105 1999375.00 99.435000 1988700.00
Hi ms 2000000.00 FHLB 5.05010/112007 5.050% 10/11/07 3133XF4M5 04/11/06 2000000.00 99.9060DO 1998120.00
Gilford 10110000.00 FHLMC 4.37510/18107 4.375% 10/18/07 312BX4NU1 111118/05 1000000.00 99.539000 995390.00
Gilford 10D00D0.D0 FHLB 4.9001121/117 4.900% 1121107 3133XDTW1 02/02/06 9989D5.W 99.813000 998130.00
Higgins 2,000000.00 FHLMC 5.0500222108 5050% 0222108 312aX4H79 03/23106 1996300.00 99.962000 1999240.00
Gilford 1000000.00 IFHLMC 5.3W 04111108 5.300%. 04/11108 I 312BX4Z61 05/02106 998750.00 100.00500D 1,000,050(X
Gilford 2000000.00 FHLMC 3.6254/17108 3.625% 04/17/08 3128X04M8 04/17103 199400000 98.596001) 1971920.W
Gilford 2000000.00 FHLB 3.000 OV18MO 3.000% 06/18/08 31339XJA3 06/19103 2003126.00 97.68BOOD 1953760.00
WFB 2500000.01) FHLB 300007/14108 3000% 07114108 31339%2X9 07/14/03 2500000.00 97.563000 2439075.00
WFB 5.000000.00 FHLB 4.0201121108 4.020% 1121108 3133MYKV8 0521103 5000000.00 98.563000 4928150.00
Hi 'ns 2000000.00 FHLB 5.5000424109 5.500% 0424109 3133XFBPO 0424/06 2000000.00 99.938000 1998760.00
WFB 2000000.00 FHLB 4.3W 07/14/09 4.3W% 07/14/09 3133XCDO3 07/14/05 2000000.00 98.813000 1976260.01)
Gilford 2000000.00 FHLB 4.35009MI/N 4.350% DW1109 3133X8226r03W107
2,000000.00 98.594000 1971880.01)
Gilford 2 000 000.00 FHLB 4.200 12/15/09 4.200% 12/15109 3133X9N48 2 600 000.00 98.438)00 1,96B.760.001
Rooms 2 000 000.00 FHLB 5.625 0427110 5.625% 0427110 3133XFCE4 2.000.000.00 100.000000 2,00D,000.0
Hi ins 200000D.00 FHLB 5.5000525110 5.500% 0528/10 3133XFPV2 2000OW.00 100.219000 2004380.00
Hi ins 2 000 000 00 FHLMC 5.2502/24111 5.250% 0224/11 3128X4N56 1982640.00 100.226000 2004520.00
Hi ins 2000000.00 FNMA 6.000 0525111 6.000% 0525111 31359MN58 2000000.00 100.063000 2001260.00
Wachovia 2000000.00 FNMA 5.750 OM9111 5.750% 06MWll 31359MPOO 2000000.00 100.531000 2010620.00
Hi ins 2000000.00 FHLB 5.125003x0/12 5.125%. 03/30/12 3133XKD44 2000000.00 99.813000 1996260.00
TOTALS 460""OW.UO I 46,189,255.DO
Light B Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds
WFB 3000000.00 FHLB 3.50002112/08 3.500% 02/12;08 3133X3ND1 02/12104 3000000.00 98.656000 2959680.00
WFB 3000000.00 FHLB 4.0001010&08 4.OW% 10/08108 3133X1HZ3 1010&03 3000000.00 98.625000 2958750.00
WFB 3,215,000.00 FHL04.15004/30M 4.150% 04/30/09 3133XSAM 04/30/04 3,215,000.00 98A38000 3,164]81.70
TOTALS 9,216,090.00 9,215,000.00 9,083,211.70
LAW I LOCAL AGENCY INVESTMENT FUND 5.214% N/A WA N/A 12,672,322.15 100.000000 12,672,322.35
WFB I THIRD PARTY CUSTODIAL TRUST ACCT 1 5.090% N/A N/A NIA 1,540,500.00 100.000000 1,540,500.00
TOTAL INVESTMENTS IN FEDERAL AGENCIES,LAIF,and WFB INSTITUTIONAL TRUST 69,900,917.35 69,485,289.05
INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2006) 2,386,428.73
'The'Pdndpal'column reflects the balance on the last day of the month or the'bistodcal cost'spent to purcbase a security.
"The-Markel Value is the current once at which a security can be traded or sold.
Treasurer Report-Mamh 2007 5112007 8:25 PM
CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS
-REASURY INVESTMENTS Thru March 31, 2007
'repared 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 40,0.00.00
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 26,875.00
2,000,000.00 2,021,200.00 4.050% 09/24/07 3128X36R9 9124&3/24 81,000 40,500 =81`,000=00
2,000,000.00 2,000,000.00 5.050% 10/11/07 1 3133XF4M5 10/11 &4/11 101,000 1 50,500 50,500.00
1,000,D00.00 1,000,000.00 4.375% 10/18/07 312BX4NU1 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 50,500 101,000.00
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 3128XO4M8 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 &5121 201,000 100,500 100,500.00
2,000,000.00 2,000,000.00 5.500% 04/24/09 3133XFBPO 10124&5/24 110,000 55,000 55,000.00
2,000,000.00 21000,000.00 4.300% 07/14/09 3133XCDQ3 7/14& 1/14 86,000 43,OOD 86,000.00
2,000,000.00 2,000,000.00 4.350% 09/01/09 3133X8C26 911 &3/1 87,000 43,500 t197,600.00
2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N48 12/15&6/15 84,000 42,OOD 42,000.00
2,000,000.00 2,000,000.00 5.625% 04/27/10 3133XFCE4 10/27&4/27 112,500 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 52,500 105,000.00
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 31359MPBO 12/9&619 115,000 57,500 57,500.00
2,000,000.00 2,000,000.00 5.125% 03/30/12 3133XKD44 9/30&3/30 102,500 51,250
53,500,000.00 2,403,000 1,201,500 1,412,395.84
.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 &2112 105,000.00 52,500.00 105,000.00
3,000,000.00 3,000,000.00 4.000% 10/08/08 3133X1 HZ3 10/8&4/8 120,000.00 60,000.00 60,000.00
3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6 10/30&4/30 133,422.50 66,711.25 66,711.25
9,215,000.00 358,422.50 231,711.25
.ocal Agency Investment Fund-Liquid Asset
12,672,322.35 1 1 5.214% 1 N/A N/A Quarterly Per Balance and Rate 742,321.64
Veils Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset
1,540,500.00 1 1 5.090% N/A NIA Quarterly I Per Balance and Rate 0.00
TOTAL INTEREST EARNED 2,386,428.73
Fiscal Year: July 1 -June 30
• U � r
- C'9LlFpR�P .
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS
BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT
VIA: F.M. DELACH, CITY MANAGER
BY: ROY BRUCKNER, PROJECT MANAGER
DATE: MAY 7, 2007
SUBJECT: FINAL TRACT MAP NO. 54057-11, MAGNOLIA AT ROSEDALE
RECOMMENDATION
It is recommended that the City Council act and find as follows:
1. That this project complies with the General Plan and is consistent with the approved tentative map
and any amendments thereto.
2. The dedications as offered on the map for street and public park purposes are hereby approved and
accepted.
3. That this project will not violate any of the provisions of Sections 66473.5 and 66474.1 of the
Subdivision Map Act.
4. The City Council approves and authorizes the City Manager to execute the attached Agreement for
Completion of Public Improvements for Tract 54057-11 to construct the required public
improvements.
5. The City Council accepts the attached Faithful Performance Bond in the amount of $165,634, and
the attached Labor and Materials Bond for $82,817 for streets, sewers and water lines, and the
Faithful Performance Bond of $243,221 and Labor and Materials Bond for $121 ,610.50 for the
construction of Lot G, Ridgeview Park and portion of the Sierra Madre Trail, as guaranteed by Bond
Safeguard Insurance Company.
6. That pursuant to Section 66436(a)(3)(A)(i-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
Gas Co., and accepts the map without the signatures of said easement holders.
7. Approve Final Tract Map No. 54057-11 , and
8. 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 dedications for streets and public parks
purposes.
Approval of Final Tract Map No. 54057-11, Rosedale 1
City Council Meeting of May 7, 2007
BACKGROUND
This Final Map involves the approval of the final subdivision map designated 54057-11, located in the
Park 5000 Neighborhood of the Rosedale project site, along the westerly boundary of the site. This
subdivision will accommodate a portion of the detached single-family residential project known as
Magnolia. The developer is PLC Magnolia, LLC, a Delaware Limited Liability Company, and the Civil
Engineer is Walden &Associates.
The designated City Engineer has completed final checking procedures for the final map and has found
that it is in substantial conformance with the State Subdivision Map Act, City of Azusa requirements,
Vesting Tentative Map 54057, Tentative Map 62150, and related conditions of approval. The Applicant
has submitted the checked Final Map, the subdivision agreement, posted necessary bonds, and paid the
applicable fees.
Attached is an Agreement for Completion of Public Improvements for Tract No. 54057-11 to construct
the required public improvements, as well as a Faithful Performance Bond in the amount of $165,634,
and a Labor and Materials Bond in the amount of $82,817 for streets, sewer and water lines and a
Faithful Performance Bond in the amount of$243,221 , and a Labor and Materials Bond in the amount of
$121,610.50 for Ridgeview Park and a portion of Sierra Madre Trail, as guaranteed by Bond Safeguard
Insurance Company. The improvements are expected to be completed in the near future, and will be
offered to the City for acceptance as they are completed.
With the technical review having been completed, and the map meeting State and City requirements,the
Council's approval would be a ministerial action.
FISCAL IMPACT
The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study. This approval is another
step in the implementation of the Rosedale project.
Approval of Final Tract Map No. 54057-11, Rosedale 2
City Council Meeting of May 7, 2007
�4roa�P
CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY
VIA: F.M. DELACH, CITY MANAGER �I`ij
DATE: MAY 7, 2007
SUBJECT: ANNUAL MATRIX SOFTWARE MAINTENANCE AND SUPPORT
CONTRACT
RECOMMENDATION
1. It is recommended that the City Council waive formal sealed bids in accordance
with Azusa Municipal Code Section 2-523 section C, using alternative purchasing
procedures; and.
2. It is recommended that the City Council approve the software maintenance and
support contract from Matrix Imaging, in the amount of $18,063.68.
BACKROUND
The City currently uses Matrix Imaging as the support vendor for its document
management system. The city needs to retain software support from the vendor in
order to provide for remote technical support via phone, limit any potential down
time, and for product enhancements to this software.
The City Clerks office, which is the primary install base for this system, is beginning
eight weeks of on site training with Matrix next week to assist the users in becoming
self-sufficient and confident in using their imaging system.
FISCAL IMPACT
Funding for requested purchase is part of Information Technology Department
operating budget FY 2007 in accounts 48499300006835.
MATRIX Invoice
(may � l� � Date Invoice#
3151 Airway Ave Suite H-1,Costa Mesa,CA 92626 9!6!2006 0906.8298
TO: City of Azusa
213 East foothill Blvd
Azusa,CA 91702
Aftn: Ann Graf-Tel#626812-5024
P.O No Terms Due Date Rep
Due on receipt 912912006 TH
Description
Serial&K# Qty Rate Amount
Total Cost for Software Update and Technical Support 16,687.00 16,687.00T
Pedod of Coverage:07-01-06 to 06.30-07
KOFAX MK11218 3 0 DOT
Ascent Capture Software(25K/month)
DOCUMENTUM 1
3111595
WotflowXtender Software 1
WorkBowXtender Process Builder 3111598 1
WorkllowXtender Server 3111597 1
WoAflowXtender Server Concurrent Connections 3111596 10
ApplicaBonXlendetMebXtender Server Concurrent Connections 3436631 25
WebXtender Server Concurrent Connections 3111594 19
ApplicationXtender Server Concurrent Connections 3111592 6
Verity Full Text Client Software 3111569 6
ApplicationXtender OCR Server
3111591 i
Verity Full Text Server Software 3438630 1
Matrix Imaging's Remote Technical Support via phone,fax,e-mail
must be dated In Oct 2006,not in Sales Tax report for 30 2006
We Appreciate Your Business Subtotal $16,687.00
Remit to: MATRIX IMAGING PRODUCTS, INC. Sales Tax(B 25%) $1,37668
3151 Airway Avenue,Suite H-1
Costa Mesa,CA 92626 Total $18,063.66
Attn: Rica Cabigao
Phone# Fax E-mail Web Site
714.556-5600,Opt 714513.2376 less.ramirez@malnximaginginecom vwrw.Matoximaginginc.com
I
• `a'p�F'gZG
..CgIIFOPh�p.
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER
DATE: May 7, 2007
SUBJECT: AUTHORIZATION TO SOLICIT NOTICE INVITING BIDS - CIN HALL L.E.D.
MARQUEE
RECOMMENDATION
It is recommended that the City Council authorize staff to solicit Notice Inviting Bids for the
City Hall L.E.D. Marquee.
BACKGROUND
In the current year Capital Improvement Projects budget, $36,000 has been allocated for a
new electronic marquee sign. The department of Light and Water procured a similar marquee
that has yielded substantial benefits.
Electronic marquee will have the capability of displaying 6 lines of text (currently only 4 lines
are available); authorized staff will also have the ability of creating and deleting postings from
their desktop. The awarded vendor will fabricate the new marquee and construct a concrete
footing/foundation for signage.
FISCAL IMPACT
Project is budgeted for $36,000 from account number 49-80-000 7130, project number
66607.
Attachments: Notice Inviting Bids
Exhibit A-Scope of Work
Exhibit B- Wiring Diagram
Prepared by. Israel Del Toro, Management Analyst PW
CITY OF AZUSA
NOTICE INVITING BIDS
FOR
FABRICATION AND INSTALLATION OF CITY HALL
ELECTRONIC MARQUEE
Submission Deadline: May 21, 2007
Late submissions will not be considered
Submit Proposals To: Vera Mendoza
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
CITY OF AZUSA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of
Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone
(626) 812-5229 until 10:00 a.m. on May 21,2007, at which time they will be opened and
reviewed for the provision of the following:
"FABRICATION & INSTALLATION OF CITY HALL ELECTRONIC
MARQUEE"
All proposals must be sealed and clearly identify the bidder's name, and address.
The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any
contract entered into pursuant to this invitation, the City will not discriminate against any
bidder on the grounds of race, color, sex, or national origin in consideration for the
award.
The pre bid conference will be held on Tuesday, May 15, 2007, (10 a.m.) at the City of
Azusa City Yard located at 809 N. Angeleno, Azusa, California 91702. The exact
meeting location at the City Yard location will be the office of the Public Works Director.
All persons responding to this invitation shall be aware that their bids are deemed public
records and may be subject to disclosure upon request. The City reserves the right to
reject any or all proposals, to waive any informality or irregularity in any bid received,
and to be the sole judge of the merits of the bids received.
CITY OF AZUSA
DATED: May 7, 2007
PUBLISH: May 9, 2007
CLOSING: May 21, 2007
INSTRUCTIONS TO PROPOSERS
CONTRACT TERMS AND CONDITIONS
In awarding any equipment purchase contract,the selected bidder must agree to enter into
an Equipment Purchase Agreement ("Agreement") with the City and comply with the
Azusa Municipal Code ("City Code") as conditions of receiving the contract.
The City reserves the right to: (1) reject any and all bids; (2) waive minor irregularities;
or(3) disqualify any bid that contains false or misleading information.
LICENSES PERMITS AND LAND USE APPROVALS
The selected bidder must comply with all City, County and State standards and must, at
the time it makes a proposal to the City and throughout the time that the bidder provides
services to the City, possess all other permits, licenses or land use approvals required by
the City or any County, State or Federal agency to operate its business. The bidder shall
identify in its proposal the location from which it will provide services to the City. The
bidder must have, at the time it submits its proposal, the right to lawfully operate the
business from that location. The business must lawfully be operating from such location
at the time it submits its bid.
AWARD OF CONTRACT
Issuance of this Notice Inviting Bids and receipt of bids does not commit the City to
award a contract. The City reserves the right to reject any or all proposals, to accept any
bid or portion thereof, to waive any irregularity, or disqualify any bid that contains false
or misleading information, and to take the bids under advisement for the period of time
stated in the "Notice Inviting Bids," all as may be required to provide for the best
interests of the City. In no event will an award be made until all necessary investigations
are completed as to the responsibility and qualifications of the bidder to whom the award
is contemplated.
No person may withdraw his bid for a period of ninety (90) days after the time set for the
opening thereof.
INSURANCE
Prior to the commencement of the fabrication and installation of the city hall marquee,
the selected bidder shall provide to the City certificates of insurance with original
endorsements, and copies of policies, if requested by the City , of the following
insurance, with Best's Class A- or better carriers:
(1) Workers' compensation insurance covering all employees and principals of
the bidder, in a minimum amount of$1 million per accident, effective per the
laws of the State of California; and
(2) Commercial General Liability insurance covering third party liability risks,
including without limitation contractual liability, in a minimum amount of$1
million combined single limit per occurrence for bodily injury, personal
injury, and property damage. If commercial general liability insurance or other
form with a general aggregate limit.
Said policy or policies shall be endorsed to state the coverage shall no be suspended,
voided, or canceled by either party, or reduced in coverage or in limits except after thirty
(30) days' prior notice has been given in writing to the City. The selected bidder shall
give to the City prompt and timely notice of any claim made or suit instituted arising out
of the selected bidder's operation hereunder.
EXHIBIT "A"
PLANS AND SPECIFICATIONS
SCOPE OF WORK:
1. Fabricate and install a double faced outdoor sign of 5' height by 15' wide x 15"
depth, internally illuminated acrylic name & logo, support covers and decorative
back for a light emitting diode (LED) unit(all of aluminum over steel frame), two
pole configuration, and texcote to match building color.
2. Wiring diagram (Exhibit B) is provided; contractor is responsible to make all the
necessary electrical connections.
3. Removal and disposal of sign being replace.
4. Install outdoor sign at location as per plan approved by City, approximately on the
south west corner of Azusa City Hall at a 90 degree angle facing east and
westbound traffic. Verify exact location with project manager prior to installation.
5. Supply one 48x128 matrix size 20mm red color LED panel with wireless
communication unit.
6. Supply one remotely programmable timer for name & logo I.D. panel
7. Fabricate removable/replaceable clear protective lexan cover for the LED unit.
8. Construct concrete footing or foundation for signage. Set supports in concrete
footings and install components. All construction and workmanship shall meet
City's standard and subjected to City's inspection.
9. Provide Venus 1500 software, instruction manual, material list, specifications,
and any literature pertaining to sign and LED panel in a binder. Also provide one
half day hands-on training after sign is completed. Venus software must be
upgradeable to MS Vista compliance by December 31, 2007.
10. Underground obstruction, utilities, etc. will be the responsibility of City.
WARRANTY:
One year warranty for labor and materials and for four year warranty for materials.
Extended warranty would desirable.
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGERA44
DATE: MAY 7, 2007
SUBJECT: AWARD OF CONTRACT - MEMORIAL PARK AIR CONDITIONING UNIT
RECOMMENDATION
It is recommended that the City Council award a contract to Air-Ex Air Conditioning, Inc. of
Pomona in an amount not to exceed $119,515.00, to provide design and construction of a
heating, ventilating and air conditioning (HVAC) system at Memorial Park.
BACKGROUND
Currently the Memorial Park gymnasium facility lacks an air conditioning system. On April 2,
2007 the City Council authorized staff to solicit proposals for a new air conditioning unit for
the Memorial Park gymnasium facility. The City Council budgeted $150,000 in its Capital
Improvement Program for this project.
A Request for Proposal was issued on April 4, 2007, seeking proposals from qualified HVAC
contractors to provide design and construction of the new Memorial Park HVAC system. The
Request for Proposal was directly mailed to 5-contractors. One proposal was received from
Air-Ex Air Conditioning, Inc.
An evaluation team of City employees reviewed the proposal. After several visits to the
jobsite, the contractor presented a proposal that exhibited a thorough understanding of the
project that included several options and alternative solutions for City consideration. The
team determined to recommend an award of contract to Air-Ex Conditioning, Inc.
FISCAL IMPACT
Project is budgeted for $150,000 from account number 49-80-000-7130, project number
66607F.
Prepared by: Israel Del Toro, Management Analyst PW
CITY OF AZUSA
SHORT-FORM CONSTRUCTION CONTRACT
MEMORIAL PARK GYMNASIUM HVAC SYSTEM
1. PARTIES AND DATE.
This Contract is made and entered into this 8th day of May, 2007 by and between
the City of Azusa, a municipal organization organized under the laws of the State of California
with its principal place of business at 213 East Foothill, Azusa, California 91702-1295 ("City")
and Air-Ex Air Conditioning, Inc. a Corporation with its principal place of business at 157
Gentry South, Pomona, California ("Contractor"). City and Contractor are sometimes
individually referred to as "Party" and collectively as "Parties." City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Com. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is experienced in providing design and
construction of a heating, ventilating and air conditioning (HVAC) system at Memorial Park.
Services to public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with the plans
of City.
2.3 Project. City desires to engage Contractor to render such services for the
provision of design and construction of a heating, ventilating and air conditioning (HVAC)
system at Memorial Park. ("Project') as set forth in this Contract.
2.4 Proiect Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, an insurance bond as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto: Exhibit (A) — Request for Proposal,
RVPUBWGS%547288 _ (BB&K:Jan.6,2000)
Exhibit (B) - Air-Ex, Inc. Proposal Letter, Exhibit (C) —Labor Code Certification, Exhibit
(D)—Insurance Bond
3.2 Contractor's Basic Obligation,• Scone of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the
Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as
specified pursuant to this Contract. All Work shall be subject to, and performed in accordance
with the above referenced documents, as well as the exhibits attached hereto and incorporated
herein by reference. The plans and specifications for the Work are further described in Exhibit
"A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating
to the Work are described in Exhibit "B" attached hereto and incorporated herein by this
reference.
3.3 Change in Scone of Work. Any change in the scope of the Work, method of
performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in advance and in writing by a valid change order executed by the City.
3.4 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within NINETY (90) DAYS, beginning the effective date
of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict
accordance with any completion schedule, construction schedule or project milestones developed
by the City. Such schedules or milestones may be included as part of Exhibits "A" or `B"
attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees
that if such Work is not completed within the aforementioned Contract Time and/or pursuant to
any such completion schedule, construction schedule or project milestones developed pursuant to
provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer
damage. Since it is impractical and infeasible to determine the amount of actual damage, it is
agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a
penalty, the sum of One Hundred Dollars ($100.00) per day for each and every calendar day of
delay beyond the Contract Time or beyond any completion schedule, construction schedule or
Project milestones established pursuant to the Contract. .
3.5 Standard of Performance, Performance of Employees. Contractor shall perform
all Work under this Contract in a skillful and workmanlike manner, and consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Work,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Contract. As provided for in the indemnification provisions of this
Contract, Contractor shall perform, at its own cost and expense and without reimbursement from
the City, any work necessary to correct errors or omissions which are caused by the Contractor's
RVPUBVGS\547288
—2— (BB&K:len.6,2000)
failure to comply with the standard of care provided for herein. Any employee who is
determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the
Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the
City, shall be promptly removed from the Project by the Contractor and shall not be re-employed
on the Work.
3.6 Control and Payment of Subordinates: Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance
under this Contract and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
3.7 City's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above. Except as
otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the
satisfactory performance by the Contractor of the services and obligations required by this
Contract, the above'referenced compensation in accordance with compensation provisions set
forth in the Contract.
3.8 Compensation and Payment.
3.8.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of ONE HUNDRED
NINETEEN THOUSAND FIVE HUNDRED AND FIFETEEN DOLLARS ($119,515.00)
("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the
applicable terms of this Contract or written change orders approved and signed in advance by the
City.
3.8.2 Payment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City and
in such detail and form as the City shall request, showing the quantities, unit prices, overhead,
profit, and all other expenses involved in order to provide a basis for determining the amount of
progress payments.
RVPUBWGS\547288 -3-
Jan.(BB&K:J .6,2000)
City shall review and pay all progress payment requests in accordance with the
provisions set forth in Section 20104.50 of the California Public Contract Code. No progress
payments will be made for Work not completed in accordance with this Contract.
3.8.3 Contract Retentions. From each approved progress estimate, ten
percent (10%) will be deducted and retained by the City, and the remainder will be paid to
Contractor. All Contract retainage shall be released and paid to the Contractor and
subcontractors pursuant to California Public Contract Code Section 7107.
3.8.4 Other Retentions. In addition to Contract retentions, the City may
deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor's obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
completed for the unpaid balance of the Total Contract Price or within the scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed;
(10) any sums representing expenses, losses, or damages as determined by the City, incurred by
the City for which Contractor is liable under the Contract; and (11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City's right to such
SUMS.
3.8.5 Substitutions for Contract Retentions. In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities
for any monies withheld by the City to ensure performance under the Contract. At the request
and expense of the Contractor, securities equivalent to the amount withheld shall be deposited
with the City, or with a state or federally chartered bank in California as the escrow agent, and
thereafter the City shall then pay such monies to the Contractor as they come due. Upon
satisfactory completion of the Contract, the securities shall be returned to the Contractor. For .
purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory
completion of the contract" shall mean the time the City has issued written final acceptance of
the Work and filed a Notice of Completion as required by law and provisions of this Contract.
The Contractor shall be the beneficial owner of any securities substituted for monies withheld
and shall receive any interest thereon. The escrow agreement used for the purposes of this
Section shall be in the form provided by the City.
3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for
and on account of work performed by such subcontractors in accordance with the terms of their
respective subcontracts and as provided for in Section 10262 of the California Public Contract
RVPUBWGS\547288 —4— (BB&K:Jen.6,2000)
Code. Such payments to subcontractors shall be based on the measurements and estimates made
and progress payments provided to Contractor pursuant to this Contract.
3.8.7 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any and all security
interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge,
hypothecate, or otherwise encumber the items in any manner that would result in any lien,
security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.9 Termination. This Contract may be terminated by City at any time by giving
Contractor three (3) days advance written notice. In the event of termination by City for any
reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to
that time as provided herein. In the event of breach of the Contract by Contractor, City may
terminate the Contract immediately without notice, may reduce payment to the Contractor in the
amount necessary to offset City's resulting damages, and may pursue any other available
recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure,
upon such terms and in such manner as it may determine appropriate, services similar to those
terminated. Further, if this Contract is terminated as provided, City may require Contractor to
provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter
prepared or built by Contractor in connection with its performance of this Contract. .
3.10 Completion of Work. When the Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has
completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price
remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107
of the California Public Contract Code.
3.11 City's Representative. The City hereby designates Air-Ex Air Conditioning,
Inc. and his or her designee, to act as its representative for the performance of this Contract
("City's Representative"). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City's Representative or his or here designee.
RVPUBWGSl547288 (BB&K:len.6,2000)
3.12 Contractor's Representative. Before starting the Work, Contractor shall submit in
writing the name, qualifications and experience of its proposed representative who shall be
subject to the review and approval of the City ("Contractor's Representative"). Following
approval by the City, the Contractor's Representative shall have full authority to represent and
act on behalf of the Contractor for all purposes under this Contract. The Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall be
responsible for all construction means, methods, techniques, sequences and procedures and for
the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
vxitten approval.
3.13 Contract Interpretation. Should any question arise regarding the meaning or
import of any of the provisions of this Contract or written or oral instructions from City, the
matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.14 Loss and Damage. Contractor shall be responsible for all loss and damage which
may arise out of the nature of the Work agreed to herein, or from the action of the elements, or
from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Work until the same is fully completed and accepted by City. However, Contractor shall be
responsible for damage proximately caused by Acts of God, within the meaning of Section 4150
of the California Government Code, only to the extent of five percent (5%) of the Total Contract
Price as specified herein. In the event of damage proximately caused by "Acts of God," the City
may terminate this Contract upon three (3) days advanced written notice.
3.15 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
acts, omissions or willful misconduct of Contractor, its officials, officers, employees; agents,
consultants and contractors arising out of or in connection with the performance of the Work or
this Contract, including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of
every kind that may be brought or instituted against City, its directors, officials officers,
employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. . Contractor shall reimburse City
and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided.
RVPUBWG5\547288 -6- (BB&K:Jan.6,2000)
3.16 Insurance.
3.16.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section.
3.16.2 Minimum Requirements. Contractor shall, at its expense, procure
and maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.16.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad
as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
(3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance; and (4) Builders%All
Risk: Builders'/All Risk insurance covering for all risks of loss, including explosion, collapse,
underground excavation and removal of lateral support (and including earthquakes and floods if
requested by the City).
3.16.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no
less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3)
Workers' Compensation and Employer's Liability: Workers' compensation limits as required by
the Labor Code of the State of California. Employers Liability limits of$1,000,000 per accident
for bodily injury or disease; and (4)Builders%All Risk.- Completed value of the project.
3.16.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
3.16.3.1 General Liabilitv. (1) The City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
Work or operations performed by or on behalf of the Contractor, including materials, parts or
equipment furnished in connection with such work; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
RVPUBVGS\547288 (06&K:Jan.6,2000)
directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it.
3.16.3.2 Automobile Liability. (1) The City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall
g be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance
maintained by the City,its directors, officials, officers, employees, agents and volunteers shall be
excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
3.16.3.3 Workers' Compensation and Employers Liability Coverage. The
insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
3.16.3.4 All Coverages. Each insurance policy required by this Contract
shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.16.4 Builders'/All Risk Policy Requirements. The builders'/all risk
insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive
all rights of subrogation against the City.
3.16.5 Separation of Insureds: No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition,
such insurance shall not contain any special limitations on the scope of protection afforded to the
City, its directors, officials, officers, employees, agents and volunteers.
3.16.6 Professional Liability Insurance. All architects, engineers,
consultants or design professionals retained by Contractor shall also procure and maintain, for a
period of five (5) years following completion of the Contract, errors and omissions liability
insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the
City, its directors, officials, officers, employees, agents and volunteers as additional and insureds
with respect to Work performed, and shall otherwise comply with all requirements of this
Section.
3.16.7 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2)the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
RVPLBWGR547288 _8_ (BB&K:tan.6,2000)
3.16.8 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.16.9 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Contract
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be
on forms supplied or approved by the City. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.16.10 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. In addition, Contractor shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
3.17 Bond Requirements.
3.17.1 Payment Bond. If required by law or otherwise specifically requested by
City in Exhibit `B" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is required, no
payment will be made.to Contractor until the bond has been received and approved by the City.
3.17.2 Performance Bond. If specifically requested by City in Exhibit `B"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and
in a form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until the bond has been received and approved by the City.
3.17.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or, replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Contract until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the Total Contract Price is increased in
accordance with the Contract, the Contractor shall, upon request of the City,cause the amount of
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Contract (including, without limitation, an increase in the Total Contract Price,
as referred to above), extensions of time, or modifications of the time, terms, or conditions of
RVPUB\NGS\547288 -9- (BB&K:Jm.6,2000)
payment to the Contractor, will release the surety. If the Contractor fails to furnish any required
bond, the City may terminate the Contract for cause.
3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best's rating no less than ANIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. Contractor shall comply with the .requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, the Contractor shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary precautions for the
safety of employees appropriate to the nature of the Work and the conditions under which the
Work is to be performed. Safety precautions as applicable shall include, but shall not be limited
to, adequate life protection and life saving equipment; adequate illumination for underground
and night operations; instructions in accident prevention for all employees, such as machinery
guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures,
trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as
are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors practicing
in the vicinity of the Project, as well as the telephone number of the local ambulance service,
adjacent to all telephones at the Project site.
3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non-conforming materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees .that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non-conformance of the Work
to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the
terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by
the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective.
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
RVPUBNGS'3472B8 -10- (BB&K:J n.6,2000)
necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the
City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its
obligations under this Section, or under any other warranty or guaranty under this Contract, to
the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non-conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Work. If the Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, the Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.21 Permits and Licenses. Contractor shall be responsible for securing City permits
and licenses necessary to perform the Work described herein, including, but not limited to, a City
Business License. While Contractor will not be charged a fee for any City permits, Contractor
shall pay the City's applicable business license fee.
3.22 Trenching Work. If the-Total Contract Price exceeds $25,000 and if the Work
governed by this Contract entails excavation of any trench or trenches five (5) feet or more in
depth, Contractor shall comply with all applicable provisions of the California Labor Code,
including Section 6705. To this end, Contractor shall submit for City's review and approval a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench or
trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a
registered civil or structural engineer.
3.23 Hazardous Materials and Differing Conditions. As required by California Public
Contract Code Section 7104,if this Contract involves digging trenches or other excavations that
extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify City of. (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from
RVPUBWGS\547286 -1 1- (BB&K:Jan.6,2000)
those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon
notification, City shall promptly investigate the conditions to determine whether a change order
is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.24 Underground Utility Facilities. To the extent required by Section 4215 of the
California Government Code, City shall compensate Contractor for the costs of. (1) locating and
repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor
shall not be assessed liquidated damages for delay caused by failure of City to provide for
removal or relocation of such utility facilities.
3.25 Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1770 etseg., which requires the payment of prevailing wage rates and the
performance of other requirements on "public works contracts." If this is a "public works
contract" pursuant to the California Labor Code and if the Total Contract Price is $1,000 or
more, Contractor agrees to pay such prevailing rates to each workman needed to execute the
Work and fiuther agrees to comply with the penalty provisions of Section 1775 of the California
Labor Code in the event of its failure to pay prevailing rates. Copies of the prevailing rate of per
diem wages for each craft, classification or type of worker needed to execute this Contract shall
be made available to interested parties upon request, and shall be posted at the Project site.
Contractor agrees to defend, indemnify and hold City, its officials, directors, officers, employees,
agents and volunteers free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
these provisions of the California Labor Code.
3.26 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable
craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California
Labor Code with respect to the employment of properly registered apprentices upon public
works. The primary responsibility for compliance with said section for all apprenticeable
occupations shall be with Contractor.
3.27 Hours of Work. Contractor is advised that eight(8) hours labor constitutes a legal
day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a
penalty of $25.00 per worker for each day that each worker is permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half(1-1/2) times the basic rate for
that worker.
3.28 Payroll Records. In accordance with the requirements of California Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms provided
by the Division of Labor Standards Enforcement or which contain the same information required
by such forms. Responsibility for compliance with California Labor Code Section 1776 shall
rest solely with Contractor, and Contractor shall make all such records available for inspection at
all reasonable hours.
RVPUB NM547288 -12-
(BBB:K:lan.6,2000)
3.29 Contractor's Labor Certification. By its signature hereunder, Contractor certifies
that he is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this
purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference,
shall be executed simultaneously with this Contract.
3.30 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the
work governed by this Contract prior to final payment by City.
3.31 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to,. all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.32 Anti-Trust Claims. This provision shall be operative if this Contract is applicable
to California Public Contract Code.Section 7103.5. In entering into this Contract to supply
goods, services or materials, the Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section
16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of
goods, services, or materials pursuant to the Contract. This assignment shall be made and
become effective at the time the City tender final payment to the Contractor, without further
acknowledgment by the Parties.
3.33 Notices. All notices hereunder and communications regarding interpretation of
the terms of the Contract or changes thereto shall be provided by the mailing thereof by
registered or certified mail,return receipt requested, postage prepaid and addressed as follows:
City Contractor
City of Azusa Air-Ex Air Conditioning, Inc.
213 East Foothill Blvd. 157 Gentry Street
Azusa, CA 91702-1295 Pomona, CA 91767
Attn: Vera Mendoza Attn: Robert H, Carder
Any notice so given shall be considered received by the other Party three (3) days after deposit in
the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.34 Entire Contract, Modification. This Contract contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
RVPU13WGS\547288 -13- (BB&K:Jan.6,2000)
understandings or agreements. This Contract may only be modified by a writing signed by both
Parties.
3.35 Time of Essence. Time is of the essence in the performance of this Contract.
3.36 Assignment Forbidden. Contractor shall not, either voluntarily or by action of
law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
3.37 Governing Law. This Contract shall be governed by the laws of the State of
California. Venue shall be in San Bernardino County.
3.38 Counterparts. This Contract may be executed in counterparts, each of which shall
constitute an original.
3.39 Successors. The Parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the full performance of all of the provisions contained in this
Contract.
3.40 Attorneys' Fees. If either Party commences an action against the other Party,
either legal, administrative or otherwise, arising opt of or in connection with this Contract, the
prevailing Party in such action shall be entitled to have and recover from the losing Party
reasonable attorneys' fees and all other costs of such action.
3.41 Claims of$375,000 or Less. Notwithstanding any other provision herein, claims
of$375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set
forth in California Public Contract Code §§ 20104, et seg.
3.42 Prohibited Interests.
3.42.1 Solicitation. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, City shall have the right to terminate this Contract without liability.
RVPUBWGSl547288 -14- (BB&K:Jm.6,2000)
3.42.2 Conflict of Interest. For the term of this Contract, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Contract, or obtain any present or anticipated material benefit arising therefrom.
3.43 Certification of License. Contractor certifies that as of the date of execution of
this Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on
the day and year first above written.
CITY OF AZUSA AIR-EX AIR CONDITIONING,INC.
By: By:
Francis M. Delach Robert H. Carder
City Manager President
Attest: Attest:
City Clerk
Approved as to form:
Classification of Contractor's License:
Best Best&Krieger LLP
City Attorney
RVPUBWGS�547288 _I S_ (BB&K:Jan.6,2000)
The Canyon City—Gatmway to the American l5ream
PROPOSAL
TO THE CITY OF A7T7CA Air-Ex Air Conditioning, Inc.
Company
SHALL PRCiVI.DE A COMPLETE FULLY :. OPERATING Alt',
CONDIONING. SYSTEM INCLUDING ALL CONNECTIONS,
MATERIALS AND LABOR IN ACCORDAtNCE WITH THE REQUEST
FOR PROPOSAL AND CITY CODES AT THE GYMNASIUM AND
ADJACENT HALLWAYS AND ROOMS LOCATED AT MEMORIAL
PARK; FOR THE LUMP SUM AMOUNT OF:
111 9,515 AND IN WRITTEN WORMS
One Hundred ninteen thousand five hundred and fifteen dollars
TO BE COMPLETED BY July 31 , 2007
SIGNED;
OFiICER
04/05/2007 17: 17 6263340410 PUBLIC WORKS PAGE 03 _
CITY OF AZUSA
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
FOR A DESIGN —BUILD AIR CONDITIONING SYSTEM
AT MEMORIAL PARK GYMNASIUM
April 4, 2007
The City of Azusa, Department of Public Works, requests the pleasure of a written
proposal from your company for the engineering design and installation of an air
conditioning system to meet the seasonal temperature and ventilation requirements at the
Memorial Park Gymnasium located at 320 North Orange Place. The design and
installation of a new AC system is to serve this important community facility, which is in
daily use for athletic and recreational activities.
A written cost and time proposal shall be submitted at the City Clerk's
office, City Hall, located at 213 East Foothill Blvd. by 4:00 p.m. on
Wednesday, April 18, 2007.
Contents of this Request for Proposal•
1. General Description of the Project and the Work Area.
2. Code Compliance and Inspection Requirements
3. Equipment Requirements and Gamantees
4. Insurance
S. Site Visit Mandatory
6. Licensed Engineers' Report and Plans Requirements for Building Code
Compliance and Energy Conservation.
7. City Contacts
8. Payment
9. Bid Form
10. Site Location Sketch
Continued.
04/05/2007 17:17 6263340410 PUBLIC WORKS PAGE 04
1_ General Description of the Proiect and the Work Area.
The Memorial Park Gymnasium is a frequently used building with an occupancy of
500 persons. The gymnasium serves as a social and sports center for recreational
activities.
It should be noted that outside temperatures often exceed 100 Degrees Fahrenheit in
the summer; which is also a peak time for many activities in the gym including
basketball and volleyball. It is very important that temperatures be constant and
regulated for comfort and health safety.
The project consists.of the installation of two 10 tons DX split systems with the
condensing units located on grade, along the south side of the building with the air
handling.units located in the two mezzanine zooms at the east side of the building, at
each end of the stage. The existing ductwork shall be re-used for one system and the
other system will have new ductwork in the mezzanine room only with high capacity
supply grilles at the walls of the mora. Air return for the units shall be through the
existing wood slat openings at the mezzanine room that face the stage.. The existing
propeller fans shall be removed & replaced with new.louvered devices for, fresh air
intake.
The scope of work shall include:
Preparation of Plans supported by calculations to be submitted to the Department of
Public Works and Building Division for approval. The plans should comply with the
current energy conservation requirements.
Obtain Permit from the Building Division.
Fabricate (or famish) and install galvanized sheet metal ductwork and fittings.
Furnish duct installation wrap or liner as applicable and necessary.
Furnish and.install outside air intake louvers, patch & seal exterior wall as necessary
at demolished propeller fans.
Provide power& control devices, wiring, conduit & service disconnects. Based upon
sufficient capacity and available breaker spaces to serve the equipment in the
distribution panels adjacent to the stage area.
Make penetrations necessary for passage of ductwork and grille locations, including
appropriate perform start, cheek & test procedures of the equipment to ensure proper.
operation.
Provide one year warranty for all labor,materials and services.
04/05/2007 17:17 6263340410 PUBLIC WORKS PAGE 05
The HVAC needs of the Facility are inadequate and subject to corrections issued by
inspection authorities. A site visit and review of the existing HVAC units, ductwork,
wood slats, propeller fans, and roofing conditions, will have to be made prior to
submitting a proposal.
Downtime for installation of the new equipment must be very limited. It will be
necessary to provide good communication with City staff so that scheduling can be
worked out beforehand. The City.Building and Engineering Divisions will provide
all existing plans and pertinent information and in full cooperation with no cost to the
contractor.
Furnish and install refrigerant liquid and insulated suction piping.
Provide Testing prior to acceptance by the City.
2. Code Compliance and Inspection Requirements
Work shall be performed in accordance with the California Building Code, the
Uniform Plumbing Code and requirements of the Los Angeles County Health
Department, inspection will be by the City of Azusa Building Division (626) 812-
5293 and Facilities staff members of the Department of Public Works.(626) 812-
5254. All work shall be performed in accordance with the requirements of
CALOSHA.
The contractor shall guarantee all work against defects including all materials and
labor for a period of 1.8 months after acceptance of the work.
3. Equipment Requirements and Guarantees
AC unit and all wiring, ductwork,fittings, control devices and appurtenant equipment
to provide a fully operable system shall be manufactured by well known and
recognized companies with headquarters in the United States of America. Equipment
will be properly tagged, approved and have at least a one year guarantees against any
and all defects. Equipment shall be installed with proper workmanship to meet the
demands of use, duration, service to various fixture units with weights, strengths and
stability to meet the existing structural restraints of the building. The proposal must
also include proper disposal of existing equipment.
4. Insurance
The Contractor shall submit Certificates of Insurance and Sureties for:
a. Workmens' Compensation
b. General Liability in the amount of $ 1,000,000 naming the City of Azusa
as additional insured.
04/05/2007 17:17 6263340410 PUBLIC WORKS PAGE 06
c. Automobile Liability Insurance
d. A Performance Bond in the amount of 100% of the contract amount
e. A Materials and Labor Bond in the amount of 100% of the contract
amount
S. Site Visit Mandatory
The Contractor shall make an appointment for a private site visit prior to submitting
his proposal by calling Ms Karen Clear at(626) 812-5254. Mr. Jason Tingley of the
Public Works Facility Maintenance Division, (626) 812-5221, shall provide access to
the Gymnasium interior, exterior and roof,if necessary.
6. Licensed Engineer's Report
The Contractor shall retain a Registered Mechanical and/or Electrical Engineer to
submit a repot-to the Building Division that will address the suitability of the unit for
meeting the space, capacity and supply needs of the Gymnasium. The report will
address energy conservation and electrical power needs and requirements.
The cost of these professional services will be excluded from the price bid. Payment
will be to the contractor separate for reimbursement to the professional. The
Contractor shall submit to the City Engineer prior to final contract approval names
and credentials of the Professional Engineers retsioed by the Contractor.
7. City Contacts
Director of Public Works and Assistant City Manager. James Makshanoff (626) 812-
5248
City Engineer-Frank Bigdch (626) 812-5261.
City Building Official- Robb Keyes (626) 812-5293
Building Maintenance- Jason Tingley (626) 812-5221
City Clerk- Candace Toscano (626) 812-5271
Insurance Requirements - Tony Garcia(626)812-5256
8. Payment
Monthly invoices shall. be mailed or delivered to the attention of the Director of
Public Works, (626) 812-5248 - City of Azusa 809 Angeleno Avenue, Azusa, CA
91702. A 10% retention sball be in force until 35 days after issuance of a Notice of
Completion.
04/05/2007 17:17 6263340410 PUBLIC WORKS PAGE 07
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EXHIBIT "B"
Air Conditioning, Inc.
157 Gentry Street
Pomona, California 91767
April 23, 2007 THE AIR CONDITIONING EXPERTS State Lie.#418759
City of Azusa
Attention: James Makashanoff, Public Works Director&Assistant City Manager
Regarding: Memorial Park Gymnasium HVAC Installation
Gentlemen,
Thank you for the opportunity to be of service. We have reviewed various elements of the project and have
prepared a value engineering estimate of cost savings by reducing the scope while maintaining the cooling
capacities specified. All other items in our submitted proposal will still apply.
The value engineering we propose is as follows_
1. We propose to use the existing 200 amp electrical panel located in area just below the mezzanine rooms
where the air handling units will be located. We are basing this on the panel having properly sized and
rated conductors (this will need to be verified). This allows a reduction in length of the conduit aid wire
runs. We understand this panel is currently used infrequently (please verify) for other temporary power
needs. As we will be utilizing this power for the HVAC system, an additional electrical panel may need to
be provided in the future and is NOT included in this proposal
2. Re-use the existing louvers.
3. Locate the four condensing units on the roof directly above the air handling units. Redwood runiers will be
utilized to support the units and distribute the load across several roof members. Roof access provisions
will NOT be provided under this value engineering proposal.
Taking advantage of the value engineering items described above, this project may be done for the
sumof.........................................................................................................................................511!,515.00
This proposal is based upon hours of work from 6.30 am to 3:30 pm and excludes
1 Facility EMS, BMS, Fire Alarm or Life Safety systems, devices, interlocks or programming.
2. Any work not shown on the drawings or specifically noted above.
3. Architectural or structural modifications, fences or enclosures, sight screens or similar aesthet consid-
erations or provisions.
4. Pacometer, x-ray testing or similar non-destructive testing.
5. Architectural or structural considerations such as concrete, enclosures, equipment access proviions, or
protection from vandalism & mischief.
6. Repair, modification or upgrade to any existing equipment or other items not provided by this poposal.
7. Temporary lighting or ventilation provisions for construction activities.
8. Plan Checks, calculations, associated documentation or fees. (Per Bid Documents, this will b ad-
dressed separately.)
9. Asbestos or lead abatement, mold remediation; or other hazmat considerations if necessary.
to. Maintenance Contract services, parts, materials, chemicals, or similar obligations.
11. Provisions for site security or vandalism prevention measures.
12. Overtime or shift premiums.
Again, we appreciate the opportunity and hope to work with you on this and future projects.
Respectfully,
Air-Ex Air Conditioning, Inc.
ranee
EXHIBIT "C"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the
California Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and
1, the undersigned Contractor, agree to and will comply with such provisions before commencing
the performance of the Work on this Contract.
Air-Ex Air Conditioning, Inc.
By:
Robert H. Carder
President
RVPU13WGS\547288 C_1 (BB&K:Jan.6,2000)
�"�crfva,`tiP
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES
VIA: F.M. DELACH, CITY MANAGER0
DATE: MAY 7, 2007 �1 '
SUBJECT: INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) —
RESOLUTION APPOINTING SPECIFIC REPRESENTATIVES TO ICRMA AND
AN AMENDMENT TO RESOLUTION
RECOMMENDATION
It is recommended that City Council adopt Resolution No. that designates
its representatives to the ICRMA Governing Board and the separate Risk Management
Programs in which the City participates; and directs that a certified copy of the
Resolution be forwarded to ICRMA's General Manager.
BACKGROUND
This City has been a member of the Independent Cities Risk Management Authority
("ICRMA"), which is a Joint Powers Authority, since 1986. The ICRMA provides
separate Risk Management Programs for liability, workers' compensation, property
and earthquake, health, and other coverages for Member Cities, some or all of which
this city participates in.
ICRMA requires that member cities designate a representative, alternate and
substitute alternate to represent the city on the Governing Board for purposes of
representing the City's interests and exercising the authority of the City with respect
to the Coverage and the program and voting on behalf of the City.
The attached Resolution appoints the City's Mayor as its representative, the Director
of Human Resources as its alternate, and the Human Resources/Risk Management
Analyst as its substitute alternate.
FISCAL IMPACT
There is no fiscal impact due to these designations.
CITY OF AZUSA
RESOLUTION NO.
A RESOLUTION OF THE CITY OF AZUSA CITY COUNCIL APPROVING AN AMENDMENT TO
APPOINT A NEW COUNCIL APPOINTED BOARD MEMBER, ALTERNATE, AND SUBSTITUTE
ALTERNATE REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY.
WHEREAS, the City of Azusa is a member of the Independent Cities Risk Management Authority;
and
WHEREAS, the Amendment to Resolution 05-C37 Appointing Representatives to the Independent
Cities Risk Management Authority And Separate Risk Management Programs. The Governing Board of the
Authority requires each member city to appoint a board member, alternate, and substitute alternate
member by resolution to represent our city; and
NOW, THEREFORE, The City Council of the City of Azusa does resolve as follows:
Section 1. That the City of Azusa appoints the position of Mayor to serve on the Governing
Board of the Independent Cities Risk Management Authority.
Section 2. That the City of Azusa appoints the position of Director of Human
Resources/Personnel Officer to serve on the governing Board of the Independent
Cities Risk Management Authority as Alternate in the absence of the primary
member noted in Section 1 above.
Section 3. That the City of Azusa appoints the position of Human Resources/Risk
Management Analyst to serve on the Governing Board of the Independent Cities
Risk Management Authority as substitute in the absence of the primary and
alternate members noted in Sections 1 and 2 above.
Section 4. That the individuals in the positions designated by this Council as the City's
representative, alternate, and substitute alternate to the ICRMA Governing Board
are hereby confirmed and designated as the City's delegate to.the ICRMA
Governing Board for all purposes of representing the City' s interests and exercising
the authority of the City with respect to the Coverage and the program and voting
on behalf of the City on all matters delegated to the Governing Board and signing
such amendments as are contemplated to be approved by the Governing Board
under the Liability Risk Coverage Agreement and the Trust Agreement, and such
individuals shall keep this Council informed of such matters on a timely basis.
Section 5. That the City Clerk shall certify to the adoption of this resolution and thenceforth
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 7th DAY OF May 2007.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. was approved and adopted at a regular
meeting of the City Council held on the 7th day of 2007, by the following vote to wit:
AYES: Council Members:
9trtti�as``p
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, CITY MANAGER
DATE: MAY 7, 2007
SUBJECT: DESIGNATION OF A SURVEY AREA FOR THE PROPOSED AMENDMENT TO THE
MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT
PROJECT AREA ("MERGED PROJECT AREA-)
RECOMMENDATION
It is recommended that the City Council of the City of Azusa adopt the resolution designating
a Redevelopment Survey Area to enable the Redevelopment Agency ("Agency') to study
certain territory within the City for inclusion by Plan Amendment into the Merged Project Area.
BACKGROUND
The Agency is taking steps to consider an amendment to the Redevelopment Plan for the
Merged Project Area to add territory and increase the tax increment limit. When a proposal
to add territory to a project area is being considered, the first step in the redevelopment plan
amendment process involves the City Council's designation of the Survey Area to evaluate the
possibility of adding property to they Merged Project Area.
In 1979, due to a clerical error, one property which is a portion of the current Enterprise Car
Rental Site (APN 8614-014-057) was intended to be included in the redevelopment project
area. Due to the exclusion of this site from the boundary and legal description of the
redevelopment project area, a new Survey Area resolution including this property is presented
for your consideration. The subject parcel is key to the overall revitalization of the area.
During the ongoing negotiations and development of a redevelopment program for
Downtown North, the developer, Watt Genton Associates, requested that the Agency include
the California Burger Site (APN 8608-029-001 & 043) into the Survey Area. Those parcels
have been included in the attached map and Survey Area resolution for your consideration.
Page 2 of 2 F
May 7,2007
The Honorable Mayor and Members of the City Council
Re: Designation of a Survey Area for the Proposed Amendment to the Merged Central Business District and West End
Redevelopment Project Areas("Merged Project Area")
The proposed Survey Area is generally bounded by Foothill Boulevard on the south, Alameda
Street on the west, 9th Street on the north and Dalton/Soldano Avenues on the east. It also
includes those portions of the 200 and 300 blocks of South Azusa, extending to the Los
Angeles County flood control channel. The proposed Survey Area is depicted on the map
attached to the resolution as Exhibits "A-I and A-2."
If the City Council approves the Survey Area resolution, the Planning Commission Must revise
the preliminary plan, which was adopted on February 28, 2007, to select the proposed new
boundaries for the area to be added to the Merged Project Area. The previously adopted
Preliminary Plan utilized the Survey Area map without inclusion of the aforementioned parcels.
After adopting the Preliminary Plan selecting the revised boundaries for the area to be added
to the Merged Project Area, the Preliminary Plan will be re-transmitted to the Agency for its
consideration.
FISCAL IMPACT
This recommended action has no fiscal impact.
Attachment:
A Resolution of the City Council of the City of Azusa Designating a Redevelopment Survey Area for Study Purposes for
the Proposed Area to be Added by Amendment to the Merged Central Business District and West End Redevelopment
Project Area("Merged Project Area")
0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DESIGNATING A
REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES FOR THE PROPOSED AREA TO BE ADDED
BY AMENDMENT TO TBE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREAS("MERGED PROJECT AREA")
WHEREAS,the Redevelopment Agency of the City of Azusa("Agency") is a public body, corporate and politic,
organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et
seq.)("CRL");and
WHEREAS,the City Council wishes to study adding territory to its Merged Project Area; and
WHEREAS, the area under consideration consists of all territory within the boundaries as identified on Exhibits
A-1 and A-2;and
WHEREAS, any territory under consideration to become part of a redevelopment project area must be in a
redevelopment survey area(the"Survey Area"); and
WHEREAS,in accordance with Section 33310 of the California Health and Safety Code,the City Council,as the
legislative body, may designate a Survey Area for study purposes to determine the feasibility of potential redevelopment
activities within the Survey Area.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa that:
Section 1. The City Council hereby finds that the proposed Survey Area requires study to determine if an
amendment to the redevelopment project is feasible and, therefore, designates the areas as depicted on Exhibits A-1 and
A-2 attached to this resolution and incorporated herein by reference as a Survey Area within the meaning of Section
33310 of the California Health and Safety Code.
Section 2. The City Council hereby acknowledges that the Planning Commission of the City of Azusa will
consider the selection of the boundaries for one or more areas to be added to the Merged Project Area from within the
Survey Area and to submit a preliminary plan for the redevelopment of such proposed added areas, pursuant to California
Health and Safety Code Sections 33322 and 33325.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Azusa held this 7h day of
May,2007.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa
at a regular meeting held on the_day of 2007.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
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AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: BRUCE COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR/,)
DATE: MAY 7, 2007
SUBJECT: AUTHORIZATION TO ENTER INTO AN EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE CITY OF AZUSA REDEVELOPMENT AGENCY AND KENDREW
DEVELOPMENT COMPANY, LLC FOR THE AREA COMMONLY KNOWN AS THE
NORTHEAST CORNER OF AZUSA AVENUE AND ARROW HIGHWAY
RECOMMENDATION
It is recommended that the Agency Board authorize the Executive Director to enter into the Exclusive
Negotiation Agreement ("ENA") between the Redevelopment Agency of the City. of Azusa ("Agency")
and Kendrew Development Company, LLC ("Kendrew") for the development of the area commonly
known as the northeast corner of Azusa Avenue and Arrow Highway (Azusa/Arrow).
BACKGROUND
On June 19, 2006 the Office of Los Angeles County Supervisor Gloria Molina and the Redevelopment
Agency of the City of Azusa jointly issued a Request for Proposals to seek a commercial developer
interested in developing a retail center at the Azusa/Arrow project site. Four proposals were
submitted and reviewed by the County Supervisor office and Agency staff. The development teams
were interviewed and ultimately a firm was not selected to proceed to an Exclusive Negotiation
Agreement.
Subsequent efforts by the Agency and Supervisors office to identify potential developers brought
forth Kendrew. Kendrew has a wide retail and restaurant development experience, most recently
completing "The Curve" project in West Covina. Further details regarding the firms experience and
qualifications is attached.
The ENA proposes that the Agency and Kendrew negotiate diligently and in good faith towards the
goal of producing a mutually acceptable Disposition and Development Agreement ("DDA"). The ENA
has been negotiated for a 180-day period and may be extended administratively for an additional 90
days as allowed by the ENA terms. During the negotiation period, Kendrew is to prepare:
a
Page 2 of 2
May 7, 2007
Honorable Chairperson &Agency Board
Execution of Exclusive Negotiation Agreement Between the City of Azusa Redevelopment Agency and Kendrew
Development Company, LLC for the Northeast Corner of Azusa and Arrow Project
1. A proposed complete conceptual development plan for the Project on the Property that
describes and depicts: (1) the location and placement of proposed buildings and (2) the
architecture and elevations of the proposed buildings;
2. Any proposed zoning change or changes to the City's General Plan, if any, necessary to
accommodate the Project on the Property;
3. A list of potential users or tenants and anticipated lease rates and resale land prices for the
Property, as developed with the Project;
4. A proposed time schedule and cost estimates for the development of the Project on the
Property;
5. A proposed financing plan identifying financing sources for all private and public
improvements proposed for the Project; and
6. A preliminary financial analysis demonstrating the costs and benefits to the City and the
Agency regarding all construction, maintenance and operations of all proposed public
improvements, the costs of additional or increased levels of public services and any new
public revenues anticipated to be generated by the Project.
FISCAL IMPACT
All expenses incurred by the developer for consultants retained by the developer will be the sole
responsibility of the developer. The developer is also responsible for paying all costs for the
City/Agency to review any applications or other documents submitted by the developer to the City.
As per the ENA, Kendrew will provide to the Agency a $10,000 deposit to defray the Agency's costs.
Should a DDA not be executed for the Azusa/Arrow project, the Agency will refund the $10,000
deposit to Kendrew. Any other financial terms and conditions of the Azusa/Arrow project will be
determined as part of the DDA negotiation process.
Attachment:
Exclusive Negotiation Agreement
Conceptual Site Plan
BAC:J EO/cs
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
NEGOTIATION AGREEMENT
(Northeast Corner of Azusa Avenue and Arrow Highway Project)
THIS NEGOTIATION AGREEMENT ("Agreement") is dated as of May 7, 2007, for reference
purposes only, and is entered into by and between the Redevelopment Agency of the City of Azusa, a
public body corporate and politic ("Agency"), existing and acting pursuant to the California Community
Redevelopment Law (Health and Safety Code Sections 33000, et seg.) ("CRL"), and Kendrew
Development Company, LLC, a California limited liability company ("Developer"), to provide a
specified period of time to attempt to negotiate a disposition and development agreement. The Agency
and the Developer are sometimes referred to in this Agreement individually, as a "Party" and,
collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the
following recited facts(each, a"Recital"):
RECITALS
A. The City of Azusa, California ("City"), approved and adopted the redevelopment plan
("Redevelopment Plan") for the for the redevelopment project area ]mown as the "Merged Central
Business District Redevelopment Project Area" covering a certain geographic area within the City
("Project Area"); and
B. The Agency has adopted owner participation rules ("OP Rules") and an implementation
plan ("Implementation Plan")for the Project Area; and
C. Certain third parties own certain real property located within the Project Area and
generally located at the northeast comer of Azusa Avenue and Arrow Highway and more specifically
described in the legal description attached to this Agreement as Exhibit "A" ("Property") and
incorporated into this Agreement by this reference; and
D. The Developer has proposed the redevelopment of the Property as a retail and restaurant
center, as generally .depicted in the conceptual site plan and elevations attached to this Agreement as
Exhibit`B" and incorporated into this Agreement by this reference("Projecf'); and
E. The intent of both the Agency and the Developer in entering into this Agreement is to
establish a specific, limited period of time to negotiate regarding a future agreement between them
governing the potential acquisition of the Property and development of the Project on the Property, all
subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated
and documented in a future disposition and development agreement("DDA").
NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE AGENCY
RELATING TO THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN AND THE
PROMISES OF THE AGENCY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE
AGENCY AND THE DEVELOPER AGREE,AS FOLLOWS:
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and
are incorporated into this Agreement, in their entirety,by this reference.
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RV PUB\KV ARNER\728535.1
2. Deposits.
(a) Concurrent with the Developer's execution of this Agreement, the Developer
shall pay to the Agency a deposit in the amount of Ten Thousand Dollars ($10,000) in immediately
available funds ("Initial Deposit")to ensure that the Developer will proceed diligently and in good faith to
fulfill its obligations under this Agreement during the Negotiation Period (as defined in Section 3(a)), as
part of the consideration for the Agency's agreement not to negotiate with other persons during the
Negotiation Period, and to defray certain costs of the Agency in pursuing the contemplated negotiations
with the Developer during the Negotiation Period, pursuant to this Agreement. The Initial Deposit shall
be refunded to the Developer should the Agency and Developer not execute a DDA.
(b) Upon each extension of the Negotiation Period occurring pursuant to the
provisions of Section 3(b), if any, the Developer shall deposit an additional Five Thousand Dollars
($5,000) in immediately available funds with the Agency on the first day of any extension of the
Negotiation Period occurring pursuant to the provisions of Section 3(b) (each, an "Extension Deposit").
Each Extension Deposit is intended to ensure that the Developer will proceed diligently and in good faith
to fulfill its obligations under this Agreement during any extension of the Negotiation Period, as part of
the consideration for the Agency's agreement not to negotiate with other persons during any such
extension of the Negotiation Period, and to defray certain costs of the Agency in pursuing the
contemplated negotiations with the Developer during any such extension of the Negotiation Period,
pursuant to this Agreement. Each Extension Deposit shall be refunded to the Developer should the
Agency and Developer not execute a DDA.
3. Term of Agreement.
(a) The rights and duties of the Agency and the Developer established by this
Agreement shall commence on the first date on which all of the following have occurred (the "Effective
Date"): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery
of such executed Agreement to the Agency, (2) payment of the Initial Deposit to the Agency by the
Developer, in accordance with Section 2(a), and (3) approval of this Agreement by the Agency governing
body and execution of this Agreement by the authorized representative(s) of the Agency and delivery of
such executed Agreement to the Developer. The Agency shall deliver a fully executed counterpart
original of this Agreement to the Developer, within ten (10) calendar days following the Agency
governing body's approval of this Agreement, if approved, and the execution of this Agreement by the
authorized representative(s) of the Agency. This Agreement shall continue in effect for the period of one
hundred eighty (180) consecutive calendar days immediately following the Effective Date ("Negotiation
Period"), subject to the limitations of Sections 3(b).
(b) The Negotiation Period may be extended upon the mutual written agreement of
the Agency's Executive Director and the Developer for no more than one (1) additional consecutive
ninety (90)calendar day period. Notwithstanding the immediately preceding sentence or any other part of
this Agreement, in no event shall the Negotiation Period exceed two hundred seventy (270) consecutive
calendar days from the Effective Date.
(c) This Agreement shall automatically expire and be of no further force or effect at
the end of the Negotiation Period, unless, prior to that time, both the Agency and the Developer approve
and execute a separate DDA acceptable to both the Agency and the Developer, in their respective sole and
absolute discretion, in which case this Agreement will terminate on the effective date of such DDA.
2
R V PUBQCV ARNERV 28535.1
4. Obligations of Developer. During the Negotiation Period, the Developer shall proceed
diligently and in good faith to develop and present to Agency staff and, subsequently, to the Agency
governing body, for review, all of the following:
(a) A proposed complete conceptual development plan for the Project on the
Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the
architecture and elevations of the proposed buildings;
(b) Any proposed zoning change or. changes to the City's General Plan, if any,
necessary to accommodate the Project on the Property;
(c) A list of potential users or tenants and anticipated lease rates and resale land
prices for the Property, as developed with the Project;
(d) A proposed time schedule and cost estimates for the development of the Project
on the Property;
(e) A proposed financing plan identifying financing sources for all private and public
improvements proposed for the Project; and
(f) A preliminary financial analysis demonstrating the costs and benefits to the City
and the Agency regarding all construction, maintenance and operations of all proposed public
improvements, the costs of additional or increased levels of public services and any new public revenues
anticipated to be generated by the Project.
5. Negotiation of DDA. During the Negotiation Period, the Agency and the Developer
shall negotiate diligently and in good faith to negotiate a DDA between them. The Agency and the
Developer shall generally cooperate with each other and supply such documents and information as may
be reasonably requested by the other to facilitate the conduct of the negotiations. Both the Agency and
the Developer shall exercise reasonable efforts to complete discussions relating to the terms and
conditions of a DDA and such other matters, as may be mutually acceptable to both the Agency and the
Developer, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be
determined during the course of these negotiations. Nothing in.this Agreement shall be interpreted or
construed to be a representation or agreement by either the Agency or the Developer that a mutually
acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement
shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this
Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any
proposed DDA that may be negotiated by Agency staff and the Developer will be approved by the
Agency governing body. The Developer acknowledges and agrees that the Agency's consideration of any
DDA is subject to the sole and absolute discretion of the Agency governing body and all legally required
public hearings, public meetings,notices, factual findings and other determinations required by law.
6. Restrictions Against Change in Ownership, Management and Control of Developer
and Assignment of Agreement.
(a) The qualifications and identity of the Developer and its principals are of
particular concern to the Agency. It is because of these qualifications and identity that the Agency has
entered into this Agreement with the Developer. During the Negotiation Period, no voluntary or
involuntary successor-in-interest of the Developer shall acquire any rights or powers under this
Agreement, except as provided in Section 6(c).
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RV PUBIKV ARNER\728535.1
(b) The Developer shall promptly notify the Agency in writing of any and all
changes whatsoever in the identity of the business entities or individuals either comprising or in Control
(as defined in Section 6(d)) of the Developer, as well as any and all changes in the interest or the degree
of Control of the Developer b any such person, of which information the Developer or any of its
P Y
shareholders, partners, members, directors, managers or officers are notified or may otherwise have
knowledge or information. Upon the occurrence of any significant or material change, whether voluntary
or involuntary, in ownership, management or Control of the Developer (other than such changes
occasioned by the death or incapacity of any individual) that has not been approved by the Agency, prior
to the time of such change, the Agency may terminate this Agreement, without liability to the Developer
or any other person, by sending written notice of termination to the Developer, referencing this Section
6(b).
(c) The Developer may assign its rights under this Agreement to an Affiliate (as
defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the obligations of
the Developer under this Agreement in a writing reasonably satisfactory to the Agency, and further
provided that Kendrew Development Company, LLC, a California limited liability company, shall, at all
times, Control any such Affiliate and be responsible and obligated directly to the Agency for performance
of the Developer's obligations under this Agreement.
(d) For the purposes of this Agreement, the term "Affiliate" means any person,
directly or indirectly, controlling or controlled by or under common control with the Developer, whether
by direct or indirect ownership of equity interests, by contract, or otherwise. for the purposes of this
agreement, "Control" means possession, directly or indirectly, of the power to direct or cause the
direction of the management and policies of an entity, whether by ownership of equity interests, by
contract, or otherwise.
7. Developer Obligations to Review Draft Agreements and Attend Meetings.
(a) During the Negotiation Period, the Developer shall diligently review and
comment on drafts of a DDA prepared by the Agency's legal counsel and, if the terms and conditions of
such a DDA are agreed upon between Agency staff and the Developer, submit the DDA fully executed by
the authorized representative(s) of the Developer to the Agency Executive Director for submission to the
Agency governing body for review and approval or disapproval. Any future DDA shall consist of terms
and conditions acceptable to both the Developer and the Agency governing body, in their respective sole
and absolute discretion.
(b) During the Negotiation Period, the Developer shall also keep Agency staff
advised on the progress of the Developer in performing its obligations under this Agreement, on a regular
basis or as requested by Agency staff, including, without limitation, having one or more of the
Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and
planning of the Project and the progress of negotiation of a DDA, such that such person(s) can
meaningfully respond to Agency and/or Agency staff questions regarding the progress of the design and
planning of the Project or the negotiation of a DDA, attend both: (1) monthly meetings with Agency
staff, as reasonably scheduled by Agency staff during the Negotiation Period (each, a "Monthly
Meeting"), and (2) meetings of the Agency governing body, when reasonably requested to do so by
Agency staff.
8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers,
architects, financial consultants, legal, planning or other consultants or contractors, retained by the
Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning
and/or design activities, drawings, specifications or other activity or matter relating to the Property or the
4
RV PUB\KV ARNER\728535.1
Project or negotiation of a DDA that may be undertaken by the Developer during the Negotiation Period,
pursuant to or in reliance upon this Agreement or in the Developer's discretion, regarding any matter
relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the
sole cost and expense of the Developer and no such activity or matter shall be deemed to be undertaken
for the benefit of, at the expense of or in reliance upon the Agency. The Developer shall also pay all fees,
charges and costs, make all deposits and provide all bonds or other security associated with the
submission to and processing by the City and/or the Agency of any and all applications and other
documents and information to be submitted to the City and/or the Agency by the Developer pursuant to
this Agreement or otherwise associated with the Project. The Agency shall not be obligated to pay or
reimburse any expenses, fees, charges or costs incurred by the Developer in pursuit of any study, analysis,
evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings,
specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA
that may be undertaken by the Developer during the Negotiation Period, whether or not this Agreement is,
eventually, terminated or extended or a DDA is entered into between the Agency and the Developer, in
the future.
9. Agency Not To Negotiate With Others.
(a) During the Negotiation Period, the Agency and Agency staff shall not negotiate
with any other person regarding the sale or redevelopment of the Property, except owners of or business
tenants occupying property within the Project Area, as provided for in the Redevelopment Plan. The term
"negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person
other than the Developer, regardless of how initiated, with respect to that person's redevelopment of the
Property to the total or partial exclusion of the Developer from redeveloping the Property, without the
Developer's written consent, subject to the provisions of Section 9(b) and further provided that the
Agency may receive and retain unsolicited offers regarding redevelopment of the Property, but shall not
negotiate with the proponent of any such offer during the Negotiation Period; provided, however, that the
Agency may discuss the fact that the Agency is a party to this Agreement.
(b) Implementation of the Redevelopment Plan shall be and remain in the sole and
exclusive purview and discretion of the Agency. Nothing in this Agreement shall limit, prevent, restrict
or inhibit the Agency from providing any information in its possession or control that would customarily
be furnished to persons requesting information from the Agency concerning the Agency's activities, goals,
matters of a similar nature relating to implementation of the Redevelopment Plan or as required by law to
be disclosed, upon request or otherwise.
(c) The Developer acknowledges and agrees that the Agency has certain obligations
pursuant to CRL, the Redevelopment Plan, the Implementation Plan and the OP Rules to solicit and
consider proposals from owners of real property located within the Project Area for redevelopment of
their real property and that nothing in this Agreement shall limit the Agency's solicitation or
consideration of such proposals, including, without limitation, proposals for redevelopment of all or any
portion of the Property from an owner or owners or real property comprising the Property.
10. Acknowledgments and Reservations.
(a) The Agency and the Developer agree that, if this Agreement expires or is
terminated for any reason, or a future DDA is not approved and executed by both the Agency and the
Developer, for any reason, neither the Agency nor the Developer shall be under any obligation, nor have
any liability to each other or any other person regarding the sale or other disposition of the Property or the
redevelopment of the Project or the Property.
5
RVPUB\KV ARNER\728535.1
(b) The Developer acknowledges and agrees that no provision of this Agreement
shall be deemed to be an offer by the Agency, nor an acceptance by the Agency of any offer or proposal
from the Developer for the Agency to convey any estate or interest in the Property to the Developer or for
the Agency to provide any financial or other assistance to the Developer for redevelopment of the Project
or the Property.
(c) The Developer acknowledges and agrees that the Developer has not acquired,nor
will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal
property from the Agency.
(d) Certain development standards and design controls for the Project may be
established between the Developer and the Agency, but it is understood and agreed between the Agency
and the Developer that the Project and the redevelopment of the Property must conform to all Agency,
City and other applicable governmental development, land use and architectural regulations and
standards. Drawings, plans and specifications for the Project shall be subject to the approval of the
Agency and the City, through the standard development application process for redevelopment projects
within the Project Area. Nothing in this Agreement shall be considered approval of any plans or
specifications for the Project or of the Project itself by either the Agency or the City.
(e) The Agency reserves the right to reasonably obtain further information, data and
commitments to ascertain the ability and capacity of the Developer to lease, develop and operate the
Property and/or the Project. The Developer acknowledges that it may be requested to make certain
financial disclosures to the Agency, its staff, legal counsel or other consultants, as part of the financial due
diligence investigations of the Agency relating to the potential sale of the Property and redevelopment of
the Project on the Property by the Developer and that any such disclosures may become public records.
The Agency shall maintain the confidentiality of financial information of the Developer to the extent
allowed by law, as determined by the City Attorney.
(f) The Agency shall not be deemed to be a Party to any agreement for the
acquisition of, lease of or disposition of real or personal property, the provision of financial assistance to
the Developer or development of the Project on the Property or elsewhere, until the terms and conditions
of a complete future DDA are considered and approved by both the City Council and the Agency
governing body, in their respective sole and absolute discretion, following the conclusion of one or more
duly noticed public hearings, as required by law. The Developer expressly acknowledges and agrees that
the Agency will not be bound by any statement, promise or representation made by Agency staff or
representatives during the course of negotiations of a future DDA and that the Agency shall only be
legally bound upon the approval of a complete DDA by both the City Council and the Agency governing
body, in their respective sole and absolute discretion, following one or more duly noticed public hearings,
as required by law.
11. Nondiscrimination. The Developer shall not discriminate against nor segregate any
person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap,
national origin or ancestry in undertaking its obligations under this Agreement.
12. Limitation on Damages and Remedies.
(a) THE DEVELOPER AND THE AGENCY ACKNOWLEDGE THAT IT IS
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES
THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS
AGREEMENT BY THE AGENCY. HAVING MADE DILIGENT BUT UNSUCCESSFUL
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ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE. DEVELOPER WOULD SUFFER
UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY, THE DEVELOPER AND THE
AGENCY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES IN
SUCH EVENT IS TEN THOUSAND DOLLARS ($10,000) (THE "LIQUIDATED DAMAGES
AMOUNT"), THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY, THE
AGENCY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND
THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES
AMOUNT SHALL BE THE DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM
ANY BREACH OF THIS AGREEMENT BY THE AGENCY.
Initials of Authorized Initials of Authorized
Representative of Agency Representative of Developer
(b) THE AGENCY AND THE DEVELOPER EACH ACKNOWLEDGE AND
AGREE THAT THE AGENCY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT
WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY
RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND
PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE AGENCY AND
THE DEVELOPER AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND
REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE AGENCY IS TO TERMINATE
THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT.
(c) THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE
MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.
(d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS
THE INTENTION OF THE DEVELOPER TO BE BOUND BY.THE LIMITATION ON DAMAGES,
RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND THE DEVELOPER
HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE AGENCY FOR MONETARY
DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED
TO ANY BREACH OF THIS AGREEMENT, EXCEPT RECEIPT OF THE LIQUIDATED DAMAGES
AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR
UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE
DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION
1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR
FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND
REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS
SECTION 12.
7
RV PUBLIC V ARNER\728535.l -
Initials of Authorized Initials of Authorized
Representative of Agency Representative of Developer
13. Default.
(a) Failure or delay by either Party to perform any material term or provision of this
Agreement shall constitute a default under this Agreement. If the Party who is claimed to be in default by
the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after
receipt of written notice specifying such default, such Party shall not be in default under this Agreement.
The notice and cure period provided in the immediately preceding sentence shall not, under any
circumstances, extend the Negotiation Period. If there are less than fifteen (15) days remaining in the
Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced
to the number of days remaining in the Negotiation Period.
(b) The Party claiming that a default has occurred shall give written notice of default
to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall
have no right to exercise any remedy for a default under this Agreement, without first delivering written
notice of the default.
(c) Any failure or delay by a Party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
(d) If a default of either Party remains uncured for more than fifteen (15) calendar
days following receipt of written notice of such default, a "breach' of this Agreement by the defaulting
Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and
exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving
written notice of termination on the Party in breach and, in the case of a breach by the Agency, the
Developer shall also be entitled to receive the Liquidated Damages Amount.
14. Compliance with Law. The Developer acknowledges that any future DDA, if approved
by the governing body of the Agency, will require the Developer (among other things) to carry out the
development of the Project in conformity with all applicable laws, including all applicable building,
planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws.
15. Press Releases. The Developer agrees to obtain the approval of the Agency Executive
Director or his or her designee or successor in function of any press releases Developer may propose
relating to the lease or redevelopment of the Property or negotiation of a DDA with the Agency, prior to
publication.
16. Notice. All notices required under this Agreement shall be presented in person, by
nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or
registered United States Mail,with return receipt requested,to the address and/or fax number for the Party
set forth in this Section 16. Notice shall be deemed confirmed by United States Mail effective the third
(3rd) business day after deposit with the United States Postal Service. Notice by personal service or
nationally recognized overnight delivery service shall be effective upon delivery. Either Party may
change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to
courtesy copy recipients shall not be required for valid notice to a Party.
8
RVPUB\KVARNER\728535.1
TO DEVELOPER: Kendrew Development Company, LLC
8311 Haven Street, Suite 200
Rancho Cucamonga, California 91730
Attention: Daniel Richards
Facsimile: (909) 987-8183
TO AGENCY: The Redevelopment Agency of the
City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: Executive Director
Facsimile: (626) -
COPY TO: Best Best&Krieger,LLP
3750 University Avenue
Riverside, California 92501
Attention: Kevin K. Randolph
Facsimile: (951) 686-3083
17. Warranty Against Payment of Consideration for Agreement. The Developer
warrants that it has not paid or given, and will not pay or give, any third party any money or other
consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17,.shall not
include persons to whom fees are paid for professional services, if rendered by attorneys, financial
consultants, accountants, engineers, architects and other consultants, when such fees are considered
necessary by the Developer.
18. Acceptance of Agreement by Developer. The Developer shall acknowledge its
acceptance of this Agreement by delivering to the Agency three (3) original counterpart executed copies
of this Agreement signed by the authorized representative(s) of the Developer.
19. Counterpart Originals. This Agreement may be executed by the Agency and the
Developer in multiple counterpart originals, all of which together shall constitute a single agreement.
20. No Third-Party Beneficiaries. Nothing in this Agreement is intended to benefit any
person or entity other than the Agency or the Developer.
21. Governing Law. The Agency and the Developer acknowledge and agree that this
Agreement was negotiated, entered into and is to be fully performed in the City of Azusa, California. The
Agency and the Developer agree that this Agreement shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California, without application of such
laws' conflicts of laws principles.
22. Waivers. No waiver of any breach of any term or condition contained in this Agreement
shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other
term or condition contained in this Agreement. No extension of the time for performance of any
obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this
Agreement shall be enforceable against the Agency or the Developer, unless made in writing and
executed by both the Agency and the Developer.
23. Construction. Headings at the beginning of each section and sub-section of this
Agreement are solely for the convenience of reference of the Agency and the Developer and are not a part
9
RV PUB\KV ARNER\728535.1
of this Agreement. Whenever required by the context of this Agreement, the singular shall include the
plural and the masculine shall include the feminine and vice versa. This Agreement shall not be
construed as if it had been prepared by one or the other of the Agency or the Developer, but rather as if
both the Agency and the Developer prepared this Agreement. Unless otherwise indicated, all references
to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this
Agreement and incorporated into this Agreement by this reference. If the date on which the Agency or
the Developer is required to take any action pursuant to the terms of this Agreement is not a business day
of the Agency,the action shall be taken on the next succeeding business day of the Agency.
24. Attorneys' Fees. If either Party hereto files any action or brings any action or
proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to
recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the
court, in such action or proceeding or in a separate action or proceeding brought to recover such
attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the
case of Agency, salaries and expenses of the lawyers employed by Agency (allocated on an hourly basis)
wbo may provide legal services to Agency in connection with the representation of Agency in any such
matter.
[Signatures on following page]
10
RV PUB\KV ARNER\728535.1
IN WITNESS WHEREOF, the Agency and the Developer have executed this Negotiation
Agreement on the dates indicated next to each of the signatures of their authorized representatives, as
appear below.
DEVELOPER:
KENDREW DEVELOPMENT COMPANY, LLC
Dated: By:
Daniel W. Richards
President
AGENCY:
THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA
Dated: By:
Francis Delach
Executive Director
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM:
BEST BEST&KRIEGER, LLP
By:
Agency Counsel
11
RV PUB\KV ARNER\728535.1
EXHIBIT"A"
TO
NEGOTIATION AGREEMENT
Property Legal Description
EXHIBIT A
RV PUB\KV ARNER\728535.1
EXHIBIT`B"
TO
NEGOTIATION AGREEMENT
Project Description
[To Be Attached Behind This Cover Page]
EXHIBIT B
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KENDREW DEVELOPMENT
Company Overview:
Kendrew Development has been actively developing and investing in commercial
real estate for over 25 years. Its principals have been responsible for the
successful development, redevelopment, and repositioning of over 1,300,000
square feet of retail, office and industrial buildings over the past five years. We
have successfully developed and marketed over 4,000 residential lots and
managed the acquisition of over 3,500 multi-family units for various clients.
We have a history of real estate development, management, leasing & sales
dating back to 1982. The experience and know-how learned over the last three
decades forms the basis of our core competencies and provides us with a'
foundation for success in each of our markets as a stand-alone, private
company. The decades of experience in developing and managing income
producing properties has provided us with the expertise to identify and capitalize
on opportunities across the broad in the real estate marketplace.
Our fundamental goal is ground up development and redevelopment in the
Southern California sub-market. Company earnings arise from recurring net
operating income from stabilized properties and gains on sales of real estate.
Capital funds have been privately raised since the company's inception and we
have standing credit lines with lending institutions such as First Private Bank and
Trust and Citizens Business Bank. Permanent Financing sources include both
public and private pension funds and insurance companies such as American
United Life Insurance. We have never defaulted on a loan.
We have partnered with several Redevelopment Agencies including recent
projects in the City of Ontario and West Covina. The sites have included parcels
owned by various Agencies and private parties. We have been down the
challenging road of redevelopment projects and have overcome both eminent
domain issues and CEQA challenges. These efforts have been by recognized by
City, County and State Agencies with numerous awards and citations for
excellence at our firm.
8311 HAVEN AVE I SUITE 200 1 RANCHO CUCAMONGA,CA 1909.980.6868 OFFICE 1909.987.8183 FAX
AKENDREW DEVELOPMENT
Recent Proiects:
The Curve
West Covina, CA -
Tenants:
f
Islands Fine Burgers
Pick Up Stix
Chipotle
Johnny Carinos Italian RestaurantI r Y_
fj
lF
The Colonies Crossroads
Upland, CA
Major Tenants: Now NOWI Now,
Target OrFN! P _ _ p
OPEN.
TarFREEWAY
g _ u� PLEASING!
Albertsons
Home Depot [f15; Jut1xFs
Bed Bath & Beyond
Chicks Sporting Goods
Bank of America
Washington Mutual CONS RUC7DON
.Wells Fargo ,� w,• na,
Starbucks
8311 HAVEN AVE I SUITE 200 1 RANCHO CUCAMONGA.CA 1909.980.6868 OFFICE 1909.987.8183 FAX
AKENDREW DEVELOPMENT
Hyssop Industrial Park
9242-9272 Hyssop Drive
Rancho Cucamonga, CA
Industrial Condominium Park
4 Units - 50,901 Square Feet
ah2 Npcp
3.7SF x5remwuea-G<pbp e
0ft
' LnVpY-SPl sl
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A',S SF a42NMI capivea4.7zE p
3 office wcnvnea rna3-,as+c � �.�.—
f,99 SF vye% earea-97Me J�:
_ urmvn�-xuzea -
7,7621SF
lI lAceL urc�mnri -its ._ ose
8311 HAVEN AVE I SUITE 200 1 RANCHO CUCAMONGA, CA 909.980.6868 OFFICE 909.987.8183 FAX
4APKENDREW DEVELOPMENT
Current Promects:
00 Concours - - �.
Ontario, CA
r
3-Story 63,000 SF Office Building
Anticipated • • • 11
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8161 Rochester Boulevard
< tr
Rancho Cucamonga, / f
��'` �� a sed,. '•� •r�y�„ J�
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2-Story 41111 SF Office Building ,fir�ppw•�� .��( �`'� -'t s` ~F
Anticipated G'
1111 HAVEN AVE I IUITI
100 1 RANCHO CUCAMONGA,CA 109*110,1111 OIIICI .1.9
N:
KENDREW DEVELOPMENT
Foothill Boulevard & Rochester Boulevard
Rancho Cucamonga
2 Full-Service Sit Down Restaurants
1 Multi-Tenant Restaurant Building
1 Drive-Thru Restaurant
1 Drive-Thru Bank
x
Anticipated Construction Start: August 15, 2007
101 N. Barranca Avenue
West Covina, CA
Stand Alone Starbucks Drive-Thru
Under Construction +"
- i::rt •i i •+ irr a WNW
;4-fir
8311 HAVEN AVE i SUITE 200 1 RANCHO CUCAMONGA, CAI 909.980.6868 OFFICE 1 909.987.8183 FAX
r
KENDREW DEVELOPMENT
11799 & 11809 Jersey Boulevard
Rancho Cucamonga, CA
Two 22,000 SF Industrial Buildings
Under Construction
PC
it
3 e
8311 HAVEN AVE I SUITE 2001 RANCHO CUCAMONGA,CA 909.980.6868 OFFICE 909.987.8183 FAX
.of:
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CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,APRIL 16,2007-9:13 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: GONZALES,CARRILLO,MACIAS, ROCHA
ABSENT: DIRECTORS: HANKS
ALSO PRESENT. Also Present
General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Person,City
Department Heads, Secretary Mendoza, Deputy Secretary Toscano.
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLYAT 9:13 P.M. Cncl/CRAjoint
TO CONSIDER THE FOLLOWING: Item
Notice of Completion for CIP Project #D97049/D60654 Pedestrian Breezeway. Moved by NOC Ped
Councilmember/Director Carrillo, seconded by Councilmember/Director Macias and Breezeway
unanimously* carried to accept the Pedestrian Breezeway Improvements as complete and
authorize staff to file Notice of Completion with the Los Angeles County Recorder.
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:14 P.M. CnCVCRA con
The CONSENT CALENDAR consisting of items F-1 through F-3 was approved by motion of Consent Cal.
Director Carrillo, seconded by Chairman Rocha and unanimously* carried. Approved
1. Minutes of the regular meeting of April 2,2007,and the adjourned meeting of March 26, Min approved
2007,were approved as written.
2. The Professional Service Contracts Quarterly Report for period of January 1,2007 through Pro Svs
March 31, 2007,were reviewed and filed. Qrtly Rpts
3. The following Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAALLOWING Res. 07-R 12
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants
FUNDS.
It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:15 P.M.
SECRETARY
NEXT RESOLUTION NO. 07-R13
NEXT ORDINANCE NO.07-ROI
• Indicates Hanks absent.
U,OF•q,tN
CITY OF AZUSA
s
MINUTES OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY
SPECIAL MEETING
MONDAY,APRIL 23,2007—8:40 P.M.
The City Council and the Redevelopment Agency Board Members of the City of Azusa met in
adjourned session at the above date and time in the Azusa Light and Water Conference Room,
located at 729 N.Azusa Avenue,Azusa.
Mayor/Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS, ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Manager/Executive Director Delach,Assistant City Manager/Assistant Executive Director
Person, Economic Development Director Coleman, Tierra West Consultants Jose Ometeotl,
and Mike Garcia,Secretary/City Clerk Mendoza,Deputy Secretary/Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
None. None
CITY COUNCIL AGENDA ITEM Agenda Item
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Requests for
carried that the request for certificates of recognition for Jousce Gonzalez, I I year old who Certificates
won the 2007 junior Olympics and Danny Martinez, 22 year old who won all three of his &Proc approved
boxing matches In Tahiti and request for proclamation for Jesus Is Lord Church in honor of its
13'Anniversary, be approved.
REDEVELOPMENT AGENCY AGENDA ITEM Redev Item
Redevelopment Plan Amendment Workshop. Economic Development Director Coleman Redevelopment
addressed the Issue stating that the 2007 Redevelopment Plan Amendment will include adding Plan Amend
territory to the redevelopment project area and increasing the tax increment cap; that the Workshop
process has begun as follows: on February 28"' the Planning Commission approved the
Preliminary Plan as well as the Agency Board on March 5' and they are beginning the
Environmental Impact Report and receiving comments from outside agencies.
Mr.Mike Garcia of Tierra West addressed the issue presenting the proposed Plan Amendment M. Garcia
and the Community Guide to Redevelopment. He detailed the history of redevelopment which Tlerra West
was set up by law In 1945 to allow cities or counties to create redevelopment agencies.
Redevelopment encourages new development, creates jobs and generates tax revenues In
declining urbanized areas by developing partnerships between local governments and private
entitles. There are over 400 California cities and counties which have adopted redevelopment
agencies. In 1979 the Health and Safety Code was amended to set aside 20%for Low and
Mode Housing purposes. He stated that the money used to redevelop is obtained through tax
Increment revenue,which is generated as property tax revenue increases in that project area.
The document adopted by ordinance for the redevelopment project is the Redevelopment Plan
which outlines the powers and authority that the Redevelopment Agency has for operating
within that redevelopment area; it gets owner participation rights,methods of relocation and
prescribes what can occur within the area. The tax increment revenue is the main source of
financing that can be utilized when undertaking the redevelopment projects.
Mr.Garcia talked about bond financing to generate money,called debt financing. He talked Garcia
about how tax Increment financing works,how it is shared with other taxing agencies,how to Continued
incur debt, and that tax increment can only be used for necessary revitalization projects; he
noted some uses and benefits. He stated that Azusa's Redevelopment Agency was
established in 1973;the Central Business District was established in 1978 and West End was
established in 1983 and the two projects were merged in 1988 which allows the Agency to
share tax Increments from one project to another. He presented the Redevelopment Plan
Amendment process stating that the properties at 9" and Pasadena are blighted and should be
included in the project area;city/agency owned properties on Dalton Avenue and property at
Paramount and Azusa are being considered to be included,which amount to 26 properties.
The tax increment cap needs to be examined as it is approximately 114 million dollars;to date
they have collected 32 million dollars and they have close to 500 million dollars in projects at
this time; there is a need to Increase the cap. He noted that staff spoke to the County
regarding the request to Increase the cap. He also noted that it will not be used in residential
areas. He displayed maps of the proposed project areas and provided an update on
legislative actions that have taken place during the last year.
Mr. Garcia advised that the following actions will take place during the next few months: Garcia
Senate Bill 53 Amendment will be coming for consideration in May,should be adopted by July Continued
1". Preliminary Report will outline all the physical and economic blight found in the added and
merged project area to allow the addition of territory,look at increasing the tax Increment cap
and the draft redevelopment plan will come shortly after. He stated that since there are no
residential units within the added areas that have low to mod Income there Is no need for a
project area committee, but they will continue community information outreach efforts.
Discussion was held regarding outside agency board appointments and suggestions were given Discusslon
to the City Clerk for formal appointments at a future meeting. Brd Appts
CouncilmembersBoard Members suggested that the second Council meeting in August be Zn°Mtg August
cancelled as well as the Utility Board meeting for that month In order to allow for vacations Cancelled
and that the Utility board meeting could be held In conjunction with the first meeting in August
Council meeting.
City Manager/Executive Director Delach presented tentative dates for Council Orientation and City Mgr
City Tour as follows: May 3r°, 4' and 51h and asked Council to let him know of their Orientation
availability.
Moved by Councilmember/Director Carrillo,seconded by Councllmember/Director Hanks and Adjourn
unanimously carried to adjourn.
TIME ADJOURNMENT:9:28 P.M.
CITY CLERK
NEXT RESOLUTION NO.07-C28 (Council)
NEXT RESOLUTION NO. 07-R13 (Agency)
04/23/07 PAGE TWO
d
WARRANT REGISTER NO. 19
FISCAL YEAR 2006-07 ,
WARRANTS DATED 04/01/07 THROUGH 04/15/07
FOR REDEVELOPMENT AGENCY MEETING OF 05-07-07
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required 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 $ 15,961.63
80-125-CBD CAPITAL PROJECTS FUND 28,858.92
80-135`IWED CAPITAL PROJECTS FUND 1,965.45
80-135-'WED CAPITAL PROJECTS FUND
80-165=618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 400.00
82-125-CBD DEBT SERVICE FUND
82-135=,WED DEBT SERVICE FUND
82-185-'RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $ 47.186.00
SECT ON 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 Azusa
of HP 9000 05/03/07 O P E N H O L D D B LISTING By Entity Nme P 1
IIAr MY 03, 2007, 9:36 PM ---req: RCSE-------leg: GL JLr--lcc: BI-=---jcb: 508283 W1850---pgrn: CH400 <1.34> rpt id: CIEUM02
SELFS.T FCND Codes: 80-82 ; Check Issue Dates: 040107-041507
PE ID PE Narre ACl"LYNP NLMRR / JOB NPNBFR Invoice Mader D_scrinticn St Disc. Ant. Dist. Ant.
V01305 AZ[1SA = FED C 8000000000-3035 2610/0701008FR#8/07 FD 0.00 234.63
PEIDd: 0.00
d: 234.63
Total: 234.63
V00355 AZUSA PAVkYITd AC 8000000000-3001 PR0807 Tis Pbl/Wi FD 0.00 3,976.32
V00355 AZ[6A PAVFr7fS, AC 8000000000-3003 PR0807 Taxes Pal FD 0.00 987.84
V00355 AZf$A PAYfRM AC 8000000000-3005 PR0807 Taxes i FD 0.00 1,205.79
PEID �r�d: 0.00
Paid: 6,169.95
Total: 6,169.95
V07432 2ARP & CLARK 8110155000-6650/505300-6650 17099 532E FaFT PD 0.00 250.00
V07432 BARR & CLARK 8110155000-6650%505300-6650 17195 %532E F= PD 0.00 150.00
PEID d: 0.00
Paid: 400.00
Total: 400.00
V05804 BEST BEST & KRIE 8010135000-6301 540259 2/07 LGLrPRC CLB PD 0.00 821.95
V05804 BEST BEST & FRIE 8010125000-6301/650201-6301 540247 2/ GL
07 IrTP= PD 0.00 117.00
V05804 BEST BEST & FRIE 8010125000-6301/505700-6301 540248 2/07 I(3 r FD 0.00 1,204.95
V05804 BEST RESP & KRB 8010125000-6301/501500-6301 540250 2/07 LGL-= PD 0.00 366.00
V05804 BEST PEST & KRIE 8010125000-6301/505800-6301 540249 2/07 III,- PD 0.00 6,172.85
V05804 BEST BEST & KRIE 8010135000-6301/ 003-6301 538240 1/07 LG[,- N FT) 0.00 1,143.50
V05804 E= BEST & KRIE 8010125000-6340 502801-6340 538239 1/07 LGL M PD 0.00 496.50
V05804 QST BEST & KRIE 8010125000-6301/505800-6301 538240 1/07 LGL N PD 0.00 5,718.60
V05804 BEST BEST & KRB 8010125000-6301/505800-6301 538239 1/07 LGL-MW PD 0.00 462.83
V05804 BEST = & = 8010125000-6301/505700-6301 538239 1/07 LGL- ,[nM PD 0.00 2,111.75
V05804 BEST BFSI' & ME 8010125000-6301/505700-6301 538239 1/07 LC3r�7m PD 0.00 253.50
V05804 BEST BEST & KRIE 8010125000-6301/505700-6301 540250 2/07 LGL PD 0.00 156.00
V05804 BEST BEST & KRIE 8010125000-6301/650201-6301 540250 2/07 LG[,- B PD 0.00 663.00
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 540251 2/07 LGL- N FD 0.00 2,810.52
PEIDCyd: 0.00
Paid: 22,498.95
Total: 22,498.95
V00353 CALPERS 8000000000-2728 03074 Pers Payable FD 0.00 3,305.59
�JY
V00353 CALPERS 8000000000-3070 03074 IIVID RE BACK PD 0.00 29.32
City of Azusa HP 9000 05/03/07 O P E N HOLD D B LISTING By F�Entity Narre 2
MZ 03, 2007, 9:36 AM ---req: ICSE-------leg: Q, JLr--loc: BI-TE]:I-I---job: 508283 ffJ1850---p9»: CII 00 <1.34> rpt id: �02
SEUMT FUND Oodes: 80-82 ; Cha& Issue Dates: 040107-041507
PE ID PE 1,t e ACKSxNi' NUvEEI2 / JCB N1vffiZ ITNo10. Umter Des=pticn St Disc. Arrt. Dist. Art.
PEIDL1 �d: 0.00
Paid: 3,334.91
Total: 3,334.91
V06783 CITISIREEr 8000000000-3010 2310/0701008 /07 PD 0.00 431.20
V06783 CTIISI= 8000000000-3010 2315/0701008 �8/07 PD 0.00 589.83
V06783 CTTISIREET 8000000000-3010 1310/0701008 /07 FD 0.00 383.87
FM d: 0.00
F
Paid: 1,404.90
Total: 1,404.90
V00348 CCN= HEALTH I 8000000000-3054 2435/0701008 PR48/07 m 0.00 19.25
MD d: 0.00
d: 19.25
Total: 19.25
V05993 I.M.P.A.C. = 8010125000-6625/505700-6625 4055016001150222 SPAPLFB/SW6 BI PD 0.00 604.86
V05993 I.M.P.A.C. CI}VI' 8010110000-6235 4055016001150222 H ELS.CJnVS.BEN FD 0.00 338.18
V05993 I.M.P.A.C. CIRTi' 8010110000-6235 4055016001150222 CA REMVECDFMENT PD 0.00 465.00
V05993 I.M.P.A.C. CHIT 8010110000-6625 4055016001150222 AL8FRISa14 PD 0.00 91.17
V05993 I.M.P.A.C. CI3VP 8010125000-6625/505700-6235 4055016001150222 LJS SEARCH PD 0.00 59.95
V05993 I.M.P.A.C. GJVI 8010125000-6625/505700-6235 4055016001150222 LE SF1RI PD 0.00 39.95
11
d: 0.00
Paid: 1,599.11
Total: 1,599.11
V01916 JARA PEITY CASH, 8010110000-6625 040207 CIIIZ Ca\12RSS SU FD 0.00 7.44
V01916 LIMA PETTY CASH, 8010125000-6625/501500-6625 040207 PUB WKS LLI�Ivm PD 0.00 32.35
V01916 JARA FEIN ME' 8010125000-6625/650201-6625 040207 IL FlRr7J RDIM PD 0.00 61.78
PEID Cyd: 0.00
Paid: 101.57
Total: 101.57
V07236 LASER PRINMR SE 8010110000-6493 09640 09640: LAW PD 0.00 90.00
V07236 LASER PRINTER SE 8010110000-6493 09640 09640: PARI FD 0.00 266.24
MID0.00
Paid: 356.24
Clof Azusa HP 9000 05/03/07 O P E N H O L D D B LISTING By PerscWEhtity Nme Paqe 3
TK MAY 03, 2007, 9:36 AM ---req: FESE-------leg: CL JL--1oc: BI-7FXI-I---jcb: 508283 #n850---p9 : CHAOO <1.34> rpt id: GHFLTR02
SECF)rT FCDID C--des: 80-82 ; Check Issue Dates: 040107-041507
PE ID PE Nage ACCCxNI NUEER / JOB NCMER Inwioe Mzber D`s=pticl St Disc. Ant. Dist. Ant.
Tbtal: 356.24
V03126 L= NA a\Z1, 8000000000-3010 1320/0701008 /07 PD 0.00 63.56
V03126 LEL= NAT UZI, 8000000000-3010 2325/0701008 /07 FD 0.00 295.62
V03126 LIIJJJLN NATICbZ1, 8000000000-3010 2320/0701008 /07 PD 0.00 27.64
FEED d: 0.00
Paid: 386.82
Tbtal: 386.82
V03854 LCS AN ES CLAN 8010125000-7015/505800-7015 860802400606000 FMP TW800/802 PD y0.00 3,863.90
PEID ��Pai00
d: 3,863.90
Total: 3,863.90
V07692 MFTFNfIRFJ DESIQV 8010125000-6399/508800-6399 27 PROF SOLS/ER= PD 0.00 1,131.06
PEID LbRid: 0.00
Paid: 1,131.06
Total: 1,131.06
V00540 OFFICE DEFCrH\1C 8010110000-6530 377907594001 574558 aZAR LAB PD 0.00 21.42
V00540 OFFICE DE= Ur 8010110000-6530 378912886001 463752 ASR M 0.00 102.24
PEID d: 0.00
d: 123.66
Total: 123.66
V06713 O= PFNFFrIS A 8000000000-2724 1225/0701008 PR#8/07 FD 0.00 4.68
PEID UjDar d: 0.00
Paid: 4.68
Total: 4.68
V06703 PROFCR4k FRINIIN 8010125000-6625/505800-6625 041007 FCG-MM/L&UW W FD 0.00 2,531.57
PEIDd: 0.00
Paid: 2,531.57
Tbtal: 2,531.57
V04138 M,Tp.SrnR ISE I 8000000000-3053 2215/0701008 PR#8/07 FD 0.00 2.50
City of Azusa HP 9000 05/03/07 O P E N H O L D D B LISTING By Entity Nave Page 4
IIID, WX 03, 2007, 9:36 PM ---reg: RCSE-------leg: GL JL---loc: BI-TFIII---job: 508283 #J1850---pgn: CH400 <1.34> rpt id: C FLTR02
SE= F[DID C--des: 80-82 ; Check Issue Dates: 040107-041507
PE ID FE Nage PLCSLNI NUVE R / JOB N VEER Invoice Mmber D=s=pticn St Disc. Pte. Dist. Ant.
V04138 RELIASTAR IT I 8000000000-3054 2410/0701008 PR#8/07 PD 0.00 1.87
PEID Upaid: 0.00
Paid: 4.37
Total: 4.37
V02371 SPRINP 8010110000-6915 030107 FCS RATA CARDS/F PD 0.00 15.66
PEID Upaid: 0.00
Paid: 15.66
Total: 15.66
V08056 SIAM RZIPPN 8000000000-3044 1255/0701008 PM/07 FD 0.00 180.90
PEID �ilmi d: 0.00
Paid: 180.90
Total: 180.90
V10053 SURD I%7 RAN 8000000000-2725 1221/0701008 PR#8/07 PD 0.00 149.97
PFS Lhuxiid: 0.00
Paid: 149.97
Total: 149.97
V08056 SIAiM IISSURPN 8000000000-2725 1220/0701008 PR48/07 PD 0.00 60.52
PEID Urax : 0.00
'Paid: 60.52
Total: 60.52
V02675 SLATE OF C71LSFCR 8000000000-2724 H2O07040226000 Health Ins P;dnin PD 0.00 10.79
V02675 STATE OF C..L= 8000000000-3051 H2O07040226000 HKN= PWACII FD 0.00 2,454.58
d: 0.00
Paid: 2,465.37
Total.: 2,465.37
V00876 V�:S� WR A 8000000000-3010 nJILA 2335%0701008 pp�g�/07 PD 0.00 50.00
PR#8/07 FD 0.00 98.01
PEIDLkjoaid: 0.00
Paid: 148.01
CSty of Azusa HP 9000 05/03/07 O P E N H O L D D B LISTING By /Entity Nme Page 5
WX 03, 2007, 9:36 AM ---req: R08E-------leg: GL JL---lcc: BI-TDG-I---jcb: 508283 #J1850---pgn: CH 00 <1.34> rpt id: CHFMR02
SE= FLDD ODdes: 80-82 ; ick Issue Dates: 040107-041507`
PE ID PE NEn= AM= NUvl2ER / JOB NCM Z Invoioe Mzber D--s=pticn St Disc. Ant. Dist. Ant.
Total: 148.01
GRAND TOTALd: 0.00
d: 47,186.00
Tbtal: 47,186.00
ORDINANCE NO.
7' 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA RESTATING ARTICLE Vill OF CHAPTER 18 OF THE AZUSA
MUNICIPAL CODE REGARDING GARAGE, YARD AND PATIO SALES
THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Article Vlll of Chapter 18 of the Azusa Municipal Code is hereby
deleted in its entirety and restated to read as follows:
"ARTICLE Vlll. GARAGE, YARD AND PATIO SALES
Sec. 18-531. Definition.
"Garage sale, yard sale or patio sale means a sale of goods, wares or
merchandise from residential property where the public is invited onto such property
to purchase such items and the definition of a garage sale shall include any sale of the
personal belongings of a recently deceased resident of such property even if the sale
of goods, wares or merchandise is entirely from locations within the residential
structure. "Garage sale," "yard sale" or "patio sale" shall hereinafter be referred to as
"garage sale."
Sec. 18-532. Garage Sale Regulations.
No person shall conduct, or allow to be conducted, a garage sale on his or
property whether such property is owner-occupied or leased in violation of the
following regulations:
(a) Garage sales may only be conducted on the first weekend of the months
of June, September, and December and that specific weekend declared by the City to
be the "Clean and Green" weekend. For purposes of this section, "weekend" means
8:00 a.m. Saturday until 6:00 p.m. Sunday.
(b) Garage sales shall be limited to the hours of 8:00 a.m. to 6:00 p.m on
the designated weekends.
(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
signs or devices shall be placed on any private property except one double-faced sign
not to exceed five (5) square feet in area (24 inches by 30 inches) may be displayed
at the site of the sale during the period of time the garage sale permit is in force.
(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."
SECTION 2: If any section, subsection, subdivision, paragraph, sentence,
clause or phrase added by this Ordinance, or any part thereof, is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof irrespective of the fact that any one or more subsections, subdivisions,
paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or
ineffective.
SECTION 3: This Ordinance shall be in full force and effect thirty (30) days
after its passage.
SECTION 4: The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2007.
Joseph R. Rocha
Mayor
Attest:
Vera Mendoza
City Clerk
2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
1, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No 07-0 was duly introduced and placed upon its first reading at a regular
meeting of the City Council of the City of Azusa held on the 16th day of April, 2007,
and that thereafter, said ordinance was duly adopted and passed at a regular meeting
of May 7, 2007, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Vera Mendoza,
City Clerk
Approved as to form:
Best Best &Krieger LLP
City Attorney
3