Loading...
HomeMy WebLinkAboutAgenda Packet - June 18, 2007 - CC * `f P-scrFou�"r AGENDA CITY COUNCIL, THE REDEVELOPMENT AGENCY, AND THE AZUSA PUBLIC FINANCING AUTHORITY AZUSAAUDITORIUM MONDAY, JUNE 18, 2007 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL IOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO MAYOR PRO-TEM COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of theAgenda, shall fill out a card requesting to speak and shaft 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. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.61 Agency.Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: APOA LIABILITY CLAIMS (Gov. Code Sec. 54956.95 Claimant: John Lyda REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 850 W. Tenth Street, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Arthur B. Ramirez, Ramirez Masonry Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec 54956.9(a)) Case Name: Scott Witter v. City of Azusa Worker's Compensation Appeals Board Case No. VN00530133 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. • Call to Order • Pledge to the Flag • Invocation - Pastor Eddie Velasquez of Jesus Is Lord Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speakers questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty(60) minutes time.) B. REPORTS, UPDATES, AND ANNOUNCEMENTS 1. Mayor Rocha- Request for certificate of recognition to Mrs. Barbara Dickerson a recipient of the YWCA Women of Achievement award for her work in the field of education. 2. Library Adult Services Supervisor Shala Shahsavari and Youth Services Librarian Leila Hassen to announce this year's Summer Reading Program, GET A CLUE @ YOUR LIBRARY, to be held from June 25 -August 14. C. SCHEDULED ITEM 1. PUBLIC HEARING - WATER RATE INCREASE. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt Resolution No. 07-C42, approving a 6% water rate adjustment effective July 1, 2007, and a second 6%water rate adjustment effective July 1 , 2009. 2. PUBLIC HEARING-AN APPEAL TO DENYA REQUEST FORA MINOR USE PERMIT MUP 2006- 28, 792-794 EAST ALOSTA AVENUE. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Uphold the Planning Commissions' decision and waive further reading and adopt Resolution No. 07-C43, denying Minor Use Permit No. MUP f 2006-28. 06/18/07 PAGE TWO z CONVENE JOINTLY AS THE CITY COUNCIL, THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY TO CONSIDER THE FOLLOWING: 3. FISCAL YEAR 2007/08 CITY REDEVELOPMENT AGENCY AND AZUSA PUBLIC FINANCING AUTHORITY, BUDGET ADOPTION. RECOMMENDED ACTION: Formally adopt the City's Operating Budget, the Redevelopment Agency's Operating Budget, and the Azusa Public Financing Authority's Operating budget for Fiscal Year 2007/08 (the "Combined Operating Budget"), as proposed at the May 29, 2007 Budget Workshop together with such amendments as desired and adopt the following Resolutions: a. Waive further reading and adopt Resolution No. 07-C44, (City) approving the budget and approving appropriations for the City of Azusa for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008. b. Waive further reading and adopt Resolution No.07-R17, (Agency) approving the budget and approving appropriations for the City of Azusa Redevelopment Agency for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008. c. Waive further reading and adopt Resolution No.07-Pt, (Azusa Public Financing Authority) approving the budget and approving appropriations for the Azusa Public Financing Authority for the Fiscal Year commencing July 1, 2007 and ending June 30, 2008. THE REDEVELOPMENT AGENCYAND THE AZUSA PUBLIC FINANCING AUTHORITY TO RECESS,AND CITY COUNCIL TO CONTINUE. 4. IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE REGARDING THE DEFINITION AND PERMITTED USES, PARKING AND STORAGE OF RECREATIONAL VEHICLES. RECOMMENDED ACTION: Direct the City Attorney to incorporate the recommended changes to the City of Azusa Development Code regarding the definition and permitted uses, parking and storage of recreational vehicles, at its next scheduled revision, as recommended by the Azusa Citizens' Committee for Code Compliance and staff. 5. AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA. ADDING A PROHIBITION CONCERNING RESIDENTIAL FRONT YARD PARKING. RECOMMENDED ACTION: Waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD PARKING 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 individuaOy, it will be considered under SPECL4L CALL /TEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF TUNE 4. 2007, AND THE SPECIAL MEETING OF MAY 10, 2007. RECOMMENDED ACTION: Approve Minutes as written. 06/18/07 PAGE THREE Y 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. INVESTMENT POLICY FOR THE CITY OF AZUSA. RECOMMENDED ACTION: Adopt Resolution No. 07-C45, re-adopting the Investment Policy for the City of Azusa. 4. NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED REFUSE RATE ADJUSTMENT. RECOMMENDED ACTION: (1) Authorize staff to provide notice to all property owners of record of public hearing on August 6, 2007, to consider proposed refuse rate adjustment; and (2) Approve budget amendment in amount of $15,000 to print and mail public notice. 5. ANNUAL NOVELL SOFTWARE MAINTENANCE AND SUPPORT. RECOMMENDED ACTION: Approve and award the Novell Software Maintenance and Licensing Agreement in the amount of $16,812.00 to CDW-G (Computer Discount Warehouse - Government). 6. SIRSI LIBRARY COMPUTER SOFTWARE ANNUAL MAINTENANCE CONTRACT. RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section C, no competitive market, which allows for proprietary services that can only be provided by one source and approve the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $22,805.00. 7. APPROPRIATIONS LIMIT. RECOMMENDED ACTION: Adopt Resolution No. 07-C46, approving the Appropriations Limit of $41,766,817 for the 2007/08 fiscal year. 8. RESOLUTION APPOINTING MEMBERS TO VARIOUS CITY BOARDS AND COMMISSIONS: RECOMMENDED ACTION: Adopt Resolution No. 07-C47, through 07-051. a. Resolution appointing Lalisa C. Morgan to the Human Relations Commission. b. Resolution appointing Napah Phyakul Quach to the Human Relations Commission. c. Resolution appointing Victoria Cruz to the Library Commission. d. Resolution appointing Sandra Rentschler to the Planning Commission. e. Resolution appointing Jorge V. Rosales to the Planning Commission. 9. INTENTION TO VACATE NORTHERN PORTION OF ALLEY LOCATED ON BLOCK 36 BETWEEN FOOTHILL BOULEVARD AND 6T" STREET. RECOMMENDED ACTION: Adopt Resolution No. 07-052, declaring its intention to vacate and abandon a portion of the alley west of Alameda Avenue between Foothill Boulevard and 6"' Street. 10. AUTHORIZATION TO SOLICIT A REQUEST FOR QUALIFICATIONS - LEGISLATIVE LIAISON/LOBBYIST. RECOMMENDED ACTION: Authorize staff to solicit a Request for Qualifications for Legislative Liaison/Lobbyist. 11. AGREEMENT RENEWAL WITH IA WORKS FOR FY 2007/08. RECOMMENDED ACTION: Approve and authorize the City Manager to execute the agreement with LA Works for Fiscal Year 2007/08 in an amount not to exceed $28,929. 06/18/07 PAGE FOUR 12. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-053. CONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY SCHEDULED ITEMS NONE. 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 individual/y, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JUNE 4. 2007. RECOMMENDED ACTION: Approve Minutes as written. 2. INVESTMENT POLICY FOR THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA. RECOMMENDED ACTION: Adopt Resolution No. 07-1118, re-adopting the Investment Policy for the Redevelopment Agency of the City of Azusa. 3. NOTICE OF COMPLETION FOR THE ABATEMENT AND DEMOLITION OF THE BLOCK 36 PROIECT AND FORMER WIMPEY S PAWN SHOP BUILDING: RECOMMENDED ACTION: Accept the Block 36 and Wimpey's Pawn Shop demolition project as complete and authorize staff to file the attached Notice of Completion with the County Recorder's and release contract retention payment to Interior Demolition Construction, Inc. for the Block 36 project in the amount of $14,749.60 and Wimpey's Pawn Shop building in the amount of $3,370.00. 4. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 07-R19. G. AZUSA PUBLIC FINANCING AUTHORITY 1. MINUTES OF THE REGULAR MEETING OF MAY 17, 2007, OF THE AZUSA PUBLIC FINANCING AUTHORITY. RECOMMENDED ACTION: Approve minutes as written. 2. INVESTMENT POLICY FOR THE AZUSA PUBLIC FINANCING AUTHORITY. RECOMMENDED ACTION: Adopt Resolution No. 07-P2, re-adopting the Investment Policy for the Azusa Public Financing Authority. 06/18/07 PAGE FIVE H. ORDINANCES/SPECIAL RESOLUTIONS 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTERS 88.24.005, DISTRICTS: 88.26.005, CORRIDORS: 88.27, OVERLAY ZONES, AND 88.28, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ALLOW RETAIL STORES GREATER THAN 50.000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO). AND INSTITUTIONAL/SCHOOLS (INS) ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED (CASE NUMBER ZCA 225). RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 07-06. 2. AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROTECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809. RECOMMENDED ACTION: %Valve further reading end adopt Ordinance No. 07-07. 3. AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE RANCH CENTER REDEVELOPMENT PROIECT AREA AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 07-08. 1. ADIOURNMENT 1. Adjourn. UPCOMING MEETINGS: June 25, 2007, Utility Board Meeting- 6:30 p.m. Murray Elementary School - 505 E. Renwick Road, Azusa. July 2, 2007, City Council Meeting- 6:30 p.m. (Auditorium) July 16, 2007, City Council Meeting- 6:30 p.m. (Auditorium) July 23, 2007, Utility Board Meeting- 6:30 p.m. (L&W) 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 616-812-5229. Notification three (3) working days prior to the meeting when specia/services are needed wiliassist staffin assuring that reasonable arrangements can be made to provide access to the meeting 06/18/07 PAGE SIX AMNL ILJ FOR IMMEDIATE RELEASE Contact: Walter Hughes June 8, 2007 Rob Charles Dr. Ed Moves Legislation Forward to California Senate Sacramento,CA—California State Assemblymember Dr.Ed Hernandez(D-West Covina)saw several pieces of legislation he has authored or coauthored successfully pass out of the California State Assembly and move on to the Senate this week. "I was energized this week,"said Hernandez"it was really rewarding to know that all the work we have put in on making these bills move forward has brought us to this point. Now we have to focus on seeing them through the Senate." In total,Hernandez successfully pushed through 17 out of 20 bills in his legislative package,including several that have received widespread attention. Assembly Bill 16,which would change the way public immunizations are implemented in California,requires that all vaccines be administered according to the recommendations of the federal Advisory Committee on Immunization Practices(ACIP). The recommendations would be required only after a five year waiting period and subject to approval by California's chief doctor,the State Public Health Officer. "This bill will ensure that our state's immunization policy is not overshadowed by a highly politicized and partisan process,but will instead reflect the best scientific and medical knowledge by tying it to the best standard available,"continued Hernandez,"It will leave the decision as to how and when to implement a vaccine to the public health professionals best qualified to make that determination,while still leaving parents the option to decide whether to immunize their child." Another one of Hernandez'bills that made it through the Assembly this week is AB 1010. This legislation is of critical importance to groundwater cleanup efforts in the San Gabriel Valley and would extend the sunset date of the San Gabriel Basin Water Quality Authority (WQA)to January 1,2017,allowing time for the WQA to further its efforts. "The Water Quality Authority has worked to ensure that we have a safe and reliable source of drinking water for local residents of the San Gabriel Valley,"added Hernandez, "despite the success of the cleanup effort to date,the WQA remains more than$520 million short of accomplishing its mission. We need to take the time to do the job right." i Hernandez also saw his legislation to protect the pay of public employees who were called into active military duty after September 11,2001 move to the Senate. AB 696 will permanently protect special incentive payments to active duty Reservists and National Guard Troops,earned while exposed to hazardous duty or hostile fire,so the state will continue to make up the difference between their pay as public employees and their regular military pay without counting the extra duty payments. "These men and women are putting their lives on the line for their country everyday"said Hernandez,"the least we can do is make certain they get to keep the little extra compensation they get for that sacrifice." Assembly Bill 8,which Hernandez and seven other legislators coauthored with Speaker Fabian Nunez,would expand health care coverage in California to millions of those currently uninsured and also made it out of the Assembly yesterday. "As a health care provider,I have seen far too many times the dire consequences when people who cannot afford health insurance put off preventative care"remarked Hernandez,"It is a tragedy that in this day and age,in this country and this state,people suffer and die simply because they do not have the money to get treatment. This legislation will serve to change all that." Some of Hernandez' other bills moving on to the Senate include:Assembly Bill 1089,which,in response to the ongoing genocide in the Darfur region of Sudan,would prevent the state of California from contracting with companies who do business with the Sudanese government; Assembly Bill 396 would require employers who currently fail to provide health coverage to employees working on public works projects to pay the"health and welfare"portion of the prevailing wage into a state fund created by this bill exclusively to provide health benefits for these workers; Assembly Bill 1269 would help protect the quality of care for people undergoing treatment at inpatient bum centers by increasing the Workers' Compensation reimbursement rate for certain types of bum victims; Assembly Bill 554 would authorize CalPERS to extend prefunding plans for retiree health care to all public agencies. •- • hJOFA�G PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER o./j' FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES" DATE: JUNE 18, 2007 SUBJECT: WATER RATE ADJUSTMENT FOR FISCAL YEARS 2007-2008 AND 2009-2010 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving a 60/6 water rate adjustment effective July 1, 2007, and a second 6% water rate adjustment effective July 1 , 2009. BACKGROUND . In 2006, Azusa Light &Water issued $54.85 million in debt in the form of revenue bonds to pay for construction of a new water treatment plant and other water utility infrastructure. Prior to the issuance of debt, a financial plan was adopted which authorized staff to pursue debt repayment with a series of water rate adjustments commencing with one effective July 1, 2007. The water rate adjustment is now proposed for your consideration and is attached hereto in the form of a resolution. Attached to the resolution is the proposed water rate schedule that was formulated by a third party consultant who examined the need for the water rate adjustment. The consultant, Foresight Consulting, reviewed all costs beginning with the water utility's audited financial reports and forecasted the revenue requirement over the next 5 years. The consultant further examined the Utility's customer base and followed standard rate methodology in conducting the cost of service study to determine how rates should be structured. Two goals of the study were to: (1) ensure costs were allocated equitably according to the cost to serve the different customer classes; and (2) that the proposed rate schedule would generate enough revenue to cover the utility's costs, bond covenants, and reserve requirements over the next 5 years. Because new court cases require that water rates be adjusted during a duly noticed public hearing, City staff has mailed out notices to 21,200 property owners in the water service territory 45 days in advance of this public hearing. As of June 11, 2007, only one written protest has been received; the City Council will be authorized to approve the proposed rate adjustment if a majority protest is not received by the close of the public hearing. The remainder of this report summarizes the consultant study and describes how the proposed water rates were formulated. The first step of the cost of service study was to determine overall revenue requirements of the water utility over the next five years. Several factors were considered in this regard, including operating and non-operating costs, capital improvement costs, debt service and expected growth of the utility's customer base and revenues. Based on these factors, Foresight Consulting projects the following revenue requirement over the next five years: FY 07-08 FY 08-09 FY 09-10 FY 10-11 1 FY I 1-12 $15,553,811 1 $15,520,199 $16,902,733 $20,919,002 $21,573,579 The stepped up increases in FY 2009-2010 and FY 2010-2011, are partly due to increased capital improvement project expenses, partly due to debt service payment requirements of the 2006 Revenue Bonds. Annual debt service is expected to increase from $1 ,553,808 in FY 2007-2008, to $2,053,199 in FY 2009-2010, and to $4,520,170 by FY 2010-2011, at which time debt service levelizes. Capital spending on system maintenance and improvements during this time is also expected to climb from about $4 million to about $5 million annually. In breaking down rates into customer classes, fixed costs and variable costs were identified. Fixed costs include customer service costs, system maintenance, and debt service payments, for example. These costs are recovered through what is referred to as.a meter charge, and these meter charges vary by meter size but are applied at a fixed monthly rate. Since larger meters place more demand on the water system, industry standard hydraulic factors (water flow rates for different size pipes) were used to determine each meter's share of these fixed costs. Following table shows adjusted meter charges based bn cost of service principles: Recomerided'Meter Service Charges mt x� Azusa Li ht&'lNater hs " �+ Current Recommended Meter Service Charges Meter Size Charges FY'07-08 FY-08-09 FY'09-10 5/8-3/4" $11.56 $12.50 $12.50 $13.25 1" $20.11 $17.61 $17.61 $18.67 11/2" $36.93 $30.27 $30.27 $32.09 2" $59.04 $45.53 $45.53 $48.27 3" $112.49 $93.91 $93.91 $99.54 4" $181.77 $157.46 $157.46 $166.91 6" $320.25 $322.80 $322.80 $342.17 F. $463.27 $462.65 $462.65 $490.41 10" $606.45 $742.44 $742.44 $786.98 t2" $757.90 $1,098.44 $1,098.44 $1,164.35 Variable costs include largely those costs associated with water production, such as water treatment, pumping costs and water right lease expenses. These costs are recovered through commodity charges or water usage charges, per hundred cubic feet of water used or "ccf". The percent of water consumption by customer class is the basis for allocating these costs, so that if customers with meters 5/8" - 3/4" in diameter consume 55% of the water, then this class of customers is to bear 55% of the variable cost to produce the water. The table on the next page shows adjusted commodity charges based on cost of service principles. Recommended Commodity Rates bx Azusa-tight&'Water � 4 Current Rates Recommeded Commodity Rates Customer Class Ter Rates I Breakpoints Breakpoints FY-07-08 Fr08-09 FY'09-10 518"- 1"Meters Tier 1 $0.822 17 ccf 18 ccf $0.871 $0.871 $0.924 Tier $1.300 -- - $1.378 $1.378 $1.461 1.5"-2" Meters Ter 1 $0.822 50 ccf 130 ccf $0.871 $0.871 $0.924 Tier2 $1.300 -- - $1.378 -$1.378 $1.461 3"-4"Meters Tier 1 $0.822 .200 ccf 670 ccf $0.871 $0.871 $0.924 Tier $1.300 -- - $1.378 $1.378 $1.461 6"- 10"Meters Tier 1 $0.822 600 ccf 13,000 ccf $0.871 $0.871 $0.924 Tier2 $1.300 -- $1.378 $1.378 $1.461 Rate Increases-Financial Plan 6.0% 0.0% 6.0% As may be noted from studying the above two tables, the proposed rates shift a greater portion of fixed costs to customers with 5/8" - 3/4" meters; also, because of the change in the breakpoints of the current two tier system, those with higher water usage will actually see some reduction in their overall water rates, again, because those rates are what is required to reflect the cost to serve the respective customer class. Tables comparing rates of different meter sizes at different levels of consumption are included in attached study report and a more detailed explanation is included in the section of the attached report on the methodology used to formulate'proposed rates. FISCAL IMPACT The proposed 6% rate adjustment effective July 1, 2007, is expected to add about $872,000 annually to the water utility metered service fees, and the 6% rate adjustment effective July 1, 2009, is expected to add about $960,000 annually to the water utility metered service fees. These additional revenues will meet the debt coverage requirements of existing bond covenants and are expected to provide adequate reserve levels for the water utility, with a forecasted cash balance of $18.1 million at the end of FY 2010-2011 . Prepared by: Cary lUscheuer, Assistant to the Director of Utilities Attachments: L :I Reso-NewWaterRate Final Report Survey6arChart.doc s.pdf 4-17-07.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, TO ADOPT NEW WATER RATES EFFECTIVE JULY 1, 2007, AND JULY 1, 2009. WHEREAS, the Year 2000 Water System Master Plan Update recommended that the City construct a new water treatment plant to meet stricter environmental regulations and the water production needs of a growing community; and WHEREAS, on October 23, 2006, the City Council, acting in its capacity as the Azusa Utility Board, approved Resolution No. 06-C101 authorizing the issuance of $55 million in revenue bonds to finance construction of the new water treatment plant and other water utility infrastructure; and WHEREAS, on December 20, 2006, the City of Azusa issued $54.85 million in revenue bonds, hereinafter "2006 Revenue Bonds" to pay for construction of a new water treatment plant and other water utility infrastructure; and WHEREAS, Resolution No. 06-C101 authorized staff to pursue debt service repayment through water rate adjustments subject to compliance with Proposition 218 and third party review of the reasonableness of proposed rate adjustments; and WHEREAS, public notice has been provided to all property owners of record in the water utility service territory 45 days in advance of this June 18, 2007, public hearing, pursuant to and in compliance with Proposition 218; and WHEREAS, a majority protest by property owners of proposed water rate adjustments has not been filed with the City of Azusa prior to the close of this public hearing on June 18, 2007; and WHEREAS, the proposed water rates have been prepared by a third party consultant and reviewed by City staff, and are believed to allocate costs equitably to all customers based on the cost to serve the various water utility customer classes; and WHEREAS, the proposed rate adjustments are deemed necessary to meet the future revenue requirements of the water utility with respect to forecasted operating, maintenance and capital costs, debt coverage ratio requirements, reserve funds, and to make debt service payments on the 2006 Revenue Bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, DOES FIND AND DECLARE THAT: SECTION 1: Adoption of Water Rate Schedule. That the water rate schedule attached hereto and incorporated herein as Exhibit A is hereby adopted and that the new water rates shall be effective on the dates set forth in Exhibit A. SECTION 2: Effective Date. This Resolution shall become effective upon its adoption. SECTION 3. Authorization. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of June, 2007. Joe Rocha, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: By. Best Best & Krieger LLP City Attorney I HEREBY CERTIFY that the foregoing Resolution No. 07- was duly adopted by the Azusa Valley Water Company, at a regular meeting thereof,held on the 18th day of June, 2007 by the following vote of the Board. AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS: ABSENT: CITY COUNCIL MEMBERS: Vera Mendoza, City Clerk EXHIBIT A WATER RATE SCHEDULE The following schedule of rates is fixed and established as the rates to be collected by Azusa Light & Water for supplying water to its customers within the certificated service territories of the City of Azusa: A. METER SERVICE CHARGE: The basic monthly meter service charge for water supplied to domestic, commercial, industrial, and municipal customers of Azusa Light & Water shall be as follows: Effective July 1 2007 Effective Jul 1, 2009 Service Size Monthly Charge Monthly Charge / /8"— 3/d' $12.501436 $13.25 VU1" 17_612911 18.67 1.5" 30_2736 93 32.09 yy w 2" 45_5359.04 48.27 3" 93_9149 99.54 4" 1.57.46151:77 166.91 6" 322.80329.29 342.17 8" 462.65463.27 490.41 10" 742.44696.46 786.98 12" 1,098.4499 1,164.35 EFFECTIVE 6/11/2007 Water Rate Schedule- 1 x E' Water Rate Schedule (continued) B. COMMODITY CHARGE: The commodity charge is measured in increments of cubic feet. One cubic foot is 7.48 gallons of water. Each unit of water is billed as 100 cubic feet or 748 gallons. One hundred cubic feet is commonly referred to as CCF. Each meter size is allotted a quantity of water considered to be average for that size of service, units in excess of that allotment represents a heavier use of the facilities of the water system, and therefore are billed according to the commodity rate schedule. Effective July 1, 2007 Effective July 1, 2009 Service Size Units Rate (per CCF) Rate (per CCF) 5/8" —3/d' — 1" 0-1847 ccf $0.871822 $0.924 > 1847 ccf $1.3789 $1.461. 1.5" —2" 0-13039 ccf $0.87122 $0.924 > 13039 ccf $1.3789 $1.461 3"- 4" 0-670289 ccf $0.871 $0.924 > 670200 ccf $1.3789 $1.461 6" — 12" 0-13,000609 ccf $0.871 $0.924 > 13.000699 ccf $1.3789 $1.461 Golf Course $1.074- C. 1.074C. MINIMUM CHARGE: The minimum charge shall be the monthly meter service charge. i 1� Jt'IZQ0? D. FIRE SERVICE CHARGE: �n / Fire service connections are provided for fire protection only. If Mire ser ice is used for any purpose other than for fire fighting, a minimum charge of.$58.49 shall be assessed in addition to the commodity charge for the actual amount of water used. If a fire service customer uses a fire service for other than emergency fire fighting repeatedly, the customer, upon notice of the water utility manager, may be disconnected from service for violation of the intended use of a fire service connection. The Monthly Charge for such service shall be>8-1f`per pipe diameter-inch. EFFECTIVE 6/11/2007 Water Rate Schedule-2 2007 Water Rate Survey City of La Verne '_ �t aJ `$. 13.42 So Cal Water (Claremont) ; . X, w $104.04 So Cal Water(San Dimas) r -' .., T;s L $104.04 Rowland Water District $86.04 City of Glendora $83.90 Suburban Water System (West Covina) -,MANIAr ; ' ._ . $75.64 >,Suburban Water System Y N- $75.64 V (Covina) " sem d Cal Am Water Coy Q (Duarte) -. �:.. $71.19 City of Alhambra " �at $69.94 City of Monterey Park " x -: $66.56 City of Covina ( � $63.74 City of Monrovia ' $60.16 City of Azusa (proposed) " $54.61 City of Azusa (current) $51.07 $0 $20 $40 $60 $80 $100 $120 Bi-Monthly Cost of 17 ccf/mo Final Report Cost-of-Service Study for Municipal . .... .... . ML M Water Rate Prepared for., Azusa Light & Water Prepared by: ,,&1 FORESIGHT JR."r Consulting Services Economic&nnandal 5olotfOns for tocol 60vernme"f April 17, 2007 FORESIGHT CONSULTING Final Report-COS Study for Municipal Water Rates Asura Light& Water TABLE OF CONTENTS Final Report: Cost-of-Service Study for Municipal Water Rates 1. Introduction and Summary 1 2. Cost-of-Service Rate Methodology 4 3. Results of the Analysis 7 4. Conclusion 13 Appendix (Under Separate Cover) Summary of Budget Projections and Revenue Requirements Cost Allocations Calculation of Fixed Monthly Meter Service Charges Calculation of Commodity Charges Projected Monthly Rates Projected Typical Monthly Water Bills Printed on rerycled pater I Apol 17,2007 rl FORESIGHT CONSULTING Final Report:COS Study for Municipal Water Rates ASOZa light& Water 1 . INTRODUCTION AND SUMMARY In February 2007, Asuza Light & Water (AL&W) retained Foresight Consulting to prepare a cost-of-service study of its municipal water rates. This report describes our analysis and documents the results. For the past twelve years, AL&W has adjusted its rates by forecasting its revenue requirement and then applying an across-the-board percentage adjustment to all rates and customer classes. However, Prop 218 requires that municipalities ensure that rate increases reflect the cost of serving the various customer classes. This cost-of-service analysis incorporates several specific tasks in order to comply with Prop 218 as well as achieve other AL&W objectives, including: • Projecting revenue requirements, including new capital costs • Allocating costs following cost-of-service principles • Evaluating rate structure alternatives that jointly consider water conservation, revenue stability, and impacts on customer's monthly water bills The results of the revenue requirements analysis indicate AL&W will experience an increase in total annual revenue requirement of approximately 34% over the next five years, increasing from $16.0 million in FY'06-07 to $21.5 million in FY'11-12. Most of this increase is due to capital improvements which, by FY'11-12, will total $9.5 million including both cash-funding and debt service payments related to capital projects. Figure 1 AL&W Water Fund: Projected Rate-Funded Revenue Requirements $22 :Net Fu!ding(Pay-as-You-GD&Debt Service) $20 a Net Rev.Recifs.w/o CIP $18 $16 $14 $6.6 mil. $6.6 mll. $6.6 mil. $6.1 Idi. 1$12 $10 $>8 $10.4 mfl. $10.0mll. $10.4 W1. $10.6 mll. $11.4 mil. $12.0 mil. $6 $4 $2 so Fras.m Frin-ae Froaog Fr09-10 Fran F1"1}Y As a result of this water rate analysis, Foresight is recommending that AL&W continue with its current two-tier water rates but implement other specific adjustments in order to comply with Prop 218 requirements. These adjustments include: • changes to the individual meter service charges • initial cost-of-service adjustments to commodity rates in FY'07-08 followed by "across-the-board" increases in subsequent years • changes to individual tier breakpoints (which affects how much of each customer's consumption is charged Tier 1 versus Tier 2 water rates) The percentage changes in meter service charges (shown in gold) and commodity rates (shown in blue) are illustrated in Figure 2 on the next page. ?nrt�e Dn recvc!ed pv:e: Page 1 Of 13 Apnf 17,2007 FORESIGHT CONSULTING Final Report.,COS Study for Municipal Water Rates Asuza Light& Water Figure 2 % Changes in FY'07-08 Water Rates 25°r Asuza UqW& Water 224% 20% ......-....................................................................ac 1s% 10'r 1% .... _ .... - ..... .... . ----_ .. 00/1 'Nj -5% 5/8314 ... 1 _1+1/2 2 r -.---. 6".......4"-. 10:' k' ..... ................. . - Meter Cha -15% .........12.4% _ ' .... ....... zo -13.4% 1 c:Teri Rates -20% ................. "----0&5%---..........-.----- GTier2 Rates ... "-" � -25% Meter Size As Figure 2 indicates, all Tier 1 and Tier 2 commodity rates are increased across-the- board by 6%, while changes in individual meter service charges vary significantly depending on the meter size. Figures 3 and 4 show the combined effect of meter charges and commodity rates on monthly water bills for the two largest customer classes, customers with 5/8"-1" and 2" meters, respectively. Both the recommended and current two-tier rates on these figures include the 6% across-the-board rate increases. Figure 3 Monthly Water Bills for 5/8"-1" Meters (Fy'o7-08) $165 by Consumption Level v $150 E3 Current 2-Tier Rates w/F.P..Increasers - - -$135 63 g Recommended 2 Tier Rates w1 F.P. Increases $120 $105 �p�pp va $90 00 $75 $69 $45 6 N m N N O u1 $150 $0 a� t 10 ccf 15 ccf 20 cd 30 ccl 40 cct 50 ecf 60 ocl 70 oaf 100 cof Figure 3 indicates there is only a slight difference in the monthly water charges for the recommended versus the existing two-tier rate structure for the 5/8"-1" customer class, which includes most residential customers. However, Figure 4 shows that the monthly charges for 2" meter customers actually decline in the recommended versus the existing rate structure. Printed on recycled pzpar Page 2 of 13 April 17,2007 FORESIGHT CONSULTING Final Report.COS Study for Municipal Water Rates Asuza Light& Water Figure 4 Monthly Water Bills for 2" Meters (FY'07-06) by Consumption Level Z $900 $800 p Current 2-Tier Rates w/F.P. Increases n $700 12 Recommended 2-Tier Rates w/F.P.Increases n ' $600 a' m w x$500 x$400 $300 - L6 ig "'» (d .� w $200 50 ccf 75 Cd 100ccf 150eel 200W 250xf awed 450 cef 600 ca The recommended meter service charges and commodity rates are summarized in Tables 1 and 2. Rate adjustments of 6% will be needed in alternating years, effective on July 1 in years 2007, 2009 and 2011. Table 1 Recommended Meter Service Charges(Including Financial Plan Rate Increases) Azusa Light& Water Current Recommended Meter Service Charges Meter Size Charges FY'07-08 F7108-09 FY'09.10 FY'10-11 FY'11.12 5/8-3/4' $11.56 $12.50 $12.50 $13.25 $13.25 $14.04 1' $20.11 $17.61 $17.61 $18.67 $18.67 $19.79 11/2' $36.93 $30.27 $30.27 $32.09 $32.09 $34.02 2' $59.04 $45.53 $45.53 $48.27 $48.27 $51.16 3° $112.49 $93.91 $93.91 $99.54 $99.54 $105.51 4" $181.77 $157.46 $157.46 $166.91 $166.91 $176.93 6' $320.25 $322.80 $322.80 $342.17 $342.17 $362.70 8' $463.27 $462.65 $462.65 $490.41 $490.41 $519.84 10' $606.45 $742.44 $742.44 $786.98 $786.98 $834.20 12" $757.90 $1,098.44 $1,098.44 $1,164.35 $1,164.35 $1,234.21 Table 2 Recommended Commodity Rates(Including Financial Plan Rate Increases) Azusa Light& Water Current Rates Recommeded Commodity Rates Customer Class Tier Rates I erealipeints BrealWolms FY'07-03 FY'08-09 FY'09-10 FY-10-11 FY-11-12 5/8'-1'Meters Tier 1 $0.822 17 ccf 18 ccf $0.871 $0.871 $0.924 $0.924 $0.979 Tier $1.300 -- -- $1.378 $1.378 $1.461 $1.461 $1.548 Ter 1 $0.822 50 ccf 130 ccf $0.871 $0.871 $0.924 $0.924 $0.979 1.5%2'Meters Tier2 $1.300 -- $1.378 $1.378 $1.461 $1.461 $1.548 3'-4°Meters Tier 1 $0.822 200 ccf 670 ccf $0.871 $0.871 $0.924 $0.924 $0.979 Tier2 $1.300 -- $1.378 $1.378 $1.461 $1.461 $1.548 6°-10' Meters Ter 1 $0.822 600 ccf 13,000 ccf $0.871 $0.871 $0.924 $0.924 $0.979 Ter2 $1.300 $1.378 $1.378 $1.461 $1.461 $1.548 Rate increases-Financial Plan 6.0% 0.0% 6.0% 0.0% 6.0% The following section describes the cost-of-service methodology used in this analysis. Printed ai recycled paper Page 3 Of 13 Apnf 17,2007 FORESIGHT CONSULTING Final Report:COS Study for Municipal Water Rates Asuza Light& Water 2. COST-OF-SERVICE RATE METHODOLOGY The methodology used in evaluating AL&W's water rates and rate structure conform to American Water Works Association's (AWWA) procedures, which is the commonly accepted industry standard used throughout the United States for cost-of-service rate studies. Figure 5 below summarizes this methodology. Fi ure 5 REVENUE REOT'S. FUNCTIONS COST ALLOCATION PROCESS _Total Revenue Rea'ts. -Production Capacity Resmenriai Residential 't Related$ s""""' Commerclal Rates -Transmission } y„q industrial ...m............_, -- -Distribution t -Customer Accing. [Cmi -Admin.&EngJn. Residential i Commercial Capital Expend. ! - : CommerdalDebt ServFce - Rates misc.other i fess Non•Rate Revenues =:Net Revenue Regis. ';... Customer, - . Residential - �_ - Industrial _ Related$ Commercials Rates t i industrial ---- AWWA Cost-of=Service Rate.Methodology Revenue Requirements — This methodology begins by developing the total revenue requirements. All "non-rate" revenue sources such as interest earnings, payments received for water rights, and other revenue not collected through water rates, are then deducted from the total revenue requirements. The result is the net revenue that must be collected from rates each year. Functionalized Costs — Once the net revenue requirements have been defined, the individual budget line items included in the net revenue requirements (such as production costs) are then allocated to various functional categories, including: • Customer related costs (such as customer billing and account costs) • Capacity related costs (such as the fixed costs for source of supply) • Commodity related costs (such as the costs of purchased water) • Distribution related costs (such as pumping costs) Once these costs are organized in this manner, customer and capacity related costs, which are generally thought of as fixed costs, are used to calculate fixed monthly meter service charges. Commodity and distribution related costs, which are generally thought of as variable costs, are used to calculate commodity charges. This process is summarized in the next few paragraphs. Meter Service Charges — Each customer class (i.e., each meter size) is allocated its proportionate share of the customer- and capacity-related costs. This is done on the basis of the unit costs, as follows: Printed Gn recycled paper - Page 4 o 13 Ap6117,2007 �. FORESIGHT CONSULTING Final Report:COS Study for Municipal Water Rates Asuza Light& Water w Calculation of Unit Costs: • Customer Costs = Customer costs _total customer accounts (i.e., $/account) • Capacity Costs = Capacity-related costs - total equivalent meters (i.e., $/equivalent meter) (Equivalent meters are the number of typical residential meters represented by each meter size, and reflect their hydraulic capacity based on standardized measurements2.) The recommended meter service charges are then calculated by adding the customer and capacity-related unit costs for each meter size. Commodity Rates — Commodity and distribution-related costs were then used to calculate commodity rates based on the total annual water consumption of each meter size. For example, since 5/8"-3/4" meters accounted for 48.9% of the total annual water consumption, 5/8"-3/4" meters were allocated 48.9% of the commodity-related revenue requirements. For this analysis, we have assumed that the consumption of each meter size is the same as it was in 2006. Figure 6 shows the percentage of the total annual water consumption for each meter size. Figure 6 % of Total Annual Consumption by Meter Size 50% o Asuza Light& Water 45% 40% 35 30% 25% 20% o 15% o 10% ° 0 4.30% 2 g% 4.4% 5% O% 2 NE2M N M M Both the current and recommended commodity rates consist of two tiers, which allow for a water conservation oriented rate structure by charging higher rates to customers using higher amounts of water, thereby encouraging more efficient consumption habits. The total distribution of water usage by customer class (i.e., the distribution pattern) was an important'component in setting the tier breakpoints. For example, Figure 7 on the next page shows the consumption data for AL&W 5/8' to 1" meters. 1 A typical residential meter is considered to be a W meter,which would have a hydraulic capacity factor of"1".Likewise,if a 3/4" meter has a hydraulic capacity of 30 gallons per minute(gpm),and an 8"meter has a capacity of 1,800 gpm,the 8"meter would have a hydraulic capacity factor of 60(i.e.,1,800 gpm-30 gpm=60). 2Source of hydraulic capacity factors:Manual of Water Supply Practices lM61 Water Meters—Selection Installation Testing, and Maintenance,Fourth Edition,Table 5-3,Test Requirements for New,Rebuilt,and Repaired Cold-Water Meters,American Water Works Association,Copyright 1999. Page 5 of 13 April 17,2007 Printed or.recl�c!=d Pager g FORESIGHT CONSULTING Final Report:COS Study for Municipal Water Rates Asuza Light&Water Figure 7 Water Use& No. of 518"to 1" Customers(2006Av9.) 400 100% 360 -- - - m®� 90% 320 - - Cumulative.%ol'. 80% E2 280 _ - - - - _ Notal Mete_rs.%Y'r 70% 240 _ _ __._ _ ��CurrentTJON ' 2i 200 �ereakpoi t(ti cct) so% 0160 40% F 16 Z 120 30% 80 i. _ .._... .. . .. .. .. . . . . _. .. - 20% 40 ' _ _ _ - 10% 0 0% 0 10 20 30 401 50 60 70f 80 90 100 Avg.Mo.Consumption(ccf) Because the distribution pattern shown in Figure 7 identifies the quantity of water consumption above and below any particular tier breakpoint; once the commodity revenue requirement for a meter size is know, the tier breakpoint can be set so as to produce that level of commodity rate revenue. In other words, the tier breakpoints are set so that the commodity revenue requirement for each meter size equals the total water consumption in each tier times each tier rate. This ensures that each customer class is paying its equitable share of the commodity-based revenue requirements. Once the revenue requirements were completed, and both the meter service charges and the commodity rates were determined, the final factor in arriving at the recommended rates was to evaluate AL&W's overall financial picture and how that affects the annual rate adjustments. This is done through the financial plan. Financial Plan — The total amount of revenue that should be recovered each year from AL&W rate payers is ultimately determined though a financial planning process. This process considers AL&W's reserve fund levels and longer term financial objectives, such as future funding needs for capital improvement projects and meeting debt service coverage requirements in addition to ongoing operations and maintenance costs. Therefore, once the cost-of-service meter service charges and commodity rates have been calculated in the cost-of-service analysis, they are then adjusted based on the overall percentage rate increase needed as determined in the financial plan. The next section provides an overview of the results of the cost-of-service rate analysis and the recommended rates based on the financial plan. Further details are provided in the Appendix, which has been provided to ALM staff separately from this report. Prnled on reevclgd aper Page 6 of 13 April n,2007 FORESIGHT CONSULTING Final Report.COS Study for Municipal Water Rates �. ASDZa Light& Water 3. RESULTS OF THE ANALYSIS Revenue Requirements - Table 3 summarizes the results of the budget and revenue requirement analysis, and is the basis for the subsequent rate analysis. The net revenue requirement is identified at the bottom of this table. Table 3 Water Enterprise Fund.Summary of Actual,Budgeted,and Projected Revenue Requirement Azusa Li ht&Water Actual(a) Budget Protected Budgets Annual Cash Expenditures w 06-06 Fr05-07 cr'o7-oe cr•oa-as Fresno cv't4/1 Fr't1-tz Production $3,236,460 $4,697,764 $4,936,143 $5,092,951 $5,259,348 $5,431,349 $5,609,149 Water Rights Lease Cost(8%)(c) $1,050,165 $2,000,000 $1,231,801 $1,248,122 $1,340,539 $1,358,301 $1,458,877 Transmission and Distribution 1,764,213 2,404,305 2,505,734 2,596,289 2,698,174 2,804,196 2,914,527 Customer Accounting and Sales 2,411,757 3,D94,347 3,187,177 3,282,793 3,381,277 3,482,715 3.587,196 Uncollectible Accounts 4,280 62,500 64,375 66,306 68,295 70,344 72,455 Administrative and Engineering 633,666 980,218 1,145,330 1,184,678 1,225,406 1,267,563 1,311,201 Interest Expense-Non-LTD(b) 46,508 - - - - - InterestExpense-COP/New LTD fb) 801,758 786,758 763,808 740,108 1,213,199 3,355,170 3,308,271 Principal-GOP/New LTD(b) 750,000 765,000 790,000 815,000 840,000 - 1,165,000 1,220.000 Franchise Fee(2%of Retail Sales)(c) 292,529 313311 307,950 31231 33335135 333_575 364.719 Subtotal Annual Cash Expenditures $10,991,334 $15,101,203 $14,932,319 $15,338,277 $16,361,373 $19,274,214 $19,846,395 Capital Projects(d) $2,350,358 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $5,000,000 $5,000,000 Non-Rate Revenue Fees Revenue fa) ($66,614) ($70,000) ($71,400) ($72,828) ($74,285) ($75,770) ($77,286) Other Revenue (1,650,434) (2,359,910) (2,407,108) (2,455,250) (2,504,355) (2,554,442) (2,605,531) Interest Income (13736411 688891 900000 890000 880000 725000 (590,000 Subtotal Non-Rate Revenue 13090.6891 (3.118.801) (3.378.508) (3.418.0781 (3.458.6401 (3.355.2121 (3272.8171 Net Revenue Requirement M $10,251,003 $15,982,402 $15,553,811 $15,920,199 $16,902,733 $20,919,002 $21,673,579 a.From Detail Trial Balance;recronofed to C AFFL b.From Debt Service Schedules.Includes adjusted[merest earnings&use of capitatued interest reserve fund in'06-07 and after. c.From Sch.RRi-Actual and Projected Expenditures.After FY'06-07,revenue is the%of current and new water rate mvenue as estimated in the Financial Plan. d.Cash-lunded capital projects not paid by revenue-bond proceeds.Estimates from AL&Ws water master plan. e.Fee revenue for FY'06.07 is Foresight estimate. L Interest eamigns on water fund reserves shown In the financialplan,assuming a 4%[temsf rate. g.Cash Basis;excludes depreciation and Includes prinapal portion of Long Tenn Debt Also,approxlmefey$1 million of revenue from Miller Brewery will be deducted from the roma(revenue requirements.Millers water charges are determined through a separate contract with AL&W and,therefore,are handled outside Me coslcf-senrfcs rare analysis. The assumptions used . in projecting the budgets and revenue requirements are summarized below in Table 4. Table 4 Assumptions Used in the Budget Projections Azusa Light& Water Annual Rate of Increase Description FY07-08 FY'08-09 FY'09-10 FY-1 0-11 FY-1 1-12 Treatment Salaries 5.00% 4.00% 4.50% 4.50% 4.50% Transportation-Distribution Salaries 5.00% 4.00% 4.50% 4.50% 4.50% General and Administration Salaries 8.00% 4.00% 4.00% 4.00% 4.00% Sales Salaries 5.00% 4.00% 4.50% 4.50% 4.50% Production Salaries 5.00% 4.00% 4.50% 4.50% 4.50% Other Revenues 2.00% 2.00% 2.00% 2.00% 2.00% Interest Earnings on Reserves 4.00% 4.00% 4.00% 4.00% 4.00% Annual Operating Exp Increase 3.00% 3.00% 3.00% 3.00% 3.00% Functionalized Cost Allocation - The results of the allocation of budget line items to the four functions previously mentioned (i.e., customer, capacity, distribution, and commodity) are summarized in Table 5 on the following page. The variable charges shown in Table 5 are the sum of the distribution and commodity-related costs. 'limed Page 7 of 13 April 17,2007 FORESIGHT CONSULTING Final Report COS Study for Municipal Water Rates - Asuza Light& Water Table 5 Summary of Rate Revenue&Cost Allocations (FYr07-08) Azusa Light& Water . FIXED CHARGES VARIABLE Customer$ Capaciy$ Meter Charge CHARGES TOTAL COS to Meet Current Rate Revenue $1,122,590 $3,739,551 $4,862,141 $8,663,811 $13,525,952 %o1 total 8.3% 27.6% 35.9% 64.1% 100.0 Note:These revenues exclude Miller Brewery revenue,estimated to be 57 minion,which Me City collects under a separate convect. Calculation of Meter Service Charges - As noted in Table 5, the total revenue allocated to "fixed charges," or the monthly meter service charges, is approximately $4.86 million, or 35.9% of the total revenue requirements. This total is collected through meter service charges that calculated based on the two types of unit costs previously noted: (1) customer cost unit costs, or customer costs divided by total numberof accounts, and (2) capacity unit costs, or capacity costs divided by the total number of equivalent meters. Table 6 summarizes the calculation of the meter service charges for each meter size. These charges do not yet include the annual rate increases identified in the financial plan, which ultimately determines the overall percent increase in total rate revenue. Table 6 Customer Accounts,Equivalent Meters,and Cast-of-Service Meter Charges(Fy'07-08)- - Azusa Light&Water. (Before.Financial Plan Rate Increases) Meter u Accounts/Equivalent Meters 518-3/4' 1' 1 12' 2' 3' 4' 6- B. 10, 12' Total Accounts(a) 17,256 1,489 259 864 114 116 154 99 20 1 20,372 Equivalent Meters M) 17,256 2,487 862 4,605 11330 2,320 6,417 5,940 1,933 143 43,295 Monthly Meter Chances Customer Costs($/Acct) $4.59 $4.59 $4.59 $4.59 $4.59 $4.59 $4.59 $4.59 $4.59 $4.59 Capacity Costs($/Acct) 7.20 $12.02 $23.97 $38.36 $B4. $143.96 $299.94 $431.87 $695.82 S1,031,67 Monthly Meter Charge(c) $11.79 $16.61 $28.56 $42.96 $88,59 $148.55 $304.53 $436.47 $700.41 $1,03627 Annual Revenue horn W"Mie Meter Charges Customer Costs $950,884 $82,051 $14,272 $47,610 $6,282 $6.392 $8,488 $5,455 $1,102 $55 $1,122,590 capacity Costs $1,490.482 $214,782 $74.496 $297,766 $114,911 $20Q,389 $554.282 $513.066 $166.927 12380 $3.739.551 $2,441,366 $2%.833 $88,70 $445.376 $121.193 1206.7131 $562.768. $518,521 $168,009 $12,435 $4,M141 FWed Costs Allocated to Monthly Meter Charges(d) Cvsronrer Costs $1,122.590 Capatly Costs $3,739,551 Total Fixed Costs $4,882741 FP07-08 COS Target for Meeting Rev.Imm Current Rates a $4,862,141 tl7m.g Ca ad Factor b) 1.00 1.67 3.33 5.33 11.67 2000. 41.67 60.00 96.61 143.33 a.Source:City Records as 012-20.07. b.Accounts rimes the hyam.5c capacity factors,which are the AIMVVA standards and rafted the higher perendai demand Mat largermetered customers place on the system. Source oI AWWA hydraulic capacity mclam:AWWA Manual Me(FourM Edition),Table 5-3,Test Requirements for New,Rabat land Repaired Cold-Water Meters. C.Meter Charges are Me total of Me customer and capacity charges. d.Axed costs to be recovered through Monthly Meter Charges. From Table S. , e.This is Me COS target Fixed Charge Revenue lar the'COS W Meet Current Rate Rev.'shown in Table 5. Calculation of Commoditv Rates - The functionalized cost allocations previously shown in Table 5 indicated that approximately $8.66 million should be collected through commodity rates. As mentioned previously, the percentage of this revenue allocated to each customer class is based on annual water consumption. Table 7 on the following page summarizes this calculation and shows the total revenue requirements for each meter size. Printed on recycled paper Page 8 of 13 April 17,2007 t FORESIGHT CONSULTING Final Report.,COS Study for Municipal Water Rates + Asuza Light& Water Table 7 Commodity Rate Revenue Requirements (FY'07-08) Azusa Light& Water Customer Estimated FY'07-08 Commodity Rate Class & Water Use (a) Revenue Requirements Meter Size ccf/vr % .$/year 518'-3/4' Meters 4,142,499 48.9% $4,232,944 1'Meters 584,120 6.9% $596,873 1.5'Meters 260,509 3.1% $266,197 2'Meters 1,508,068 17.8% $1,540,994 3'Meters 361,685 4.3% $369,582 4'Meters 923,225 10.9% $943,382 6'Meters 20,433 0.2% $20,879 8'Meters 217,571 2.6% $222,321 10'Meters 370,822 4.4% $378,918 Golf Course 89,760 1.1% $91,720 Totals 8,478,692 100.0% $8,663,811 Avera a Commodity Unit Cost $1cc b 51.022 a.Assumes water consumption in 2007-08 will be the same as in 2006.Excludes water use by Miller Brewery(the only 12'meter). b. This is the overall average commodity unit cost, which applies to the Golf Course. As a result of the commodity rate analysis, the tier rates were kept the same but the tier breakpoints were adjusted so that the revenue recovered from each customer class matches the revenue requirements shown in Table 7. This adjustment was made on the basis of the distribution data for each meter size, such as the data previously shown in Figure 7. The rates and new tier breakpoints are shown in Table 8. Table 8 Summary of Commodity.Rates by Rate Alternative (FY'07-08) Azusa Light& Water (Before.Financial Plan Rate Increases) Current Rate Structure Modified Rate Structure Customer Class Tier 1 Tier Breakpoint Tier 2 Tier 1 Tier Breakpoint Tier 2 518'-1'Meters $0.822 17 ccf $1.300 $0.822 18 ccf $1.300 1.5'-2'Meters $0.822 50 ccf . $1.300 $0.822 130 ccf $1.300 3%4'Meters $0.822 200 ccf $1.300 $0.822 670 ccf $1.300 6%12'Meters $0.822 600 ccf $1.300 $0.822 13,000 ccf $1.300 Golf Course(a) $1.010 — $1.022 source:Table 10,Commodity Rates and Rate Revenue by Customer Class and Rate Altemative(FY'07-08). a. This is the system-wide average unit cost of water(i.e.,total commodityrate revenue regrs.-total ccf). . Financial Plan — The financial plan incorporates several components, including the baseline net revenue requirements, the revenue generated from current rates, overall percentage rate increases, and the total amount of revenue needed to maintain reasonable levels of reserve funds. These components are considered together in determining the overall level of rate increases. Table 9 on the next page summarizes the financial plan and shows that an overall increase of 6% in FY'07-08, FY'09-10 and FY'11-12 will result in ending reserve fund levels that are in line with AL&W's objectives. 1'rinl=d Co.recycled papwr Page 9 of 13 Apnl 17,2007 FORESIGHT CONSULTING Final Report:COS Study for Municipal Water Rates Asuza Light& Water Table 9 5-Year Water Utility Financial Plan Azusa Light,& Water. Adopted Proposed Projected Rev.Re 'ts.,Rate Revenue.0 Fund Balances (f) FY'05.06 FY-06-07(g) FY'07-08 FY'08-09 FY'09-10 FY'10-11 FY'11-12 Baseline Net Revenue Recite.(a,b) $ 10,251,003 $ 15,982,402 $ 15,553,811 $ 15,920,199 $ 16,902,733 $ 20,919,002 $ 21,573,579 Annual%Increase over Previous Year -- 55.9% -2.7% 2.4% 6.2% 23.8% 3.1% Baseline Financial Plan-No Rate Increases:. :. Beginning Fund Balance(c) $ 20,383,185 $ 24,335,559 $ 22,689,158 $ 21,661,299 $ 20,459,521 $ 18,470,227 $ 12,662,268 Revenue from Current Rates(b,d) $ 14,203,377 $ 14,336,000 $ 14,525,952 $ 14,718,421 $ 14,913,440 $ 15,111,043 $ 15,311,264 less Net Revenue Regt's. (e) $ (10,251,003) $ (15,962,402) $ (15,553,811) $ (15,920,199) $ (16,902,733) $ (20,919,002) $ (21,573,579) Ending Fund Balance(Cash) $ 24,335,559 $ 22,689,158 $ 21,661,299 $ 20,459,521 $ 18,470,227 $ 12,662,268 $ 6,399,954 Proposed Financial.,Plan-Rate Increases as Needed Rate Increase 6.0% .0.0% 6.0% 0.0/ 6.0/ Beginning Fund Balance(c) $ 20,383,185 $ 24,335,559 $ 22,689,158 $ 22,532,856 $ 22,214,183 $ 22,068,191 $ 18,127,957 Revenue from Current Rates(d) $ 14,203,377 $ 14,336,000 $ 14,525,952 $ 14,718,421 $ 14,913,440 $ 15,111,043 $ 15,311,264 Rate Revenue from Rate Increases (f) -- -- $ 871,557 $ 883,105 $ 1,843,301 $ 1,867,725 $ 2,924,696 less Net Revenue Reqt's.(e) $ (10,251,003) $ (15,982,402) $ (15,553,811) $ (15,920,199) $ (16,902,733) $ (20,919,002) $ (21,573,579) Ending Fund Balance(Cash) $ 24,335,559 $ 22,689,158 $ 22,532,856 $ 22,214,183 $ 22,068,191 $ 18,127,957 $ 14,790,339 Customer Growth Rate-Residential -- 2.0% 2.0% 2.0% 2.0% 2.0% Customer Growth Rate-NonResidential tes 0.5% 0.5% 0.5% 0.5% 0.5% Assumedate mpementat on A71711109 7110 Annual rate increases can be adjusted as a modeling alternative. a.From Table 3,Water Enterprise Fund-Summary of Actual,Budgeted,and Projected Revenue Requirement.Includes rate-funded CIP costs. b.Beginning in FY'07-08,Miller Brewery revenue is subtracted Irom both the Baseline Net Revenue Regt's.and Revenue from Current Rates:this is collected under a separate contract. c.FY05.06 beginning-year fund balance is an estimate provided by AL&W's financial model called•Modified Wrap"(see worksheet,"Forerastlst YR"). d.Revenue Irom residential,commercial,industrial,fire,and public service charges from AL&W's Adopted'05-06 and Budgeted'06-07 budgets. e.All expenditures from AL&W budget records less non-rate revenue.From Table 3- 1.Additional revenue from rate increases.From Table 9,5-Year Water Utility Financial Plans. g.AL&W assumption of annual growth rate for residential and non-residential,from staff communications 1-31-07 and 4-5-07.Projections assume residential rate revenue is 55%of the total and non-residential is 45%of the total based on Actual 2006 revenues. Page 10 of 13 Apr l n,200 FORESIGHT CONSULTING Final Report-,COS Study for Municipal Water Rates Asuza Light& Water Projected Water Rates - Once the overall rate increases determined in the financial plan are applied to the meter service charges .and commodity rates calculated in the cost-of-service analysis, the projected rates over the next five years can be computed. Table 10 below and Table 11 on the next page summarize the projected commodity rates and the monthly meter service charges for both the current and recommended rate alternatives. Table 10 Current and RecommendedCommodity,Rates(Including Financial Plan Rate Increases) Azusa Light& Water Current Pro'ected CommodityCharges Meter size Tier Rates ereal�oims FY'07-08 %tea-� FrOS09 FY-09-10 FY-10.11 FY'11.12 . Current 2-Tier Co modity Rates(Includin Across-the-Board Increases) 5/8"-1"Meters Tier 1 $0.822 17 cc/ $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier2 $1.300 -- $1.378 6.0% $1.378 $1.461 $1.461 $1.548 1.5"-2"Meters Ter 1 $0.822 50 ccf $O.B71 6.0% $0.871 $0.924 $0.924 $0.979 Tier $1.300 -- $1.378 6.0% $1.378 $1.461 $1.461 $1.548 3°-4"Meters Teri $O.B22 200 wt $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier2 $1.300 -- $1.378 6.0% $1.378 $1.461 $1.461 $1.548 6"-10'Meters Tier 1 $0.622 600 ccf $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier2 $1.300 - $1.378 6.0% $1.378 $1.461 - $1.461 $1.548 Rate Increases-Financial Plan - 6.0% -- 0.0% 6.0% 0.0% 6.0% Recommended 2-Tier Comm Ity Rates (Including Across-the Board Increases) 5/8'-1"Meters Tier 1 $0.822 18 ccf $0.871 6.0% $0.671 $0.924 $0.924 $0.979 Tier $1.300 - $1.378 6.0% $1.378 $1.461 $1.461 $1.548 1.5'-2"Meters Tier 1 $0.822 130 cc/ $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier $1.300 - $1.378 6.0% $1.378 $1.461 $1.461 $1.548 3%4'Meters Tier 1 $0.822 670 ccf $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier $1.300 -- $1.37B 6.0% $1.378 $1.461 $1.461 $1.548 6%10"Meters Tier 1 $0.822 13,000 ccf $0.871 6.0% $0.871 $0.924 $0.924 $0.979 Tier $1.300 $1.378 6.0% $1.378 $1.461 $1.461 $1.546 Rate increases-Financial Plan 6.0% 0.0% 6.0% 0.0% 6.0% Primed m recycled paper Page 11 of 13 April 17,2007 FORESIGHT CONSULTING Final Report.COS Study for Municipal Water Rates Asuza Light& Water Table 11 Current and Recommended Meter Service Charges Azusa Light& Water (Including Financial Plan Rate Increases) Projected Meter Service Charges Meter Size Current- FY'07-08 FY07.03 FY'08-09 FY'09-10 FY'10.11 FY'11.12 %Cha e Current Monthly Meter Service Charges.(w/Across-the-Board Rate Increases) 5/8-3/4" $11.56 . $12.25 6.0% $12.25 $12.99 $12.99 $13.77 1" $20.11 $21.32 6.0% $21.32 $22.60 $22.60 $23.95 11/2" $36.93 $39.15 6.0% $39.15 $41.49 $41.49 $43.98 2" $59.04 $62.58 6.0% $62.58 $66.34 $66.34 $70.32 3" $112.49 $119.24 6.0% $119.24 $126.39 $126.39 $133.98 4" $181.77 $192.68 6.0% $192.68 $204.24 $204.24 $216.49 6" $320.25 . $339.47 6.0% $339.47 $359.83 $359.83 $381.42 8" _ $463.27 $491.07 s.o% $491.07 $520.53 $520.53 $551.76 10" $606.45 $642.84 s.o% $642.84 $681.41 $681.41 $722.29 12" 1 $757.901 $803.37 s.o% 1 $803.37 $851.58 $851.58 $902.67 Recommended Monthly Meter Service Charges (w/Across-the-Board Rate Increases) 5/8-3/4" $11.56 $12.50 am $12.50 $13.25 $13.25 $14.04 1" $20.11 $17.61 -12.4% $17.61 $18.67 $18.67 $19.79 11/2" $36.93 $30.27 -mo% $30.27 $32.09 $32.09 $34.02 2" $59.04 $45.53 -229% $45.53 $48.27 $48.27 $51.16 3" $112.49 $93.91 -16.5% $93.91 $99.54 $99.54 $105.51 4" $181.77 $157.46 -13.4% $157.46 $166.91 $166.91 $176.93 6" $320.25 $322.80 0.6% $322.80 $342.17 $342.17 $362.70 8" $463.27 $462.65 -0.1% $462.65 $490.41 $490.41 $519.84 10" $606.45 $742.44 22.4% $742.44_ $786.98 $786.98 $834.20 12 $757.90 $1,098.44 44.9% $1,098.44 $1,164.35 $1,164.35 $1,234.21 j Rate Increases-Financial Plan 6.0% - - 0.0% 6.0% 0.0% 6.0% Figures 8 and 9 show the projected typical monthly water bills for the two largest customer classes (5/8"1" and 11/2"-2"), which make up 92% and 4.2% of the AL&W accounts and 56% and 21% of annual water sales, respectively. Figure 8 Projected Typical Bi-Mo.Water Bills by Rate Alternative- 5/8"- 1"Meters a sumec'Wamri a n a% - $35 - m m mmm of s $30 N O A N N lh l7 J $2$ Ya ' O Current k' D Fl^07-08 $15 08-09 09-10 $10 " ■Fr1an $5 ?; ■Fr11-12 $0 S� Current 2-Tier Rate Structure Recommended 2-Tier Rate Structure P,;nfad on recycled paper Page 12 of 13 April 17,2007 FORESIGHT CONSULTING Final Report.,COS Study for Municipal Water Rates Asuza Light&Water Figure 9 Projected Typical Bi-Mo.Water Bills by Rate Alternative- 1 102% 2" Meters nssrmed Water use $300- $275 $250 N N $225 0 Of W $200 $175 $150 D Current $125 g 0 FY07-08 $100 ID FYOB-09 a FY09-10 $75 $50 ■FY 0 11 $25 $0 Current 2-Tier Rate Structure Recommended 2-Tier Rate Structure 4. CONCLUSION This report has briefly summarized the cost-of-service rate analysis of AL&W's water rates and described how the monthly service charges and commodity rates were calculated. Foresight has worked closely with AL&W staff to develop accurate data and review a number of alternative rate structures before selecting the recommended two- tier alternative. The recommended rates are those considered to be most equitable to AL&W's water customers as a whole; the rate structure will provide adequate income to satisfy the Water Utility's debt service coverage, maintain a prudent reserve level and, hence, its good credit rating. The recommended rate structure does not deviate significantly from AL&W's current rates, and most customers will experience a modest rate increase of approximately 6% beginning in FY'07-08. Subsequent rate increases would be needed in FY'09-10 and FY'l 1-12. Foresight recommends the City adopt multi-year rate increases covering the period of FY'07-08 through FY'11 1-12, with three rate increases effective on July 1, 2007, July 1 , 2009, and July 1 2011 . AL&W should continue to assess its rates and revenue requirements each year, but in particular should re-evaluate its capital improvement costs, water supply conditions, and annual rate adjustments towards the end of the five- year period covered in the financial plan developed as a component of this study. pri"fed ao leclvcjed pgp8r Page 13 of 13 April 17,2007 i U rt � PUBLIC HEARING TO: THE HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER DATE: JUNE 18, 2007 SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST FOR A MINOR USE PERMIT TO ALLOW OFF-SALE OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING CONVENIENCE FOOD STORE AND MEAT MARKET WITHIN THE UNIVERSITY DISTRICT MIXED USE ZONE. CASE NO: MUP-2006-28; APPELLANT: JORGE BETANCOURT; LOCATION: 792-794 E. ALOSTA AVENUE. RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission's decision and adopt a resolution denying Minor Use Permit No. MUP 2006-28. BACKGROUND: The applicant has filed an application for a Minor Use Permit in order to allow the sale (off-sale) of beer and wine in conjunction with an existing convenience store/meat market..The Subject Property is located within a mini-mall type development at the south-west corner of Alosta Avenue and 5th Street. The property to the north is developed with a church and private school. The property to the east is the Foothill Center. The properties to the west and south are developed with multi-family residential homes. Within the center are: a dry cleaners, an ice cream/donut shop, a check cashing business, a hair and nail salon, a tobacco store, and a florist shop, and a take out fast food restaurant. At its April 11, 2007 meeting, the Planning Commission voted (2-1) to deny the application. The Planning Commission's decision was based on several factors, CUdobert 7252006bperson\Desktop\CITY COUNCIL\2007NUNE 18,2007\FINAL MUP STAFF RPT.DOC.doc Appeal of MUP 2006-28 June 18, 2007 Page 2 of 4 including the Police Department's review and recommendation. The Police Department had recommended denial based on an undue concentration of off-sale outlets within the area. The business owner subsequently filed an appeal of the Commission's decision (see attached appeal form). DISCUSSION The basis of the owner's appeal is that he believes that the Planning Commission erred in its findings and/or decision or failed to conform to the requirements of the Code. Specifically, the owner states: "That a//ofAzusa's crime tate was focused on this location and committee failed to provide exact number when asked" This comment relates to the fact that the total number of crimes within the subject crime reporting district was used to determined whether the area suffers from an over- concentration of alcohol sales outlets. "Undue concentration" was one of many factors considered by the Planning Commission. The California Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off-sale outlets also exists when either of the following is found to exist: a. The ratio of off-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of off-sale retail licenses to population in the county; or b. The applicant premises are located within a "high crime" area according to Police Department statistics. The Subject Property is located within crime reporting district #324. District #324 is considered a high crime area according to the Business and Professions Code definition. A high crime area is defined as a crime reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. For calendar year 2006, the average number of crimes per reporting district for the entire City was eighteen (18). Therefore, if a crime reporting district has more than 22 crimes, it is considered a "high crime" district and an undue concentration exists. The total number of crimes reported within district#324 was 61, which is 239%greater than average. The owner's complaint is that staff used total number of Part 1 crimes (61) within District #324 to arrive at the fact that the number of crimes was 239% greater than average - more than 20% is considered "high crime". The owner believed that the Planning Commission should have looked at a breakdown of the 61 crimes by category, presumably so the Commission could have determined that certain crimes were less significant than others. The Business and Professions Code definition does not Appeal of MUP 2006-28 June 18, 2007 Page 3 of 4 differentiate between specific crimes, and the breakdown of crimes is irrelevant when it comes to determining whether a particular crime reporting district meets the definition of "high crime" (i.e. that an undue concentration of alcohol sales outlets exists). The Planning Commission cannot redefine "high crime" or"undue concentration"if it believes Theft from Vehicles, Burglaries, and Assault & Battery have a lower value than other crimes. No matter how the 61 crimes are distributed among the Part 1 crime categories, the fact remains that district #324 has 239% more crimes than average. Most importantly, the crime data was one of many reasons cited for the denial of the MUP. The Planning Commission also considered the following facts: 1 . The site also suffers from an over-concentration with respect to the ratio of licenses to population (the other method of determining undue concentration). The site is located within Census Tract number 4042. There are five (5) existing off-sale licenses within this census tract. According to information provided by the Department of Alcoholic Beverage Control, this particular census tract allows five (5) off-sale licenses before an undue concentration occurs. Therefore, approving an additional license at this location would cause an "undue concentration" in this Census Tract. 2. There are multi-family residences located adjacent and across the Subject Property. A church and private school is located immediately to the north on Alosta Avenue. A Little League field and an elementary school (Lee School) are located to the west. In addition, there are three establishments that sell alcohol within a 1/4 mile of the site, including a 7-Eleven located at 705, E. Fifth Street. It is not expected that the proposed use will be compatible with existing and future land uses in the vicinity. Therefore, the Commission was unable to determine that the public convenience or necessity would be served by the issuance of an additional outlet within this census tract. 3. The business has surveillance cameras placed in various places within the interior of the market, but no security cameras were observed outside the building. 4. The applicant has not proposed any specific measures, besides lighting, to control loitering. Therefore, the addition of beer and wine sale could result in loitering problems, negative effects on property values, and result in a need for additional law enforcement services. CONCLUSION: Staff has analyzed the proposal and concludes that it does not merit approval. Based upon the aforementioned facts, and in particular, the undue concentration of alcohol sales outlets, the Planning Commission's decision to deny the Minor Use Permit Appeal of MUP 2006-28 June 18, 2007 Page 4of4 should be upheld. ATTACHMENTS: - Draft Resolution - Vicinity Map - Appeal Form - Selected Crimes by Reporting District 2006 - Breakdown of Crimes in Reporting District#324 (January 2006 thru November 2006) - Census Tract Map - Crime Reporting Districts Map - Planning Commission Resolution, April 11, 2007 - Site Plan and Floor Plans RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF AZUSA DENYING, ON APPEAL, A MINOR USE PERMIT WHICH WOULD HAVE ALLOWED THE OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE.CASE NO.:MUP 2006-28;LOCATTION: 792- 794 E. ALOSTA AVENUE WHEREAS,the Planning Commission of the City of Azusa,after having given notice thereof as required by law, held a public hearing on April 11, 2007 on the application, with respect to the requested Minor Use Permit No.MMP-2006-28 to allow off-site sale of beer and wine in conjunction with a convenience store and meat market at 792-794 E. Alosta Avenue; and WHEREAS, the Planning Commission,after carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, denied the Minor Use Permit application. WHEREAS, a timely appeal was filed by Jorge Betancourt, appealing the Planning Commission's decision to the City Council. WHEREAS, the City Council of the City of Azusa has,after giving notice thereof as required by law,held a public hearing on June 18,2007,on the appeal of Jorge Betancourt with respect to the requested Minor Use Permit No. MUP-2006-28. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.050 of the Azusa Development Code, the City Council hereby denies said Minor Use Permit No. MUP 2006-28 based on the following findings: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code: On-sale of beer and wine is permitted with a MUP within the University District. The applicant is operating an existing convenience food store and meat market. The Development Code requires certain findings to be made in order to approve a license for off-sale of alcoholic beverages, but it does not provide guidelines in terms of how many outlets or licenses within a census tract can be approved. However, the State of California Business and Professions Code has certain standards that must be considered in order to approve a license. Undue Concentration The California Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an Resolution No. June 18, 2007 MUP-2006-28 Page 2 of 6 undue concentration of off-sale outlets exists when either of the following is found to exist: a. The ratio of off-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio ofoff-sale retail licenses to population in the county; or b. The applicant premises are located within a high crime area according to Police Department statistics. With respect to the ratio of licenses to population, the entire City is considered to have an over concentration of outlets. The site is located within Census Tract number 4042. There are five (5) existing off-sale licenses within this census tract. According to information provided by the Department of Alcoholic Beverage Control this particular census tract allows five(5)off-sale licenses before an undue concentration occurs. An additional license would cause undue concentration in this area. The crime reporting district in which the site is located is considered a high crime area according to the Business and Professions Code definition. A high crime area is defined as an applicant premises located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. For calendar year 2006, the average number of crimes per reporting district for the entire City was eighteen (18). By ABC standards, an undue concentration exists when the applicant premises are located in crime reporting district that has a 20 percent greater number of reported crimes than the average number of crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. The total number of crimes reported within that district was 61, which exceeds the 20%standard set by ABC and the Business and Professions Code. Due to the number ofoutlets within this census tract, the request does not meet the guidelines set forth by ABC and the Business and Professions Code. In addition, off-sale outlets already exist within less than '% mile radius from the Subject Property. The Police Department has raised concern regarding the number ofservice ofcalls generatedfrom this reporting crime district. Based on the crime rate and number of calls for service, the Police Department is unable to support an additional outlet within this Census Tract Therefore, Staff is unable to determine that the public convenience or necessity would be served by the issuance of an additional outlet within this census tract. In addition, the Development Code requires that, in determining whether to approve a Minor Use Permit for alcoholic beverage sale, the following shall be considered and findings be made regarding each of these issues: a. The nature and use of real property within 500 feet of the use, and in particular the location of similar nearby uses and the location of residences, parks, schools, and religious facilities. Resolution No. June 18, 2007 MUP-2006-28 Page 3 of 6 There are multi family residences located adjacent and across the Subject Property. A church and private school is located immediately to the north on Alosta Avenue. A Little League f eld and an elementary school(Lee School)are located to the west. In addition, similar uses exist within less than %mile radius, including a 7-Eleven located at 705 E. Fifth Street. b. Appropriate measures to provide proper maintenance of the building exterior,including keeping the premises free of junk, litter, and debris. The Development Code requires that all properties within the City be maintained in order, in good repair and free of junk and debris. The property appears to be kept reasonablyfree ofjunk, litter, and debris. c. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings; light and glare. . The shopping center appears to have adequate lighting to discourage loitering activities. Lighting at all commercial sites are required to be shielded and aimed to prevent or refecting on adjacent residences. d. Provision of onsite security,both inside and outside the building,to satisfy any concern .. raised by the Police Department. The business has surveillance cameras placed in various places within the interior of the market. No security cameras were observed outside the building. e. Adequacy of off-street parking provided for the use. There are twenty seven (27) off-street parking spaces provided for the entire shopping center. The parking is nonconforming, however, no expansions or additions are being proposed with this application. Therefore, the development standards set forth in Article 2—Urban Standards do not apply until the use is intensified or the building is expanded. f. Hours of operation. The market is open Monday through Saturday from 8:00 a.in. to 8:00 p.in. and Sunday from 8:00 a.m. to 7:00 p.m. The Department of Alcoholic Beverage Control regulates the hours that beer and wine can be sold to the public. g. Controls on occupancy limits inside the building and loitering outside of the building. The applicant has not proposed any specific measures, besides lighting, to control Resolution No. June 18, 2007 MUP-2006-28 Page 4 of 6 loitering. Therefore, the addition of beer and wine sale could result in loitering problems. h. Prevention of adverse effect of the use on value of adjacent properties. This application has not proposed any measures to prevent adverse impacts such as loitering and crime. Therefore, the sale of alcohol could negatively affect property value. i. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. The site is located within Census Tract number 4041 and according to information provided by the Department ofAlcoholic Beverage Control the entire City has an undue concentration. In addition, the Department ofAlcoholic Beverage Control has placed a moratorium on the City. There are five (5) existing off-sale licenses within this census tract. An additional license would cause further concentration in this area. In addition, there are three existing outlets within less than %ofmile radius from the subject site that can adequately and conveniently serve the public. There is also an undue concentration based on the number of crimes within the crime reporting district. 2. The proposed use is not consistent with the General Plan and any applicable specific plan: The proposed use is in conflict with the General Plan because the proposed use would be incompatible with the surrounding neighborhood. An additional license in a high crime area may lead to additional crimes; resulting in a need for additional law enforcement services. By these standards an additional license would cause further concentration in this area, and would not be beneficial to the existing land uses. 3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity: .There are multi family homes adjacent to the site, to the south behind the building to the north, and across the street on Alosta Avenue. The building backs up against an adjacent multi family complex to the west. Because of the overconcentration of alcohol sales outlets in the area, it is not expected that the proposed use will be compatible with existing and future land uses in the vicinity. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints:. The sale of beer and wine will not intensify the density nor will it intensify the existing use. However, the Police Department has raised concerns regarding undue concentration Resolution No. June 18, 2007 MUP-2006-28 Page 5 of 6 of off-sale outlets within the census tract and the high number of crimes occurred within the crime reporting district in which the premises is located. 5. Granting the permit would be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: The proposed use is in close proximity to a church and private school and multi-jam ily residential uses. Due to the high crime rate within the crime reporting district where the premises is located, the addition ofoff-sale ofbeer and wine may result in additional crimes and the need for increased law enforcement services. Therefore, granting a minor use permit to allow off-site sale of beer and wine would be detrimental to the public safety. SECTION 2: Based on the aforementioned findings, the City Council does hereby deny Minor Use Permit No. MUP 2006-28 for the property located at: 792-794 E. Alosta Avenue. SECTION 3: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 18`h day of June, 2007. JOSEPH ROCHA, 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 18th day of June, 2007 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Resolution No. June 18, 2007 MUP-2006-28 Page 6 of 6 Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attomey VICINITY MAP r u c 5.- ++ w s ue�3y� r §§ p,''. S � .^. 43;4 w � a � J �+✓.�'vuti> r,' � ++: � ,�;, y� *d . y- g,• �, ���`^ � .a � ;"' �m�q,�F :. ! � E=Ala: s. n x +. v. E MattMv.wd PW .�.�� Ati ay* ..�,r j �.-::� �`jF• �).�R� j'� 1 R. y y! 4'N' ?' �"�fb�i+r;'1.��1?!fa�t y^� -4' _t . ,. U5A-z- NOTICE OF APPEAL error "' TO THE CITY COUNCIL ct c N O 1 Y N >�CITY Or t^ nAZUSA'3 OF THE CITY OF AZUSA FROM ACTION Of THE AZUSA PLANNING COMMISSION The undersigned hereby appeals to the City Council of the City of Azusa, California, from a decision made by the Azusa Planning Commission, and petitions for a public hearing on said decision. Whereas the Azusa Planning Commiss'on, on the date of in reference to Case Number _[fj e- by Planning Commission Resclu ion Numaer took the following action: And, whereas the undersigned believes that the Pla.rning Commission did, (a) err in its findings and/or decision; (b) ti D failed to conform to the requirements of the Zoning Chapter of o N the Azusa Municipal Code as follows: —. C Cn a D And, whereas by the granting of this appeal, the public p? i i necessity, convenience, welfare, or good planning practice would be served as follows: / W R ,[ T 11,WV/i] 7 Gy hV -)(j //i>! Therefore, the undersigned does hereby respectfully request the City Council of the City of Azusa, California, to hear this appeal, and take action to: T KPt/JUsihFr 7X.�/riPr /amu R7 Ale G✓(//d�ri+P GNc�' T�r�� v`/i, 41- /> - 15 - Signed: h4:/ f Uate) Address„ ., Relationship of Appellant to said Action: Applicant Resident Owner Other (Specify ) To be filed in triplicate in the office of the City Clerk of the City of Azusa. An appeal fee of be required. - Selected Crimes by Repotting District 2006 Rape Robbery Assault& Burglary Theft from Other Theft of Dmg TOTAL Battery Vehiele Theft Vehicle Offenses r` 0 0 - 3 4 4 3 5 1 20 111 0 0 8 1 8 5 - 7 1 30 112 1 0 2 0 3 0 0 0 6 113 0 0 1 0 1 2 3 0 7 114 0 0 4 3 1 1 1 -0 10 115 0 0 2 5 3 2 4 0 16 121 0 3 12 1 2 8 13 9 48 122 0 0 5 4 3 4 0 0 16 123 0 0 7 10 2 3 4 6 32 124 0 0 6 6 2 6 3 4 27 131 0 1 2 1 2 3 3 1 13 132 0 0 1 1 2 3 1 0 8 134 0 0 3 1 3 0 3 2 12 135 0 1 3 2 1 3 2 0 12 138 0 0 1 0 1 1 0 0 3 139 0 0 0 3 1 t 1 0 6 141 0 0 3 2 6 2 5 3 21 142 0 0 2 0 1 3 0 0 6 143 0 0 3 1 1 2 2 1 10 145 0 0 2 4 0 3 7 0 16 211 2 1 1 1 3 0 4 2 14 212 0 0 4 0 1T05 .4 12 213 0 0 1 0 1 0 4 214 0 0 3 1 2 0215 0 0 t 2 4 1 13 Rape Robbery Assault& Burglary Theft from Other Theft of Drug TOTAL, Battery Vehicle Theft Vehicle Offenses 216 0 0 1 0 0 2 0 U 3 221 0 0 5 3 4 1 6 2 21 i 222 0 0 5 5 3 2 1 0 16 223 0 1 16 6 10 7 15 3 58 224 0 4 15 5 6 7 8 2 47 225 0 4 12 10 14 8 8 1 57 226 0 0 4 2 28 10 8 0 52 231 0 1 3 1 4 0 4 1 14 232 0 0 1 2 3 2 1 2 11 233 0 0 -5 0 4 1 1 0 11 234 0 0 1 0 2 1 1 2 7 235 1 0 3 5 3 3 4 - 0 19 236 0 0 2 2 1 2 1 1 9 238 0 0 2 0 0 0 5 1 8 239 0 0 2 3 1 1 0 0 7 241 0 1 6 2 4 12 5 3 33 242 1 0 3 1 1 3 3 2 14 243 0 1 5 3 6 2 4 6 27 245 0 0 8 4 6 3 7 0 28 311 0 1 6 5 4 3 5 0 24 312 0 0 4 2 2 3 3 2 16 313 0 0 0 1 1 1 3 0 6 314 1 0 3 0 0 2 6 3 15 315 0 0 3 2 3 0 8 0 16 316 0 0 1 3 3 16 6 0 29 321 0 3 9 6 5 8 6 1 38 322 0 0 2 1 0 4 2 1 10 323 0 2 IS 4 13 17 11 5 70 Rape Robbery Assault& Burglary Theft from Other =WWC Drug TOTAL Battery Vehicle Theft ffenses 324 0 1 10 14 19 9 7 3 63 325 1 1 4 32 39 88 3 4 172 331 0 0 2 2 6 1 3 0 14 332 0 0 0 0 3 0 1 0 4 333 0 0 2 1 1 1 1 0 6 336 0 0 5 1 1 2 9 0 18 337 0 0 0 5 2 3 2 1 13 341 0 1 12 4 - 4 5 13 4 43 342 0 0 9 6 4 6 3 1 29 345 0 2 1 6 4 - 0 4 2 19 411 0 0 5 0 77=4 2 25 412 0 0 2 0 0 0 0 1 3 413 �OO 3 0 0 1 2, 0 6 414 0 0 4 6 2 1 3 1 17 415 0 2 6 2 5 5 6 1 27 416 0 0 1 5 3 5 4 0 18 421 - 0 0 3 2 2 7 1 2 17 422 1 2 5 6 2 2 4 0 22 423 0 0 10 4 12 7 8 4 45 ' 424 0 0 4 4 3 4 1 0 16 431 0 0 2 7 16 3 2 _ 0 30 434 0 0 2 5 2 1 1 1 12 436 0 0 8 3 11 3 5 0 30 441 0 0 9 4 11 1 3 2 30 443 0 1 9 6 16 5 10 2 49 444 0 1 5 5 17 5 5 - 0 38 445 0 0 2 1 17 5 3 0 28 - 511 �01 1 3 3 6 3 1 18 Rape Robbery Assault& Burglary Theft from Other Theft of Drug TOTAL Battery Vehicle Theft Vehicle Offenses I 512 0 0 4 2 1 0 1 0 8 513 0 0 2 0 5 0 3 0 10 514 0 0 2 1 0 1 2 0 6 515 0 0 0 0 4 1 3 0 8 516 0 0 0 3 0 2 0 0 5 521 0 0 6 1 4 2 3 0 16 522 0 0 1 2 1 1 0 2 7 523 0 0 3 1 5 1 4 0 14 611 0 0 7 3 6 3 9 2 30 612 0 0 4 0 3 2 1 2 12 613 0 0 1 0 2 0 0 0 3 614 - 0 0 3 0 0 0 0 _ 0 3 615 0 1 1 2 4 2 2 0 12 621 0 0 _ 3 3 3 1 1 0. 11 622 0 0 1 0 2 3 0 1 7 623 0 0 0 1 0 4 0 0 5 711 0 0 3 2 . 12 4 1 0 22 712 0 0 4 2 5 2 1 1 15 715 0 1 2 2 3 3 0 0 11 716 0 0 0 0 0 0 1 0 1 721 0 0 0 0 4 1 0 0 5 722 0 0 0 0 0 0 0 1 1. 723 0 0 0 0 1 0 0 0 1 801 0 0 0 1 0 1 0 0 2 810 0 0 0 1 3 - 5 4 1 14 811 0 0 3 0 10 3 7 4 27 812 0 0 1 0 1 0 1 0 3 821 0 0 1 5 9 4 1 1 21 Rape Robbery Assault& Burglary Theft from Other Theft of Drug TOTAL. Battery Vehicle Theft Vehicle Offenses 823 0 0 0 1 0 0 0 0 ] 999 0 1 8 0 3 9 18 11 50 Total 8 39 411 298 492 417 386 131 2,182 04/16/200 5 Breakdown of Crimes in Reporting District #324 (January 2006 thru November 2006): Robbery 1 Assault & Battery .10 Burglary 14 Theft from Vehicle 19 Other Theft 9 Theft of Vehicle 7 Drug Offenses 1 Total (District #324) 61 The above data was the most current data available as of the date requested by the Planning Division (i.e. during the review of MUP 2006-28). The data in the attached is the report (Selected Crimes by Reporting District 2006) varies slightly from the figure given in the staff report and listed above, as it includes crimes during the month of December 2006. r s 430001 > m - S Y P, Y k ' e 400603KFN - ` IVY y .-4.0 0 6 IN F y £ ` 4 Y to A 400800 404-301 ; r c £ryr. f � ' r kW •� s"" � �� '"k�� *' `�':S� � 302 y ,�y '` � ��z4'.. F£} a61k,' r 404000 404100 `, ' " Azufe Police Department Reporting Di.I o'' ? �Iz�" .h "Is's� n c, •,- 5" ... ,.1 u7.7 1 x a ai . j M 3-: µr,€ r r � .:.x,.36 `a J` � .r 4' F 999 ` n•rn�•,,,w., vilV Gf�11d1t _�-� 1 � B10 4� hn• f y- }, .., � -" 4q4': j $23 _ ]24 rr1 u jnz F? a 623 1801 -F t 6z4 .I 51 7 ,E 515: 5193.€ 3 512 Xf5(1 t5 a' 322' g A t j °§ /lb i15d 14 S 413 412 dti 1642 k. W`L2 423 - i24" j ------ �(ry 5g yi 1 31§Y ,9(N 3.3 312 1 X21 322 t YS:.- 53�ayyjr„i9 rydJ...ft y3 ?r'a 325 . i�.. kj; t"g li _. a m exx 3 �_ C �' •� 1 j s�"` 216. 4`t 8333 22$ ti 7 4'C $ 23 > 224 225 -- 1 I 721 za 2i2 F�= i�i,9j� 1 A c ; 2 .... � i I'A' ,.. ° 1124 . �' F'� ll 214 113 312 ill 2121 122 �., y� ,+ N s �# d z `L P 9 1 139 13B 236 J 14_ ! I 1�3 1�2 t31 k 1 I 1 1 _ 10 143 1 1t41 j239_E ' {„ 23B g •, 235 234 23 p}32�t 2fii1 28t+ -242 rk „999 C Y c 1 . 336 i 337 Legend t, ->a - E.,"' r .' 1 .�. 34l 999 BEAT 7 436 r 1 i... t 1� s 1 443 ._. 3 C v of C; ," County RESOLUTION NO. 2007-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA DENYING MINOR USE PERMIT NO. MUP 2006-28 A REQUEST TO ALLOW OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE LOCATED AT 792-794 E. ALOSTA AVENUE WHEREAS,the Planning Commission of the City of Azusa,has given notice thereof as required by law,held a public hearing on the application of Stanley Szeto, with respect to the requested Minor Use Permit No. MUP-2006-28 to allow off-site sale of beer and wine in conjunction with a convenience store and meat market at 792-794 E. Alosta Avenue; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That in accordance with Section 88.51.050 of the Azusa Development Code, the Planning Commission hereby denies said Minor Use Permit No. MUP 2006-28 based on the following findings: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code: On-sale of beer and wine is permitted with a MUP within the University District. The applicant is operating an existing convenience food store and meat market. The Development Code requires certain findings to be made in order to approve a license for off-sale of alcoholic beverages, but it does not provide guidelines in terms of how many outlets or licenses within a census tract can be approved. However, the State of California Business and Professions Code has certain standards that must be considered in order to approve a license. Undue Concentration The California Business and Professions Code defines undue concentrations for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off-sale outlets exists when either of the following is found to exist: a. The ratio of off-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio ofoff-sale retail licenses to population in the county; or b. The applicant premises are located within a high crime area according to Police Department statistics. With respect to the ratio of licenses to population, the entire City is considered to have an over concentration of outlets. The site is located within Census Tract number 4042. There Resolution No. 2007-10 April 11, 2007 MUP-2006-28 Page 2 of 5 are five (5) existing off-sale licenses within this census tract. According to information provided by the Department of Alcoholic Beverage Control this particular census tract allows five (5)off sale licenses before an undue concentration occurs. An additional license would cause undue concentration in this area. The crime reporting district in which the site is located is considered a high crime area according to the Business and Professions Code definition. A high crime area is defined as an applicant premises located in a crime reporting district that has a 20 percent greater number ofreported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction ofthe local law enforcement agency. For calendar year 2006, the average number of crimes pe;reporting district for the entire City was eighteen (18). By ABC standards, an undue concentration exists when the applicant premises are located in crime reporting district that has a 20 percent greater number of reported crimes than the average number ofcrimes as determinedfrom all crime reporting districts within the jurisdiction of the local law enforcement agency. The total number of crimes reported within that district was 61, which exceeds the 20%standard set by ABC and the Business and Professions Code. Due to the number ofoutlets within this census tract, the request does not meet the guidelines set forth by ABC and the Business and Professions Code. In addition, off-sale outlets already exist within less than % mile radius from the Subject Property. The Police Department has raised concern regarding the number ofservice of calls generated from this reporting crime district. The Police Department record's have indicated that most of the calls for service are generated by the Check Cashing business located within the same shopping center and the apartment building behind the business. Based on the crime rate and number of calls for service, the Police Department is unable to support an additional outlet within this Census Tract Therefore, Staff is unable to determine that the public convenience or necessity would be served by the issuance ofan additional outlet within this census tract. In addition, the Development Code requires that, in determining whether to approve a Minor Use Permit for alcoholic beverage sale, the following shall be considered and findings be made regarding each of these issues: a. The nature and use of real property within 500 feet of the use, and in particular the location of similar nearby uses and the location of residences, parks, schools, and religious facilities. There are multi family residences located adjacent and across the Subject Property. A church and private school is located immediately to the north on Alosta Avenue. A Little League f eld and an elementary school(Lee School) are located to the west. In addition, similar uses exist within less than `/< mile radius, including a 7-Eleven located at 705 E. Fifth Street. Resolution No. 2007-10 April 11, 2007 MUP-2006-28 Page 3 of 5 b. Appropriate measures to provide proper maintenance of the building exterior,including keeping the premises free of junk, litter, and debris. The Development Code requires that all properties within the City be maintained in order, in good repair and free of junk and debris. The property appears to be kept reasonablyfree ofjunk, litter, and debris. c. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings; light and glare. The shopping center appears to have adequate lighting to discourage loitering activities. Lighting at all commercial sites are required to be shielded and aimed to prevent or refecting on adjacent residences. d. Provision of onsite security,both inside and outside the building, to satisfy any concern raised by the Police Department. The business has surveillance cameras placed in various places within the interior of the market. No security cameras were observed outside the building. e. Adequacy of off-street parking provided for the use. There are twenty seven (27) off-street parking spaces provided for the entire shopping center. The parking is nonconforming, however, no expansions or additions are being proposed with this application. Therefore, the development standards setforth in Article 2—Urban Standards do not apply until the use is intensified or the building is expanded. f. Hours of operation. The market is open Monday through Saturday from 8:00 a.m. to 8:00 p.m. and Sunday from 8:00 a.m. to 7:00 p.m. The Department of Alcoholic Beverage Control regulates the hours that beer and wine can be sold to the public. g. Controls on occupancy limits inside the building and loitering outside of the building. The applicant has not proposed any specific measures, besides lighting, to control loitering. Therefore, the addition of beer and wine sale could result in loitering problems. h. Prevention of adverse effect of the use on value of adjacent properties. This application has not proposed any measures to prevent adverse impacts such as Resolution No. 2007-10 April 11, 2007 MUP-2006-28 Page 4 of 5 loitering and crime. Therefore, the sale of alcohol could negatively affect property value. i. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. The site is located within Census Tract number 4042 and according to information provided by the Department of Alcoholic Beverage Control the entire City has an undue concentration. In addition, the Department of Alcoholic Beverage Control has placed a moratorium on the City. There are five (5) existing off-sale licenses within this census tract.An additional license would cause further concentration in this area. In addition, there are three existing outlets within less than `/,of mile radius from the subject site that can adequately and conveniently serve the public. There is also an undue concentration based on the number of crimes within the crime reporting district. 2. The proposed use is not consistent with the General Plan and any applicable specific plan: The proposed use is in conflict with the General Plan because the proposed use would be incompatible with the surrounding neighborhood. An additional license in a high crime area may lead to additional crimes; resulting in a need for additional law enforcement services. By these standards an additional license would cause further concentration in this area, and would not be beneficial to the existing land uses. 3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity: There are multi family homes adjacent to the site, to the south behind the building to the north, and across the street on Alosta Avenue. The building backs up against an adjacent multi family complex to the west. Because of the overconcentration of alcohol sales outlets in the area, it is not expected that the proposed use will be compatible with existing and future land uses in the vicinity. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints: The sale of beer and wine will not intensify the density nor will it intensify the existing use. However, the Police Department has raised concerns regarding undue concentration of off-sale outlets within the census tract and the high number of crimes occurred within the crime reporting district in which the premises is located. 5. Granting the permit would be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: Resolution No. 2007-10 April 11, 2007 MUP-2006-28 Page 5 of 5 The proposed use is in close proximity to a church and private school and multi family residential uses. Due to the high crime rate within the crime reporting district where the premises is located, the addition of off-sale of beer and wine may result in additional crimes and the need for increased law enforcement services. Therefore, granting a minor use permit to allow off-site sale of beer and wine would be detrimental to the public safety. SECTION 2: Based on the aforementioned findings,the Planning Commission does hereby deny Minor Use Permit No. MUP 2006-28 for the property located at: 792-794 E. Alosta Avenue. SECTION 3: The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 11`h day of April, 2007. AZUSA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the I 1`h day of April, 2007, by the following vote of the Planning Commission: AYES: DIERKING, JAMES NOES: DODSON ABSENT: NONE ABSTAIN: NONE AZUSA PLANNING COMMISSION SECRETARY TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIUBOARD MEMBERS FROM: F. M. DELACH, CITY MANAGER DATE: JUNE 18, 2007 ! I SUBJECT: FISCAL YEAR 2007/08 CITY, AZUSA PUBLIC FINANCING AUTHORTIY, AND REDEVELOPMENT AGENCY BUDGET ADOPTION RECOMMENDATION It is recommended that the City Council and respective Boards formally adopt the City's Operating Budget, the.Redevelopment Agency's Operating Budget, and the Azusa Public Financing Authority's Operating Budget for Fiscal Year 2007/08 (the "Combined Operating Budget") as proposed at the May 29, 2007 Budget Workshop together with such amendments as they should desire and approve the attached Resolutions. BACKGROUND It is a pleasure to inform the City Council that when many cities are cutting budgets and struggling to balance their revenues and expenditures, the City of Azusa has been able to restore funding and staffing in the Street Division, Parks Division, and the Azusa Public Library back to the service levels prior to past cuts. Further, we have proposed enhancements to the Police Department, and development services in Engineering and Planning, as well as our Electric and Water Utilities. These additions of staff will improve public safety and service delivery for Azusa's residents. Staff is proud of our accomplishments that have made it possible to restore and improve services for all of Azusa. The Combined Operating Budget for FY 2007/08 was presented to Council at the May 29, 2007 workshop, at which time it was presented in detail. Council tentatively approved the budget at the workshop and directed staff to make certain amendments, and finalize the budget documents and resolutions for this meeting. The resolutions and budget amendments (attachment "A") are included with this memorandum. At the Budget Study Session several supplemental appropriations were submitted for consideration. These items include consideration of "seed money" for the "California Resource Connections", funding for the Azusa Chamber of Commerce, and the Azusa Downtown Business Association. As always, should additional items arise for Council consideration toe Budget maybe amended at a subsequent meeting. FISCAL IMPACT The Combined Operating Budget of $136,327,013 (comprising the City General Fund, Enterprise funds, Azusa Redevelopment Agency, and the Public Finance Authority) together with the costs of such amendments as the Council and respective Boards may approve pursuant to Attachment "A" of this report. The General Fund appropriation is $31,768,318. Attachments Budget Summaries and Resolutions Attachment "A" ITT TO: Honorable Mayor and Members of the City Council FROM: Fran Delach, City Manager SUBJECT: City Manager's Budget Message for Fiscal-Year 2007-08 DATE: June 18, 2007 I am pleased to present the Budget for the 2007-2008 Fiscal Year. The Annual Budget is the Council's most important annual legislative responsibility. Budget preparation identifies community standards with respect to acceptable service levels for our citizens and the establishment of service priorities by the City Council. This document outlines and describes specific programs, along with a financial plan designed to meet the service requirements of our citizens for the next twelve months. Capital projects proposed for FY 07-08 are not incorporated in this document and will be submitted separately. Two years ago the City of Azusa was facing a General Fund cash flow deficit of over $700,000 in the Preliminary Budget with a projected deficit of approximately $1.3 million by 2006-2007. However, with increasing revenues, cost containment, and more prudent use of fund resources the Budget for 2006-2007 was balanced and the Budget hereby presented for your consideration is also in balance. Furthermore we have responded to Council's goals and direction to attempt to restore some of the critical services reduced back in the 2003-2004 Budget. In that regard, the 2007-2008 contains the following increases in staffing: Add'1 Department Division New/Proposed Classification Current Classification FTE Fund Admin, Services Business License Revenue Supervisor Business Resource Specialist 0.0 GF Econ & Comm Dev Planning Planning Technician New Position 1.0 GF Public Safety Police Dispatcher New Position 1.0 GF Public Safety Police Jail, Fleet and Facility Coordinator New Position 1.0 GF Public Safety Police Police Officer Reserve-Part-Time New Position 0.375 GF Public Safety Police Police Officers 2 New Positions 2.0 GF Public Works Engineering Inspector New Position 1.0 GF Public Works Engineering Engineering.Assistant New Position 1.0 GF Public Works Roadway Maint Street Maintenance Worker I New Position 1.0 Gas Tx Public Works Roadway Maint Street Maintenance Worker I-Part-Time New Position 0.5 Gas Tx Rec& Fam Srvcs Parks Maint Parks Maintenance.Worker I-Full-Time Parks Maint Worker I-Part-Time 1.0 GF RDA CIP-Administration Redevelopment Project Manager Econ Dev Specialist 0.0 RDA Light and Water Electric Apprentice Electrical Test Technician New Position 1.0 L&W Light and Water Electric Line Mechanic Apprentice Line Mechanic 0.0 L&W Light and Water Electric Electrical Engineer Associate Engineer 0.0 L&W Light and Water Electric Power Resource Tech:2 Part-Timers New Position 1.0 L&W Light and Water Water Water System Engineer New Position 1.0 L&W Light and Water Water Water Production Operator I Water Prod Maint Mechanic 0.0 L&W The 2007-2008 Budget stays within current projected resources. In addition, the Budget contains staff initiatives to continue implementing the City's Strategic Plan. The Strategic Plan goals can continue to be accomplished if prudent care is exercised in maintaining the philosophy that the City cannot spend what it does not have. Cost containment measures will remain in effect, and we will actively seek.new non-tax revenue sources to increase the City's General Fund resources. Again this year, as in the past several years, we will keep a careful watch on the State budget and legislative action that may have an impact on the City's financial condition. The strategy for preparing the 2007-2008 Budget document was designed to facilitate a balanced budget, to maintain and where necessary, enhance service levels, and to meet the City's non-discretionary financial commitments for the 2007-2008 Fiscal Year. Revenues General Fund revenues show a projected increase of $2,970,697 or 10.2% from the prior year's budget. Healthy growth in assessed valuation (approximately 10% in 05-06, 20% for the current fiscal year and 10% projected for next year) is primarily responsible, resulting in significantly increased property tax revenue as well as the portion of Vehicle License Fee revenue now tied to property valuation. A detailed list of revenue projections is included in the Summary section of this preliminary Budget. Expenditures General Fund expenditures and operating transfers out show an increase of $2,215,724 or 7.5% for FY 07-08. Increased Fire Safety costs, insurance costs and the addition of new staff are a significant part of this overall increase. Summaries of expenditures by Department for all funds and the General fund specifically, are included in this preliminary Budget in the Summary section. General Fund Summary The following schedule summarizes the proposed revenues, expenditures and changes in the General Fund balance for FY 2007-2008. The primary focus of attention continues to be the General Fund which accounts for the majority of non- utility operations, including, Police, Fire and General Government. In addition to ongoing costs, there is $627,980 in one-time or discretionary expenditures proposed for the FY 2007-2008 Budget. These costs include capital outlay for new and replacement equipment ($427,977) and a contribution for the Equipment Replacement Fund ($200,000). These budget items can be deferred or eliminated should sudden adverse economic conditions occur. The overall condition of the City's non-general funding sources is included in the Summary section of this Preliminary Budget. Beginning General Fund Balance 7/01/07 $5,913,829 FY 07-08 Projected Revenues&Transfers In 32.100,713 Balance Available $38,014,542 Less: Operating Expenses& Transfers out (31,140.341) Preliminary Projected Balance @ 6/30/08 $ 6.874.201 Less Discretionary & One Time Expenses Capital Equipment (427,977) Transfer to Equipment Replacement20( 0.000) Subtotal (627,977) Proposed Fund Balance @ 6/30/08 $6.246.224 Summary This Budget, as presented, provides for the maintenance of service levels for the majority of City programs. However there are several items that may affect our ability to maintain our current service levels. For those reasons, we have prepared a financial plan that will maintain required services within our operating revenue base and will not be reliant on one-time sources of funds. The projected General Fund un-designated reserves as of June 30, 2008 will be $6,246,224. Our goal is to continually look at our revenue resources, continue to monitor our expenditures, and implement efficiencies wherever possible. The 2007-2008 Budget represents a program designed to ensure that Azusa remains an outstanding City in which to live, work, and conduct business. Furthermore, I believe these programs reflect your priorities, as well as the priorities of the community, as they can be achieved within the City's financial resources. Respectfully submitted, Fran Delach City Manager sumnuny of Changes to Fund Balances Estimated Estimated. Estimated Estimated Estimated E. Estimated Estimated Fund Balance Revenues Transfers Expenses Transfers Annual Fund Brilliance Fund 6/30/2007 . for FY 2008 In for FY 2008 Out Budget Bill 6/3072008 General Fund(undcsignxtcd) 5,913,829 31,094,099 1.006,614 27,650.333 4,117.985 332.395 6,246 224 Special Revenue Funds State Gas Tax 152,016 1,386,000 0 1,173,193 0 212-807 364-823 fhvy 39 Mnint 1,799,546 0 0 0 0 0 1,799,546 Utility Mitigation 410,000 0 770,000 0 0 770,000 1,180,000 Transit-Proposition'A' 1,106,444 933,000 0 907,109 0 25.891 1.132.335 TmnsiL-Proposilion'C' 1.052,266 851,000 0 696,698 0 154,302 1,206,568 C D R G 1.443 674,580 0 674,579 0 1 1,444 Senior Nutrition 0 168,805 73,355 242,160 0 0 0 Public Benefit Program 1,518,223 860.000 0 819,383 0 40,617 1,558,840 Air Quality Improvement 83.701 100,000 0 72,537 0 27,463 111,164 State Grants and Seizures 914,245 335,212 376,185 1,268,149 0 (556,752) 357,493 Suppl Lav Enforcement 1,649 102,000 41,014 143,014 0 0 1,649 COPS-Universal Hiring 0 0 0 0 0 0 0 CFD Administration Fall 0 0 0 0 0 0 0 Fire Safety Contract 45,000 1 21,000 3,679,410 3,679,410 0 21,000ffil,,'716362"',,05000D Total Special Revenue Funds 7.084 533 5,431.597 4,939.964 9,676,232 0 695,329 Capital Projects Funds , Park In-Lieu 14,806 15ND 0 0 0 13,000 Capital Projects 40.732 0 0 0 0 0 Rosedale Contribution Fund 1,849,854 0 0 525,838 0 (525,838) Rosedale, Mitigation 1,132.500 0 0 0 0 0 Public Works Endowment 1,730,696 0 0 0 0 0 1.730,696 Total Capital Project Funds 4,768,588 15,000 0 525.838 0 (510,8381 4,257,750 Debt Service Fund Public Financing Authority 523.823 732,750 2,345,000 2.024.625 0 1,053,125 1,576,948 Tntn1 Deb(Svc Fund 523.823 732,750 2,345,000 2,024,625 0 1,053.125 1,576.948 Enterprise Funds Water 23,657,095 17,187.520 0 16,075,085- 1,436,355 (323,920) 23,333,175 Saver 1,758,334 1,620,000 0 1,452,923 223.050 (55,973) 1.702,361 Light 36,003.897 43,772,501 0 48,809,887 0 (5.037,386) 30,966,511 Refuse 8,004 3,645.000 25,000 3.035,000 0 635,000 643,004 Total Enterprise Funds 61,427.330 66.225,021 25,000 69,372.895 1.659.405 (4,782,279) 56,645,051 Page 1 of 28 Estimated Estimated Estimated Estimated Estimated Estimated Eslimotcd Fund Balance Revenues Transfers Expenses Transfers Annual Fund Balance Fund 6/30/2007 for FY 2008 In for FY 2008Out Budget Dal 6/30/2008 Internal Service Funds Consumer Service 565,729 5,315,919 0 5,641,832 135,807 (461,720) 104,009 Employee Benefit 6.193 0 0 0 0 0 6,193 Sclflnsumnce 80,570 2,230,413- 0 2.235,681 0 (5.268) 75,302 Central Services 14,629 136,450 0 150,836 0 (14.386) 243 Equipment Replacement 641,531 0 0 395,664 0 (395,664) 245,868 Inirn-Govemmentat Loan 12,270,626 0 0 0 0 0 12,270,626 IT Services 3,983 1.825,942 0 1,825,942 0 0 3,983 Total internal Service Funds 13,583,261 9,508,724 0 10,249,955 _ 135,807 (877,038) 12.706,223 Sub-Total All Funds 93,301,364 113,007,191 8,316.578 119,499,878 5,913,197 (4,089,306) 89.212,058 Less:Internal Service (13,583,261) (9,508,724) 0 10,249,955) 135,807) 877.038 02.706.223 Net Total All City funds 79,718,103 103,498,467 8,316,578 109,249,923 5,777,390 (3,212,266) 76,505,835 Peg.2 a12B EXPENDITURE SUMMARY GENERALFUND (1) (2) (3) (4) FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2006-2007 2007-2008 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) CITY COUNCIL Mayor&Council 140,097 133,364 6,734 -4.8% Subtotal ` -'140,097 ' :1133,364 ' (6,734) .4.8% ' ADMINISTRATION City Manager/Administration 467,730 503,526 35,795 7.7% Promotion/Membership 157,924 168,414 10,490 6.6% Subtotal 625,654 ' 671,939 "- '46,286 57.4% CITY ATTORNEY -'231,600 231,000. --'(600) -0.3% CITY CLERK .443,341 ' ' -416,654 (26,687) ".6.0% - CITY TREASURER 88,117 ```"88,638 521 "0.6% ADMINISTRATIVE SERVICES Business License 252,263 197,944 (54,319) -21 5% City-Wide 2,427,586 2,649,003 221,417 9.1% Finance 1,035,928 1,071,079 35,151 3.4% Human Resources 401,082 400,996 (86) 00% Printing Services 12,000 12,200 200 1.7% Purchasing 300,931 324,127 23,196 7.7% Subtotal 4,429,790 4,655,349 225,559 5.1% COMMUNITY DEVELOPMENT Building 523,426 550,432 27,006 5.2% Community Improvement 482,334 417,096 (65,239) -13.5% Planning 471,110 604,935 133,825 28.4% Subtotal ""1,476,871 - 1,572,463 95,592 . 6.5% Page 3°126 11) (2) (3) (4) FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2006-2007 2007.2008 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) LIBRARY General Services 1,115,162 1,194,655 79,493 7.1% Literacy 76,199 80,290 4,090 5.4% Youth Services 2,800 3,150 350 12.5% Subtotal . ... . .. -.,.:1,194,161 .:��. .1, 278,095 83,934 7.0% PUBLIC SAFETY Crossing Guards 103,303 110,535 7,232 7.0% Emergency Services 124,765 121,132 (3,633) -2.9% Police Department 12,682,008 13,700,352 1,018,344 80% Police Contract Services 597,302 599,250 1,948 0.3% Subtotal 13,507,378 "14,531,269 1,023,891 7.6% PUBLIC WORKS Engineering 46,140 237,542 191,402 414.8% Facilities Maintenance 478,602 501,905 23,303 4.9% Graffiti Removal 44,000 125,000 61,000 184.1% Roadway Maintenance 5,000 5.000 Subtotal 568,742 ! : 869,447 300,706 '52.9% RECREATION AND FAMILY SERVICES Parks Maintenance 1,194,020 1,321,687 127,666 10.7% Recreation 956,067 1,035,876 79,809 8.3% Senior Activities 175,388 186,769 11,381 6.5% Woman's Club 32,984 29,807 (3,177) -9.6% Subtotal 2,358,459 `- .2,574,138 :215,679 �9.1% TOTAL GENERAL FUND OPERATIONS BUDGET 25,064,210 27,022,356 1,956,146 7.8% CAPITAL OUTLAY 291,290 427,977 136,687 46.9% VEHICLE REPLACEMENT RESERVES 200,000 200,000 0.0% TOTAL OPERATING TRANSFERS 3,997,094 4,117,985 120,891 3.0% TOTAL GENERAL FUND BUDGET 29,552,594 31,768,318 2,215,724 7.5% Page 4 or 28 EXPENDITURE SUMMARY ALL FUNDS (1) (2) l31 (4) FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2006-Z007 2007-2008 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) CITY COUNCIL Mayor&Council 140,097 133,364 6,734 -4.8% Subtotal 140,097 133,364 (6,734) .4.8% ADMINISTRATION City Manager/Administration 467,730 503,526 35,795 77% Promotion/Membership 157,924 168,414 10,490 6.6% Subtotal 625,654 671,939 46,286 7.4% CITY ATTORNEY 231,600 231,000 (600 -0.3% CITY CLERK 443,341 416,654 26,687 -6.0% CITY TREASURER 88,117 86,638 521 0.6% ',I ADMINISTRATIVE SERVICES APFA Debt Service 581,920 2,024,625 1,442,705 247.9% Business License 252,263 197,944 (54,319) -21,5% City-Wide 2,679,586 2,649,003 (30,583) -1.1% Finance 1,047,428 1,071,079 23,651 2.3% Human Resources 401,082 400,996 (86) 0.0% Information Technology 1,986,266 1,825,942 (160,324) -81% Mountain Cove CFD 50,000 50,000 - 0D% Printing Services 12,000 12,200 200 1.7% Purchasing 300,931 324,127 23,196 7.7% Risk Management. 1,903,778 2,235,681 331,904 17.4% Rosedale CFD 220,186 525,838 305,652 138.8% Subtotal 9,435,439 11,317,435 1,881,996 19.9% page 6 or 28 11) (2) (3) (4) FISCAL YEAR FISCAL YEAR VARIANCE BUDGET ACTIVITY 2006-2007 2007-2006 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) COMMUNITY DEVELOPMENT Building 523,426 550,432 27,006 5.2% Community Development Block Grant 804,670 674,579 (130,091) -162% Community Improvement 482,334 417,096 (65,239) -13.5% Planning 471,110 604,935 133,825 28.4% Subtotal. 2,281,541 2,247,042 (34,499) -1.5% LIBRARY General Services 1,115,162 1,194,655 79,493 7.1% Grants 75,900 36,000 (39,900) -52.6% Literacy 76,199 80,290 4,090 5A% Youth Services 2,800 3,150 350 12.5% Subtotal 1,270,061 1,314,095 44,034 3.5% PUBLIC SAFETY Asset Seizures 147,593 165,640 18,047 12.2% Crossing Guards 103,303 110,535 7,232 7.0% Emergency Services 124,765 121,132 (3,633) -2.9% Fire Safety 3,060,142 3,679,410 619,268 20.2% Grants 879,866 445.572 (434,294) -49.4% Police Department 12,760,658 13,700,352 939,694 7.4% Police Contract Services 597,302 .599,250 1,948 0.3% Subtotal 17,673,629 18,821,891 1,148,262 6.6% PUBLIC WORKS - Air Quality Management District(AQMD) 103,895 72,537 (31,357) -30.2% Central Garage 145,520 150,836 5,316 3.7% Engineering 146,146 337,542 191,402 131,0% Facilities Maintenance 478,602 501,905 23,303 4.9% Graffiti Removal 44,000 125,000 81,000 1841% Proposition 836,631 907,109 70,478 8.4% Proposition C 737,158 696,698 (40,460) -5.5% Sewer Maintenance 1,253,772 1,452,923 199,151 15.9% Roadway Maintenance -1,030,912 1,028,193 2,719 -0.3% Subtotal 4,776,630 6,272,743 496,113 10.4% Page 6 of 28 (1) (2) (3) (4) . FISCAL YEAR FISCAL YEAR VARIANCE BUDGETACTIVITY 2006.2007 2007-2008 INCREASE %CHANGE REVISED BUDGET PROPOSED BUDGET (DECREASE) RECREATION AND FAMILY SERVICES Parks Maintenance 1,244,020 1,371,687 127,666 10.3% Recreation 975,477 1,035,876 60,399 6.2% Senior Activities 175,388 186,769 11,381 6.5% Senior Nutrition 213,130 242,16u 29,030 13.6% Woman's Club 32,984 29,807 3,177 -9.6% Subtotal 2,640,999 2,866,299 225,299 8.5% LIGHT AND WATER Customer Care and Solutions 5,554,531 5,641,832 87,302 16% Electric 42,693,815 48,809,887 6,116,073 14.3% Public Benefit 655,844 819,383 162,538 24.7% Solid Waste Management 3,794,608 3,798,952 4,345 0.1% Water 15,162,162 16,075,085 912,922 6.0% Subtotal 67,861,960 75,145,139 7,283,179 10.7% TOTAL CITY OPERATIONS BUDGET 107,469,066 118,526,239 11,057,171 10.3% CAPITAL OUTLAY 291,290 $623,640 532,350 182.8% VEHICLE REPLACEMENT RESERVES 200,000 200,000 0.0% REDEVELOPMENT AGENCY 29,434,722 21,299,699 (8,135,023) -27.6% TOTAL OPERATING TRANSFERS 3,997,094 5,913,197 1,916,103 47.9% TOTAL CITY BUDGET 141,392,174 146,762,775 5,370,601 3.8% Page 7 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2D06 Adopted Proposed Actuals Actuals Revenues Revenues 10(General Fund) 10(Property Tax) 4001 (Prop Tax Sec Currnt) 2,183,961 2,610,820 2,740,305 3,446,282 (Prop Tax in-lieu of VLF) 2,570,701 3,221,285 3,256,975 3,960,000 14005(Prop Tay]Unsecured/Current) 28,509 81,793 100,000 82,000 4010(Homeowner's Exemption) 37,397 30,575 30,000 35,000 4020(Prop Tax/Prior Year) 194,482 91,595 75,000 105,000 4022(Prop Tax/Supplmn8 Roll) (49) 264,448 150,000 200,000 4040(Prop Tax/Penalty&Interest) 39,745 56,786 40,000 40,000 4050(Prop Tax/Redemption) 56,357 74,289 60,000 60,000 4060(ERAF III Reduction) (434,737) (434,737) 0 0 4090(RDA Pass-Through/Stat Pmt 0 42,755 0 33,700 4099(Property Tax/Other) 402 0 0 0 10(Property Tax) Totals - 4,676,767 6,039,619 6,452,280 .7,961,982 11 (Taxes/Nan Property) 4101 (Taxes/General Sales&Use) 3,175,589 3,648,203 3,493,000 3,757,649 4102(In-lieu UUT Azusa Pacific Uni. 0 - 0 110,000 130,000 4103(Ufility User Tax) 2,919,740 3,086,589 3,30D,000 3,493,245 4104(Public Safety Aug Fund) 254,389 268,785 270,000 270,000 4105(Taxes/Transient Occupancy) 259,384 242,581 240,000 240,000 4112(Taxes/Hazardous Waste) 307,177 302,694 387,180 305,000 4116(TaxeslAdmission/Swap Meet) -0 107 0 0 4120(Taxes/Land Excavation) 584,037 650,425 580,000 650,000 4125(Taxeslrransfer) 298,423 195,755 275,000 225,000 4143(Franchise/Towing) 49,118 42,896 52,000 70,000 4145(Franchise/Cable TV) 210,676 215,402 168,650 215,402 4146(Franchise/Electric) 21,818 22,989 23,000 23,000 4147(Fr2nchise/Gas) 159,244 196,816 164,800 200,000 4151(Franch/L&W Utility 2%) 778,749 870,962 860,400 935,350 4155(Franch/L&W Utility In-Lieu B%) 1,934,630 2,203,702 2,342,600 1 2,461,400 4159(F ranchise/Landfit0 502,153 457,595 500,000 460,000 4160(Franchise/LandMYExpn) 37,297 37,697 40,000 40,000 11(faxes/Non Property) Totals 11,572,424 12,443,201 12,806,630 13,476,046 12(License&Permits) 4110(Texes/Business License) 1,538,113 1,537,442 1,600,252 1,550,000 4111 (Business LicenselOther) - 11,225 9,645 14,500 10,000 4201 (PERMITSIBLDG) 168,104 187,809 250,ODo 272,13D0 4202(Permits/Automation Fee) 20,887 22,632 23,000 26,000 4205(Permits/Plumbing) 13,446 24,375 20,000 22,000 4210(Permits/Electrical) 21,108 18,454 16,000 18,000 4216(Permits/Mechanical) 10,178 10,258 10,000 12,000 4223(Permits/Bldg/Occupancy) 4,935 4,760 4,500 4,500 4224(PermkslBldg/Other) 1,176 861 1,000 1,000 4235(Permits/Excavation) 12,575 8,848 9,400 9,400 4237(Permits/Public Works) 38,882 41,257 39,500 39,500 Continued Page 8 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 10(General Fund)-Continued 12(License&Permits)-Continued 4240(LicenseslAnimal) 36,908 43,853 37,750 45,000 4245(Permits/Conditional Use) 22,221 44,654 25,OD0 25,000 4249(PermitslOther) 266 265 300 200 5238(Fireworks Permit) 0 16,002 0 0 12(License 8 Permits) Totals 1,900,024 1,971,115 2,051,202 2,034,600 13(Fines&Penalties) 4301 (Fines/Motor Vehlcle) 38,915 35,086 50,000 SO,OOD 4303(Evidence Forfeiture) 1,274 36 500 1,500 4305(Fines/CourUOther) 232,114 157,769 170,000 210,000 4310(Fees/Library) 11,284 11,675 11,500 12,000 4315(Penalties) 336,697 247,749 15,000 266,470 4317(Penalties/Burglar Alarms) 1,188 572 1,250 2,500 4318(Alarm Registration) 5,000 4319(False Alarms) 0 0 20,000 5105(Parking Enforcement) 106,190 106,770 105,000 136,000 5110(Vehicle Code Enforcement) 0 0 50 0 5115(General code Enforcement) 0 0 25,000 0 13(Fines&Penalties) Totals 729,662 561,393 378,300 723,470 14(Money&Properly Use) 4401 (Rent/Woman's Club) 21,650 30,540 28,000 28,000 4405(Rents/Recreation Facility) 43,304 39,479 42,000 42,000 4406 Water Rights 1,125,590 1,227,912 1,262,960 1,262,960 4410(Rents/Library) 1,513. 1,675 1,550 1,700 4412(Rent/Building) 1,215 13,540 ]580.000 1,100 15,000 4435(Interest Income) 197,482 674,788 800,0004499(RenWOther) 30,624 49,88228,800 S14(Money&Property Use) Totals 1421,378 2,037,816944,410 2,199,660 15(Intergovernmental Revenues) 4501 (Motor Vehicle In-Lieu Tax) 1,123,124 258,850 345,966 350,000 4512 Rents/Senior Center 0 0 15,000 12,500 4530(Off-Highway License Fee) 1,721 740 650 650 15 Qntergovernmental Revenues) Totals 1,124,845 259,590 361,616 363,150 16(Cost Reimbursements) 4601 (Reimbursements/Damage) 6,725 910 1,000 1,000 4602(Relmb/Court Costs) 70,408 45,669 65,250 50,000 4610(ReimbiJury Duty) 810 0 1,000 0 Continued Page 9 of 28 STATEMENT OF REVENUES BY FUND F 2007 FY 2008 FY 20D5 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 10(General Fund-Continued 15(Cost Reimbursements) 4615(ReimblLost 8 Paid Malls) 4,582 11,380 4,350 0 4620(Reimb/State of Cafrfornia) 16,492 69,370 9,000 70,000 4625(Reimb/Police) 55,010 30,618 42,700 38,300 4626(Relmb/P.O.S.T) 14,875 14,344 16,000 17,100 4645(ReimblRedevelopment Agency) 1,351,945 1,121,744 1,370,360 1,317,820 4699(Reimbursements/Other) 1,318 125 0 0 4630(ReimblCounty) 0 12 0 0 16(Cost Reimbursements) Totals 1,522,165 1,294,172 1,509,660 1,494,220 17(Charges for Services) 4701 (FeestPrisoner Booking) 21 158 0 0 4702(Fees/Police User) 22,913 25,950 25,000 25,000 4703(Fees/Oper Fees) 41,356 28,421 36,000 37,000 4704(Fees/Plan Checking) 141,201 1 258,458 130,000 100,000 4705(Fees/General Plan) 10,175 0 10,000 10,000 4706(Fees/Zone Change) 2,743 11 3,000 3,000 4707(Fees/Va(ances) 22,503 346 25,000 20,000 4709(Fees/Environmental) 4,134 11,049 4,000 1 7,000 4710(Fees/File&CerVolitical) 5,060 0 5,300 0 4711 (Feesrrentative Maps) 8,583 19,517 10,000 10,000 4715(FeestPublic Nusance Abatement) 43,118 562 1,500 1,500 4717(FeeslReal Property Records) 38,074 34,149 22,000 22,000 4719(Fees/Rental Housing Inspection) 32,703 48,065 45,000 45,000 4721 (Fees/Cleaning) 450 1,900 1,000 1,000 4724(FeeslRec ClasslGeneral) 85,865 133,555 90,000 130,000 4725(Precise Plans) 89,346 79,702 92,000 90,000 4726(FeeslRec Class/Svnmming) 59,783 56,073 50,000 55,000 4728(Fees/Adult Sports) - 20,112 67,868 35,000 60,000 4730(FeeslYouth Sports) 61,316 57,546 50,000 55,000 4731 (Fees/Excursions) 25,486 22,713 36,000 36,000 4734(Fees/Advertising) 1,080 560 1,140 10,000 4735(Fees/Reprographics) 2,231 .1,062 2,300 2,500 4737(Building Administrative Fee) 64,251 70,608 70,000 80,000 4739(License Administrative Fee) 174,409 187,098 175,000 175,000 _ 4741 (Fees/Administrative) 781 714 1,330 800 Continued Page 10 or 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 94756 i(FEESfTOWING ontinued ire Plan Check) 13,919 14,283 12,500 14,000 ervices)-Continued unity Maintenance Fee) 131,959 164,322 117,100 117,100 Dtary Certification) 390 540 125 500 U.S Passports) 47,005 34,910 47,000 53,000 lTOWING IMPOUND RELEA 36,156 36,059 45,001) 52,000 4757(Fees/Private Tree Trimming) " 0 D 3,000 3,000 4795(Adminislration/Interfund) 0 1,013,289 1,467,049 1,493,371 4799(Recovered Cost/Other) 0 150 17(Charges for Services) Totals 1,188,128 2,371,636 2,612,344 2,708,771 -30( iscellaneous Revenue) 4415(Vending Machine Collection) 5,775 3,848 3,000 3,000 4416(P.D.Phone Commissions) 2,703 0 2,650 0 4793(Fund Raising) 186,143 - 853 1,000 5017 4801 (Sale/Maps&Publications) 1,285 1,225 1,500 1,500 4802(Sale/Merchandise) 81 28 10D 100 4805(Sale/Scrap Metal) 9,842 12,348 8,000 12,000 4810(Sale/Real&Personal Property) 1,195 824 1,000 1,000 4815(Sale/Equipment&Materials) 9,347 0 10,000 10,000 _ 4850(Charges/N3F Checks) (2,936) (4,617) 0 - 0 4868(Restricted Contrib/Police) 50 100 100 100 4875(Donations) 27,912 14,425 0 5,000 4898(Administrative Fee) - 90,445 66,735 91,000 85,000 4899(Miscellaneous Other) 15,199 (619,968) 15,100 14,000 30(Miscellaneous Revenue)Totals 347,041 (524,199) 133,450 132,200 Total Revenues 24,462,433 26,454,343 28,249,892 31,094,099 40(Transfers from Other Funds) --- 5940(Transfers from Other Funds) 2,134,000 823,500 680,124 1,006,614 40(transfers from Other Funds) Totals 2,134,000 823,500 880,124 1,006,614 10(General Fund)Totals 38,857,650 27,277,843 29,130,016 32,100,713 Continued Page 11 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 12(Gas Tax) 14(Money&Property Use) 4435(Interest Income) 97,114 119,490 50,000 120,000 14(Money&Property Use)Totals 97,114 119,490 50,000 120,000 15(Intergovernmental Revenues) 4510(Gasarrne Tax/State2106) 196,301 176,819 197,518 190,000 4511 (Gasoline TaxlState12107) 388,323 394,753 438,236 440,000 4512(Gasoline TaWStale2107.5) 6,000 6,000 6,000 6,000 4513(Hwy User Tax/State2105) 294,725 295,984 328,389 330,000 4540(California State Grants)2104 0 216,320 202,767 300,000 4550(Payments from Other Agencies) 0 23,988 0 0 15(Wergovernmental Revenues) Totals 885,349 1,113,864 1,172,910 1,266,000 40(Transfers In) 5940(Transfer from Other Funds) 0 1 96,000 0 0 40(Transfers In) Totals 0 96,000 0 0 12(Gas Tax)Totals 982,463 1,329,354 1,222,910 1,386,000 15(Prop A) 11 (Taxes/Non Property) 4101 (Taxes/General Sales&Use) 747,070 776,484 701,053 775,000 11(Taxes1Non Property) Totals 747,070 776,484 701,053 775,000 14(Money& Property Use) . 4435(In terestlncome) 12,150 34,413 20,000 40,000 14(Money&Property Use) Totals 12,150 34,413 20,000 40,000 15(Intergovernmental Revenues) 4587(County Dial-A-Ride Svc Fee) 74,883 94,191 75,000 95,000 15 pntergovernmental Revenues)Totals 74,863 94,191 75,000 95,000 17(Charges far Services) 4732(FeestRider Fares) 13,163 11,864 12,000 12,000 4734(FeesfA 734(Fees/A11,971 10,496 11,000 11,000 17(Charges for Services) Totals 25,134 22,360 23,000 23,000 15(PropA)Totals 859,237 927,464 819,053 933,000 Continued Page 12 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 17(Prop C) 11 (Taxes/Non Propert/) 4101 (Taxes/General Sales&Use) 640,048 665,727 581,479 670,000 11(Taxes/Non Property) Totals 640,045 665,727 581,479 670,000 14(Money 8 Property Use) 4435(Interest Income) 5,775 23,301 20,001) 30,000 14(Money 8 Property Use)Totals 5,775 23,3Df 20,000 30,000 16(Cost Reimbursements) 4699(ReimbursementslOther) 59 14,459 0 0 16(Cosi Reimbursements) Totals 59 14,459 0 0 . 17(Charges for Services) 4732(Fees/Rider Fares) 15,310 14,017 14,000 15,000 4733(Bus Pass Sales) 136,789 112,376 137,000 135,000 17(Charges for Services) Totals 152,099 126,393 151,000 150,000 30(Miscellaneous Revenue) _ 4899(Miscellaneous Other) 0 0 0 i,00D F 30(Miscellaneous Revenue) Totals 0 0 0 1,000 40(Transfers In) 5940(Transfer from Other Funds) 0 7,680 0 0 40(Transfers In) Totals 0 7,680 0 0 17"C)Totals 797,981 837,560 752,479 851,000 18(CD Block Grant) 15(Intergovemmental Revenues) 4579(Federal Govt Allocations) 759,020 734,427 654,170 674,580 IS(intergovernmental Revenues)Totals 759,020 734,427 654,170 674,560 18(CD Block Grant) Totals 759,020 734,427 654,170 674,580 Continued Page 13 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2006 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 19(Park4n-Lieu/Quimby) 14(Money&Property Use) 4435(Interest Income) 0 4,475 0 0 14(Money&Property Use)Totals 0 4,475 0 0 20(License and Permits) 4225(Quimby Act Collections) 0 13,500 0 15,000 20(License and Permits)Totals 0 13,500 0 15,000 19(Park-In-LieWOuimby) Totals 0 17,975 0 1 15,000 21(Sr.Nutrition) 15(Intergovernmental Revenues) 4565(Area Agency on Aging Grant) 87,675 96,566 93,773 93,773 4570(USDA Grant(Sr Nutrition)) 15,561 18,433 18,032 18,032 15(Intergovernmental Revenues)Totals 103,236 115,001 111,605 111,805 30(Miscellaneous Revenue) 4875(Donations) _ 43,409 47,257 56,688 57,000 4880(Donations-in-Kind) 0 37,626 0 0 30(Miscellaneous Revenue) Totals 43,409 84,863 56,688 57,000 Total Revenues 146,645 199,884 '168,493 168,806 . 40(Transfers from Other Funds) 777[T940(Transfers from Other Funds) 80,000 64,028 44,626 73,355 40(Transfers from Other Funds)Totals 80,000 64,028 44,626 73,355 21(Sr.Nufrition) Totals 226,645 - 263,912 213,119 242,160 24(Public Benefit Program) 14(Use of Money and Property) 4435(Interest Income) 0 49,046 0 50,000 14(Use of Money and Property)Totals 0 49,046 0 50,000 17(Charges for Services) 4727(AB1890 Pub Ben Progs) 655,436 646,937 650,000 810,000 17(Charges for Services) Totals 655,436 646,937 650,000 810,000 24(Public Benefit Program) Totals 655,436 695,983 650,000 860,000 Continued Page 14 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 26(Supplemental Law Enf(COPS) 14(Money&Property Use) - 4435(Interest Income) 0 1,805 1,500 2,000 14(Money&Property Use) Totals 0 1,805 1,500 2,000 15(Intergovernmental Revenues) 4540(California State Grants) - 100,000 100,000 100,000 100,000 15(Intergovernmental Revenues)Totals 100,000 100,000 100,000 100,000 Total Revenues 100,000 101,805 101,500 102,000 40(Transfers from Other Funds) 3601 Transfer from Fund Balance 39,064 0 32,893 41,014 40(Transfers from Other Funds)Totals 39,064 0 32,893 41,014 26(Supplemental Law Enf(COPS))Totals 139,064 101,805 134,393 143,014 27(AQMD(AB2766)) 14(Money&Property Use) 4435(Interest Income) 4,000 2,395 2,000 5,000 14(Money&Property Use) Totals 4,000 2,395 2,000 5,000 15(Intergovernmental Revenues) 4595(AQMD Fees (2766)) 52,083 42,542 47,000 50,000 15 Qntergovemmental Revenues)Totals 52,083 42,542 47,000 50,000 17(Charges for Services) 4733(Bus Pass Sales) 65,000 37,B75 65,000 45,000 17(Charges for Services) Totals 65,000 37,875 65,000 45,000 27(AQMD(AB2766)) Totals - 121,083 82,812 114,000 100,000 28(Grants&Seizures) 14(Money 8 Property Use) 4435(Interest Income) (1,620) 6,600 4,748 6,110 14(Money&Property Use) Totals (1,620) 6,600 4,748 6,110 Continued Page 15 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2006 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 28(Grants&Seizures)-Continued 15(intergovernmental Revenues) 4450(Program Income) 210,980 216,624 219,000 215,000 4540(California State Grants) 170,807 (18,473) 203,804 96,902 4546(Calif Waste Mgt Grants) 13,069 13,576 14,000 13,200 4560(Federal Grants) 46,999 101,245 12,008 0 4599(GranWOther) 3,999 7,561 0 0 iS Qntergovernmental Revenues)Totals 445,854 320,533 448,812 325,102 16(Cost Reimbursements) 4699(ReimbursemenslOthers) 0 16,818 0 0 16(Cost Reimbursements) Totals 0 16,818 0 0 17(Charges for Services) 4705-(Fees/General Plan) 18,535 22,657 15,000 17(Charges for Services) Totals 18,535 22,657 15,000 0 _30(Miscellaneous Revenue) 4416(P. stricted CD.Phone Commissions) 0 2,994 3,250 2,500 4865(ReontriblLibrary) 1,910 1,025 5,000 1,500 _ 4875(Donations) , 3,500 2,850 0 0 4899(Miscellaneous Other) 0 356 0 0 30(Miscellaneous Revenue)Totals 5,410 7,225 8,250 4,000 Total Revenues 468,179 373,833 476,810 335,212 40(Transfers from Other Funds) 3601 (Transfer from Fund Balance) 0 0 154,595 376,185 5940(Transfer from Other Funds) 0 82,105 0 1 0 40(Transfers from Other Funds) Totals 0 82,105 154,595 376,185 28 fGrants&Seizures)Totals 468,179 455,938 631,405 711,397 29(Fire Safety) 17(Charges for Services) 4748 Fire Safety Fees 48,159 46,823 45,000 21,000 17(Charges for Services) Totals 48,159 46,823 45,000 21,000 Total Revenues 48,159 46,823 45,000 21,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 2,979,142 2,862,446 2,979,142 3,679,410 40(Transfers from Other Funds)Totals 2,979,142 2,862,446 2,979,142 3,679,410 29(Fire Safety) Total 3,027,301 21909,269 3,024,142 3,700,410 Continued Page 16 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 31 (Consumer Services) 14(Money 8 Property Use) 4412(Rent/Building) 23,733 103,223 116,800 83,658 4499(Rents/Others) 0 1,415 0 0 14(Money 8 Property Use) TOtals 23,733 104,638 116,600 83,638 16(Cost Reimbursements) 4fi75(Reimb/Colton MIS Services) 85,775 71,330 0 0 4696(Consumer Services Interfund) 4,144,693 3,710,395 4,722,866 5,229,281 4699(Reimbursements/Other) 39,615 9,517 0 16(Cost Reimbursements) Totals 4,270,083 3,791,242 4,722,866 5,229,281 17 (Charges for Services) 4798(Fees/Other) 483,240 66,603 0 0 17(Charges for Service s) Totals 483,240 86,603 0 0 30(Miscellaneous Revenue) 4870(Recovered AIR Write-Offs) 147 5,975 300 3,000 4891 (Gain/Loss/Retired Assets) D 1,400 450,000 0 4899(Miscellaneous Other) 15,972 3,173 D 0 30(Miscellaneous Revenue) Totals 16,119 10,548 450,300 3,000 Total Revenues 4,793,175 3,993,031 5,289,966 5,315,919 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 16,500 148,870 0 0 40(Transfers from Other Funds) Totals 16,500 148,870 0 0 31(Consumer Services) Totals 4,809,675 4,141,901 5,289,966 5,315,919 32(Water) 14(Money 8 Property Use) 4435(Interest Income) 0M21,066 577,901 702.0DD 4436(Gain/Loss/Investment Sales) 0 D 0 4499(Rents/Other) 9,610 25,340 22,000 14(Money 8 Property Use)Totals 9,610 603,241 724,000 16(Cost Reimbursements) 4610(Reimb/Jury Duty) 0 0 04699(Reimbursements/Other) 245,420 0 D 16(Cost Reimbursements)Totals 245,420 82,213 0 0 Continued Page 17 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 32{Water)-Continued 17(Charges for Services) 4798(Fees/Other) 920,514 341,137 77,570 400,000 5240(Water/Residential) 8,494,705 8,084,960 8,719,000 8,489,200 5242(Water/Commercial) 4,042,149 3,147,304 3,060,000 3,304,670 5243(Water/Industrial) 1,360,798 2,274,028 1,402,000 2,387,700 5244(Water/Fire Service) 230,142 223,375 237,000 234,550 5245(WatedOther Public Ent) 702,369 473,711 918,000 497,400 5247(Water Sys Development Fee) 46,920 66,614 0 0 5248(Water/Interdepartmental) 188,865 134,166 0 0 5251 (Water Services/Mist) 0 158,595 1,102,000 0 17(Charges for Services)Totals 15,986,462 14,903,891 15,515,570 15,313,520 30(Miscellaneous Revenue) 4841 (LeaseNvater Rights) 0 723,336 110,990 750,000 4891 (Ga in/Lass/Retired Assets) 0 178,869 0 300,000 _ 4899(Miscellaneous Other) 6,000 215,369 0 100,000 30(Miscellaneous Revenue)Totals 6,000 1,117,574 110,990 1,150,000 32(Water) Totals 16,247,492 16,775,848 16,229,801 17,187,520 33(Electric) 14(Money 8 Property Use) 4325(Interest Income) 0 423,157 0 0 14435(Interest Income) 0 667,422 311,177 1,060,000 14(Money 8 Property Use) Totals 0 1,090,579 311,177 1,060,000 16(Cost Reimbursements) 4650{ReimblO0ler Utilities) 142 76,162 0 0 4699(Reimbursements/Other) 52,908 145,126 0 0 16(Cost Reimbursements) Totals 53,050 221,288 0 0 17(Charges for Services) 4798(FeeslOther) 441,338 270,591 13,330 270,000 4611 (Sale/Electricity) 33,245,953 37,779,872 42,967,000 42,442,501 4812(Sale/Natural Gas) 0 0 0 0 17(Charges for Services) Totals 33,687,291 38,050,462 42,980,330 42,712,501 30(Miscellaneous Revenue) 4891 (GairdLoWRetired Assets) 0 (2,440) 0 0 4699(Miscellaneous Other) (10,383) 152,660 0 0 30(Miscellaneous Revenue) Tolals 1 (10,383) 150,220 0 0 Total Revenues 33,729,958 39,512,549 43,291,507 43,772,501 Continued Page 18 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 33(Electric)-Continued 33(Electric) Totals 33,729,958 39,512,549 43,291,507 43,772,501 34(Sewer) 14(Money&Property Use) 4435(Interest Income) 120,000 154,870 140,000 170,000 14(Money&Property Use) Totals 120,000 154,870 140,000 170,000 17(Charges for Services) 4716(FeeslSewer) 1,286,922 1,361,124 1,350,000 1,450,000 17(Charges for Services) Totals 1,286,922 1,361,124 1,350,000 1,450,000 30(Miscellaneous Revenue) 4891 (GainfLoss/Retired Assets) 0 6,000 0 0 4899(Miscellaneous Other) 0 1,767 0 0 30(Miscellaneous Revenue) Totals 0 7,767 D 0 34(Sewer) Totals 1,406,922 1,523,762 1,490,000 1,620,000 36(Refuse) 11 (Tazes/NonrProperty) 4158(Franchise/Trash) 472,873 638,821 555,000 635,000 11(Taxes/Nan-Property) Totals 472,873 638,821 565,000 - 635,000 17(Charges for Services) 4722(Charges/Refuse&Dump) :215200,ut)62,587,410 0 3,000,000 3,010,000 17(Charges for Services)Totals 0 3,000,000 3,010,000 40 5940 Transfers from Other tunas 99 25,000 25,000 40(Transfers from Other Funds) Totals 9 25,000 25,000 36(Refuse) Totals 2,90 3,590,000 3,670,000 Continued Page 19 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2006 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 42(Self Insurance) . 14(Money&Property Use) 4435(Interest Income) 42,000 159,550 30,000 80,000 14(Money&Property Use) Totals 42,000 159,550 30,000 80,000 16(Cost Reimbursements) 4604(Reimbllnsurance) 59,769 2,094 35,000 0 4605(ReimblWorkers Comp) (369) (182) 0 0 16(CostReimbursements)Totals 59,400 1,911 35,000 0 17(Charges for Services) 4774(Insurance/lnterfund) 1,246,481 322,235 950,229 1,258,258 4777(UnemplcymenVlnterfund) 36,519 19,357 22,961 24,832 14779(Worker's Compllnterfund) 744,521 524,704 841,157 867,323 17(Charges for Services) Totals 2,027,521 666,295 1,814,347 2,150,413 42(Self Insurance)Totals 2,128,921 1,027,757 1,879,347 2,230,413 43(Central Services) 17(Charges for Services) 4772(Garagellnterfund) 65,296 38,310 157,237 136,450 17(Charges for Services) Totals 65,296 38,310 167,237 136,450 Total Revenues 65,296 38,310 167,237 136,450 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 135,000 0 0 0 40(Transfers from Other Funds) Totals 135,000 0 0 0 43(Central Services)Totals 200,296 38,310 157,237 136,450 Continued Page 20 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 48(IT SERVICES) 17(Charges for Services) 4762(MIS/lniertund) 1,239,063 1,775,181 1,808,520 1,825,942 17(CAarges for Services) Totals 1,239,063 1,775,161 1,808,520 1,825,942 48(iTSERVICES) Totals 1,239,063 1,775,181 1,808,520 1,825,942 70(APFA Capital Projects Fund) 14(Money 8,Property Use) 4435(Interest Income) 0 0 D 2,000,000 14(Money&Property Use) Totals 0 0 0 2,000,000 70(APFA Capital Projectors)Totals 0 0 0 2,000,000 71 (APPA Debt Service Fund) 14(Money 8 Property Use) 4435(lnterest Income) 61,592 39,326 39,130 519,250 d14(Money 8 Property Use)Totals 61,592 39,326 39,130 519,260 15(Intergovernmental Revenues) 4450(Program Income) 120,177 115,569 111,030 105,990 15(intergovernmental Revenues)Totals 120,177 115,569 111,030 105,990 16(Cost Reimbursements) 4655(RelmblClty) - 2,000 4,400 4,250 12,500 16(Cost Reimbursements) Totals 2,000 4,400 4,250 12,500 Continued 71 (APFA Debt Service Fund)-Continued 30(Miscellaneous Revenue) 4820(Principal Repayments) 0 80,000 85,000 95,000 30(Miscellaneous Revenue)Totals 0 80,000 85,000 95,000 Total Revenues 183,769 239,295 239,410 732,750 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 644,108 341,731 364,110 2,345,000 40(Transfers from Other Funds)Totals 644,106 341,731 364,110 2,345,000 71(APFA Debt Service Fund)Totals 827,877 581,026 603,520 3,077,750 Continued Page 21 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 ' FY 2005 FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 80(RDA Capital Projects) 14(Money&Property Use) _ 4412(Rani/8uilding) 5,100 12,900 5,400 27,00D 4435(Interest Income) 150,130 436,583 280,990 297,730 4436(Gain/Loss on Investment) (184,915) (1,204,274) 0 (3,188.000; 14(Money&Property Use) Totals (29,685) (754,791) 286,390 (2,841,270) 16(Cost Reimbursements) 4799(Recovered Costlother) 5,000 0 0 0 16(Cost Reimbursements)Totals 5,000 0 0 0 17(Charges for Services) 4703(Fees/Oper Fees) 0 12,500 0 0 4735(Fees/Reprographics) 0 D 6o 60 4798(Fees/Other) 23,833 24,044 23,870 24,070 17(Charges for Services)Totals 23,833 36,544 23,930 .24,130 80(RDA Capital Projects).Continued 30(Miscellaneous Revenue) 4810(Sale/Real&Personal Property) 147,000 0 1,700,000 15,025,000 4820(Principal Repayments) 237,830 0 262,520 288,360 4842(Advance from the City) 190,000 187,500 0 0 4899(Miscellaneous Other) 0 545 s0 50 30(Miscellaneous Revenue)Totals 574,830 188,045 1,962,570 15,313,410 Total Revenues 573,978 (530,202) 2,272,890 12,496,270 40(Transfers from Other Funds) _ 5940(Transfers from Other Funds) 7,739,281 3,474,015 871,060 4,877,100 40(Transfers from Other Funds) Totals 7,739,281 3,474,015 871,060 4,677,100 80(RDA Capital Projects)Totals 8,313,259 2,943,613 3,143,950 17,373,370 81 (RDA Special Revenue Fund) 14(Money&Property Use) 4412(Rent/8uiiding) 3 1 - 0 0 4435(Interest Income) 10,870 75,765 65,000 70,000 4436(GaWLoss/investment Sales) (20,015) (10,065) 0 0 14(Money&Property Use)Torals (9,142) 65,701 65,000 70,000 Continued Page 22 of 28 STATEMENT OF REVENUES BY FUND FY 2007 FY 2008 FY 2005FY 2006 Adopted Proposed Actuals Actuals Revenues Revenues 81 (RDA Special Revenue Fund)-Continued 30(Miscellaneous Revenue) - 4820(Principal Repayments) 135,635 56,280 0 0 4899(Miscellaneous Other) 17,400 51646 20,000 25,000 30(Miscellaneous Revenue) Tofais 153,035 61,926 20,000 25,000 Total Revenues 143,893 127,627 85,000 95,000 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 0 6,479 0 0 5942(Tax Increment Transfers in) 567,080 1,379,024 1,256,680 1,452,950 40(Translers from Other Funds)Totals 567,080 1,385,502 1,256,680 1,452,950 H1 specfal Revenue Fund) Totals 710,973 1,513,129 1,341,680 1,547,950 82(RDA Debt Service) 10(Property Tax) 14025(Property Tax/Increment) 6,285,289 6,895,118 6,283,420 7,264,740 10(PropertyTax) Total s 6,285,289 6,895,118 6,283,420 7,264,740 I t (TaxesiNan Property) 4101 (TaxestGeneral Sales&Use) 1,180,000 1,038,340 1,197,700 1,299,720 11(faxes/Non Property) Totals 1,180,000 1,038,340 1,197,700 1,299,720 14(Money&Property Use) 4435(Interest Income) 54,610 170,335 136,270 131,700 14(Money&Property Use) Totals 54,610 170,335 136,270 131,700 30(Miscellaneous Revenue) 4640(Loan Proceeds) 0 68,D90 D 0 4842(Advance Proceeds from City) D 1,658,326 0 0 5936(Loan Proceeds) 506,450 232,038 267,850 246,170 5937(Advance Proceeds from City) 1,184,640 012,673,150 643,670 1,739,190 30(Miscellaneous Revenue) Totals 1,691,090 1,958,454911,520 1,985,360 Total Revenues 9,210,989 10,062,247528,910 10,681,52D 40(Transfers from Other Funds) 5940(Transfers from Other Funds) 2,736,520 3,376,828 2,450,020 40(Transfers from Other Funds) Totals 2,736,520 3,376,828673,150 2,450,020 82(RDA Debt Service)Totals 11,947,509 13,439,075 12,202,060 13,131,540 GRAND TOTALS 131,448,933 122,149,322 I 128,373,275 154,6o6,629 Page 23 of 28 CITY OF AZUSA - PERSONNEL SUMMARY FULL TIME PERSONNEL ALLOCATIONS FY 06-07 FY 07-08 Revised Proposed Department Allocation Allocation ADMINISTRATION Administration 2.30 2.30 Promotion/Membership 1.00 1.00 Administration Total 3.30 3.30 ADMINISTRATIVE SERVICES Business License 2,50 2.00 Finance 6.70 8.70 Human Resources 2.00 2.00 Information Technology 9.20 9.20 Purchasing 3.00 3.00 Risk Management 2.10 2.10 Rosedale 1.00 1.00 Administrative Services Total 28.50 28.00 CITY CLERK City Clerk 2.00 2.00 City Clerk Total 2.00 2.00 COMMUNITY DEVELOPMENT Building 4.00 4.00 Community Improvement 4.50 4.00 Comm Dev Block Grant (CDBG) 1.59 1.55 Planning 3.33 4.33 Community Development Total 13.42 13.88 LIBRARY General Services 9.00 9.00 Literacy Services 1.00 1.00 Library Total 10.00 10.00 PUBLIC SAFETY Emergency Services . 1.00 1.00 Police 86.00 90.00 Public Safety Total 87.00 91.00 Page 24 of 28 FY 06-07 FY 07-08 Revised Proposed Department Allocation Allocation PUBLIC WORKS AQMD Compliance 0.31 0.31 Central Garage 1.00 1.00 Engineering 0.00 2.00 Facilities Maintenance 2.25 2.25 Graffiti Removal 0.00 0.00 Proposition A 4.13 4.36 Proposition C 2.32 2.09 Roadway Maintenance 9.10 9.50 Sewer Maintenance 8.40 9.00 Public Works Total 27.50 30.50 RECREATION AND FAMILY SERVICES Parks Maintenance 6.00 7.00 Recreation 4.10 4.10 Senior Activities 1.83 1.83 Senior Nutrition 1.11 1.11 Woman's Club 0.16 0.16 Recreation and Family Services Total 13.20 14.20 LIGHT AND WATER Consumer Services 26.50 26.50 Electric 20.00 22.00 Public Benefit 1.00 1.00 Solid Waste 0.50 0.50 Water 25.00 27.00 Light and Water Total 73.00 77.00 REDEVELOPMENT AGENCY Administration 5.08 5..12 Redevelopment Agency Total 5.08 5.12 TOTAL FULL-TIME FTEsi 263.00 1 275.00 Page 25 of 28 CAPITAL EQUIPMENT PURCHASES FY 2007-2008 FUNDING Account No. Division Description Budget General Fund Other Funding COMMUNITY DEVELOPMENT 10356400007150 Comm Improvement 1 Microfiche Scanner/Reader Canon Model MS-300 5,500 5,500 - Microfilm Scanner or equivalent Community Development Total $5,500 $5,500 $0 INFORMATION TECHNOLOGY 48499300007142 Computer Services Re-cable PW Yard with CAT-5. Add ports.as needed for 32,475 16,238 16,238 peripheral devices-Replacement 48499300007142 Computer Services Acquire&Install Highline HR&Payroll system 250,000 136,065 113,935 48499300007142 Computer Services 1 HP-9000 Unix Server and Bi7ech consulting services- 43,300 32,475 10,825 Replacement 484994200007142(L&W) Computer Services Annual Equipment Replacement-25%of PCs and laptops. 120,374 86,167 34,207 48499300007142 GF Total of 345 PCs and laptops-Replacement 48499300007142(GF) Computer Services 1 HP DesignJet 40000 for GIS Program-Replacement 10,284 10,284 - Light and Water 48499420007142 L&W Info Systems Firewall for all L&W internet services-Replacement 8,660 - 6,660 484994200007142(L&W) Computer Services 4 CISCO Layer 3 switches 1000MB/1GB-Replacement 25,980 19,485 6,495 48499300007142(GF) 48499410007142(50%) Computer Services Laptops-2 for Police and 2 for Comm Dev-New 8,000 8,000 - 48499300007142(50%) 48499410007142 Computer Services 1 HP-High Speed DDS DAT tape compression back up 5,413 5,413 system-Replacement 48499400007142(GF) Computer Services Upgrade of Audix voice mail system,installation and 60,000 30,000 30,000 48499420007142(L&W) implementation services 48499300007142 Computer Services GroupWise Archive Solution-Expansion 9,743 9,743 - 48499300007142 Computer Services GroupWise Calendaring update/plug-in-Expansion 6,495 6,495 - 48499300007142 Computer Services HDL modifications for Permit System-Expansion 25,000 15,000 10,000 Info Tech Total $605,723 $375,365 $230,359 Page 26 d 28 CAPITAL EQUIPMENT PURCHASES FY 2007-2008 FUNDING Account No. Division Description Budget General Fund Other Funding POLICE 10203100007150 Police 2 Dispatch Workstations-Replacement 25,000 25,000 28203100417135 Asset Seizure Police 1 Used Vehicle for High Intensity Drug Task Agency 20,000 - 20,000 (HIDTA)Detective-Addition .14203100007125 Police Gale Cameras and Controls for Dispatch Access(South 5,000 5,000 - Entrance) 26203100007140 COPS/Brune Police 3 TicketPRO Elite Model Ticketwriting Systems-New 14,700 - 14,700 Police Total $64,700 $30,000 $34,700 PUBLIC WORKS Roadway Maint 1 2007 Single Axle Towable Air Compressor(49 HP John 14,181 - 14,181 12556610007135 1 Deere motor,diesel fuel)-Replacement Roadway Maint 1 Ford F650 Truck(white)with 5/6 Yard 10'Dump Body, 64,950 - 64,950 10 Gauge, Ditch Gate,Pull Tarp, 15 Ton Pintie Hitch with Trailer Connection Socket-Replacement 12556610007135 Public Works Total $79,131 $0 $79,131 RECREATION 10254200006569 Parks Maintenance 1 Concrete Saw(MK-CS314"6.6 HP Honda Engine) 4,330 4,330 Fundraising/Donations Senior Programs 1 Portable Television and Cart in Senior Center 1,083 - 1,083 1055666000 Senior Programs 215 Dining Room Chairs Replacements in Senior Center 17,877 5,900 11,978 Misc Org Donation 1055666000 Senior Programs Lobby Furniture in Senior Center:25 Chairs, 1 Loveseat,6 20,857 6,883 13,974 Misc Org Donation Club Chairs,2 Round Game Tables,3 Rectangular Tables, ._. 1 Bench,6 Tables to be relaminated Recreation Total $44,147 $17,112 $27,034 P.g.27 of 28 CAPITAL EQUIPMENT PURCHASES FY 2007-2008 FUNDING Account No. Division Description Budget General Fund Other Funding LIGHT AND WATER 31407119037150 Customer Servlce 1 Konica Minolta Copier-BizHub 600;includes license, 14,018 - 14,018 dealer prep,undercoating,etc-Replacement 31407119027140 Customer Service 1 Mobile Collector Lite-combination of mobile and 10,825 - 10,825 handheld AMR-New 31407119027140 Customer Service 2 Itron handhelds FC200R;includes standard keyboard 4,871 - 4,871 overlay,stylist,users guide,UPS,U.S.power cord,26-pin serial to USB,26-pin serial to 9-pin serial communication cables-Replacement 33407339207135 Electric 5 Diesel Particulate Filter (DPF)Systems-to comply with 81,188 - 81,188 new mandate/regulation Light and Water Total $110,902 $0 $110,902 EQUIPMENT REPLACEMENT 45203100007135 Electric 2 Vehicles for Electric Test Shop-Replacement 75,775 - 75,775 46203200007135 Emergency Services 12007 Chevrolet Trailblazer for Emergency Sry Use- 23,033 - 23,033 Replacement 46459600007135 Parks Maintenance 2 Ford F250 Full Service Maintenance Trucks-One new 75,775 (CFD)&One repl. - 75,775 46203100007135 Police 1 Ford Crown Victoria-Fully Equipped for CSO- 35,000 - 35,000 Replacement . 46203100007135 Police 6 Ford Crown Victoria-Fully Equipped-Replacement 169,082 - 169,082 46459600007135 Purchasing 1 2007 Ford E-250 Cargo Van-Replacement 16,999 - 16,999 Equipment Replacement Total $395,664_ $0 $395,664 Grand Total-Capital Equipment $1,305,766 $427,977 $877,790 Page 28 of 25 Attachment "A" - Budget Amendments Account Account Description Amount Explanation 10101300006601 Advertising Expense $ 5,000 Community Promotion Advertising Expense Addition 10556610006548 Plants and Trees $ 5,000 Citizens' Beautification Projects 10305110006006- Personnel Costs $ 20,996 Library Additional Hours/Part-Time Salary Adjustment 10305110006165 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008 THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the City of Azusa for the fiscal year commencing July 1, 2007 and ending June 30, 2008, presented and reviewed at a public workshop held May 29, 2007, as modified by the City Council pursuant to attachment "A" herewith„ is hereby approved and adopted as the budget of the City of Azusa for said fiscal year. SECTION 2. From the effective date of said budget, the several amounts stated herein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies of the City for the respective objects and purposes therein set forth, subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State. Further, it is established that said departments, offices, and agencies of the City shall not exceed their respective budgets. SECTION 3. All appropriations in the 2006-2007 budget of the City not expended or encumbered hereby expire and terminate, except for those appropriations expressly continued and carried forward into the budget for 2007-2008. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208, warrants drawn in payment of demands certified or approved by the City Clerk as conforming to a budget approved by ordinance or resolution of the City Council need not be audited by the City Council prior to payment. Budgeted demands paid by warrant prior to audit by the City Council shall be presented to the City Council for ratification and approval at the first meeting after delivery of the warrants. SECTION S. The City Clerk shall certify as to the adoption of this resolution. ADOPTED AND APPROVED this 18`" day of June, 2007. MAYOR I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a meeting thereof, held on the 18�of June, 2007, by the following vote of the Council: AYES : COUNCIL MEMBERS: NOES : COUNCIL MEMBERS: ABSTAIN : COUNCIL MEMBERS: ABSENT : COUNCIL MEMBERS: CITY CLERK CNC9ENi i33ID]MPEWOMBESKiOPLT'CWNCiLW]NYNE II.lW TfRUL CrtYBLiMiEt N60DJC.00L RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 AND ENDING JUNE 30, 2008 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The operating budget for the Redevelopment Agency of the City of Azusa for the fiscal year commencing July 1 , 2007 and ending June 30, 2008, as prepared and submitted by the Executive Director, is hereby approved and adopted as the budget of the Redevelopment Agency of the City of Azusa for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Agency subject to expenditure pursuant to the provisions of all applicable ordinances of the Agency and statutes of the State. Further, it is established that the Agency will not exceed its budget. SECTION 3. All appropriations in the 2006-2007 budget of the Agency not expended or encumbered hereby expire and terminate, except for those appropriations expressly continued and carried forward ("rebudgeted") into the budget for 2007-2008. Appropriations for Capital Projects and Capital Equipment are hereby carried forward until project completion or equipment acquisition. SECTION 4. Pursuant to Government Code 37208, warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Agency need not be audited by the Agency prior to payment. Budgeted demands paid by warrant prior to audit by the Agency shall be presented to the Agency for ratification and approval at the first meeting after delivery of the warrants. SECTION 5. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 18' day of June, 2007. CHAIRMAN HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa at a meeting thereof held on the 29" day of May, 2007, by the following vote of the Agency: AYES : DIRECTORS: NOES DIRECTORS: ABSTAIN : DIRECTORS ABSENT DIRECTORS: SECRETARY C WSW!Td6YdAGEPSCM"FSIfiCPnIY COUNLnVMnIME U..11.XM euW ET MESO WL.CW RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2007.AND ENDING JUNE 30, 2008 THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY DOES RESOLVE AS FOLLOWS: SECTION 1. The Preliminary budget for the Azusa Public Financing Authority for the fiscal year commencing July 1, 2007 and ending June 30, 2008, presented and reviewed at a at a public workshop held May 29, 2007, is hereby approved and adopted as the budget of the Azusa Public Financing Authority for said fiscal year. A copy of said budget is hereby ordered filed in the office of the Secretary and shall be certified by the Secretary as having been adopted by this resolution. SECTION 2. From the effective date of said budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the respective objects and purposes therein set forth for the Authority subject to expenditure pursuant to the provisions of all applicable ordinances of the Authority and statutes of the State. Further, it is established that the Authority will not exceed its,budget. SECTION 3. Pursuant to Government Code 37208, warrants drawn in payment certified or approved by the Secretary as conforming to a budget approved by ordinance or resolution of the Authority need not be audited by the Authority prior to payment. Budgeted demands paid by warrant prior to audit by the Authority shall be presented to the Authority for ratification and approval at the first meeting after delivery of the warrants. SECTION 4. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 18"' day of June, 2007. CHAIRMAN 1 HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the Board of Directors of the Azusa Public Financing Authority at a regular meeting thereof held on the 18`"day of June, 2007, by the following vote of the Authority: AYES DIRECTORS: NOES DIRECTORS: ABSTAIN DIRECTORS: ABSENT DIRECTORS: SECRETARY CWIaIkrt>lSAMAVEgSpMpESIRp "CWNC4V1IIIIVUM IC.A(IFN ARA 6W3 FIE90 WC NC Attachment "A" - Budget Amendments Account Account Description Amount Explanation 10101300006601 Advertising Expense $ 5,000 Community Promotion Advertising Expense Addition 10556610006548 Plants and Trees $ 5,000 Citizens' Beautification Projects 10305110006006- Personnel Costs $ 20,996 Library Additional Hours/Part-Time Salary Adjustment 10305110006165 31000000006630 Community Program Support $ 15,000 Chamber of Commerce Addition 80101100006630 Community Program Support $ 15,000 Chamber of Commerce Addition U of�N s R AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGERjJJ/s4/J DATE: JUNE 18, 2007 ////// SUBJECT: IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR CODE COMPLIANCE REGARDING THE DEFINITION AND PERMITTED USES, PARKING AND STORAGE OF RECREATIONAL VEHICLES RECOMMENDATION It is recommended that City Council direct the City Attorney to incorporate the recommended changes to the City of Azusa Development Code regarding the definition and permitted uses, parking and storage of recreational vehicles, at its next scheduled revision, as recommended by the Azusa Citizens' Committee for Code Compliance and staff. BACKGROUND On July 17, 2006, the City Manager appointed a committee to review five issues related to the new development code that had caused some community concerns. This five issues included temporary signs in connection with commercial, business, service, and retail related entities; recreational vehicle parking and storage in private residential properties and on public streets; vehicle parking and storage on private residential properties and residential zoning streets and alleys; commercial vehicle parking and storage on private residential properties and residential zoned streets and alleys; and, temporary accessory structures visible in front yards, side yards and all private areas other than behind a minimum 50" high solid fenced side and rear yard. The committee was composed of nine Azusa residents, Chairman Jorge Rosales, Vice- Chairperson Peggy Martinez, Secretary Frances Melanson and members Don Boline, Bart Luce, Art Morales, Jimmy Sanford, Roman Seano and Mike Trelles. The committee was staffed by Assistant City Manager Robert Person with assistance from Bruce Coleman, Martin Quiroz and Tina Cravens. In addition, various staff members attended meeting in order to provide "operational" input. Those staff members included James Makshanoff, Larry Onaga, Fabiola Wong, Tom Montague, Mike Scott and Rick McMinn. The committee worked every Thursday from August 10 through November 27 (with the exception of Thanksgiving) and met its delivery date to the City Manager. On December 18, 2006, staff transmitted the Committee's recommendation to City Council for review. Concurrently, staff began a detailed analysis of the recommendations to determine any possible amendments to the recommendations for successful implementation. On February 19, 2007 staff presented a series of recommendations relative to the Committee's recommendations. At that meeting, City Council requested staff to prepare a "matrix" format so that a comparison could be more easily made between what is contained in the current Development Code and what is being recommended by the Committee. In order to more easily digest the voluminous amount of information contained in the current Development Code, the Committee's recommendations, staff's recommendations and any prior Council comments, staff is presenting the information in sections. On March 19, 2007 City Council reviewed and approved the recommendations regarding the definition and uses of accessory structures. On April 16, 2007 City Council reviewed and approved (with the exception of one pending item in which the Committee and staff differed in opinions: doubling the allowed times for the display of temporary signs (30 vs. 60 days) and the distribution of those time periods throughout a year)) the remaining issues related to temporary signs. The next section, being presented at this City Council meeting, deals with the definition and uses, parking and storage of recreational vehicles — the crux of the Committee's recommendations. Staff is very supportive of most of the Committee's recommendations, particularly the expanded definition of terms (including the term "recreational vehicle") in the Development Code. Staff is also in general agreement with the recommendations regarding the parking and storage of recreational vehicles on private property. Where staff and the Committee differ in recommendations are the areas associated with the city administering a temporary street-parking permit program for visitors with recreational vehicles. All of these issues are dealt with in detail in the attached matrix per City Council direction. FISCAL IMPACT There is no fiscal impact as a result of this recommended action. Staff will accumulate the approved changes to the Development Code as the City Council reviews all of the issues through the month of June]. At the conclusion of that process, staff will request that the City Attorney codify the changes, at one time, in order to avoid repetitive and costly revisions to the Development Code I 1 Vehicle Parking and Storage Recommendations (including Recreational and Commercial Vehicles Current Code Committee Recommendation Staff Recommendation Council Comment Other 2 Recreational Vehicle (RV). A motor home, Applicability In Connection With Vehicle Parking and Staff concurs with the most specific definition of what travel trailer, truck camper, or camping trailer, Storage: constitutes a recreation vehicle. with or without motive power,originally designed A. The type of vehicles that these recommendations for human habitation for recreational, apply to is: emergency,or other occupancy,which: a. All terrain vehicles 1. Contains less than 320 square feet of internal b. Commercial vehicles living room area, excluding built-in c. Motorcycles equipment, including wardrobe, closets, d. Motor(passenger)vehicles cabinets, kitchen units or fixtures, and bath (automobiles,pickup trucks,SUVs, or toilet rooms;and vans,etc.) 2.Contains 400 square feet or less of gross area e. Recreational vehicles measured at maximum horizontal f. Semi-trailers projections;and g. Snowmobiles 3. Is built on a single chassis;and h. Trailers 4. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit. N/A B. State law requirements. Where these Concur. recommendations references applicable provisions of State Law(for example,the California Vehicle Code),the reference shall be construed to be to the applicable State Law provisions as they may be amended from time to time. N/A E. The definitions of the following specialized Concur terms and phrases used in these recommendations are found in Article 7 of the New Development Code: a. Building frontage b. Carport c. Duplex d. Garage e. Motor(passenger)vehicle f. Tri lex 12 ii g. Recreational vehicle(REPLACE DEFINITION WITH DEFINITION BELOW) In. Setback i. Single family dwelling j. Storage-outdoor j' k. Street I. Structure F. Definitions for the following terms and phrases Staff concurs with including the definitions in the Hanks Ff: Is this appropriate for definitions should be added to the Development Code: Development Code. section? a. Curb: means an edging(as of concrete)built along a street to form part of a gutter. b. Commercial vehicle: (a)A "commercial vehicle"is a motor vehicle 88.36.130 Commercial Vehicles on Private of a type required to be registered Property ' under this code used or maintained for The following standards apply to commercial vehicles the transportation of persons for hire, which, for the purposes of this Section, are: single compensation,or profit or designed, vehicles or a combination of vehicles with more thah used,or maintained primarily for the two axles,single vehicles or a combination of vehicle transportation of property;(b) 20 feet or more in length; or single vehicles or a passenger vehicles and house cars combination of vehicles with a manufacturer's gross that are not used for the transportation I of persons for hire,compensation,or vehicle weight rating of 6,000 pounds (three tons) or profit are not commercial vehicles. more. This subdivision shall not apply to A. Parking limit in residential zoning districts. No Chapter 4(commencing with Section commercial vehicle shall be parked for more 6700)of Division 3;(c)any vanpool than three hours on private property in any part vehicle is not a commercial vehicle;(d) of a neighborhood other than a neighborhood the definition of a commercial vehicle center,except: in this section does not apply to 1.While loading or unloading goods or materialI Chapter 7(commencing with Section and the time required to complete the wori 15200)of Division 6. exceeds the three-hour period;or I c. Parkway:means that portion of a 2.When the vehicle is parked in connection with street other than a roadway. It and in aid of providing a service to or on a typically consists of the area between property in the block in which the vehicle is the edge of the curb and a property parked and time in addition to the three line and may be landscaped or a hour period is necessary to complete the' combination of sidewalk and service. landscaped area. I. 13 B. Parking limits in neighborhood centers, d. Recreational vehicles:A vehicular corridors and districts. A commercial vehicle, portable structure without permanent and/or contractor's equipment (for example, foundation which can be towed, chippers, concrete pumpers, etc.) and other hauled,or driven;which is primarily similar mobile equipment, may be parked on designed as a temporary living private property only when the vehicle is in accommodation for recreational, connection with and is owned or leased by an camping,and travel use;and which approved business in a neighborhood center, a may include,but it is not limited to, corridor,or district,or when the vehicle is loading travel trailers,truck campers,camping , or unloading goods in connection with a trailers,boats,and self-propelled business and is parked for 48 hours or less. motor homes,and horse trailers. It also includes'off-highway motor vehicle subject to identification"means r a motor vehicle subject to the provisions of subdivision(a)of Section 38010 of the California Vehicle Code. (b) As used in this division,'off- highway motor vehicle'includes,but is Recreational Vehicle (RV). A motor home, not limited to the following: (1)Any travel trailer, truck camper, or camping trailer, motorcycle or motor-driven cycle, except for any motorcycle which is with or without motive power,originally designed eligible for a special transportation for human habitation for recreational, identification device issued pursuant to emergency,or other occupancy,which: Section 38088. (2) Any snowmobile 1. Contains less than 320 square feet of internal or other vehicle designed to travel over living room area, excluding built-in snow or ice,as defined in Section 557. equipment, including wardrobe, closets, (3) Any motor vehicle commonly cabinets, kitchen units or fixtures, and bath referred to as a sand buggy,dune or toilet rooms;and buggy,or all terrain vehicle. j 2. Contains 400 square feet or less of gross area e. Right-of-way: A corridor or strip of e measured at maximum horizontal land,either public or private,on which projections;and a right of passage has been recorded 3. Is built on a single chassis;and and over which are built roadways, 4. Is either self-propelled, truck-mounted, or curbs and parkways. permanently towable on the highways f. These vehicle parking and storage without a towing permit. recommendations apply to all Neighborhoods(NG1,NG2 and NG3) and its subzones(NC,Low,Med and Mod)as defined in the Development Code. Y `I 14 i ( 'I 3 NIA Permits and Monitoring Requirements for Recreational Staff does not feel that a parking permit program is Vehicles: realistic or administratively tenable given the recommendation below. A. Out of town visitors which are planning to park their recreational vehicles on public streets beyond the State Law allowed maximum of 72 hours shall be required to pay for and obtain a temporary street parking permit at: City of Azusa Police Department,725 N.Alameda Avenue,Azusa,CA 91702 NIA ` B. Temporary recreational vehicle parking permits shall Staff does not believe this is an enforceable program. Hanks B: Continuous days? Conflicts with 4b be issued only to Azusa residents for out of town There is simply not enough staff to be able to below and in 1st paragraph on next page. Yes. VV visitors for a period of up to 14 calendar days and administer a program where potentially every home See 4_. not more than 4 times per year. A non-refundable and business owner in Azusa could potentially have fee and an Azusa permanent address are required an RV guest registered to their property for a different for each permit issued. 14 days of the year. Staff recommends that the City simply not enforce the 3 day parking limit during specific times of the year,i.e.,Thanksgiving through New Years,4t+of Jul through??? 4 NIA )' Recreational Vehicle Parking and Storage Requirements Hanks B: The intent of this document is to provide (( guidance to the City Council regarding how and A. Recreational vehicles are defined in item 2.d A. Concur, where parking is permitted. above. Hanks D: Dave wants 8'from curb to sidewalk or 1 B. All vehicles may be parked on public streets, B. Concur 8'from sidewalk. { where allowed and as restricted by the City. Hanks J: Is the intention to prevent people from Where allowed,recreational vehicles may be living in them? ( parked(leave the RV in the same location)on public streets for a period not to exceed seventy- two(72)continuous hours. Parking of an RV for over seventy-two(72)continuous hours(3 days) in a public street is prohibited and subject to citation as allowed by State Law. C. Parking of RVs beyond 72 consecutive hours on C. Do not concur. See recommendation public streets shall be permitted only in above. accordance with item 3 above. D. A maximum of one RV may be parked and/or D. Concur stored in a front yard setback or a residential driveway,provided that all of the following I, conditions are met: (1) The entire RV fits over an 1 appropriately paved surface, 2 The RV is parked �( 15 ( If r and/or stored behind a public sidewalk,where 88.36.030-General Parking Regulations applicable,(3) The RV is parked and/or stored A. Parking and loading spaces to be permanent. behind the property line and does not encroach Each parking and loading space shall be into a parkway,where applicable,(4)The RV is permanently and continuously available,marked, parked at least 8'0"from the face of the curb,or f and maintained for parking or loading purposes 8'0"from the beginning of the paved street in the for the use it is intended to serve. The approval event that there is no curb;and(5)Paved of a Temporary Use Permit(Section 88.51.030) surfaces in front yard setbacks shall not exceed may allow the temporary use of a parking or 35%coverage of the total front yard setback. loading space for other purposes. E. RVs may be parked or stored on side yards,as E. Concur B. Location of parking on a site. Parking and long as the entire RV fits over an appropriately loading spaces shall be located on a site as paved surface and there is a clearance of not less than 3'0"from the residential structure the entire required by Article 2 (Urban Standards) for the length of the RV and solid fence(screening)at the applicable neighborhood,district,or corridor. side property line of not less than 6'0"in height. C. Parking and loading to be unrestricted. An F. RVs may be parked or stored on rear yards,as F. Concur owner, lessee, tenant, or other person having long as the entire RV fits over an appropriately control of the operation of a premises for which paved surface and there is a clearance of not less parking or loading spaces are required by this than 3'0"from the residential structure for the r. Chapter shall not prevent, prohibit, or restrict entire length,front,or back of the RV and solid t authorized persons from using the spaces fence screening is provided through the entire without the prior approval of the Director. property line of not less than 6'0"in height G. Concur D. Vehicles for sale. No motor vehicle or other G. RVs parked or stored in front yard driveways must personal property shall be parked on private be parked perpendicular to the front yard property Property for the purpose of displaying the vehicle line and where possible facing forward for safer or other personal property for sale, hire, or egress into the public right-of-way. rental, unless the property is appropriately H. RVs parked or storedin a front yard driveway must H. Concur zoned,approved by the City for that use,and the be registered and operational. RVs shall be person or business at that location is licensed to maintained clean and in repair and shall not leak sell vehicles or other personal property, any fluids(oil,coolant,etc.). No person shall However, one automobile or truck, not dump or dispose of any RV waste except in exceeding one-ton capacity, owned by the certified waste disposals. owner, renter, or lessee of the property may be I. RVs may be protected with an appropriate cover. I. Concur displayed for the purpose of sale for a maximum An appropriate RV cover is considered a snap-up of one month, cover or snug zip-up cover made of canvas, E. Recreational vehicle and travel trailer storage. polyester,vinyl or other weather resistant material, I{ customized to-fit over the RV. No RV shall be No recreational vehicle, as the term is defined in parked or stored anywhere on the property under Article 6 (Glossary), or travel trailer shall be a temporary accessory structure(i.e.,canopy,. stored (parked for 24 hours or more) within a tent,tarp,or similar structure). 16 l 'F front setback area in any neighborhood zone J. RVs may be temporarily connected to an electrical J. Concur established by Article 2. No recreational vehicle outlet only while parked within the private property or travel trailer shall be stored within any Distrkt for a period not to exceed 72 hours and for the or Corridor, except where authorized Qy sole purpose of loading and unloading the RV and Temporary Use Permit approval, or in an getting it ready for an excursion of storage. approved vehicle storage facility. i K. RV owners who are able to demonstrate and K. Concur although proof by the City should be better I prove to the City that they have in the past defined. D.Limitations on the use of setbacks.The use or received direction and approval from the City to occupancy of a required setback shall comply b perform capital improvements to their property for the purpose of parking and storing RVs may apply with we following standards. 1.Structures.A required setback area shall not for an exemption to these rules from the City. be occupied by structures other than: h a.The fences and walls permitted by �. Section 88.30.030(Fences,Walls,and Screening); b.A garage in a rear setback in compliance with Section 88.42.020(Accessory Structures);and c.The encroachments into setbacks allowed by the applicable zone. } 2.Storage of materials or equipment.No front or side street setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid Building Permit. �! 3. Vehicle parking and storage. No required parking space shall be located within a required setback, except as provided by Section 88.36.090.A (Location of Parking)! No front or side street setback shall be used for parking a motor vehicle, recreational, vehicle(RV),boat, or other vehicles,except that an operable automobile or truck of one y ton capacity or less, in regular use, may be parked within a paved driveway. 17 i bi �i SOW 1(71 1 U�oF:a�N u _ *, 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 ,DATE: JUNE 18, 2007 SUBJECT: AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING A PROHIBITION CONCERNING RESIDENTIAL FRONT YARD PARKING RECOMMENDATION It is recommended that City Council waive further reading, read by.title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD PARKING EXECUTIVE SUMMARY The proposed Ordinance adds Section 74-468 to the Azusa Municipal Code ("A.M.0") regarding the prohibition of residential front yard parking. Formerly A.M.C. Section 88-1525 prohibited residential front yard parking; however, this prohibition was not included in the recent amendments to the Azusa Development Code. Therefore, currently there is no prohibition against residential front yard parking in the City of Azusa ("City"). BACKGROUND The parking of vehicles in residential front yards negatively impacts the community by creating unsightly property conditions and reducing home values. Historically, the City has prohibited persons from parking their vehicles in residential front yards. However, this parking prohibition, contained in the former A.M.C. Section 88-1525, was inadvertently left out of the recent amendments to the Azusa Development Code. As a result, City Code Enforcement Staff has been unable to prevent persons from parking vehicles on their front yards. The proposed Ordinance would prohibit persons from parking vehicles in their front yard areas. Instead, the proposed Ordinance would require parking on paved surfaces (e.g., driveways) such surfaces would be restricted to 35% of the front yard area. This prohibition is based on similar prohibitions found in neighboring cities and would reinstitute the parking prohibition that formerly exist within the City. This parking prohibition will contribute positively to neighborhood aesthetics, by removing unsightly yard parking, and should increase home values. Honorable Mayor and Members of the City Council r Subject: Residential Front Yard Parking Ordinance June 18. 2007 .: Page 2of 2 FISCAL IMPACT Adoption of the proposed Ordinance will not create a fiscal impact because it merely reintroduces a parking prohibition that formerly existed under the A.M.C. Additionally, any potential •fiscal impact associated with the enforcement of the parking prohibition should be offset by the revenue derived from citations issued for residential front yard parking violations. ENVIRONMENTAL IMPACT The proposed Ordinance will not create an impact on the environment. Therefore, the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on the environment). City staff will prepare and file a Notice of Exemption as soon as possible following adoption of the proposed Ordinance. i ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD PARKING THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 74-468 of Article VIII of Chapter 74 of the Azusa Municipal Code is hereby added to read as follows: Sec. 74-468. Parking in Residential Front Yard Areas. (a) Prohibition. It shall be unlawful for any person to park a vehicle in the front yard area of any residentially used lot or parcel of land, except in a paved driveway. (b) Vehicle. As used in this Section, vehicle shall mean a vehicle as defined in California Vehicle Code Section 670. (c) Front Yard Area. As used in this Section, front yard area shall mean any area that is not a paved driveway, that is between the front elevation of the residential building and the front property line of the lot or parcel, and that extends the entire width of the lot or parcel. (d) Paved Driveway. As used in this Section, paved driveway shall mean a paved strip of land which meets all applicable zoning and building regulations of the City, which provides access from the street to a garage, carport or parking space, and which has a single access point. The paved driveway may have two access points only if the driveway is semi-circular in nature. This Section shall not be construed to permit the paving of all or any portion of front yard areas without first complying with all applicable zoning and building codes and regulations of the City. In no event shall the paved driveway exceed thirty-five percent (35%) of the front yard area. (e) Parking Space. As used in this Section, parking space shall mean a paved area within the front yard area which meets all applicable zoning and building regulations of the City, and which is of sufficient size to be used for the express purpose of parking a vehicle. (f) All wheels of vehicles shall be parked on the paved surface. 1 Section 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 3. This Ordinance shall become effective thirty (30) days after its adoption. Section 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 2007. Joseph R. Rocha Mayor ATTEST: Vera Mendoza. City Clerk 2 �'r4raar�`T CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,DUNE 4,2007-6:30 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 Sess The City Council recessed to Closed Session at 6:34 p.m.to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR(Gov.Code Sec. 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiator Organizations/Employee: APOA HPOA REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 1 120 West Foothill Boulevard,Azusa, CA 91702 1 120 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: 5&S Foods Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec.54956.8) Real Prop Neg Address: 1 140 West Foothill Boulevard,Azusa, CA 91702 1 140 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Address: 1030 West Foothill Boulevard,Azusa, CA 91702 1030 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1020 West Foothill Boulevard,Azusa, CA 91702 1020 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Address: 1100 West Foothill Boulevard,Azusa,CA 91702 1 100 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Melco Steel Inc. Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Neg Address: 1050 West Foothill Boulevard,Azusa, CA 91702 1050 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec 54956.9 Conf w/Legal tail Cnsl Case Name: Scott Witter v.City of Azusa Witter Worker's Compensation Appeals Board Case N. N00530133 The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was no No Rpts reportable action taken in Closed Session. 7:35 P.M.- REGULAR MEETING OF THE CITY COUNCIL. Rglr Mtg Mayor Rocha called the meeting to order. Call to Order INVOCATION was given by Fran Delach, City Manager Invocation Ms. Elaine Dominguez led in the salute to the Flag. Flag Salute ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Utilities Hsu, Police Captain Gonzalez, Director of Public Works/Assistant City-Manager, City Treasurer Hamilton, Economic Development Director Coleman, Tierra West Consultant Jose Ometeotl, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Ms. Barbara Dickerson,Azusa School Board Member, addressed Council to thank the Azusa B. Dickerson Police Department for the professional handling of the Powell school toy guns incident; she Comments thanked the City for the proper training the officers receive which caused their reaction to the incident. She urged the parents in the public to talk to their children about the dangers of toy guns. Field Representative Bill Baca, of Senator Gloria Romero's office, invited all to attend the B. Baca Neighborhood Office Hours on Saturday, June 9, 2007, from 10-11:30 a.m. at Food 4 Less, Comments 3800 Baldwin Park Boulevard, Baldwin Park. There will be free child safety fingerprinting as well as other discussions regarding the legislative process. He advised that Senator Romero will be at Sierra Vista High school following the event. Mayor Rocha invited her to join the Council at Zacatecas Park in Azusa that same day for City Hall on the Move. Mr. Mike Lee thanked Chief Garcia and the Police Department for their work at Foothill M. Lee Gardens condominiums, and thanked Mayor Rocha for his support Comments y pport of Assemblyman Hernandez with regard to the toy guns issue. He shared his views on the Transit Summit, the possibility of the City obtaining another Police dog, the problems viewing cable - television, his attendance at the Veterans' Ceremony, the Tow Contract, free swim, a shooting at 7-11 on Friday and the Saint Frances of Rome carnival. Mr. John Lewis of the Vocational Schools of Performing Arts, addressed Council expressing J. Lewis his concern that there aren't locations in the city where artists can perform; he detailed Comments problems he has been having trying to rent the Senior Center for a performance fundraiser for the disabled, noting that he will now have to go outside the City to hold the performance. He responded to questions posed by the Mayor regarding cost accounting, set up fees, etc. City Manager Delach responded to the issue detailing why rate was changed, noting that City Mgr rehearsals required additional staff after hours, etc. He further noted that during Golden Comments Days there may be no fee at all, and that he hasn't had a chance to speak with Mr. Lewis regarding the issue. Mr. Gary Reyes addressed Council detailing an issue he had with the property located at G. Reyes 1020 W. Foothill Boulevard. He read a letter Into the record from David Toyama on behalf of Comments Ramirez Masonry and its relocation to that address. 06/04/07 PAGE TWO Mr.Jorge Rosales addressed Council stating that he too attended the Transportation Summit J. Rosales noting that Mayor Pro-Tem Hanks and Assemblyman Hernandez attended, and the Summit Comments was to encourage funding for the Gold Line and to re-open hwy 39. He submitted for record hard copies of his comments regarding the Public Hearings. He addressed item regarding the proposed RFP for exclusive tow contract instead of rotating services, stating the he doesn't see an advantage of a single source. The following persons expressed their opinion against an exclusive tow contract and in favor Comments of the rotation system: Jorge Rosales, John Lopez, Wayne Blake, Eladio Millan, Marcos Against Excl Lozano, Christian Maldonado, Francisco Prado, Margie Blake, Nicolas Handley, Maid Tow Agmt Vafamanesh, Richard Lugo, Michael Pena, Johnny Cortez, Michael Angulo, Rona Lunde, and Art Morales. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates City Manager Delach announced City Hall on the Move to be held at Zacatecas Park on City Mgr Saturday, June 9, 2007, from 9 a.m. - I I a.m. He responded to a comment made earlier Comments stating that the former Mayor and Councilman do not have city Issued cell phones., Public Information Officer Martin Quiroz presented an update on the 4`h of July new PIO Quiroz ordinance as follows: Safe and Sane Fireworks are permitted - only on the 4' of July 4`h of JUly beginning at noon and ending at midnight, not be discharged at any other time or place, not Update be discharged north of the centerline of Sierra Madre Avenue. Penalties: Administrative citations may be Issued by the police for illegal discharge of safe and sane and illegal fireworks. Violators will be fined $250 for the 0 violation and $500 for the 2n° violation. Permitted Fireworks: Safe and Sane fireworks have the State Fire Marshal (SFM) seal. Illegal Fireworks: Violation of any provisions of the State Fireworks Law or Regulations Is a misdemeanor punishable by a Fine from $500 to$1,000 or up to I year county jail. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Cert of Rec carried to approve the request for certificates of recognition for Group from Christbridge Christbridge Academy and Brownie Troop 902, for their services to the City of Azusa. Brownie Troop Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Citizens carried to approve the request for Allocation of $5,000 in Fiscal Year 07/08 Operating Beautification Budget for Citizens Beautification Projects. Funding Mayor Pro-Tem Hanks announced that the trip to the ICSC Conference was a success and Hanks also the success of the Transportation Summit sponsored by Assemblyman Ed Hernandez, Comments and urged the public to let local legislatures know of the support. He invited all to join the Amateur Radio Field Day to be held across the country on Saturday, June 23, 2007; locally it is being held at Horse Thief Canyon Sam Dimas from dawn to dusk, sponsored by the Glendora Emergency Response Team and the call in frequency Is 144.33 simplex Councilmember Macias stated that the Downtown North Advisory Committee had a field trip Macias to various developments in the west end of the county, Le, Pasadena, Valencia, and Studio Comments City, looking at options to bring to the Azusa Downtown. He noted that the next meeting will be held on Tuesday, June 5, 2007 at the Light and Water Conference Room. He noted that the expanded Library hours Is bringing it to full capacity, and asked the City Attorney what the rule is for reportable action after Closed Session; she responded. Councilmember Gonzales publicly apologized to Chief Garcia for calling him by his first name Gonzales at a prior meeting. He then announced Casino Night on June 22, 2007, from 7 p.m. to Comments Ip.m, at the Azusa Woman's Club; all proceeds will benefit the Azusa Youth Sports Programs; for further Information call him at 945-9280 or call Memorial Park 812-5280. He congratulated all Azusa Graduates, and wished fathers a Happy Father's Day. Councilmember Carrillo expressed thanks to Mayor Pro-Tem Hanks for his attendance at the Carrillo Transportation Summit; talked about the field trip with the Downtown North Advisory Comments Committee and stated they will get a great project. - 06/04/07 PAGE THREE Mayor Rocha congratulated all the Azusa graduates, wished fathers a Happy Father's Day, Rocha asked to keep American Soldiers in prayer, stated the ICSC Conference with great and very Comments productive. He invited all to City Hall on the Move on Saturday,June 9'^at Zacatecas Park, announced Summer Splash on June 16"' at Slauson Park, talked about the introduction of new legislation regarding toy guns, in January 2008; he stated that he, AUSD and the Azusa Police Department will be in Sacramento lobbying for legislation for the ban and sale of the toy guns that look real. He asked that the meeting 1 in memory be adjourned e ory of Raymond Corcoran,Mary Amer,Joanne Zarate Soldano, Earl Salzman and Frank"Flip" Fliedner. SCHEDULED ITEMS Sched Items PUBLIC HEARING — ISSUANCE OF TAX-EXEMPT BONDS FOR THE BENEFIT OF AZUSA Pub Hrg PACIFIC UNIVERSITY AND APPROVAL OF A TAX EQUITY AND FINANCIAL RESPONSIBILITY APU Bonds ACT (TEFRA) AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU) AND THE CITY OF TEFRA Agmt AZUSA. Assistant City Manager Person addressed the Hearing stating that this is a request of Azusa Ass't City Mgr Pacific University to conduct a public hearing in connection with the Issuance of tax exempt Comments bonds in the amount of $145,000,000 and the consideration of a TEFRA agreement. He stated that the bonds will be for the financing of a Science Center ($55 million), the acquisition of the Crestview Apartments ($70 million); the refunding of the University's Taxable Variable Rate Demand Revenue Bonds ($15,500,000) and the balance of funds are attributable to the costs associated with the issuance of the bonds. The City expressed concern regarding the purchase of the Crestview Apartments as they are currently on property tax rolls from which the City derives various forms of revenue, i.e., property tax, utility users tax, maintenance district tax, business license tax, etc. Property acquisition by APU for use as part of its non-profit status operations removes properties from the Los Angeles County property tax rolls thereby affecting Azusa revenues in the process. In the Settlement Agreement,APU agrees to hold the City harmless and made whole and agrees to pay an impact fee equal to any potential lost revenue to the City as a result of the transaction including escalator fees for future increases. The second concern Is the potential loss of 64 low/moderate Income housing units currently contained in the Crestview Apartments (as a result of a 1994 bond issuance by the City of Azusa to provide the number of affordable housing units) through the year 2015. APU agrees to continue to provide the 64 units to low/moderate income individuals/families through 2015. All units would be of similar size and quality and located in the City of Azusa. Any affected tenants would receive relocation assistance from APU if they are displaced from their units at the Crestview Apartments. The City will require a Specific Plan Amendment to the APU Specific Plan to incorporate the inclusion of the Crestview Apartments as student housing. They have agreed to amend the APU Development Agreement with the City, which will require APU to seek approval by the City through an amendment to APU's Specific Plan prior to any conversion of property by the University to an institutional, non-profit and tax exempt use. Staff responded to questions posed by Councilmembers regarding the impact on the 20% Response to set aside for low and mod housing, noting there was no negative Impact; the City will Council continue to receive the credit until 2015. The 64 low income units will be relocated through Questions 2015 and after that time there is no obligation. There is no fiscal impact and no underlying liability. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the San Gabriel Valley Tribune on May 21, 2007. Mr. Mark Dickerson, representing Azusa Pacific University, addressed the Issue reiterating M. Dickerson that there is no liability on the part of the City with APU issuing tax exempt bonds. The Azusa Pacific California Statewide Community Development Authority requires the City Council's approval. University He stated that Crestview was owned by a National Real Estate Investment Fund who are selling Crestview as well as other properties and contacted APU to see if they were interested in purchasing the apartments since most tenants were APU students, etc. He stated the property taxes and other fees add up to approximately $125,000 payment to the City per year which would escalate as property taxes and other fees escalate. He stated that continuing with the 64 low Income housing units at Crestview will cost APU more than $200,000 per year in subsidies, and they would not be breaking even for several years to come, but stressed the importance of creating student housing; there will be less traffic and a benefit to the City and APU; further if another purchaser makes the acquisition; the low income would no longer be available. 06/04/07 PAGE FOUR Mr. Scott Kenis of Azusa Pacific University addressed the Hearing noting that they have S. Kenis established a numbers of community outreach programs, i.e. the Gate Program where APU APU teachers teach students of Azusa, Gate high school where students are taken to APU campus taking college courses, get them ready for college and show them how to prepare and apply for college; there is service credit for this also; he detailed the science program and how it reaches the local schools. Mr. Dickerson responded to questions posed by Councilmembers stating that they will M. Dickerson maintain the Crestview property in its current form, make improvements as needed, APU sometime In the future fully renovate, but at this time there will be no changes. With regard Response to to existing residents, Federal Tax law requires that they use the facility for tax exempt Questions purchase; there will be a one year transition period to transition out any members of the public who are leasing at that time. Upon completion of the transaction APU will meet with existing residents to work with them on the best way for them find another location; they would pay special attention to the low/moderate income housing residents and provide for the relocation as well. With regard to the West Campus housing they will come back and ' modify the Specific Plan for any changes that they agree on with the City; and there will still be a need for student housing in that area. The Krems site and retail on the site, Mr. Dickerson responded stating that the City will provide them with a concept and needs for that area subject to the Specific Plan. He clarified that with regard to other property owned by APU In the City, endowments, investments,or property donated to the University,will not be able to be converted to a tax exempt use, taking it off the tax rolls for the City, without submitting an amendment of the APU Specific Plan and getting City Council approval. Mr. Mike Lee expressed concern that APU Is buying up property and will displace people. M. Lee He is concern about Villa Azusa apartments. Comments Art Morales noted that the City of Azusa is not liable for anything and asked that the agenda A. Morales contain more clarification or detail regarding these items to deter misunderstandings. Comments Ms. Sharon Layman addressed the Hearing in favor the approval of the Issuance of tax S. Layman exempt bonds and the TEFRA agreement for APU providing a brief history of Azusa Pacific Comments University, her experience as a homeowner in Azusa, as an employee of APU, the Importance of improving the education of the children and the continued partnerships with the Azusa Unified School District. Ms. Donna Rutherford, employee of APU and resident of the City, addressed the Hearing in D. Rutherford favor of the issuance of tax exempt bonds and the TEFRA agreement to provide student Comments housing. She stated that as residents and voters of Azusa it is exciting to see the growth in the City, and noted the obligation to the City and residents and noted benefits APU has brought to the community. Mr. Burke Hamilton addressed the Public Hearing expressing his concern regarding the issue B. Hamilton of parking at the Crestview apartment. Comments Mr. Phil Ford, employee of APU and resident of Azusa, addressed the Hearing in favor of the P. Ford issuance of tax exempt bonds and the TEFRA agreement. He talked about the programs. Comments benefits and reputation APU brings and will continued to have a positive impact on Azusa. Ms. Anna Aguilar, employee of APU addressed the Hearing In favor of the issuance of tax A.Aguilar exempt bonds and the TEFRA agreement. Comments Mr. Jorge Rosales addressed the Hearing and requested response to questions he had J. Rosales submitted in writing; City Attorney Carvalho responded to all his questions In full and his Comments written questions are on file in the Public Hearing folder. Ms. Peggy Sharol addressed the Hearing in favor of the issuance of tax exempt bonds and P.Sharol the TEFRA agreement. Comments Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Hrg Closed carried to close the Public Hearing. Councilmember Macias noted that the Council has reviewed all aspects of the issue and one Macias of the main concerns was that it decreases supply and increases demand, but they have comment reviewed all options and this is the best possible solution for the City of Azusa. 06/04/07 PAGE FIVE Mayor Pro-Tem Hanks advised that he is very excited about having a Science Center coming Hanks to the City which extends far beyond the University; the Crestview was available to anyone Comments and if it was purchased by anyone else there would be no obligation to keep the 64 units low and mod. The City negotiated very hard with APU regarding this issue; also they will not convert to a tax exempt purpose without the approval from the City and will partner with the City to develop retail space at Stein and Foothill. - Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously TEFRAAgmt carried to approve a TEFRA Agreement between Azusa Pacific University (APU) and the City Approved of Azusa. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res.07-C41 THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT Approving AUTHORITY OF ITS VARIABLE RATE DEMAND AND REVENUE BONDS (AZUSA PACIFIC Issuance of UNIVERSITY PROJECT), SERIES 2007, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO California EXCEED $150,000,000, FOR THE PURPOSE OF FINANCING AND REFINANCING CERTAIN Statewide FACILITIES AND IMPROVEMENTS FOR AZUSA PACIFIC UNIVERSITY, AND CERTAIN OTHER Bonds APU MATTERS RELATING THERETO. Moved by Councilmember Carrillo, seconded by Councilmember Maclas to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING — CODE AMENDMENT ZCA — 225. A CITY INITIATED REQUEST TO Pub Hrg AMEND THE DEVELOPMENT CODE TO ALLOW RETAIL STORES GREATER THAN 50,000 Code Amend SQUARE FEET TO LOCATE IN THE DOWNTOWN TRAN5IT VILLAGE (DTV), SOUTH AZUSA ZCA 225. AVENUE CORRIDOR (CSA), - FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAL/SCHOOLS (INS)ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED THROUGH A PUBLIC HEARING. Director of Economic and Community Development Coleman addressed the Hearing stating B. Coleman that the City has been working proactively to encourage retailers to locate at various sites Comments and many of them require retail formats larger than 50,000 square feet. The City's Development Code prohibits such larger format stores within many of the City's zoning designations. The proposed Code amendment would allow these stores to locate in several currently prohibited areas if a Use Permit is first approved following a public hearing. The staff proposal is to provide an amendment to the Development Code to in service specific zoning districts which would allow stores larger than 50,000 square feet which are the Downtown Transit Village (DTV), South Azusa Avenue Corridor (CSA), Foothill Center Overlay (ECO) and Institutional/schools zone within the University District (INS) if use permit is first approved; the use permit will assure that the project meets General Plan goals and policies. He stated that the Code amendment will not affect the intensity of development because currently under the Development code it is allowed to build a 100,000 or 200,000 square foot retail building, but the building area would have to be subdivided Into commercial units of 50,000 square feet or less. If approved, that same 100,000 square foot building could be built without the Interior lease area subdivision; the building could house a sir,4e store. The Planning Commission held a public hearing and voted 2-1 that the Code amendment only apply to the DTV and CSA zones. The Commission agreed that a Negative Declaration is appropriated for the Code amendment and there is no specific development in connection with the amendment. He added the following language to Section 2 of the ordinance proposed by the City: "However, it is likely that In the future, as landowners implement the new standards, the owners may seek future amendments to development standards such as setbacks, heights, etc." He responded to questions posed by Councilmembers regarding the basis and the need for the FCO and INS zones to be included, the need to create possibilities to attract retailers, proposed projects that may have to exceed the 100,000 and - the option to have an Environmental Impact Report performed. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on May 24, 2007. 06/04/07 PAGE SIX Ms. Donna Manson addressed the Hearing stating that this process began a year ago; she D.Manson has had attorney's fees and appraisals on her property and would like to receive a time line Comments of when she would receive a check or a firm offer from the City or Watt Genton to complete the process. She was advised by the City Attorney that that was a Planning issue and not related to this Public Hearing. She was referred to the City Attorney. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Hrg closed carried to close the Public Hearing. Mayor Pro-Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING 1"Rdg Ord AMENDMENTS TO CHAPTERS 88.24.005, DISTRICTS; 88.26.005, CORRIDORS; 88.27, Code Amend OVERLAY ZONES, AND 88.28, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA ZCA 225 MUNICIPAL CODE IN ORDER TO ALLOW RETAIL STORES GREATER THAN 50,000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAL/SCHOOLS (INS)ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT 15 FIRST APPROVED (CASE NUMBER ZCA 225) Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously Ordinance carried to introduce an ordinance amending the Development code to allow retail stores Introduced having floor areas greater than 50,000 square feet in the DTV, CSA, FC(0), and University District INS zones with a Use Permit and the modifications Included the Director of Economic Development Coleman. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Carrillo and unanimously ACCFCC carried to continue item regarding the Implementation of Recommendations by the Azusa RV's continued Citizens' Committee for Code Compliance regarding the Definition and Permitted Uses, Parking and Storage Of Recreational Vehicles, to a future date In order for staff to provide outreach to the public. CONSIDERATION OF ORDINANCES TO AMEND THE MERGED CENTRAL BUSINESS Ordinances DISTRICT AND WEST END REDEVELOPMENT PROTECT AREA ("MERGED PROIECT AREA") Amend CBD AND RANCH CENTER REDEVELOPMENT PROJECT AREA("RANCH CENTER PROIECT"l. West End and Director of Economic Development Coleman addressed the Issue stating that SB 53 went Ranch Center into effect January 1, 2007, and added a new section to California Redevelopment taw, SB 53 which require the legislative body of each redevelopment agency to adopt a program by B. Coleman ordinance on or before July 1, 2007, which specifies the use and limits on its existing Comments eminent domain authority. Once the Eminent Domain Program is adopted it can only be changed through an amendment process. They do not add eminent domain over any additional territory nor do they begin any condemnation proceedings upon any property. The ordinances will amend the Redevelopment Plans for the Merged Project Area and the Ranch Center Project and will also direct Agency staff to record a Statement of Proceedings with the County of Los Angeles. The ordinances do not authorize the Agency to use eminent domain proceedings for the acquisition of properties upon which persons reside, unless - requested In writing by the property owner nor does it have condemnation authority over any residential properties within the Merged Project Area. The ordinances will restate the Agency's eminent domain policy and record a Statement of Proceedings with the County of Los Angeles to this effect. The Agency's timeframe for initiating eminent domain authority in - the Ranch Center Project expired on July 17, 2001 and even though the Agency's authority to use eminent domain has expired, the requirements of SB 53 do not exempt redevelopment agencies that do not have the authority of eminent domain or redevelopment agencies whose time frame to commence eminent domain proceedings has expired, from adopting the ordinance. The approval of this ordinance will not affect the proposed Redevelopment Plan Amendment the Agency is currently pursuing for the Merged Project Area. Mayor Pro-Tem Hanks offered the following two Ordinances entitled: AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE lu Rdg Ord REDEVELOPMENT PIAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Amend CBD, REDEVELOPMENT PROJECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE West End MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF SB 53 TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809. 06/04/07 PAGE SEVEN AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE 1"Rdg Ord REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT, ADOPTING Amend Ranch AN EMINENT DOMAIN PROGRAM FOR THE RANCH CENTER REDEVELOPMENT PROJECT Center AREA AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF SB 53 PROCEEDINGS Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales and unanimously Introduced carried to waive further reading and introduce the proposed ordinances. City Manager Delach requested that item regarding the Refuse Rate Adjustment be removed Refuse Rate from the agenda and It will be brought back at a later date. Adjust rmvd The CONSENT CALENDAR consisting of Items D-I through D-8 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously carried with Items D-4&6 the exception of items D-4 and D-6, which were handled under the Special Call portion of Special Call the Agenda. Mayor Rocha abstained from the minutes as he was absent from that meeting. 1. The minutes of the regular meeting of May 17, 2007, were approved as written. Min appvd (Mayor Rocha abstained) 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular Appointments: R. Arevalo B. Saenz, H. Hamilton, C. Items Cusick, and M. Gomez-Villegas. 3. The City Treasurer's Report as of April 30, 2007,was received and filed. Treas Rpt 4. SPECIAL CALL ITEM. Spec Call 5. Authorization was given for the Mayor to sign letters of support o behalf of Assembly Ltrs of support Bills 1010 and 1 1 14 which promote the Issues of cleanup and Improved utilization of AB 1010& the San Gabriel Valley's groundwater resources. - 1 1 14 6. SPECIAL CALL ITEM. Spec Call 7. Authorization to solicit request for proposals for professional civil engineering RFP Civil services was approved. Engr sys 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.07-C40 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Discussion was held between Councilmembers and staff regarding the RFP for Exclusive RFP for Franchise Tow Agreement; the consensus was that the City should maintain a rotating Tow Franchise Tow Agreement. Captain Gonzales and Mr. Jim Touchstone of BBK responded to questions fit• regarding past performance, what is required of the tow operators, Le. equipment, duty Staff directed operators, required spaces, response time, and specifications. Captain Gonzalez explained Extend existing the rationalization for an exclusive tow agreement and after further questions and discussion Agrnts✓i it was moved by Mayor Pro-Tem Hanks, seconded by Councilmember Macias and Negotiate unanimously carried to direct staff to negotiate with existing tow truck operators for improved terms to the agreement with longer terms Le. four years with three one year extensions and direct staff to extend existing contracts fora period of about six months to the end of the year. Director of Public Works/Assistant City Manager Makshanoff addressed questions posted J.Makshanoff regarding the L.E.D. Marquee stating that staff met with IT and City Clerk staff and found Comments that there was a need for a software system which would be Microsoft Vista compliant in L.E.D.Marquee order for the clerks' office to have access to the marquee remotely from the office. RFP specifications were sent to three companies, two responded, one was late. Custom Signs responded with a bid of$46,993,Vista compliant and Ad Art Sign Company responded with a bid of $33,995, not Vista compliant; the last company's bid was a little over $49,000. Custom Signs did the L.E.D. for Azusa Light and Water as well as Glendora City Hall. Staff was unable to verify references provided by Ad Art. Mr.Makshanoff stated that there will be assistance from Light and Water in the amount of up to $10,000 for the new marquee from its energy efficiency account. 06/04/07 PAGE EIGHT Moved by Councilmember Macias, seconded by Councilmember Carrillo and unanimously L.E.D Marquee carried that authorization be given to award contract to provide fabrication&installation of a To Custom , L.E.D. marquee for City Hall to Custom Signs Inc, of Azusa in an amount not to exceed Signs Inc. $46,993. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 11:15 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 11:30 P.M. Cncl reconvene UPCOMING MEETINGS: June 11, 2007, Board and Commission Interviews-6:30 p.m. (LBV,/) Upcoming June 18, 2007, City Council Meeting-6:30 p.m. (Auditorium) Meetings June 25, 2007, Utility Board Meeting-6:30 p.m. (Murray School) July 2, 2007, City Council Meeting-6:30 p.m. (Auditorium) Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Adjourn carried to adjourn in memory of Raymond Corcoran, Mary Almer, Joanne Z.arate Soldano, in memory of Earl Salzman and Frank"Flip" Fliedner. TIME OF ADJOURNMENT: 11:30 P.M. CITY CLERK NEXT RESOLUTION NO.2007-C42 NEXT ORDINANCE NO.2007-06. 06/04/007 PAGE NINE U _• �H[i�OR�P. CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING THURSDAY,MAY 10,2007-5:06 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Azusa Light and Water Conference Room, located at 729 N.Azusa 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 Attorney Carvalho,City Manager Delach,Assistant City Manager Director Person,Economic Development Director Coleman, Director of Human Resources Hanson, Director of Public • Works/Assistant City Manager Makshanoff, Director of Utilities Hsu, Director of Recreation and Family Services Jacobs,Public Information Officer Quiroz,Director of Information Technology Graf, City Treasurer Hamilton,Library Director Tovar,Chief of Police Garcia,Executive Assistant Cravens, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part President of Azusa Pacific University Jon Wallace addressed Council to clarify any inaccuracies J.Wallace regarding bond issue under consideration. He stated that the Bond Financing does not impose Azusa Pacific any additional obligations,financial or otherwise to the City of Azusa and the financing is to build a University science center by the marquee. He stated that the sellers of the Crestview apartments initiated the Issue approaching APU in September and other entities and offered them to bid on the property. He complimented City Staff for their diligence in helping them address every Issue that has been raised. He stated that if they are able to complete the bond financing and acquire Crestview,they will make the City whole with respect to any taxes or fees estimated at$125,000 per year with annual increments built In. APU has agreed to provide the low income housing,less than 64 units,up to the year 2015,which is an added cost of$220,000 per year for APU. If they acquire Crestview,they will be able to maintain and renovate the apartments as they are in poor repair. He stated that they are not acquiring the apartments to make money;there will be a deficit of a million dollars per year. He cited their three guiding principals. - CITY COUNCIL AGENDA ITEM-COUNCIL ORIENTATION WORKSHOP Orientation Workshop City Manager Delach addressed Council presenting an overview of the Workshop and Department City Mgr Heads provided information regarding their respective departments as follows: City Attorney,City 8_Depart Hds Clerk, City Treasurer, Human Resources, Information Technology, Community/Redevelopment, and City Library. The City Council recessed for a break at 6:23 p.m. and reconvened at 6:34 p.m. Recess The following city departments continued providing information: Public Safety,Public Works and Depart Hds Transportation, Recreation and Family Services, and Utilities. The City Council took a virtual tour of the City facilities. Virtual Tour It was consensus of Councilmember to recess to Closed Session at 8:27 p.m. to discuss the Closed Sess following: e REAL PROPERTY NEGOTIATIONS (GOV.CODE SEC. 54956.81 Real Prop Address: 801 East Alosta,Azusa, Ca. 91702 (Crestview Apartments) Negotiations Negotiating Parties: Mark Dickerson,Azusa Pacific University 801 E.Alosta Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Purchase-Housing Covenant The City Council reconvened at 9:11 p.m. There was no reportable action taken in Closed No Rpts Session. Moved by Councllmember Carrillo,seconded by Councilmember Hanks and unanimously carried Adjourn . to adjourn. TIME ADJOURNMENT: 9:12 P.M. CITY CLERK NEXT RESOLUTION NO.2007-C35. NEXT ORDINANCE NO. 2007-06. 05/10/07 PAGE TWO 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/#03 DATE: June 18, 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 June 12, 2007, the Personnel Board confirmed the following Department Head recommendation regarding the following Personnel Action requests. A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: i`DEPARTMENi !NAME GiASSIFICATION FACTION/EFF RANGE/STEP o - IDATE BASE.MO.SALARY . Police Nicasio Covarrubias Police Officer Merit Inc 6101/2 5-23-07 $5,156.07 Police Christopher Grant Police Officer Merit Inc 6101/2 8-23-07 $5,156.07 Police Jesus Landa Police Officer Merit Inc 6101/2 5-27-07 $5,156.07 Recreation & Jennifer Retana Office Specialist I Merit Inc 4133/5 Family Services 5-22-07 $2,967.73 Utilities Derek Baird Water Distribution Worker I Reg Appt/Merit Inc 5167/2 5-28-07 $3,490.88 Utilities Robert Ryan Water Distribution Worker II Reg Appt/Merit Inc 5178/3 4-11-07 $4,068.96 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT "NAMES "" IGLASSIFIGAiION t EFFECTIVE^DATE FRANGE/STEP ry i BASE 0.. 5AIARY Utilities Martin Czarnota Meter Reader 6-19-07 5179/1 $3,737.62 Utilities Pete Adame Meter Reader Pending phy & 5179/1 fingerprints $3,737.62 Econ./Com Phillip Smith Associate Planner Pending phy & 4190/1 Dev. flnizerrxints $4,220.29 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. tiJ�F�G u 00 CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: June 18, 2007 SUBJECT: INVESTMENT POLICY FOR THE CITY OF AZUSA RECOMMENDATION The City Treasurer recommends that the City Council approve the attached resolution re-adopting the Investment Policy for the City of Azusa. FISCAL IMPACT None BACKGROUND California Government Code Section 53646(a)(2)requires the City to adopt an Investment Policy every year. The City is also charged with changing the policy as necessary. The policy must be adopted or changed at a public meeting of the Council. The Council Members last adopted the Investment Policy on June 5, 2007. DISCUSSION In addition to the annual review of the City's Investment Policy, Government Code Section 53607 requires the City to reconfirm annually the delegation of investment authority to the City Treasurer. . The Treasurer and the City Council are "fiduciaries" subject to the prudent investor standard. The Investment Policy is the outline from which the Treasurer operates to ensure that investments are safe, liquid and achieving returns. RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE INVESTMENT POLICY WHEREAS, the City of Azusa receives taxes and other revenues from a variety of sources and uses the funds to pay its bills on a regular basis; and WHEREAS, the City Treasurer is charged with the duties of handling and maintaining the cash that is taken in or otherwise received by the City; and WHEREAS, the balance of these funds fluctuates between $3,000,000 and $20,000,000 or more; and WHEREAS, per Government Code Sections 53607 and 53600.5 the City Treasurer is charged with investing idle public funds on the basis of protecting the safety of the funds, ensuring the liquidity of the investments, and maximizing earnings in that order of importance and based on the "Prudent Investor Standards"; and WHEREAS, the State of California requires each City annually to adopt an investment policy per Government Code Section 53646; and WHEREAS, the City Council, with the aid of its staff has reviewed the Statement of Investment Policy and wishes to approve the same; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Azusa does hereby adopt its Investment Policy attached hereto marked Exhibit A and instructs the City Treasurer to be guided by it in carrying out the duties of his office for the benefit of the City of Azusa. ADOPTED AND APPROVED this day of June 2007. MAYOR a I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the day of June 2007 by the following vote of Council: AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS ABSTAIN: CITY COUNCIL MEMBERS ABSENT: CITY COUNCIL MEMBERS CITY CLERK City of Azusa, California INVESTMENT POLICY 1. POLICY STATEMENT All funds of the City of Azusa shall be invested in accordance with principles of sound treasury management and in accordance with the provisions of the California Government Code Sections 53600, et seq., (the Municipal Code), and guidelines established by the California Municipal Treasurer's Association, the California Society of Municipal Finance Officers, and this Investment Policy("Policy"). These funds are defined and detailed in the . City's Comprehensive Annual Financial Report(CAFR)and includes anynew funds created unless specifically excluded by the City Council. Specifically excluded funds are: Funds deposited with the State Public Employees' Retirement System; and Bond proceeds that are subj ect to covenants and restrictions as defined in the Bond's indenture or are administered under the direct control of the Bond Trustee. 2. INVESTMENT POLICY OBJECTIVES A. Overall Risk Profile The objectives of the City of Azusa's Investment Program are, in order of priority: 1. Safeguard the principal of the funds; 2. Meet the liquidity needs of the City; and 3. Achieve a return on the funds. To achieve these objectives, The City shall consider the following when making an investment: 1. Safeguard the Principal of the Funds The City shall mitigate the risk to the principal of invested funds by limiting credit and interest rate risks. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Interest Rate Risk is the risk that the market value of the City's portfolio will fall due to an increase in general interest rates. - CLL l$M'O6tTIN0.NMwgLMNWVWNM�"CMVFnMFNl pLXYYMtSIMFNTOYL LIiYOfI216I.i10].f�XLLU% r s a) Credit risk will be mitigated by: (i) Limiting investments to the safest types of securities; (ii) By pre-qualifying the financial institutions with which it will do business; and (iii) By diversifying the investment portfolio so that the potential failure of any one issue or backer will not place an undue financial burden on the City. b) Interest rate risk will be mitigated by: (i) Structuring the City's portfolio so that securities mature to meet the City's cash requirements for ongoing obligations, thereby avoiding the possible need to sell securities on the open market at a loss prior to their maturity to meet those requirements; and (ii) Investing primarily in shorter-term securities. 2. Meet the Liquidity Needs of the City The City's investment portfolio shall be structured in a manner that emphasizes that securities mature at the same time as cash is needed to meet anticipated demands(Static Liquidity). Additionally, since all possible cash demands cannot be anticipated,the portfolio should consist of securities with active secondary markets(Dynamic Liquidity). The maximum percentage of different investment instruments and maturities is described in Section II of this Policy. 3. Achieve a Return on the Funds Yield on the City s investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent for the City to sell a.security prior to maturity to either meet unanticipated cash needs or to restructure the portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates. CIDRMpT�.WOSRTMGIW1YM410M.MY WCIIMFMNXV6fMFM NY[YVNV6THdlWYC OttOfI.➢ILfoT1fIN.LLLOC B. Basic Investment Strateey The Citys investment portfolio shall be structured to provide that sufficient funds from investments are available each month to meet the City's anticipated cash needs. Subject to the objectives stated above, the choice in investment instruments and maturities shall be based upon an analysis of future anticipated cash needs, existing and anticipated revenues, interest rate trends and specific market opportunities. No investment may have a maturity of more than five(5)years from its date of purchase without receiving prior City Council approval. After approval by City Council, reserve funds associated with bond issues may have a maturity of more than five(5) years, up to the earliest date the bonds may be redeemed or mature. 3. INVESTMENTS This section of the Investment Policy identifies the types of investments in which the City will invest its idle or surplus funds. A. Standard of Prudence The City operates its investment portfolio under the Prudent Investor Standard (California Government Code Section 53600.3)which states,in essence,that`when investing,reinvesting,purchasing,acquiring,exchanging,selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims,to safeguard the principal and maintain the liquidity needs of the City." This standard shall be applied in the context of managing the overall portfolio. Investment officers,acting in accordance with written procedures and this investment policy and exercising the above standard of diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. B. Eligible Securities The City is provided a broad spectrum of eligible investments under California Government Code Section 53600, et seq. The City may choose to restrict its permitted investments to a smaller list of securities that more closely fits the City's cash flow needs and requirements for liquidity. If a type of investment is added to California State Code 53600,it will not be added to the City's Authorized Investment List until this policy is amended and approved by the City Council. If a type of investment permitted by the City should be removed from California State Code 53600, it will be deemed concurrently removed from the City's Authorized Investment List. The City's Authorized Investment List • Insured Certificates of Deposit (CD's) of California banks and/or savings and loan associations,and/or savings banks that mature in five years or less,provided that the City's investments shall not exceed One Hundred Thousand Dollars ($1.00,000) per institution. If the investment exceeds the insured $100,000, the funds are to be collateralized at 110%of the deposit in government securities or 150% in mortgages. • Local Agency Investment Fund (LAIF) Demand Deposits. • Securities of the U.S. Government, and securities of which the principal and interest is guaranteed by the full faith and credit of the U. S. Government. • Securities issued by agencies and instrumentalities of the U. S. Government or issued by a government-sponsored enterprise. • Commercial Paper(limited to 30%of the portfolio)rated AI/P1 or the equivalent by two nationally recognized rating agencies with maturities not to exceed 181 days. • Medium-Term Corporate Notes (Limited to 20% of the portfolio) that are rated "AA" or better by two nationally recognized rating agencies. • Passbook Savings or Money Market Demand Deposits, subject to the restrictions and limitations set forth in Government Code Section 53638. • Repurchase Agreements (limited to 30% of the portfolio) with approved banks and broker-dealers who have completed and signed a Master Repurchase Agreement with the City. • Money Market Mutual Funds (with a stated objective of maintaining a $1 net asset value) that has been rated AAAm by Moody's or any two nationally recognized rating agencies. Please see Exhibit A for a more detailed description of the authorized investments listed above. A thorough investigation of any pool or fund is required prior to investing and on a continual basis. The investigation will, at a minimum, obtain the following information: • A description of eligible investment securities, and a written statement of investment policies and objectives. • A description of interest calculations and how it is distributed,and how gains and losses are distributed. • A description of how securities are safeguarded (including the settlement process) and how often the securities are marked to market and how often an audit is conducted. • A description of who may invest in the program, how often, what size deposits and withdrawals are permitted. • A schedule for receiving statements and portfolio listings. • Does the pool/fund maintain a reserve or retain earnings or is all income after expenses distributed to participants? • A fee schedule that also discloses when and how fees are assessed. • Is the pool or fund eligible for bond proceeds and/or will it accept such proceeds? The purpose of this investigation is to determine the suitability of a pool or fund and evaluate the risk of placing funds with that pool or fund. One of the purposes of this Investment Policy is to define what investments are permitted. If a type of security is not specifically authorized by this policy,it is not a permitted investment. C. Qualification of Brokers, Dealers and Financial Institutions The City Treasurer or designees will establish and maintain a list of the financial institutions andbroker/dealers authorized to provide investment and depository services to the City, will perform an annual review of the financial condition and registrations of the qualified bidders, and require annual audited financial statements to be on file for each approved company. The City shall annually send a copy of their current Investment Policy to all financial institutions and broker/dealers approved to do business with the City. Receipt of the Policy and Enabling Resolution,including confirmation that it has been received and reviewed by the person(s) handling the City's account, shall be acknowledged in writing within thirty(30) days. All broker-dealers and financial institutions that desire to become qualified bidders for investment transactions must submit a"Broker-Dealer Application"and related documents relative to eligibility. This includes a current audited financial statement, proof of state registration,proof of NASD registration and a certification they have received and reviewed the City's Investment Policy and agree to comply with the C^Ll WIXI�SERIMfbWIMOLTOMM'[ORMENl4Av6fMFNl KKAYYMtRA2vlW41[YdiVOfK1G-]m].iM.LLV% provisions outlined in the Investment Policy. The City Treasurer or designees may establish any additional criteria they deem appropriate to evaluate and approve any financial services provider. The selection process for broker-dealers shall be open to both"primary dealers"and"secondary/regional dealers"that qualify under Securities and Exchange Commission Rule 15c3-1 (Uniform Net Capital Rule). The provider must have an office in California and the provider's representative must be experienced in institutional trading practices and familiar with the California Government Code as it relates to investments by a City. D. Collateralization Requirements Uninsured Time Deposits with banks and savings and loans shall be collateralized in the manner prescribed by state law for depositories accepting municipal investment funds. Repurchase Agreements shall be collateralized in accordance with terms specified in the Master Repurchase Agreement. The valuation of collateral securing a Repurchase Agreement will be verified weekly to ensure a minimum of 102%of the value of the transaction is held by the City's depository agent. E. Diversification The City will diversify its investments by security type and investment. With the exception of bond reserve funds, bond escrow funds, and any other specific funds approved by the Treasury Committee or the City Council, the City Treasurer or designee, and the City's Investment Committee will adopt a strategy that combines current market conditions with the City's cash needs to maintain the maximum degree of safety of principal and liquidity throughout market and budgetary cycles. This strategy will include diversification by investment type and maturity allocations and will be included in the regular quarterly reports to the City Council. This strategy will be reviewed quarterly and can be changed accordingly. F. Confirmations Receipts for confirmation of purchase of authorized securities should include at a minimum the following information: trade date, settlement date, description of the . security,par value,interest rate,price,yield to maturity, agency's name,net amount due, and third party custodial information. G. GASB 3 The Governmental Accounting Standards Board (GASB)issued GASB #3 in April 1986,and the local entity's investments must be categorized into three levels of credit risk as follows: c moawm;.rm acmxcnvnumrowwr oocvnamsmv*w.0*roucvuxvFsrw„*wucv onovnnrsx+eoi nxu.00c a) Securities that are insured or registered, or for which the securities are held by public units or its agent in the units; b) Securities that are uninsured and unregistered and are held by the broker's or dealer's trust department or agent in the unit's name; C) Securities that are uninsured and unregistered and are held by the broker or dealer, or by its trust department or agent,but not in the unit's name. The carrying amount and market value of all types of investments must be disclosed in total and for each type of investment. Governmental Accounting Standards Board #3 exempts mutual funds and LAIF investments from the mandatory risk categorization. 4. SAFEKEEPING OF SECURITIES A. Safekeeping Agreement The City shall contract with a bank or banks for the safekeeping of securities that are owned by the City as a part of its investment portfolio or transferred to the City under the terms of a Repurchase Agreement. All securities owned by the City shall be held in safekeeping by a third parry bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment(DVP)procedures. The third party bank trustee agreement must comply with Section 53608 of the California Government Code. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and any transfer of funds must be approved by the City Treasurer. B. Security Transfers The authorization to release City's securities or funds will be telephoned to the appropriate bank representative by a finance department member other than the . person who initiated the transaction. A written confirmation outlining details for the transaction and confirming the telephoned instructions will be sent to the bank within five(5) working days. C. Verification of Security Securities transferred to the City as collateral securing time deposits or repurchase agreements that are being held in safekeeping for the City will be verified in writing and examined on a surprise basis during the year by the City's independent auditors as part of the City's annual independent audit. [+M%'IU¢II)$µ0f£flINL6lMM.WL)ONWY p}.VMptNNMbI'MP'I PoIJCYVMPSINRIIW)F.Y yIiYOfK1fM-)W) f)M.V.pJC 5. STRUCTURE AND RESPONSIBILITY This section of the Policy defines the overall structure and areas of responsibility within the investment management program. A. Responsibilities of the City Treasurer The City Treasurer is charged with responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City, and for the deposit and investment of those funds in accordance with principles of sound treasury management applicable laws,ordinances,and this Investment Policy. This includes establishing written procedures for the operation of the investment program consistent with this policy. The procedures should include reference to safekeeping, master repurchase agreements,wire transfer agreements,banking services contracts and depository agreements. Such procedures shall also include explicit delegation of authority to persons responsible for investment transactions. No person may engage in any investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer and approved by the Investment Committee. Investment decisions that involve borrowing in the amount of$100,000 or more must be included as a separate discussion item on the City Council's agenda. Such items can no longer be included on the City Council's consent calendar. (Government Code Section 53635.7) B. Responsibilities of the Director of Finance The Director of Finance is responsible for keeping the City Council fully advised as to the financial condition of the City. C. Responsibilities of the City Council The City Council shall consider and adopt a written Investment Policy. As provided in that policy, the Council shall receive, review and accept monthly investment reports. D. Responsibilities of the Investment Committee There shall be an Investment Committee consisting of the Director of Finance, the City Manager, and City Treasurer and their designees. The Committee shall meet quarterly to discuss cash flow requirements, the monthly investment reports, investment strategies,investment and banking procedures and significant investment related work projects being undertaken in each department that will affect the cash flow management of the City Treasurer. This will require timely reports from the cmavw�ommwswx.wnimwv ooivuwmxnsruw.murnvnsnmrteouacrtrorrzusn.:om.nn..�ooc department heads to the City Treasurer concerning significant future cash flow requirements. The Committee's meetings will be summarized in minutes that are distributed to the City Council. The Investment Committee,with the approval of the City Council,may retain an external investment manager on behalf of the City. The investment manager will be required to act in accordance with this investment policy. E. Ethics and Conflicts of Interest All City officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Those employees and investment officials shall disclose to the appropriate City executive(City Manager,City Attorney,or the Director of Finance)any material financial interest in financial institutions that conduct business within the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's investments. 6. REPORTING The City Treasurer shall prepare a monthly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the past month. This management summary shall be prepared in a manner that will allow the Director of Finance and the City Council to ascertain whether investment activities during the reporting period have deviated from the City's Investment Policy. The monthly report shall include the following: • A list of individual securities held at the end of the reporting month. • Unrealized gain or loss resulting from amortization or accretion of principal versus market value changes by listing the cost and market value of securities owned by the City. • A description of the current investment strategy and the assumptions upon which it is based. • Dollar weighted yield to maturity of the City's investments. • Maturity schedule by type of each of the City's investments. • Statement as to compliance of the City's Investment Policy with Government Code Section 53601 et seq. • Statement as to ability to meet expenditure requirements for next six months. • Market value,book value, par value and cost basis of all investments. • Investments"under the management of contracted parties,including lending programs"(i.e., investments held by deferred compensation administrators). 7. PERFORMANCE STANDARDS The investment portfolio will be managed in accordance with the standards established within this Investment Policy and should obtain a market rate of return throughout budgetary and economic cycles. The Investment Committee will establish and periodically review the City's portfolio benchmarks and performance. A benchmark will be selected that compares with the portfolio composition, structure and investment strategy at that time. 8. REVIEW OF INVESTMENT POLICY A. Policy Review This investment policy shall be reviewed annually by the City Council in accordance with State law to ensure its consistency with respect to the overall objectives of safety, liquidity and yield. Proposed amendments to the policy shall be prepared by the Treasurer and reviewed by the Investment Committee and City Attorney and then be forwarded to the City Council for consideration. The Investment Committee shall annually review the Investment Policy and any proposed amendments and forward to the City Council for its consideration and adoption at a public meeting. B. ' Internal Control and Review The external auditors shall annually review the investments and general activities associated with the investment program to ensure compliance with this Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the activities that are selected for testing. 9. ADOPTION OF POLICY This Policy was duly adopted by the City Council of the City of Azusa on June 18, 2007. EXHIBIT A EXHIBIT A DESCRIPTION OF INVESTMENTS The City of Azusa's investments may be placed in those securities as outlined below; the allocation between the various investment instruments may change in order to give the City the best combination of safety, liquidity and higher yield. Surplus funds of local agencies may only be invested in certain eligible securities. The City limits its investments to allowable securities under the State of California statutes (Government Code Section 53601, et. seq., Section 53356, et. seq., and Section 53595, et. seq.) and is further limited to those listed below. Certificates of Deposit Certificates of deposit allow the City to select the exact amount and day of maturity as well as the exact depository. Certificates of deposit are issued in any amount for periods of time as short as fourteen days and as long as several years. At any given time, the City may have certificates of deposit in numerous financial institutions in the future. The Treasurer may at his/her discretion waive security for that portion of a deposit,which is insured pursuant to federal law..Currently, the first$100,000 of a deposit is federally insured by FSLIC or FDIC. It maybe to the City's advantage to waive this collateral requirement for the first $100,000 because the City may receive a higher interest rate. If funds are to be collateralized, the collateral will be 110% of the deposit in govemment securities or mortgages of 150%. At purchase, institutions must not show an operating loss. Banks must have an equity-to-asset ratio of at least 6%. Savings and loan associations and savings banks must have an equity-to-asset ratio of a least 3%. Local Agency Investment Fund The Local Agency Investment Fund (LAIF) of the State of California offers high liquidity because deposits can be wired to the City checking account within twenty-four hours. Interest is computed on a daily basis. This is a special fund in the State Treasury, which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000 in multiples of$1,000 above that,with a maximum of$20,000,000 for any city. It offers high liquidity because deposits can be converted to cash within twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly by adding it to the principal. CW[YNFN�3 yap3ElTP'ObWXµll.iCM3ry pY.yryP'1SSNM3'iNp'IPJIILTIMTA 14MgYCYLIiY0i.391L.aol.FlN1LpX The State charges participants a small fee to cover reasonable costs associated with operating the investment pool, not to exceed one quarter of one percent of the earnings. The interest rates received are fairly stable because of the pooling of the State's surplus cash with the surplus cash deposited by local governments. This creates a well-diversified multi-billion dollar money pool. U.S. Treasury Securities U.S. Treasury securities are highly liquid and considered the safest of all investments because they are backed by the full faith and credit of the United States Government. U.S.Treasury Bills are direct obligations of the United States Government. They are issued weekly with maturity dates up to six months. They are issued and traded on a discount basis and the interest is figured on a 360-day basis using the actual number of days to maturity. They are issued in the minimum amount of$10,000 and in multiples of$5,000 thereafter. U.S. Treasure Notes are direct obligations of the United States Government.. They are issued throughout the year with maturities from two up to 30 years. Notes are coupon securities paying a fixed amount every six months. The City will not invest in notes having maturities longer then five years. Federal Mency Securities Federal Agency securities are highly liquid and considered to be virtually without credit risk. Federal Agency issues are guaranteed indirectly by the United States Government. All Agency obligations that are fixed-rate and meet the maturity restrictions of the State Code and this Policy qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues with all of the same advantages. Examples are: FNMA's (Federal National Mortgage Association) are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. FHLB's (Federal Home Loan Bank Notes and Bonds) are issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations,mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. Other Federal Agency issues are Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), Small Business Administration Notes (SBA's), Government National Mortgage Association (GNMA's), Tennessee Valley Authority (TVA's) and the Student Loan Marketing Association (SLMA's) Negotiable Certificate of Deposit Negotiable certificates of deposit are high-grade instruments, paying a higher interest rate than regular certificates of deposit. They are liquid because they can be traded in the secondary market. Negotiable Certificates of Deposit (NCD's) are unsecured obligations of the issuing financial institution, bank or savings and loan, bought at face value with a promise to pay face value plus accrued interest at maturity. The primary market issuance is in multiples of $1 million. The secondary market usually trades in denominations of$500,000,although smaller denominations are occasionally available. Local agencies may not invest more than 30% of their surplus money in negotiable certificates of deposit. NCD's will only be placed with the largest and most financially sound institutions. Commercial Paper Commercial paper allows the investment of large amounts of money on a short-term basis at rates higher than passbook savings accounts. Commercial paper is a short-term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value. As an example, corporations such as American Express, International Business Machines (IBM) and General Electric issue commercial paper. Local agencies are permitted by state law to invest in commercial paper of"prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard and Poor's Corporation (AI/p1 or a1+/p1). Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed 30% of the City's surplus funds. Medium-Term Corporate Notes A city may invest in medium term corporate notes with a maximum maturity of five years issued by a corporation organized and operating within the United States, a depository institution licensed by the United States Government or any state government and operating within the United States. The California State Code(53601)et seq.)permits cities to invest in corporations with a rating category of"A" or better, but the City will limit its investments in corporate medium term notes to those issued by corporations that have been rated "AA" or its equivalent by two nationally recognized ratings agencies. Passbook Savings or Money Market Account Passbook savings account allows us to transfer money from checking to savings and earn interest on smaller amounts of money, which are not available for a longer-term investment. CCRVMW;EpN06tTiiNGSMXMYLTOMMY[OL PRMSINV6TA¢NTPoII[MMSII�IW1lryt]ttOF..2LLG.]m1.FlN.\LWC The passbook savings account is similar to a CD except not for a fixed term. The interest rate is much lower than CD's but the savings account provides daily liquidity and funds can be deposited and withdrawn according to our daily needs. Mutual Funds Mutual Funds allow the City to maintain liquidity and receive money market rates. Mutual Funds are referred to in the Government Code, Section 53601.L, as"shares of beneficial interests issued by diversified management companies". The Mutual Fund must be restricted by its prospectus to be a "Money Market" mutual fund and be limited to the same approved investments as LAIF. These investments include U.S. Treasury and Agency issues, Bankers Acceptances, Commercial Paper, Repurchase Agreements,Certificates of Deposit,and Negotiable Certificates of Deposit. The quality rating and percentage restrictions in each investment category applicable to LAIF also apply to any Mutual Fund. One of the stated objectives of the Mutual Fund must be to attempt to maintain a$1.00 Net Asset Value(NAV). A further restriction is that the purchase price of shares of any mutual fund shall not include any sales commission. Investments in mutual funds shall not exceed 15% of the City's surplus money. Repurchase Agreements Repurchase Agreements are purchases of securities by the City under an agreement with a term of one(1)year or less whereby the seller will"repurchase"the same securities on or before a specified date or on demand of either party and for a specified amount. The underlying securities must be delivered to the City's custodial account by book entry,physical delivery or a third-party custodial agreement. pFtgls C1 � G I U � CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OFF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER ,�� W FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: JUNE 18, 2007 SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED REFUSE RATE ADJUSTMENT RECOMMENDATION It is recommended that the City Council: (1) authorize staff to provide notice to all property owners of record of public hearing on August 6, 2007, to consider proposed refuse rate adjustment; and (2) approve budget amendment in amount of $15,000 to print and mail public notice. BACKGROUND The City Attorney's office has advised that Proposition 218, as interpreted through recent court rulings, requires that the City provide a 45-day advanced notice to property owners of record of a public hearing, at which the proposed refuse rate adjustment will be considered. The attached notice has been prepared and will be mailed to all residential and commercial property owners of record by June 22 so that the required minimum notification period can be met for a public hearing on August 6, 2007. Also attached is the staff report on the proposed refuse rate adjustment. This report will be made available to the public for review at the City Clerk's office, Library and at Azusa Light &Water.. Because this notice was not a requirement last year, no funds were budgeted for the printing and mailing of this public notice and therefore a budget amendment is requested in the amount of $15,000 to pay for Spanish translation, printing and mailing of this public notice. FISCAL IMPACT Fiscal impact is estimated at this time to be less than $15,000. The budget account to be amended is 28-40-750-065-6539 which is funded through an AB 939 fee imposed on refuse collection services. Any unspent funds will be returned to fund balance. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities ®nt Public Notice.doc RefuseRateAdjustme nt07-08.pdf &ryi Yi NOTICE OF PUBLIC HEARING TRASH AND RECYCLING RATE ADJUSTMENTt£ AUGUST 6, 2007 A Z U S A NOTICE IS HEREBY GIVEN that pursuant to Article XIIID of the California Constitution,the City Council of the City of Azusa will hold a PUBLIC HEARING to consider an increase in rates for trash collection and recycling services effective for bills rendered on or after September 1, 2007. This notice is being mailed to the owner of record of each identified parcel subject to the trash rate increase. Said PUBLIC HEARING will be held at the regular meeting of the City Council of the City of Azusa on MONDAY,AUGUST 6, 2007, at 7:30 P.M.,or as soon as possible thereafter, in the Civic Auditorium,213 E. Foothill Blvd.,Azusa. The City Council will be considering adoption of a trash collection and recycling rate schedule effective from September 1,2007,through June 30,2008, as set forth below for typical residential and commercial services. Read below for more information. June-Aug: 'Sept-July , .2006-07 "2007-2008 _ - Existing Proposed 2007-2008 SERVICES ::Total -Total - Change Monthl Rate Monthr .Rate - % .$ Residential Barrel Service 21.71 23.23 7.00% $1.52 Multifamily Bin Service 18.15 17.71 -2.42% ($0.44) Commercial Bins: Size-3 Cubic Yards 1 Day/Week 103.17 106.23 2.97% $3.06 2 Days/Week 155.57 159.91 2.79% $4.34 3 Days/Week 208.03 213.64 2.70% $5.61 4 Days/Week 260.34 267.22 2.64% $6.88 5 DaysMeek 312.89 321.06 2.61% - $8.17 Size-2 Cubic Yards 1 Day/Week 90.98 93.79 3.09% $2.81 2 DayrWeek 132.93 136.83 2.93% $3.90 3 DaysWeek 174.71 179.75 2.88% $5.04 4 Days/Week 217.41 223.54 2.82% $6.13 5 Days/Week - 258.98 266.20 2.79% $7.22 - Size-1.5 Cubic Yards 1 Day/Week 69.34 71.49 3.10% $2.15 2 Da sMeek 116.84 120.37 1 3.02% $3.53 Further details regarding the bases and reasons for the proposed trash rate changes are set forth in a report available at the City Clerk's office at 213 E. Foothill Boulevard in Azusa which may be reviewed by any interested person. Proceeds from this rate adjustment will be used to pay Athens Services for trash collection and recycling services. Recycling services include processing all waste collected in Azusa through a material recovery facility where all glass,plastics, metal and paper products are removed and recycled. Other portions of the trash rate pay for City fees, such as a franchise fee and AB 939 fee. These fees are used by the City to administer the trash hauling contract and comply with state regulations such as the California Integrated Waste Management Act of 1989. For a comparison of how City of Azusa's trash rates compare with those of neighboring cities,please logon to our website at htto://www.azusalw.com At the time of the public hearing, the City Council will hear and consider all protests and objections concerning the proposed trash rate adjustments. Upon conclusion of the hearing,the City Council will consider,and may adopt,the proposed trash rate adjustments. It written protests against the proposed rate adjustments and fee schedule are not presented by a majority of owners of the identified parcels upon which the rates and fee schedule are proposed to be imposed,the City Council will be authorized to impose the rates and fee schedule. Comments or protests to the proposed trash rate adjustments must be delivered in writing to the City Clerk,City of Azusa, 213 East Foothill Boulevard,Azusa, CA 91702,prior to the public hearing on August 6,2007. Written protests may also be submitted at the public hearing so long as they are received prior to the conclusion of the public hearing. Please include your service address(es)or parcel number(s),your name and contact telephone number in your written protest. If you have any questions about this notice or proposed changes to trash rates, please call Customer Service at(626) 812-5225. Copies of the proposed report and resolution for adoption of the trash rate changes are available by calling the above-mentioned telephone number or at the above-mentioned web site. Thank you. Gy;QI PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL VIA: FRANCIS M. DELACH, CITY MANAGER sTwJ FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: JUNE 25, 2007 SUBJECT: REFUSE RATE ADJUSTMENT RECOMMENDATION It is recommended that the City Council approve of a refuse collection rate adjustment for Athens Services effective 2007, by adopting attached, resolution approving amendment number nine to the Exclusive Franchise Agreemefn nd,'5etting forth the following monthly proposed rates: Residential 'NExistin Proposed % Change Single/Multi-Family Barrel °wI 4 x$21.71 $23.23 7.00% Multifamily Bin $18.15 $17.71 2.42% Commercial *, W , 3 cubic yard bin/1 time pe ee)C` $103.17 $106.23 2.97/o BACKGROUND. The City of Azusa has#a;conTact with Athens Services for refuse collection and recycling services. The contract isteferred to as an Exclusive Franchise Agreement since Athens has an "exclusive" right to collect all44ash !W" 'usa. The City is obligated to adjust refuse collection and recycling costs each,vyearebased .pn the methods specified in the Agreement with Athens Services. The r"Jes sare to go into effect July 1 of each year. Azusa Light 8. Water bills for newly adopt"etd residential"refuse��ollection services and Athens bilis commercial customers. As fu`txher bfikground, recycling of Azusa's solid waste is accomplished through centralized processirig..of all refuse collected by Athens. Waste is taken to a material recovery facility or MRF that is ozed by Athens and all recyclables such as glass, plastics, metal, and paper, are removed and tecycled. The residual waste is then hauled to the Puente Hills landfill or the Commerce Refuse to Energy Facility. Yard waste is collected as a separated material at curbside and directly hauled to the Puente Hills landfill where is it is used as an alternative daily cover or ADC. For purposes of the annual rate adjustment, refuse rates are broken down into four rate components and adjusted as follows: (1) Service Fees. These are used to pay for trucks, personnel, and.operating expenses such as diesel fuel. Service fees or collection costs are adjusted by the consumer price index (CPI) change from April to April. The CPI change from 2006 to 2007 was 3.489%. (2) Processing and Disposal Charges. These are used to pay for the cost to process waste through Athens' MRF, as well as the cost to dispose of yard waste and solid waste at the Puente Hills landfill. The landfill charges are passed on to ratepayers on a dollar-per-dollar basis such that Athens does not profit on changes in landfill costs or fluctuations in tonnage amounts. The non-landfill portion of the per ton MRF rate is adjusted annually based on the CPI. Following is a breakdown of the Processing and Disposal Charges by customer class for 2006-2007: Single Family Barrel Customers MRF+Landfill Costs -$890,353.95 Yard Waste -$39.051.66 Total: -$929,405.61 Revenues $908,403.50 Revenue Deficiency: -$21,002.12 p Multifamily Bin Customers MRF+Landfill Costs -$546,639.11 Revenues $588,387.41 Revenue Surplus: $41,748.3,0 Commercial Customers MRF+Landfill Costs -$836,80,0.2 Revenues $840,.19�b,25 Revenue Surplus: 4$3,389:9,8 All revenue deficiencies and surpluses as noted ae 1or Processing and Disposal are factored into the rate adjustment such that deficiencies,are added to the rate for the upcoming year, and all surpluses are credited bads to ratepayers for the upcoming year. These surpluses/deficiencies account forpwhy#h proposed rate adjustment percentage varies between the different customer classe"3 with the multifamily rate actually going down due to the large surplus collected byA hens from multifamily customers last year. (3) Franchise Fees. These fees repre;s4e City fees that are used to administer the contract and pay for wear and tearfiliCity streets caused by disposal trucks. The franchise fee represents 10% of the surr Pbf thelservic,ye fee, disposal/processing fee, and franchise fee itself for each customer class (Sde,Exl lblt'f/i to attached Resolution). (4) AB 939 Fees. These ee are used by the City to pay for costs related to the City's compliance effort wi#hl`Th)e,Sta}'e''s recycling mandate, AB 939. Because of revenue adequacy there is no proposed'Lchangenthese fees for this rate adjustment. a '4", e, FISCAL IMPACT Total fiscal impact across all ratepayers is expected to be about $154,000 annually. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Attachments: Resolution,Amendment and Rate Adjustment Calculations: ResO-RefuseRateAdj RateSurvey.doc .pdf RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE NINTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1, 2007 THORUGH JUNE 30, 2008. WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse collection and recycling services ("Original Agreement"); and WHEREAS, Section 5 of the Or' A requires that service rates be modified Original Agreement annually to account for cost of living changes and changes m disposal costs ("Adjustments") on July 1of each year; and WHEREAS, rates have been calculated pursuant to the terms and conditions of the Original Agreement; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1: Adoption of Ninth Amendment. The attached Ninth Amendment to the Exclusive Franchise Agreement Between the City of Azusa and Arakelian Enterprises,Inc. for Refuse Collection, Recycling and Disposal Services is hereby approved. The rate schedule adopted as part of the Ninth Amendment shall supersede any rate schedule previously adopted. SECTION 2: Effective Date. This Resolution shall become effective upon its adoption. SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND APPROVED on this—day of 2007. Mayor I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the City of Azusa at a regular meeting of the Utility Board/City Council thereof on the day of 2007, by the following vote of the City Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELIAN ENTERPRISES, INC. FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES AMENDMENT NO. 9 This Ninth Amendment to the Exclusive Franchise Agreement is entered into this -----____ day of__________ 2007 by and between the City of Azusa, a municipal corporation ("City") and Arakelian Enterprises, Inc., a California Corporation ("Contractor"). Effective 2007, the attached rate schedule shall replace Exhibit A of the Existing Exclusive Franchise Agreement approved on October 2, 2000. IN WITNESS WHEREOF, the parties have executed this Amendment No. 9 as of the date first set out herein. Date: Date: CITY OF AZUSA ARAKELIAN ENTERPRISES, INC. A Municipal Corporation d.b.a. ATHENS SERVICES Joe Rocha, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Best Best &Krieger, LLP City Attorney EXHIBIT A TO FRANCHISE AGREEMENT BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES, INC. MRF entire waste stream except green waste and clean inerts; Service Processing/ Service Fee Franchise Monthly Monthly Disposal Fee AB 939 Rate or Fee Fee Total Single Family $11.15 $9.11 $2.25 $0.72 $23.23 Multifamily Bin $7.45 $7.91 $1.71 $0.64 $17.71 Commercial Bins 3 Cubic Yard 1 Day/Week $37.93 $54.50 510.27 $3.53 $106.23 2 Days/Week $75.86 $61.70 $15.28 $7.07 $159.91 3 DaysM1Week $113.79 $68.95 $20.30 $10.60 $213.64 4 Days/Week $151.72 $76.07 $25.30 $14.13 $267.22 5 Days/Week $189.65 $63.41 $30.33 $17.67 $321.06 2 Cubic Yard 1 Day/Week $25.29 $57.00 $9.14 $2.36 $93.79 2 DayslWeek $50.57 $68.33 $13.21 $4.72 $136.83 3 Days/Week $75.86 $79.51 $17.30 $7.08 $179.75 4 Days/Week $101.15 $91.55 $21.40 $9.44 $223.54 5 Days/Week $126.44 $102.54 $25.44 $11.78 $266.20 15 Cubic Yard 1 Day/Week $18.97 $43,79 $6.97 $1.76 $71.49 2Days/Week $37.93 $67.24 $11.68 $3.52 $120.37 3 Days/Week $56.90 $90.08 $16.33 $5.28 $168.59 Saturday Service $37.93 $54.50 $10.27 $3.53 $106.23 Locked Lid Bin Change Out n/a $57.45 $6.38 nfa $63.83 Ongoing Service n/a $ 6.39 $0.71 n/a $7.10 Temp Bias $8.76_ $86.20 $10.55 $0.81 $106.32 . X-tra Dumps Same Day $8.76 $35.41 $4.91 $0.81 $49.89 Different Day $8.76 $54.02 $6.98 $0.81 $70.57 Commercial Barrels $7.45 $17.54 $2.78 $0.64 $28.41 Roll Offs Ton Based $237.39 Ton Based $6.84 Ton Based Updated 6/11/07 Jun-Jul Jul-Jun Jun-Jul Jul-Jun Jun-Jul Apr-June Jun-Jul Jul-Jun Jun-Jul Jun-Jul Year 200607 2007-2008 2006-07 2007-2008 2006-07 2007.2008 2006-07 2007-2008 2006.07 2007-2009 2007-2009 New New New New New Service Processing/ service service Franchise Franchise AB 940 AB 939 Total Total % $ Disposal Fee Disposal Fee Fee Fee Fee Fee Fee Fee Rate Rate Change Change Single Family (Trash&Green) 10.09 11.15 8.80 9.11 2.10 2.25 0.72 0.72 21.71 23.23 7.00% $1.52 Multifamily Bin 8.12 7.45 7.64 7.91 1.75 1.71 0.64 0.64 18.15 17.71 -2.42% ($0.44) Commercial Bins 3 Cubic Yard 1 Day/Week 37.02 37.93 52.66 54.50 9.96 10.27 3.53 3.53 103.17 106.23 2.97% $3.06 2 Days/Week 74.04 75.86 59.62 61.70 14.84 15.28 7.07 7.07 155.57 159.91 2.79% $4.34 3 Days/Week 111.06 113.79 66.63 68.95 19.74 20.30 10.60 10.60 208.03 213.64 2.70% $5.61 4 Days/Week 148.09 151.72 73.51 76.07 24.61 25.30 14.13 14.13 260.34 267.22 2.64% $6.88 5 Days/Week 185.11 189.65 80.60 83.41 29.51 30.33 17.67 17.67 312.89 321.06 2.61% $8.17 2 Cubic Yard 1 Day/Week 24.68 25.29 55.08 57.00 8.86 9.14 2.36 2.36 90.98 93.79 3.09% $2.81 2 Days/Week 49.36 50.57 66.03 68.33 12.82 13.21 4.72 4.72 132.93 136.83 2.93% $3.90 3 Days/Week 74.04 75.86 76.83 79.51 16.76 17.30 7.08 7.08 174.71 179.75 2.88% $5.04 4 Days/Week 98.72 101.15 88.45 91.55 20.79 21.40 9.44 9.44 217.41 223.54 2.82% $6.13 5 Days/Week 123.41 126.44 99.08 102.54 24.71 25.44 11.78 11.78 258.98 266.20 2.79% $7.22 1.5 Cubic Yard 1 Day/Week 18.51 18.97 42.31 43.79 6.76 6.97 1.76 1.76 69.34 71.49 3.10% $2.15 2 Days/Week 37.02 37.93 64.97 67.24 11.33 11.68 3.52 3.52 116.84 120.37 3.02% $3.53 3 Days/Week 55.53 56.90 87.04 90.08 15.84 16.33 5.28 5.28 163.69 168.59 2.99% $4.90 Saturday Service 37.02 37.93 52.66 54.50 9.96 10.27 3.53 3.53 103.17 10623 2.97% $3.06 Locked Lid Bin Change Out n/a n/a 55.51 57.45 6.17 6.38 n/a n/a 61.68 63.83 3.49% $2.15 Ongoing Service n/a n/a 6.17 6.39 0.69 0.71 n/a n/a 6.86 7.10 3.50°% $0.24 Temp Bins 8.55 8.76 83.29 86.20 10.20 10.55 0.81 0.81 102.85 106.32 3.37% $3.47 X-Tra Dumps Same Day 8.55 8.76 34.22 35.41 4.75 4.91 0.81 0.81 48.33 49.89 3.230/6 $1.56 Different Day 8.55 8.76 52.20 54.02 6.75 6.98 0.81 0.81 68.31 70.57 3.31% $2.26 Commercial Barrels 8.12 7.45 16.95 17.54 2.79 2.780.64 0.64 28.50 28.41 -0.32% ($0.09) ROTI Offs Ton Based Ton Based Ton Based 1 229.39 237.39 Ton Based Ton Basetl 6.84 6.84 Ton Based Ton Based Ton Based Ton Base RF PROCESSING/DISPOSAL COST ADJUSTMENTS fective Jan. 1,2007,Puente Hills Landfill Rate is$26.21tton;and Effective Jan 1,2006,rate Is expected to be$29.21/ton) reement Sect:nn 5.0 Adjustment Procedure 26.2 19.65 RF PER TON RATE BREAKDOWN: 1-Jan-07 1-Jul-07 1-Jan-08 Existing Rate CPI' Adj. Rate CPI Adj.Rate Processing Cost Per Ton: $39.39 3.49% $40.76 0.00% $40.76 Disposal Cost Per Ton: $19.66 0 $19.66 $3.00 $21.91 Govt Fee CITY HAS NOT AGREED TO PAY THIS AS OF 6/13/06 Per Ton Rate $59.05 $60.42 $62.67 SIDENTIAL/COMMERCIAL BARREL CUSTOMERS ticipated16ns/C66l6"tor Apr 08=-Mar 'Updated 5/22/07 Extension/ Tons Rate Amount Green Waste(based on Apr 06-Mar 07) 3,227.41 $12.10 $39,051.66 MRF(based on Apr 06-June 06) 4,135.93 $59.05 $244,216.33 MRF(based on July 06-Dec 06) 7,625.40 $60.42 . $460,741.46 MRF(based?on Jan 07,?.MJ07) _ ` _ " >: ; ��s, - 3,703.84 $62.67, $232,126.84 ' Required Revenue for MRF/Disposal Costs: $976,136.28 Monthly Required Revenue: - $81,344.69 Adjusted Average Monthly Customer Count: 7,568.44 Monthly Rate for MRF Processing/Disposal $10.75 (Credit)/Deficiency(based:on Apr 06-Mar 07+prior bal) - $0.40 New MonttPiy Rate forJu106 June07 oe t SIDENTIAL BIN CUSTOMERS �bapated Tons/Cast`s=for Apr 06;`Mar 07 �„¢u A *,� Vi'µ„r-- „Updated 5/22/07 - Extension/ Tons Rate Amount MRF(based on Apr 06-June 06) 2,594.67 $59.05 $153,208.78 # MRF(based on July 06-Dec 06) 4,624.00 $60.42 $279,391.05 # MRF(besed`-on 2,279.70 $62.67 $142,873.22 If Required Revenue for MRF/Disposal Costs: $575,473.05 Monthly Required Revenue: $47,956.09 Adjusted Average Monthly Customer Count: 6,087.50 Monthly Rate for MRF Processing/Disposal $7.88 (Credit)/Deficiency(based on Apr 06-:Mar 07+prior bal) •. ($0.43) New MoiitAly,Rate for Jul O6;.June'07 r u;•'; ,:', :� - $7.45 OMMERCIAL BIN CUSTOMERS 14clpatetl;Tons/Costs,.for Apr Ofi=Mar 07 ,k ft "4f 5?��',,; �-„i y .'4 ,.,_Ky ; Updated 5/22/07 Extension/ - Tons Rate Amount MRF(based on Apr 05-June 05) 3,682.04 $59.05 $217,415.26 # MRF(based on July 05-Dec 05) 7,194.03 $60.42 $434,677.25 # 3,647.82 $62.67 $228,615.95 # Required Revenue for MRF/Disposal Costs: $880,708.46 Monthly Required Revenue: $73,392.37 Average Monthly Cubic Yams of Service: 24,666 Monthly MRF Rate Per Cubic Yard of Service: $2.98 (Credit)/Deficiency(based;on Apr O6 w-TJlar 07+pno bal) ` ($0.06) or Naw•Monthly Rate'fJul 67 June_=_08 s $2,62 # eased m actual torts disposed as reported w Monthly Dtsposal Reports,from 4/06 to 3/07. RESIDENTIAUCOMMERCIAL BARREL CUSTOMERS (Effective Jan. 1,2007, Puente Hills Landfill Rate Increased from $ /Ton to$26.21/Ton) MRF/DISPOSAL COSTS Iplated 5/21/07 MRF Year Barrel Tons Rate Cost Total Tons Total Cost APRIL 2006 1,354.20 55.95 75,767.49 MAY 2006 1,379.67 55.95 77,192.54 JUN 2006 1,402.06 55.95 78,445.26 JUL 2006 1,254.17 57.71 72,378.15 AUG 2006 1,370.48 57.71 79,090.40 SEP 2006 1,201.46 57.71 69,336.26 OCT 2006 1,225.55 57.71 70,726.49 NOV 2006 1,305.62 57.71 75,347.33 DEC 2006 1,268.12 57.71 73,183.21 JAN 2007 1 304 45 :` 59 05 77,027.77 FEB 2007 1 145 1990 67 623147 r MAO. ;_ „2007 . ;;,;1,254.20 5905 74,060:51 15,46517 ;,$890,178.87.. LANDFILL DIRECT HAUL Year Barrel Tons Rate Cost Feb-07 6.68 26.21 $175.08 6.68 $175.08 lipdated3 2: / 7 GREEN WASTE Year Green Tons Rate Cost APRIL 2006 300.43 12.10 $3,635.20 MAY 2006 366.92 12.10 $4,439.73 JUN 2006 379.80 12.10 $4,595.58 JUL 2006 331.33 12.10 $4,009.09 AUG 2006 295.10 12.10 $3,570.71 SEP 2006 245.26 12.10 $2,967.65 OCT 2006 236.03 12.10 $2,855.96 NOV 2006 208.51 12.10 $2,522.97 DEC 2006 177.15 12.10 $2,143.52 JAN 2007 242 59 12 10 $2,935.34 R2007..n< .:T ` '�i_w;17860,' 121, 1$21%fV6 u� MAR, ..;� i_ _ ;�'s �2007 ,. `, ,, 2$8.69, 12 10 ,K;; +$3,214x85 ,, �, f _"3,227 41 ",! $39,'051.66, TOTALS 18,699.26 $929,405.61 MRF/DISPOSAL REVENUES Uplated 5/21/07 Year Res Cusl Count Rate Com Barrel Ct Rate Revenue Total Revenues APRIL 2006 7,573.1385 9.26 35 7.72 $70,397.46 MAY 2006 . 7,569.8045 9.26 34 7.72 $70,358.87 JUN 2006 7,574.5724 10.09 `. 34 7.72 $76,689.92 JUL 2006 7,566.1403 10.09 33 8.12 $76,610.32 AUG 2006 7,568.9704 10.09 33 8.12 $76,638.87 SEP 2006 7,563.2716 10.09 33 8.12 $76,581.37 OCT 2006 7,552.1032 10.09 33 8.12 $76,468.68 NOV 2006 7,548.9725 10.09 - - 33 8.12 $76,437.09 DEC 2006 7,570.0026 10.09 34 8.12 $76,657.41 JAN 2007 7,586.7046 10.09' - ". 34 8.12 $76,825.93 FEB 2007 - 7,567.4362 10.09�';� -•34 8.12 $76,631.51 MAR 2007 7,580.1080 10.09 5:,34; 8.12 $76,759.37 $907,056.80 Temporary Bin Dumps(00/6) Bin Count Rate Revenue'otal Bins Total Revenue Apr 06 -Jun 06 35 8.43 $295.05 Jul 06-Mar 07 123 8.55 $1,051.65 158 $1,346.70 TOTAL MRF/DISPOSAL REVENUES $908,403.50 (Credit)/Deficiencyfor Period $21,002.12 Special Credit 8/3/2006 $0.00 (Credit)/Deficiencytor Prior Adjustment (Eff -4/:17Q6) ," �,`.' ..,+,�Sf5528i3Z (Credit)/Deficiency for this Adjustment $36,530.49 Average Monthly Customer Count 7,568.44 (Credit)/Deticiency Per Customer/Month over 12 months $0.40 RESIDENTIAL BIN CUSTOMERS MRF/DISPOSAL COSTS Updated 6/21/07 MRF Year Bin Tons Rale Cost Total Tons Total Cost APR 2006 821.06 55.95 $45,938.31 MAY 2006 919.67 55.95 $51,455.54 JUN 2006 853.94 55.95 $47,777.94 JUL - 2006 795.95 57.71 $45,934.27 AUG 2006 846.95 57.71 $46,877.48 SEP 2006 743.23 57.71 $42,891.80 OCT 2006 788.58 57.71 $45,508.95 NOV 2006 724.67 57.71 $41,820.71 DEC 2006 724.62 57.71 $41,817.82 JAN 2007 789.31 59.05 $46,608.76 FEB 2007 729.70 59.05 $43,088.79 MAR 2007 760.69 59.05 $44,918.74 9,498.37 $546,639.11 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost None 0.00 0.00 $0.00 0.00 $0.00 GREEN WASTE Year Green Tons Rate Cost None 0.00 0.00 - $0.00 0.00 $0.00 TOTALS 9,498.37 $546,639.11 MRF/DISPOSAL REVENUES Updated 5721/07 ' Year Cubic Yards Rate Bin Cus Count Revenue Total Cu.Yd. Total Revenue APR 2006 17,056 7.73 6,145.7270 $47,506.47 MAY 2006 17,069 7.73 6,106.8519 $47,205.97 JUN 2006' 17,121 8.12 5,957.6478 $48,376.10 'ULs , 4.200 _ 8.12 5,949.9112 $48,313.28 AUGt IMI ? , 20} , 39 8.12 5,941.1504 $48,242.14 SEP 2006 16,835 8.12 6,072.2792 $49,306.91 CT, , 8.12 6,140.4435 $49,860.40 OV' 2006 m 1fiB48 8.12 6,155.3458 $49,981.41 DEC 2006 16,718 8.12 6,137.5451 $49,836.87 JAN 2007 16,737 8.12 6,179.5457 $50,177.91 FEB 2007 16,724 8.12 6,117.6681 $49,675.46 MAR 2007 16,763 8.12 6,145.8737 $49,904.49 202,987 $588,387.41 Temporary Bin Dumps(0%) Bin Count Rate Revenue Total Bins Total Revenue Apr 06-Jun 06 0 8.43 $0.00 Jul 06-Mar 07 0 8.55 $0.00 0 $0.00 'Implemented by City June 2006 TOTALS 73,049.9894 $588,387.41 (Credit)/Deficiency for Period ($41,748.30) Special Credit for 8/3/2006 $0.00 (Credit)/Deficiency for Prior Adjustment (Eff.7/1/06) "`:;;$1'0;332.70:' • , (Credit)/Deficiency for this Adjustment ($31,415.60) Average Monthly Customer Count 6,087.50 (Credit)/Deficiency Per Month/Customer(based on 12 Months) ($0.43) COMMERCIAL BIN CUSTOMERS MRF/DISPOSAL COSTS Updated 5-21-07 MRF Year Bin Tons Rate Cost Total Tons Total Cost APRIL 2006 . 1,181.00 55.95 .$66,076.95 MAY 2006 1,281.80 55.95 $71,716.71 JUN 2006 1,219.24 55.95 $68,216.48 JUL 2006 1,136.26 57.71 $65,573.56 AUG 2006 1,276.47 57.71 $73,665.08 SEP 2006 1,179.49 57.71 $68,068.37 OCT 2006 1,252.99 57.71 $72,310.05 NOV 2006 1,179.18 57.71 $68,050.48 DEC 2006 1,169.64 57.71 $67,499.92 JAN 2007 1,234.48 5 $72,896.04 rb: FEB ,. 2007-- 1,185.72 90 $70,016.77 MAR 2007. 1,227.62 9,05 $72,490.96 14,523.89 $836,581.38 LANDFILL DIRECT HAUL Year Bin Tons Rate Cost Total Tons Total Cast Dec 06 Report 8.96 24.43 $218.89 8.96 $218.89 GREEN WASTE Year Green Tons Rate Cost Total Tons Total Cost None 0.00 0.00 $0.00 0.00 $0.00 Temporary Bin Dumps Bin Tons Rate Bin Cost Total Tons Total Cost Apr 1.06 to Jul`.1-,06z. 0.00 0.00 0.00 Jul 1 06 to Mar 1 07 0.00 0.00 0.00 0.00 0.00 TOTALS 14,532.85 $836,800.27 MRF/DISPOSAL REVENUES Updated 5-21-07 Year Cubic Yards Revenue Total Cu:Yd. Total Revenue APR 2006 24,293 $68,215.28 MAY 2006 23,611 $66,299.09 JUN 2006 23,780 $66,773.61 JUL 2006 23,827 $67,859.21 AUG 2006 24,978 $71,135.90 SEP 2006 24,975 $71,129.71 OCT 2006 24,895 $70,901.42 NOV 2006 24,984 $71,154.40 DEC 2006 25;097 $71,475.24 JAN 2007 25,194 $71,752.90 FEB 2007 25,179 $71,709.72 MAR 2007 25,205 $71,783.77 296,018 $840,190.25 Temporary Bin Dumps(0%) Bin Count Rate Revenue Total Bin Total Revenue Apr 06-Jun 06 0 8.43 $0.00 Jul 06 - Mar 07 0 8.55 $0.00 0 $0.00 TOTALS $840,190.25 (Credit)/Deficiency for Period ($3,389.98) Special Credit for 8/3/2006 $0.00 (Credit)/Deficiency Prior Adjustment Eff^41 06 :($15,096.65) (Credit)/Deficiency This Adjustment ($18,486.63) Total Annual Cubic Yards of Service 296,017.56 (Credit)/Deficiency Per Cubic Yard ($0.06) i Commercial Bin Service April 2006 thru March 2007 Year 2006 OK 2006 OK 2006 OK 1.5 CY Bin Customer Count X's Week Apr Rate Revenue May Rate Revenue June Rate Revenue 1 115 18.25 $2,098.75 114 18.25 $2,080.50 116 18.25 $2,117.00 2 1 36.50 $36.50 1 36.50 $36.50 1 36.50 $36.50 3 0 54.75 $0.00 0 54.75 $0.00 0 54.75 $0.00 4 1 73.00 $73.00 1 73.00 $73.00 1 73.00 $73.00 5 0 91.25 $0.00 0 91.25 $0.00 0 91.25 $0.00 6 0 109.50 $0.00 0 109.50 $0.00 0 109.50 $0.00 2.0 CY Bin X's Week 1 28 24.33 $681.24 28 24.33 $681.24 28 24.33 $681.24 2 5 48.67 $243.35 5 48.67 $243.35 5 48.67 $243.35 3 0 73.00 $0.00 0 73.00 $0.00 0 73.00 $0.00 4 0 97.34 $0.00 0 97.34 $0.00 0 97.34 $0.00 5 0 121.67 $0.00 0 121.67 $0.00 0 121.67 $0.00 6 0 146.00 $0.00 0 146.00 $0.00 0 146.00 $0.00 3.0 CY Bin X's Week 1 243 36.50 $8,869.50 244 36.50 $8,906.00 242 36.50 $8,833.00 2 149 73.00 $10,877.00 148 73.00 $10,804.00 145 73.00 $10,585.00 3 110 109.51 $12,046.10 151 , 109.51 $16,536.01 147 109.51 $16,097.97 4 38 146.01 $5,548.38 38 146.01 $5,548.38 38 146.01 $5,548.38 5 116 182.51 $21,171.16 =_ 8 182: 1 1460 8 792C5t` 15330:84.- 6 30 219.01 $6,570.30 31, 219.01 $6,789.31 33 219.01 $7,227.33 Total 836 $68,215.28 841 $66,299.09 840 $66,773.61 Cary Kalscheuer Page 1 6/11/2007 Commercial Bin Service April 2006 thru March 2007 2006 2006 2006 July Rate Revenue Aug Rate Revenue Sept Rate Revenue 116 18.51 $2,147.16 117 18.51 $2,165.67 118 18.51 $2,184.18 1 37.02 $37.02 1 37.02 $37.02 1 37.02 $37.02 0 55.53 $0.00 0 55.53 $0.00 0 55.53 $0.00 1 74.04 $74.04 1 74.04 $74.04 1 '74.04 $74.04 0 92.55 $0.00 0 92.55 $0.00 0 92.55 $0.00 0 111.06 $0.00 0 111.06 $0.00 0 111.06 $0.00 28 24.68 $691.04 28 24.68 $691.04 27 24.68 $666.36 4 49.36 $197.44 4 49.36 $197.44 4 49.36 $197.44 0 14.04 $0.00 0 74.04 $0.00 0 74.04 $0.00 0 98.72 $0.00 0 98.72 $0.00 0 98.72 $0.00 0 123.41 $0.00 0 123.41 $0.00 0 123.41 $0.00 0 148.09 $0.00 0 148.09 $0.00 0 148.09 $0.00 244 37.02 $9,032.88 240 37.02 $8,884.80 239 37.02 $8,847.78 137 .74.04 $10,143.48 136 74.04 $10,069.44 140 74.04 $10,365.60 . 153 111.06 $16,992.18 114 111.06 $12,660.84 115 111.06 $12,771.90 38 148:09 $5,627.42 38 148.09 $5,627.42 38 148.09 $5,627.42 185.11 $22,953.64 122 185.11 $22,583.42 34 222.13 $7,552.42 35 222.13 $7,774.55 35 222.13 $7,774.55 839 $67,859.21 838 $71,135.90 840 $71,129.71 Cary Kalscheuer Page 2 6/11/2007 Commercial Bin Service April 2006 thru March 2007 2006 2006 2006 Oct Rate Revenue Nov Rate Revenue Dec Rate 119 18.51 $2,202.69 120 18.51 $2,221.20 120 18.51 1 37.02 $37.02 1 37.02 $37.02 1 37.02 0 55.53 $0.00 0 55.53 $0.00 0 55.53 1 74.04 $74.04 1 74.04 $74.04 1 74.04 0 92.55. $0.00 0 92.55 $0.00 0 92.55 0 111.06 $0.00 0 111.06 $0.00 0 111.06 26 24.68 $641.68 25 24.68 $617.00 26 24.68 4 49.36 $197.44 4 49.36 $197.44 4 49.36 0 74.04 $0.00 0 74.04 $0.00 0 74.04 0 98.72 $0.00 0 98.72 $0.00 0 98.72 0 123.41 $0.00 0 123.41 $0.00 0 123.41 0 148.09 $0.00 0 148.09 $0.00 0 148.09 242 37.02 $8,958.84 245 37.02 $9,069.90 245 37.02 140 74.04 $10,365.60 141 74.04 $10,439.64 143 74.04 112 111.06 $12,438.72 111 111.06 $12,327.66 111 111.06 38 148.09 $5,627.42 37 148.09 $5,479.33 37 148.09 122 185.11 $22,583.42 125 185.11 $23,138.75 121 185.11 35 222.13 $7,774.55 34 222.13 $7,552.42 38 222.13 840 $70,901.42 844 $71,154.40 847 Cary Kalscheuer Page 3 6/11/2007 Commercial Bin Service April 2006 thru March 2007 2007 2007 2007 Revenue Jan Rate Revenue Feb Rate Revenue Mar Rate Revenue $2,221.20 121 18.51 $2,239.71 120 18.51 $2,221.20 120 18.51 $2,221.20 $37.02 1 37.02 $37.02 1 37.02 $37.02 1 37.02 $37.02 $0.00 0 55.53 $0.00 0 55.53 $0.00 0 55.53 $0.00 $74.04 1 74.04 $74.04 1 74.04 $74.04 1 74.04 $74.04 $0.00 0 92.55 $0.00 0 92.55 $0.00 0 92.55 $0.00 $0.00 0 111.06 $0.00 0 111.06 $0.00 0 111.06 $0.00 $641.68 26 24.68 $641.68 28 24.68 $691.04 28 24.68 $691.04 $197.44 4 49.36 $197.44 4 49.36 $197.44 4 49.36 $197.44 $0.00 0 74.04 $0.00 0 74.64 $0.00 0 74.04 $0.00 $0.00 0 98.72 $0.00 0 98.72 $0.00 0 98.72 $0.00 $0.00 0 123.41 $0.00 0 123.41 $0.00 0 123.41 $0.00 $0.00 0 148.09 $0.00 0 148.09 $0.00 0 148.09 $0.00 $9,069.90 241 . 37.02 $8,921.82 241 37.02 $8,921.82 242 37.02 $8,958.84 $10,587.72 146 74.04 $10,809.84 144 74.04 $10,661.76 143 74.04 $10,587.72 $12,327.66 111 111.06 $12,327.66 111 111.66 $12,327.66 110 111.06 $12,216.60 $5,479.33 137 148,09 $5,479.33 39. 148.09 $5,775.51 39 148.0.9 $5,775.51 $22,398.31 122 185.11 $22,583.42 - 122 185.11 $22,583.42 122 185.11 $22,583.42 $8,440.94 3B .222.13 $8,440.94 37 . 222.13 $8,218.81 38 222.13 $8,440.94 $71,475.24 848 $71,752.90 848 $71,709.72 848 $71,783.77 Cary Kalscheuer Page 4 6/11/2007 Commercial Bin Service April 2006 thru March 2007 Updated 3/15/05 Revenue Customer Count Total: Total $26,120.46 1,416.00 $442.68 12.00 $0.00 0.00 $885.36 12.00 $0.00 0.00 $0.00 0.00 $8,016.28 326.00 $2,507.01 51.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $107,275.08 2,906.00 $126,296.80 . 1,712.00 $161,070.96 1,456.00 $67,143.83 455.00 $247,874.73 1,343.00 $92,557.06 418.00 $840,190.25 10,109.00 Cary Kalscheuer Page 5 6/11/2007 Refuse Rate Survey - Monthly Residential Rates (Athens Cities) San Gabriel $25.50 n Temple City $25.00 `� _��- "°P :��vi x. �y � "Y -z, �a,`��.``w..�Sr° � $25.00 West Covina , y,' tG,ary^A31 ,_ .. $Z4.47 Azusa $23.2 Glendora .• }. $23.07 Covina $22. 9 Monterey Park r3t. �� � a � $20.44 West Hollywood � 5� f pFr $15.46 Monrovia «�, � '�„� z �:'�;v� �' $12.60 $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 Refuse Rate Survey - Monthly Commercial Rates (Athens Cities) Monterey Park Temple City West Covina n $16 3.42 San Gabriel Glendora r 9 ME% 137.91, Covina $130. 7 . Azusa $106.23 West Hollywood g '., 7:12. $0.00 $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 U }� - - CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGERZ Gh- DATE: JUNE 18, 2007 SUBJECT: ANNUAL NOVELL SOFTWARE MAINTENANCE AND SUPPORT RECOMMENDATION It is recommended that the City Council approve and award the Novell software maintenance and licensing agreement in the amount of $16,812.00 to CDW-G (Computer Discount Warehouse - Government). BACKROUND The City currently uses Novell products GroupWise, for e-mail, Netware as the operating system on some servers and ZENworks for remote desktop management, and GroupWise for e-mail. The city needs to retain software support from the vendor in order to limit any potential down time and for product enhancements to this software. 4 Novell assigns vendors per geographic area to supply maintenance, support and licensing for their products. This is called a Master License Agreement (MLA). This gives the City the option of purchasing from an MLA vendor or directly from Novell. Quotes from Novell and two other vendors were received with CDW-G (Computer Discount Warehouse - Government) offering the best pricing. Vendor Total w/Tax Novell $17,050.00 Gov-Connection $20,266.52 CDW-G $16,811.23 FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget FY 2607 in accounts 48499300006835, 48499420006835. `Yi ' Quotes Page I of 1 ' 800.581.4239 Quotes Recent Quotes_l Quote Details^I Quote # 'v To forward this quote, click "Send quote to an associate."To convert this quote to an order, click"Add to Cart." Quote Information I Send quote to an associate Quote #: GLS7246 Need Help? Status: OpenA Contact Quote Date: 5/31/2007 Vanessa Seidel Phone: (866) 339-3647 Contact: ANN GRAF-GAYNOR Fax: (312) 705-8253 Description: NOVEL1 QUOTE E-Mall quote to Vanessa Billed From Address Billing Address COW Government Inc. ANN GRAF 230 N. Milwaukee Ave ANN GRAF Vernon Hills, IL 60061 - ATTN: CITY OF AZUSA 213 E FOOTHILL BLVD AZUSA , CA 91702-2514 (800) 594-4239 (626) 812-5024 Shipping Address Payment Method CIT OF AZUSA Select payment method during checkout. ATTN: ANN GRAF 213 E FOOTHILL BLVD Shipping Method AZUSA, CA 91702-2514 Drop Ship Ground Product Contract CDW Mfg Part# Qty Price Ext. Price ZENworks Desktop Management- ( v. 7 1 - Market 942905 877-000204 300 $6.40 $2,520.00 maintenance ovell Open Enterprise Server - Market 971718 877-000157 300 $19.70 $5,910.00 maintenance Grou Wlse Mobile Server Powered by Market 1015331 877-001310 300 $16.25 $4,875.00 Intellisvnc - ( v. 7 ) - maintenance ZENworks Patch Management for Windows Market 1005389 873-006948 250 $B.90 $2,225.00 - su s ri tlon license Sub-Total $15,530.00 *US Tax: $1,281.23 Shipping: $0.00 Grand Total $16,811.23 *Tax may change If this quote is amended by your account manager. httDS://www.cdwg,com/shol)/quotes/QuoteDetails.aspx?qn=GLS7246&printable=l 6/4/2007 J i � 0 0 0 0 mr C NIOD E 0 T L.O p ZM N t° m vim u um � t c 3 3 N N o f11 O � p O pV—. Nm m O O m m V m ° � ILU 6m V_COO L } IcyL > Z D 6 @ '—` C l0 Q. [O f0 I9 N (O 9 a ` c to w ai zy m - o o «2 m_ cDu o J m o w u _ n 3'vi m a 9 v In o N o N D L_• iD ¢ O 9— m mN N v Zm W WVmpE m rn z = um5 m cd cmvm av a ; o > > ° ink w of mmE " aE.2 �a w m L o m A E �m n mSm a mT Ju NN Ixo v c h �9 cm iV 9i m EC aa2Ji G o o a om 02 m E eZLa V O > 0 m 0, 30 p N NO m C y c tmN7 C " N c c y C uy cp+ c c� 12r mmaErn pL JN O c }s + bTa h5a n9u Ta 0 0 0 0 0 N `$O y 3:E o 0 0 0 0 m m m m m 0 c u m c 9 a c n m N c 2 1O Z Y Y to a 7 Y uJ m ❑ `r m .- m `m ¢ O m u N U m N ¢ J O W m � � ❑ U) O o J NN_N ! E S c c m N r N Q O D O Q O A LL 0 W(a)CM 0 LL m A m m N � N a WfA V, Qao `3 - o In m T J L N N " '[ m C 6 0 .V. C n Z p O N Q. IO :a 0 W o m m i z @ is T m `m n w p N m z o 3 ' u 3 m 0 3 co`v ® c C E c o z m o w = w v N ` K Q g dr Z K c N �i K' f 16 k0 ( % a. m 00 _ « � § 0 0'5 k \2 § {/Bk f$ E / 5 kva § \/ Jf EL { F. { UCy m I ! L acr \ § $co \ of of / p 0 [ § ! L) • � Iz e \ \ \ § � \ \ \ � \ \ � � 2 § u | « ) ] ) \ ( E \ � {\ / J kk dr) ( w WZ /- 2@ ) % ) E ! b § . E ] oW \ ! § f , J � Ga � , i ! < t _ IL § 2mE § a ¥ � q f ) § \ ) \ ) < . IL / ( ) b : 0 Q ) 2 R dm ; ] > §\ . \ \ \ / \\ k § /( E ) a , © ! 0432 a. # * 3M kk$) M0 ) i §) 7 m MOO AL 00 < § Qa. k i J pPr.g2 U N f cp�iFoar�P CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH CITY MANAG DATE: JUNE 18, 2007 SUBJECT: SIRSI LIBRARY COMPUTER SOFTWARE ANNUAL MAINTENANCE 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, no competitive market, which allows for proprietary services that can only be provided by one source. 2. It is recommended that the City Council approve the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $22,805.00. BACKROUND The Library currently uses SIRSI software to maintain bibliographic and inventory control, circulation, demographic reporting and a web interface to the catalog on the Intranet. The city needs to retain software support from the vendor in order to limit any potential down time and for periodic product enhancements to the software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget for fiscal year 2008, 48499300006415. uote :QS2111001947 aSal@S<�rOp11�`' bate p 4/30/2007 y , 11 Washington St. SE untsville, AL 35801-4827 Bill To: Ship To: Azusa City Library Azusa City Library 213 E., Foothill Blvd, 213 E. Foothill Blvd Attn: Ann Graf Gaynor Attn:Ann Graf Gaynor Azusa CA 91702 Azusa CA 91702 _ -" Re ShiDate Mas[erNo.' purchase Order No. - Customer ID - Quote Prepared by. - Pa meet-Terms PAM LAPIER Net 30 0/0/0000 43.855 WN GRAF GAYNOR 626-812-5232 - luantd ItemNumber Descn tion �- -:-UOM Discount Umt Pnce EMcPrice 1.000 MNT-SWM-PU Annual Software maintenance' Each $0.00 $22.804.95 $22.60495 Effective Period: July 1,2007-June 30,2008 Tax Analysis: Taxable Amt Tax Amount California Non Taxable $22,804.95 $0.00 I Subtotal `I— $22804.95 If you need assistance with your renewal,Please Misc $0.00 contact Pam LaPier,Sr.Maintenance Coordinator Tax $0.00 256.704.7000 ext7519 fax 256-704-7089 Prei ht- $0.00 e-mail:pain lapier@sirsidynix.com Trade Discount $0.00 tn $22604.95 v ��rtrocS'` CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: ALAN ICREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR-CFO VIA: F. M. DELACH, CITY MANAGER DATE: JUNE 18, 2007 SUBJECT: APPROPRIATIONS LIMIT RECOMMENDATION It is recommended that City Council approve the attached resolution adopting the Appropriations Limit of $41 ,766,817 for the 2007/08 fiscal year. BACKGROUND The Appropriations Limit is a state-mandated calculation which is required to be approved by the City Council by July I" for the new fiscal year. The Appropriations Limit sets the annual cap for spending tax proceeds. Based on calculations attached to the Resolution, the City is under the cap for FY2007/08 by $15,466,079. FISCAL IMPACT This resolution sets the FY2007/08 Appropriations Limit at $41 ,766,817. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2007-08 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, in June of 1990, the voters of the State of California enacted Proposition 1 1 1 , "The Traffic Congestion Relief and Spending Limitation Act of 1990"; and WHEREAS, this Act amended Article XIIIB of the Constitution of the State of California regarding spending limitations of cities; and WHEREAS,Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City, shall not exceed the appropriation limit of such entity of government for the prior year, adjusted for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIIIB and implementing State Statutes; and WHEREAS, pursuant to said Article X11113 of said California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and WHEREAS, the Director of Administrative Services/CFO of the City of Azusa has caused a technical review to be made of the documentation for the City's said appropriation limitation, and has caused the numbers upon which the City's appropriation limit is based to be researched and said limit to be calculated; and WHEREAS, based on such calculations,as described in the attached documentation as Exhibit A and B, the Acting Finance Director has determined the said appropriation limit and, pursuant to Section 7910 of the said California Government Code, has made available to the public the documentation used in the determination of said appropriation limit; and WHEREAS, the City Council elects to utilize said calculations, which are attached for reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa, California, that said appropriation limit for Fiscal Year 2007-08 shall be adopted in the amount of$41,766,817 for said Fiscal Year. PASSED AND ADOPTED this 18th day of June, 2007. MAYOR 1 HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 18h day of June, 2007. AYES COUNCIL MEMBERS: NOES COUNCIL MEMBERS: ABSTAIN : COUNCIL MEMBERS: ABSENT : COUNCIL MEMBERS: CITY CLERK EXHIBIT A ANNUAL APPROPRIATIONS LIMIT CALCULATION FOR FISCAL YEAR 2007/08 Inflation Factor selected higher of the following): Growth in the 14.42% State 1.0442 Factor California per Department of CE pita personal Finance income Growth in the 6.00°/o HdL Coren& 1.0600 Factor Selected for non-residential Cone Calculation assessed valuation due to new construction within the City Population Factor selected higher of the following): City 0.57% State 1.0057 Factor Department of Finance County 0.72% State 1.0072 Factor Selected for Department of Calculation Finance Annual Limits Calculation: Appropriations Limit for FY 2006/07: $39,121,060 Adjustment factors for Fiscal Year 2007/08: Inflation Factor(A) Population Factor(B) 1.0600 1.0072 Combined Factor(A times B) 1.06763 X .06763 Adjustment for inflation and population: $ 2,645,757 Appropriations Limit for Fiscal Year 2007/08: $41,766,817 EXHIBIT B APPROPRIATIONS SUBJECT TO THE ANNUAL LIMIT FOR FISCAL YEAR 2007/08 A. PROCEEDS OF TAXES Property Tax $ 7,961,982 Non-Property Tax 14,921,046 Licenses and Permits 2,034,600 Intergovernmental Revenues 350,000 TOTAL PROCEEDS OF TAXES $25,267,628 B. EXCLUSION 0 C. NET INVESTED PROCEEDS OF TAXES $25,267,628 D. INTEREST ALLOCATION 1,053,110 E. APPROPRIATIONS SUBJECT TO LIMIT $26,320,738 F. APPROPRIATIONS LIMIT FOR FY 2007/08 (EXHIBIT A) 41.766.817 G. FY 2007/08 APPROPRIATIONS OVER(UNDER)LIMIT ($15,446,079) Q:\GannLimit\2007-08Gao-Limit-Info - O -C'gLJfpR�' CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: VERA MENDOZA, CITY CLERK VIA: F.M. DELACH, CITY MANAGER DATE: JUNE 18, 2007 RE: APPOINTMENTS TO CITY BOARDS AND COMMISSIONS RECOMMENDATION It is recommended that the City Council adopt resolutions appointing members to the City Boards and Commissions. BACKGROUND The City of Azusa has seven City Board and Commissions who act as advisory to the City Council in the areas of Architectural Barriers, Cultural and Historic, Human Relations, Library issues, Park &Recreations issues, Personnel matters and Planning Commission. Each year Council holds interviews for the various positions that expire on September Wh. Due to the number of vacancies which have occurred during the past few months there was a need to receive applications and conduct interviews for the existing vacancies. The attached resolutions appoint members to various Commissions. FISCAL IMPACT: Stipend of $25.00 per meeting, not to exceed $50.00. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING LALISA C. MORGAN TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. LALISA C. MORGAN having been appointed to the Human Relations Commission by the City Council, said appointment is hereby approved and LALISA MORGAN is appointed to the Human Relations Commission for the term expiring September 30, 2008. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to LALISA C. MORGAN. ADOPTED AND APPROVED this 18' day of June, 2007. JOSEPH R. ROCHA, 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 18'day of June, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA, CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING NAPHA PHYAKUL QUACH TO THE HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . NAPHA PHYAKUL QUACH having been appointed to the Human Relations Commission by the City Council, said appointment is hereby approved and NAPHA PHYAKUL QUACH is appointed to the Human Relations Commission for the term expiring September 30, 2007. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to NAPHA PHYAKUL QUACH. ADOPTED AND APPROVED this 18`" day of June, 2007. JOSEPH R. ROCHA, 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 18" day of June, 2007, by the following vote of the Council: AYES: COUNCILIIEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA, CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF AZUSA APPOINTING VICTORIA CRUZ TO THE LIBRARY COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. VICTORIA CRUZ :having been appointed to the Library Commission by the City Council, said appointment is hereby approved and VICTORIA CRUZ is appointed to the Library Commission for the term expiring September 30, 2008. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to VICTORIA CRUZ. ADOPTED AND APPROVED this 18`h day of June, 2007. JOSEPH R. ROCHA, 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 18`h day of June, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA, CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING SANDRA RENTSCHLER TO THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SANDRA RENTSCHLER having been appointed to the Planning Commission by the City Council, to become effective following the adoption of the Development Code by the Planning Commission, said appointment is hereby approved and SANDRA RENTSCHLER is appointed to the Planning Commission for the term expiring September 30, 2009. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to SANDRA RENTSCHLER. ADOPTED AND APPROVED this 18!' day of June, 2007. JOSEPH R. ROCHA, 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 I&h day of June, 2007, to become effective following the adoption of the Development Code by the Planning Commission, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA, CITY CLERK RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JORGE V. ROSALES TO THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . JORGE V. ROSALES having been appointed to the Planning Commission by the City Council, to become effective following the adoption of the Development Code by the Planning Commission, said appointment is hereby approved and JORGE V. ROSALES is appointed to the Planning Commission for the term expiring September 30, 2010. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall transmit a certified copy thereof to JORGE V. ROSALES. ADOPTED AND APPROVED this 18' day of June, 2007. JOSEPH R. ROCHA, 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 18'day of June, 2007, to become effective following the adoption of the Development Code by the Planning Commission, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA, CITY CLERK CONSENT AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUCE A. COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR JAMES W. MAKSHANOFF, PUBLIC WORKS DIRECTOR s VIA: F. M. DELACH, CITY MANAGER �J✓ DATE: JUNE 18, 2007 SUBJECT: INTENTION TO VACATE NORTHERN PORTION OF ALLEY LOCATED ON BLOCK 36 BETWEEN FOOTHILL BOULEVARD AND 6T" STREET RECOMMENDATION It is recommended that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF THE ALLEY WEST OF ALAMEDA AVENUE BETWEEN FOOTHILL BOULEVARD AND 6T" STREET IN THE CITY OF AZUSA" BACKGROUND On February 6, 2006, the Agency Board approved an Exclusive Negotiation Agreement (ENA) between the Redevelopment Agency of the City of Azusa ("Agency") and Lowe Enterprises Real Estate Group-West, Inc. ("Developer") for the development of Block 36 (the "Project"). The Project site is approximately 2.85 acres and is generally bounded by Azusa Avenue on the west, Foothill Boulevard on the north, Alameda on the east and 6"' Street on the south (the "Site"). On January 16, 2007, the Agency held a joint public hearing and approved entering into a Disposition and Development Agreement ("DDA")with the Developer for the development of the site as a quality mixed- use project consistent with the General Plan and Development Code. Under the approved DDA the portion of the alley that is proposed to be vacated was part of the Site to be conveyed to the Developer. On February 20, 2007 the Agency Board awarded the demolition and abatement contracts to Interior Demolition Inc. The demolition includes the removal of the asphalt located within the alley that is proposed to be vacated. Staff has determined that the subject portion of the alley is not needed for public access or circulation purposes and utility easements could be accommodated elsewhere on the site. Therefore,staff proposes that this northerly portion of the alley be vacated. On June 6, 2007, Staff and the Developer met with the utility companies to discuss the proposed underground utilities plan for Block 36 and to discuss the timing for relocation/construction of the new utilities and for the establishment of the new utilities Honorable Mayor&Members of thLI'City Council Block 36 Intent to Vacate Alley lune 18;2007 . Page 2 of 2 easement for the site. It was determined that given the timing needed for the various utility companies to coordinate the work with the Developer that the proposed alley vacation will be conditioned on the completion and securing of the easement elsewhere on the site (See attached map). The attached Resolution of Intention provides for a public hearing on the matter on July 16, 2007, as required by Section 8322 of the California Streets and Highways Code. FISCAL IMPACT: There will be no fiscal impact to the City's general fund. Prepared by S. Benavides Attachments: Resolution of Intent Site Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF THE ALLEY WEST OF ALAMEDA AVENUE BETWEEN FOOTHILL BOULEVARD AND 6TH STREET IN THE CITY OF AZUSA WHEREAS, that portion of the alley west of Alameda Avenue between Foothill Boulevard and 6`h Street in the City of Azusa as described in Exhibit "A" attached hereto and made a part hereof, is unnecessary for present or prospective public street purposes; and WHEREAS, the public interests, necessity and convenience require the City Council to vacate and abandon said alley; and , WHEREAS, said alley, as above described, is shown on the map of the City of Azusa, at the office of the Community Development Department of said City, to which all parties interested are referred for particulars as to the proposed vacation and abandonment; and WHEREAS, the City Council elects to proceed in said vacation and abandonment under Section 8300 to 8324, inclusive of the Streets and Highway Code of the State of California, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY AZUSA DOES RESOLVE AS FOLLOWS: Section 1. That easements not be retained for utilities in the alley as described herein above. Section 2. That the City Clerk of the City of Azusa is directed to give and post as required by law a notice that the City Council passed this Resolution of Intention, and give therein the legal description of said alley proposed to be vacated and abandoned, and specify the time and place of the this Resolution of Intention, which is hereby fixed as follows: 20 foot wide alley between Azusa Avenue and Alameda Avenue from the south side line of Foothill Boulevard, 100 feet wide, to the southeast corner of Lot 19 and southwest corner of Lot 46 as shown on the map of Azusa as per map.recorded in Book 15, Pages 93 to 96, inclusive, of Miscellaneous Records, records of said county. The first alley west of Alameda Avenue between Foothill Boulevard and 6"' Street within the City of Azusa. The hearing to be before the City Council of the City of Azusa at 213 E. Foothill Boulevard in the City Council Chambers of the City of Azusa at the hour of 7:30 p.m. on July 16, 2007, at the which time and place all persons interested may appear and object, protest or provide support to the proposed vacation and abandonment of said alley. If the City Council finds from the evidence submitted that the alley is unnecessary for present or prospective use, it may make its order vacating all or part of said alley. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 18"' day of June, 2007. Mayor 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the 18`h day of June, 2007. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk C X11 �i� ALLEY VACATION EXHIBIT FOOTHILL BOULEVARD 190.0 N90'p 0' 0'00"E 200.00' N90'00'0-0 o P0 � N90'00'00"E 20.00' I N9 00' 0"E 1 An.00 N9 00' O"E 1 00' o 0 0 50' 0 40' o ,ui r R°: o I W 0 O v N O Os OQ r i0 N .. d.'V ,P +' coo W I� - r r r; a%j t J W O J Q J N J i 9 f LOT 50 Ar 0 UJ LOT 49 0, LO W Q 59 w I �g rr. N b b LOT 48 w J L.Q1'1 17 I LQ f 18 z z LOT 47 w `00 Q w o 1490 p0'00"E 20.00' o b 0 CDLOT 19 LOT 46 c 0 o Z z z 0 C Pp 50, N00'00'00"E N00'00'00"E 40' 325.00' 325.00' N90.00'00"E 140.00' 01 1491700'00"E 140.00' I c N90'00'00"E 20.00' br, M N90'00b0"E 200.05 N90 00'00"E + 190.00'STH STREET AREA TO BE VACATED W.O. 06-419 PREPARED BY: WESTCON ENGINEERING,INC. LAND p,.nNNRxO tNCINURMC ONO'URVEYINC .......nNCmunL.,- PIw:"M T]] Scale 1" = 60' DATED: 04-19-' rr000tnno s,cn,•+pnx mono-04M Y0¢E M1IM114•Mnn hAE '•. E-rnMp InfMMxlm^^^p.mm Exhibit "A" ALLEY VACATION EXHIBIT FOOTHILL BOULEVARD N80'00'00"E 180.00N850700'E 200.07 N80'0D'00'E 2D.W -2 1 F- -Ngfw, t 1 00 1144 .00 I I 40' 8 $ SO' w � w z I > w I t > IQ ' IQ I 0 ILI N 8 I$ 81la ¢ Igo $ N90•DOoo 20.00' I N0�5.00' NWDWO E 50' 00 I NDO'00'90"E 140.00 i N80'00'OD'E 140.00' I N99'DO'00'E 20.00' A N80'OD'00"E 180.DOT N80.00�0G EE 260•DOT 6TH STREET ® AREA TO 0£ VACATED W.O. D6-418 PREPARED BY; WES(CON ENGINUIUNG.INC 1.\MII\.\.41M IFM1\'1\14111A\114-M.1'K x•14'.':i:.�'. •�I11111bylll\IJ.IIIM1:\Ill\NI\lll iK:: ilarnonw,tilnn _ I mo FOOTHILL BLVD Site Map O O, u� eo 20 20 20 - 20 looIt f E >D D N® _ Cfl N W f Cfl D Jw G O K D A W NN = O 0 m v N N 'P Cu N _ .rn " D Q1 u o° D 20 20 2° _•o _ en v lao ro A 60 gi Ian N 0 N N /40 H O T lAD N � A w N 0 o C w N a I D N a (Q N W ® 1 A N A O ID 6 N W N x N Q> rn N IrCo N o J W ID a O N oO po N O D o r=1 fT7 N O W N o Co BO IdoN N 2° 60.09. /op loo - m n — O 6TH S"r O ^ N Q m=maN �T cT^N Alley Proposed to be vacated Proposed Alternative Utility easement and access i u ;vN rEHM��R^,n - rt o•ooe ow. V i oti e�`pV< ' ; n u��•oc'T�mq V � "M�°nMhw R'w���l�Wo Wgq"m e� NOS W: N0 °N a,�mNm N NVua:m� U � 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: June 18, 2007 SUBJECT: AUTHORIZATION TO SOLICIT A REQUEST FOR QUALIFICATIONS — LEGISLATIVE LIAISON/LOBBYIST RECOMMENDATION It is recommended that the City Council authorize staff to solicit a Request for Qualifications for Legislative Liaison/Lobbyist BACKGROUND Over the past few months the City Council has stated to staff that transportation related issues are a concern. The City due to its location along Interstate 210, Route 66 and Highway 39 is in a position to maximize its exposure to its residents and surrounding communities. It is for this reason that staff is interested in hiring a legislative liaison/lobbyist to obtain assistance in forwarding the City's interests. Issues facing the City include, but are not limited to the following: • 1210 on/off Ramp maintenance • Downtown Parking Structure • 1 210 Freeway Sign • Highway 39 rebuild Staff is asking the City Council to authorize a Request for Qualification process that would allow staff to select'a qualified legislative liaison/lobbyist. • This liaison should have a proven track record in Federal and State lobbying efforts. This means being able show that they have secured funding for projects. • The lobbyist should also be able to show that they have assisted cities in gathering support for transportation projects from other governmental offices. • The lobbyist should also have a track record in securing grants for transportation related projects Services provided will assist Azusa in maximizing relationships with local, regional &state agencies. Such partnerships will better enable the City to address issues such as maintenance of freeway over/underpass(s) and off/on ramps, etc. a At the City's discretion lobbyist may make direct representation of the City's interest and arrange meetings between City officials,, legislators and other governmental offices. As a supplemental service, contracted liaison will provide grant writing services. Grant writing services are typically utilized to assist with preparation of proposals since there is insufficient staff available to adequately research each project and develop well thought-out, in-depth responses to complex grant proposal questions for each project. After receiving qualifications from interested lobbyists staff will then select one and bring to the City Council for approval the firm/individual chosen by staff to assist the City. FISCAL IMPACT This contract will be paid for with Proposition C funds in an amount not to exceed $35,000. Attachments: Request for Qualifications-Legisladve Liaison//Lobbyist Prepared by Israel Del Toro, Management Analyst-PW CITY OF AZUSA REQUEST FOR QUALIFICATIONS Responses and all related materials must be received by noon on Thursday, July 2, 2007. Either email or hard copy submission is acceptable. The subject line and/or envelope should be clearly marked as "Response to Legislative/Liaison Lobbyist RFQ" and submitted to: City of Azusa ATTN: James Makshanoff 213 E. Foothill Blvd. Azusa, CA 91702 Phone: (626) 812-5261 Fax: (626) 334-0410 Email:jmakshanoffgci.azusa.ca.us "REQUEST FOR QUALIFICATIONS —LEGISLATIVE LIAISON/LOBBYIST All proposals must clearly identify the bidder's name, and address. REQUEST FOR QUALIFICATIONS FOR LEGISLATIVE/LIAISON SERVICES FOR THE CITY OF AZUSA A. INTRODUCTION The City of Azusa is soliciting Request for Qualifications (RFQ) from qualified firms to provide Contract Legislative Liaison/Lobbying Services... Azusa, California is 9.1 square mile older suburban community undergoing exciting renewal. Azusa is a city of nearly 50,000 residents and home to Azusa Pacific University and nearby Citrus College, Azusa has both historic and new neighborhoods, with over 1200 new homes under construction or soon to break ground. B. GENERAL TERMS AND CONDITIONS Accompanying this RFQ is Appendix A, which contains a copy of the standard City contract the selected consultant will be required to sign for this project. Each prospective consultant is expected to review the general terms and conditions and acknowledge their acceptance of Appendix A in the Proposal Cover letter, or list their objections and requested revisions in the contract requirements for City's consideration. C. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION REQUIREMENT The City of Azusa is committed to fulfilling the spirit and intent of the Disadvantaged Business Enterprise (DBE) Program regulations published under Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in' Department of Transportation Programs. It is the policy of the City of Azusa to ensure that disadvantaged business enterprises have equitable access to participate in all federally funded projects. Further, it is the policy of the City of Azusa to promote equal opportunity and nondiscrimination on the basis of race, color, sex, or national origin in the award and/or performance of any federally funded, or in the administration of its DBE program or the requirements of 49 CFR Part 26. While the City is not requiring a specific DBE participation on this contract, DBE participation may be required in future CIP contracts, which are federally funded. D. REQUIRED FORMAT FOR PROPOSAL SUBMITTAL EXECUTIVE SUMMARY • Overview of the firm: how long has the firm been in business, size of the firm, the average number of clients within the firms' portfolio, the type(s) of clients within the firm's portfolio and Page 2 any commonalities that exist among clients. • Firm's primary areas(s) of expertise. • Firm's success rate or return on investment for clients and/or general accomplishments. • Firm's ability to enter into a contract with Azusa and commence work on the legislative platform. • Identification, background and contact information of lead person(s) that will serve as Azusa's primary contact. • Fee for service: Provide fee for one year of contract. Indicate monthly retainer and estimated travel expenses. If fee is "all inclusive", please indicate if the fee includes travel to Azusa and for how many visits. Please note if the fee includes Azusa's entire legislative platform or limits services to only a few projects or issues (if so, which projects and issues). QUALIFICATIONS • Describe the firm's experience in representing governmental entities and/or communities as well as representing clients that have other similarities to Azusa. • Describe the firm's understanding of Azusa's priorities. Please select I of the 4 listed priorities below and describe your firm's approach to lobbying for such project. 1) 12 10 on/off Ramp Maintenance 2) Downtown Parking Structure—Gold Line Metro 3) 1210 Freeway Sign 4)Highway 39 Rebuild • Describe the qualifications of the lead person(s) that will serve as the primary contact for Azusa. Qualifications should illustrate general expertise in advocacy/lobbying as well as specific experience in working with clients and issues similar to those of Azusa. CLIENT LIST AND THREE REFERENCES (I page max) • Please provide a sample of current clients and contact information for three references. E. CONSULTANT SELECTION METHODOLOGY The City will select the most qualified consultant for contract negotiation. Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the selected consultant, the City will enter into negotiations with the next highest qualified bidder and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified bidder in sequence until an agreement is reached. Page 3 The submittals will be evaluated based upon several factors. These factors include the format, organization, and presentation, the qualification and experience of the project staff, and the experience in the processes and procedures of the involved regulations. F. QUESTIONS REGARDING THIS REQUEST All inquiries and responses to this proposal must be submitted to: James Makshanoff, Director of Public Works G. PROPOSAL SUBMITTAL PROTOCOL Responses and all related materials must be received by noon on Thursday, July 2, 2007. Either email or hard copy submission is acceptable. The subject line and/or envelope should be clearly marked as "Response to Legislative/Liaison Lobbyist RFQ" and submitted to: City of Azusa ATTN: James Makshanoff 213 E. Foothill Blvd. Azusa, CA 91702 Phone: (626) 812-5261 Fax: (626) 334-0410 Email: imakshanoff@ci.azusa.ca.us H. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ/RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any selected consultant. Each bidder shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this Request for Proposals. Pre- contractual expenses are defined as expenses incurred by bidders and the selected consultant, if any, in: • Preparing and submitting information in response to this Request for Qualifications. • Negotiations with the City on any matter related to this procurement. • Costs associated with interviews, meetings, travel or presentations • All other expenses incurred by a bidder/consultant prior to the date of award and a formal notice to proceed. Page 4 The City reserves the right to amend, withdraw and cancel this request. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. Page 5 r C,Y[IFOR�y�T CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER1V)% DATE: June 18, 2007 SUBJECT: AGREEMENT RENEWAL WITH LA WORKS FOR FY 2007/08 RECOMMENDATION It is recommended that the City Council approve and authorize the City Manager to execute the attached agreement with LA Works for Fiscal Year 2007/08 in an amount not to exceed $28,929. BACKGROUND The City of Azusa has maintained a Beautification Program with LA Works for 26 years. The program has benefited the City of Azusa by providing a supervisor and crew to perform various roadway related maintenance tasks including but not limited to the following; weed abatement in the City right-of-way, curb painting, alley clean-up, etc. The City has realized outstanding results from this program. It enables our own City crews to concentrate on skilled labor tasks (concrete curb and gutter repairs, asphalt patching, etc) while other less skilled but necessary maintenance tasks are performed by LA Works. Due to budget issues with LA Works; for the first time LA Works is asking that Azusa and Glendora share the Community Beautification crew. Glendora has not yet formally executed an agreement; however Glendora's Director of Public Works did communicate his intention of doing so shortly. This agreement will provide for a work crew composed of (1) skilled supervisor and trainees. The following is a cost/service comparison between the current and proposed fiscal year: FY 06/07 FY 07/08 Total Program Cost $175,263.43 * $162,473.20 WIA Offset ($117,405.12) ($118,095.00) Total Cost to the Cities $57,858.00 $44,378.00 Total Cost to each City 50% $28,929.00 Total Working Days of Service 95 190 * Increase in cost reflects vehicle expenditure FISCAL IMPACT The funds to cover the cost of this agreement are budgeted in the Public Works-Roadway Streets Maintenance Operating Budget. Prepared by Israel Del Toro, Management Analyst - PW LA WORKS COMMUNITY BEAUTIFICATION PROGRAM AGREEMENT On this 18`h day of June, 2007, East San Gabriel Valley Consortium d.b.a. LA Works, 5200 Irwindale Ave., Irwindale, California, hereinafter referred to as "LA Works", and the City of Azusa,. 213 E. Foothill Blvd., Azusa, California, hereinafter referred to as "City" enter into this Agreement. Scope of Services The purpose of this program is to provide weed abatement, debris clean-up and public facility painting services to the City. City Responsibilities A. Contract with and fund LA works to perform the repair and maintenance activities described above. B. City shall pay LA Works for services rendered in twelve (12) monthly periodical payments, not to exceed$28,929. LA Works Responsibilities A. Provide the City with a crew composed of one skilled supervisor and WIA trainees. B. Perform work assignments as designated by the Public Work Director of the City of Azusa or his designee. C. The LA Works crew will not be assigned to the City of Azusa during the month of December. D. The LA Works Crew will provide a vehicle and incur operating (maintenance & gas) expenses. E. LA Works will procure and maintain for the duration of the agreement, and any amendments thereto, automobile liability insurance for the vehicle for injuries to persons or damages to property that may arise from LA works use of the vehicle. LA works shall maintain limits no less than one million dollars ($1,000,000) for bodily injury and property damages, combined single limit, per occurrence and aggregate. LA Works shall obtain endorsements to the policies providing the above insurance adding the following three provisions. 1. "The City and its elected and appointed boards, officers, agents and employees are additional insured with respect to the subject Agreement." 2. "Said policy shall not terminate, nor shall it be cancelled nor the coverage be reduced, until thirty days after written notice is given to the City of Azusa." 3. "Any other insurance maintained by the City of Azusa shall be excess and not contributing with the insurance provided by this policy." Independent Contractor LA Works and any employees of LA Works are acting as independent contractors and not as agents or employees of the City. LA Works and their employees shall not represent or otherwise hold themselves out of any of its directors, officers, partners, employees, or agents to be agents or employees of the City. LA Works and LA Works employees shall obtain no rights to retirement benefits or other benefits, including, but not limited to, medical, health, life or disability, which may accrue to City employees. Authority to Enter Agreement LA Works has all the requisite power and authority to conduct, execute, deliver and perform the services described in this Agreement. Each part warrants that the individuals who have signed this Agreement have legal power, right and authority to make this Agreement and bind each respective party. Term of Performance Said services of LA will commence on July 9, 2007.and shall be completed no later than June 30, 2008. LA Works shall provide 95 working days of service to the City. Service days include work completed by WIA Youth crews during the period of July 9, 2007 to June 30, 2008. In addition, LA Works shall credit the City with five (5) days of inclement weather (non- service) days during the contract year. LA Works reserves the right to count all other inclement weather (non-service) days occurring thereafter, as part of the 95 days of service. Compensation and Method of Payment For performance of such service, the City will pay LA Works an amount of money not exceeding $28,929 which payment shall constitute the full and complete compensation for LA Works' services under this Agreement. The City shall periodically draw a warrant on behalf of LA Works upon receipt of an itemized invoice conforming to the budget. Budget Community Beautification Services - $205.48 per day. Consists of 95 days of service plus the finance/insurance/maintenance cost of vehicle at $9,408 = $28,929. Program Evaluation and Review LA Works shall make available for inspection its performance, financial and all other records pertaining to the performance of this Agreement to authorized City personnel, and shall issue such financial and program reports as requested by the City. Termination Either party may terminate this agreement by giving written notice of at least thirty (30) days prior to the effective termination date. This agreement may be modified at any time by mutual consent, but such modification must be in written form and signed by the authorized representative of each. Indemnification LA Works shall indemnify, defend and hold harmless the City from any claim,judgment, liability, loss or expense, including attorney's fees, court costs and necessary or convenient disbursements, for any damage whatsoever, including but not limited to, death, bodily injury or damage to property, proximately resulting from or arising out of, any act or omission of LA Works, its officers, employees, agents or contractors in the performance of this Agreement. Mayor Date Authorized Representative City of Azusa Chief Executive.Officer Date Authorized Representative LA Works of U CITY OF AZUSA - MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JUNE 4,2007—11:15 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. . ON Director Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach,Assistant Executive Director Person,City Department Heads,Secretary Mendoza, Deputy Secretary Toscano. AGENCY SCHEDULED ITEMS Agency Sched PUBLIC HEARING — TO CONSIDER A PROPOSED LEASE Of CERTAIN REAL PROPERTY Pub Hrg LOCATED AT 805 N. DALTON AVENUE. Lease of Real Director of Economic Community Development Coleman addressed the Hearing stating that Prop at 805 N. this is consideration to execute a lease agreement with Mr. Lyle A. Moritz of Moritz Dalton Construction for the lease of 805 N.Dalton. He noted that the Agency Is assembling smaller B. Coleman parcels Into larger retail and mixed use properties and there was a purchase and sale Comments agreement an effort to square off parcels,escrow has closed and they have requested that the property be leased back to them until December 31, 2007;the lease amount Is for$1.00. He and Tierra West Consultant Jose Ometeotl responded to questions posed by Board Members regarding the location of the property,the status of it remaining in Azusa, another property the City purchased from Mr.Moritz,comparison of leases of other properties at the Ranch Center and fiscal impact. The Chairman declared the Hearing open. Secretary read the affidavit of proof of publication Hrg open of notice of said Hearing published in the Azusa Herald on May 17, and May 24, 2007. Mr.Art Morales addressed the Hearing questioning what would happen if the applicant did A. Morales not leave at the end of the year. Mr.Coleman responded stating that there is a holding over Comments provision in which the amount would increase to$10,000, $15,000 and $20,000 if they do not vacate the premises. Moved by Director Gonzales,seconded by Director Hanks and unanimously carried to close Hg closed the Public Hearing. Moved by Director Gonzales, seconded by Director Hanks and unanimously carried to Lease Agmt authorize the Executive Director to execute the lease agreement with Mr. Lyle A. Moritz of approved Moritz construction for the Agency acquired parcel located at 805 North Dalton commonly known as Los Angeles county Assessor's Parcel No.8608-027-009. 9 'The CONSENT CALENDAR consisting of Items F-1 through F-3 was approved by motion of Consent Cal. Director Carrillo,seconded by Director Gonzales and unanimously carried. Chairman Rocha Approved abstained from the minutes as he was not present at that meeting. I. Minutes of the regular meeting of May 17, 2007, were approved as written. Director Min approved Chairman Rocha abstained from the minutes as he was absent from that meeting. 2. The Agency Treasurers Report as of April 30, 2007,were received and filed. Treas Rpt 3. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res. 07-RI6 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: 11:30 P.M. SECRETARY NEXT RESOLUTION NO.07-R17 NEXT ORDINANCE NO.07-ROI 06/04/07 PAGE TWO < U s=ih�es.. CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: , June 18. 2007 SUBJECT: INVESTMENT POLICY FOR THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RECOMMENDATION The City Treasurer recommends that the City Council approve the attached resolution re-adopting the Investment Policy for the Redevelopment Agency of the City of Azusa. FISCAL IMPACT None BACKGROUND California Government Code Section 53646(a)(2) requires the Agency to adopt an Investment Policy every year. The Agency is also charged with changing the policy as necessary. The policy must be adopted or changed at a public meeting of the Council. The Council Members last adopted the Investment Policy on June 5, 2006. DISCUSSION In addition to the annual review of the Agency's Investment Policy, Government Code Section 53607 requires the Agency to reconfirm annually the delegation of investment authority to the City Treasurer. The Treasurer and the City Council are "fiduciaries" subject to the prudent investor standard. The Investment Policy is the outline from which the Treasurer operates to ensure that investments are safe, liquid and achieving returns. RESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE INVESTMENT POLICY WHEREAS, the Redevelopment Agency of the City of Azusa receives taxes and other revenues from a variety of sources and uses the funds to pay its bills on a regular basis; and WHEREAS, the Agency Treasurer is charged with the duties of handling and maintaining the cash that is taken in or otherwise received by the Agency; and WHEREAS, the balance of these funds fluctuates between $3,000,000 and $20,000,000 or more; and WHEREAS, per Government code Sections 53607 and 53600.5 the Agency Treasurer is charged with investing idle public funds on the basis of protecting the safety of the funds, ensuring the liquidity of the investments, and maximizing earnings in that order of importance and based on the "Prudent Investor Standards"; and WHEREAS, the State of California requires each City entity annually, including the Redevelopment Agency, to adopt an investment policy per Government Code Section 53646; and WHEREAS, the Board of Directors, with the aid of its staff has reviewed the Statement of Investment Policy and wishes to approve the same; NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Redevelopment Agency of the City of Azusa does hereby adopt its Investment Policy attached hereto marked Exhibit A and instructs the Agency Treasurer to be guided by it in carrying out the duties of his office for the benefit of the Redevelopment Agency. ADOPTED AND APPROVED this day of June 2007. CHAIRMAN I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the day of June 2007 by the following vote of Council: AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS ABSTAIN: CITY COUNCIL MEMBERS ABSENT: CITY COUNCIL MEMBERS CITY CLERK Redevelopment Agency, City of Azusa INVESTMENT POLICY 1. POLICY STATEMENT All funds of the City of Azusa Redevelopment Agency shall be invested in accordance with principles of sound treasury management and in accordance with the provisions of the California Government Code Sections 53600, et seq., (the Municipal Code),and guidelines established by the California Municipal Treasurer's Association, the California Society of Municipal Finance Officers, and this Investment Policy("Policy"). These funds are defined and detailed in the City's Comprehensive Annual Financial Report(CAFR)and includes any new funds created unless specifically excluded by the City Council. Specifically excluded funds are: Funds deposited with the State Public Employees' Retirement System; and Bond proceeds that are subject to covenants and restrictions as defined in the Bond's indenture or are administered under the direct control of the Bond Trustee. 2. INVESTMENT POLICY OBJECTIVES A. Overall Risk Profile The objectives of the City of Azusa Redevelopment Agency's Investment Program are, in order of priority: 1. Safeguard the principal of the funds; 2. Meet the liquidity needs of the City; and 3. Achieve a return of the funds. To achieve these objectives,the Agency shall consider the following when making an investment: 1. Safeguard the Principal of the Funds The Agency shall mitigate the risk to the principal of invested funds by limiting credit and interest rate risks. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Interest Rate Risk is the risk that the market value of the Agency's portfolio will fall due to an increase in general interest rates. a) Credit risk will be mitigated by: (i) Limiting investments to the safest types of securities; (ii) By pre-qualifying the financial institutions with which it will do business; and (iii) By diversifying the investment portfolio so that the potential failure of any one issue or backer will not place an undue financial burden on the Agency. b) Interest rate risk will be mitigated by: (i) Structuring the Agency's portfolio so that securities mature to meet the Agency's cash requirements for ongoing obligations, thereby avoiding the possible need to sell securities on the open market at a loss prior to their maturity to meet those requirements;and (ii) Investing primarily in shorter-term securities. 2. Meet the Liquidity Needs of the City The Agency's investment portfolio shall be structured in a manner that emphasizes that securities mature at the same time as cash is needed to meet anticipated demands(Static Liquidity). Additionally,since all possible cash demands cannot be anticipated,the portfolio should consist of securities with active secondary markets(Dynamic Liquidity). The maximum percentage of different investment instruments and maturities is described in Section lI of this Policy. 3. Achieve a Return on the Funds Yield on the Agency's investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent for the Agency to sell a security prior to maturity to either meet unanticipated cash needs or to restructure the aoxvnwrs uo sm.,xsww.naroxwr oocxnrtmrvxhsenrxr wucrvx.anwrroucv-rs�eenwew.rcwcr. w .m+u.wc portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates. B. Basic Investment Strategy The Agency's investment portfolio shall be structured to provide that sufficient funds from investments are available each month to meet the Agency's anticipated cash needs. Subject to the objectives stated above, the choice in investment instruments and maturities shall be based upon an analysis of future anticipated cash needs, existing and anticipated revenues, interest rate trends and specific market opportunities. No investment may have a maturity of more than five(5)years from its date of purchase without receiving prior Council approval. After approval by the Council,reserve funds associated with bond issues may have a maturity of more than five(5) years, up to the earliest date the bonds may be redeemed or mature. 3. INVESTMENTS This section of the Investment Policy identifies the types of investments in which the Agency will invest its idle or surplus funds. A. Standard of Prudence The Agency operates its investment portfolio under the Prudent Investor Standard (California Government Code Section 53600.3)which states,in essence,that"when investing,reinvesting,purchasing,acquiring,exchanging,selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the Agency, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims,to safeguard the principal and maintain the liquidity needs of the Agency." This standard shall be applied in the context of managing the overall portfolio. Investment officers,acting in accordance with written procedures and this investment policy and exercising the above standard of diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. �,ar,�a.sµom�m�„um.,ww.oo�ws�cs,,,w.A��v�s,.m+,w�n-v�aoe�n„aexv.zm,.rmwooc B. Eligible Securities The Agency is provided a broad spectrum of eligible investments under California Government Code Section 53600, et seq. The Agency may choose to restrict its. permitted investments to a smaller list of securities that more closely fits the Agency's cash flow needs and requirements for liquidity. If a type of investment is added to California State Code 53600, it will not be added to the Agency's Authorized Investment List until this policy is amended and approved by the Council. If a type of investment permitted by the Agency should be removed from California State Code 53600, it will be deemed concurrently removed from the Agency's Authorized Investment List. The Agency's Authorized Investment List • Insured Certificates of Deposit (CD's) of California banks and/or savings and loan associations,and/or savings banks that mature in five years or less,provided that the Agency's investments shall not exceed One Hundred Thousand Dollars ($100,000)per institution. If the investment exceeds the insured $100,000, the funds are to be collateralized at 110% of the deposit in government securities or 150% in mortgages. • Local Agency Investment Fund (LAIF) Demand Deposits. • Securities of the U.S. Government, and securities of which the principal and interest is guaranteed by the full faith and credit of the U. S. Government. • Securities issued by agencies and instrumentalities of the U. S. Government or issued by a government sponsored enterprise. • Commercial Paper(limited to 30%of the portfolio)rated Al/P1 or the equivalent by two nationally recognized rating agencies with maturities not to exceed 181 days. • Medium-Term Corporate Notes (Limited to 20% of the portfolio)that are rated "AA"or better by two nationally recognized rating agencies. • Passbook Savings or Money Market Demand Deposits, subject to the restrictions and limitations set forth in Government Code Section 53638. • Repurchase Agreements (limited to 30% of the portfolio) with approved banks and broker-dealers who have completed and signed a Master Repurchase Agreement with the Agency. • Money Market Mutual Funds (with a stated objective of maintaining a $1 net asset value) that has.been rated AAAm by Moody's or any two nationally recognized rating agencies. Please see Exhibit A for a more detailed description of the authorized investments listed above. A thorough investigation of any pool or fund is required prior to investing and on a continual basis. The investigation will, at a minimum, obtain the following information: • A description of eligible investment securities, and a written statement of investment policies and objectives. • A description of interest calculations and how it is distributed,and how gains and losses are distributed. • A description of how securities are safeguarded (including the settlement process) and how often the securities are marked to market and how often an audit is conducted. • A description of who may invest in the program, how often, what size deposits and withdrawals are permitted. • A schedule for receiving statements and portfolio listings. • Does the pool/fund maintain a reserve or retain earnings or is all income after . expenses distributed to participants? • A fee schedule which also discloses when and how fees are assessed. • Is the pool or fund eligible for bond proceeds and/or will it accept such proceeds? The purpose of this investigation is to determine the suitability of a pool or fund and evaluate the risk of placing funds with that pool or fund. One of the purposes of this Investment Policy is to define what investments are permitted. If a type of security is not specifically authorized by this policy, it is not a permitted investment. C. Oualification of Brokers, Dealers and Financial Institutions The Agency Treasurer or designees will establish and maintain a list of the financial institutions and broker/dealers authorized to provide investment and depository services to the Agency,will perform an annual review of the financial condition and registrations of the qualified bidders,and require annual audited financial statements to be on file for each approved company. The Agency shall annually send a copy of their current Investment Policy to all financial institutions and broker/dealers approved to do business with the Agency. Receipt of the Policy and Enabling CNIXIMP SN145ETSR�X.WILSOMM'[O[VMEURVM'6TMIXIIOYCYWVESlARN1All[Y.P¢Ml4MiN55GP'CY.)m).FlNM.W[ Resolution, including confirmation that it has been received and reviewed by the person(s) handling the Agency's account, shall be acknowledged in writing within thirty(30) days. All broker-dealers and financial institutions that desire to become qualified bidders for investment transactions must submit a"Broker-Dealer Application" and related documents relative to eligibility. This includes a current audited financial statement, proof of state registration,proof of NASD registration and a certification they have received and reviewed the Agency's Investment Policy and agree to comply with the provisions outlined in the Investment Policy. The Agency Treasurer or designees may establish any additional criteria they deem appropriate to evaluate and approve any financial services provider. The selection process for broker-dealers shall be open to both"primary dealers" and"secondary/regional dealers"that qualify under Securities and Exchange Commission Rule 15c3-1 (Uniform Net Capital Rule). The provider must have an office in California and the provider's representative must be experienced in institutional trading practices and familiar with the California Government Code as it relates to investments by an Agency. D. Collateralization Requirements Uninsured Time Deposits with banks and savings and loans shall be collateralized in the manner prescribed by state law for depositories accepting municipal investment funds. Repurchase Agreements shall be collateralized in accordance with terms specified in the Master Repurchase Agreement. The valuation of collateral securing a Repurchase Agreement will be verified weekly to ensure a minimum of 102%of the value of the transaction is held by the Agency's depository agent. E. Diversification The Agency will diversify its investments by security type and investment. With the exception of bond reserve funds, bond escrow funds, and any other specific funds approved by the Treasury Committee or the City Council, the Agency Treasurer or designee, and the Agency's Investment Committee will adopt a strategy that combines current market conditions with the Agency's cash needs to maintain the maximum degree of safety of principal and liquidity throughout market and budgetary cycles. This strategy will include diversification by investment type and maturity allocations and will be included in the regular quarterly reports to the Council. This strategy will be reviewed quarterly and can be changed accordingly. F. Confirmations Receipts for confirmation of purchase of authorized securities should include at a minimum the following information: trade date, settlement date,description of the security,par value,interest rate,price,yield to maturity,Agency's name,net amount due, and third party custodial information. G. GASB 3 The Governmental Accounting Standards Board(GASB) issued GASB #3 in April 1986, and the local entity's investments must be categorized into three levels of credit risk as follows: a) Securities that are insured or registered, or for which the securities are held by public units or its agent in the units; b) Securities that are uninsured and unregistered and are held by the broker's or dealer's trust department or agent in the unit's name; C) Securities that are uninsured and unregistered and are held by the broker or dealer, or by its trust department or agent, but not in the unit's name. The carrying amount and market value of all types of investments must be disclosed in total and for.each type of investment. Governmental Accounting Standards Board #3 exempts mutual funds and LAIF investments from the mandatory risk categorization. 4. SAFEKEEPING OF SECURITIES A. Safekeeping Agreement The Agency shall contract with a bank or banks for the safekeeping of securities that are owned by the Agency as a part of its investment portfolio or transferred to the Agency under the terms of a Repurchase Agreement. All securities owned by the Agency shall be held in safekeeping by a third party bank trust department acting as agent for the Agency under the terms of a custody agreement executed by the bank and the Agency. All securities will be received and delivered using standard delivery versus payment(DVP)procedures. The third party bank trustee agreement must comply with Section 53608 of the California Government Code. No outside broker/dealer or advisor may have access to Agency funds, accounts or investments, and any transfer of funds must be approved by the Agency Treasurer. B. Security Transfers The authorization to release Agency's securities or funds will be telephoned to the appropriate bank representative by a finance department member other than the person who initiated the transaction. A written confirmation outlining details for the transaction and confirming the telephoned instructions will be sent to the bank within five (5) working days. C. Verification of Security Securities transferred to the Agency as collateral securing time deposits or repurchase agreements that are being held in safekeeping for the Agency will be verified in writing and examined on a surprise basis during the year by the Agency's independent auditors as part of the Agency's annual independent audit. 5. STRUCTURE AND RESPONSIBILITY This section of the Policy defines the overall structure and areas of responsibility within the investment management program. A. Responsibilities of the Agency Treasurer The Agency Treasurer is charged with responsibility for maintaining custody of all public funds and securities belonging to or under the control of the Agency, and for the deposit and investment of those funds in accordance with principles of sound treasury management applicable laws, ordinances, and this Investment Policy. This includes establishing written procedures for the operation of the investment program consistent with this policy. The procedures should include reference to safekeeping, master repurchase agreements,wire transfer agreements,banking services contracts and depository agreements. Such procedures shall also include explicit delegation of authority to persons responsible for investment transactions. No person may engage in any investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer and approved by the Investment Committee. Investment decisions that involve borrowing in the amount of$100,000 or more must be included as a separate discussion item on the Council's agenda. Such items can no longer be included on the Council's consent calendar. (Government Code Section 53635.7) B. Responsibilities of the Director of Finance The Director of Finance is responsible for keeping the Council fully advised as to the financial condition of the Agency. " <0XV4ENR.WDSEii1L`�WNN11LiD`MIYLONMIXflMN6IUFM PoLICWWFEIYIMWIFY.N➢EviID.I.IkN1/.GP'CV-bpl.iM..LLM C. Responsibilities of the Board of Directors The City Council shall consider and adopt a written Investment Policy. As provided in that policy, the Council shall receive, review and accept monthly investment reports. D. Responsibilities of the Investment Committee There shall be an Investment Committee consisting of the Director of Finance, the City Manager, and Agency Treasurer and their designees. The Committee shall meet quarterly to discuss cash flow requirements, the monthly investment reports, investment strategies,investment and banking procedures and significant investment related work projects being undertaken in each department that will affect the cash flow management of the Agency Treasurer. This will require timely reports from the department heads to the Agency Treasurer concerning significant future cash flow requirements. The Committee's meetings will be summarized in minutes that are distributed to the City Council. The Investment Committee,with the approval of the Council, may retain an external investment manager on behalf of the Agency. The investment manager will be required to act in accordance with this investment policy. E. Ethics and Conflicts of Interest All Agency officers and employees involved'in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Those employees and investment officials shall disclose to the appropriate City executive(City Manager,City Attorney,or the Director of Finance)any material financial interest in financial institutions that conduct business within the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the Agency's investments. 6. REPORTING The Agency Treasurer shall prepare a monthly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the past month. This management summary shall be prepared in a manner that will allow the Director of Finance and the Council to ascertain whether investment activities during the reporting period have deviated from the Agency's Investment Policy. The monthly report shall include the following: C�S• SrrIIN�UJNMFNiluM2RM IOYCYJNv6TMFM UM-S6EVE19PME P'[Y-MT-MNLL • A list of individual securities held at the end of the reporting month. • Unrealized gain or loss resulting from amortization or accretion of principal versus market value changes by listing the cost and market value of securities owned by the Agency. • A description of the current investment strategy and the assumptions upon which it is based. • Dollar weighted yield to maturity of the Agency's investments. • Maturity schedule by type of each of the Agency's investments. • Statement as to compliance of the Agency's Investment Policy with Government Code Section 53601 et seq. • Statement as to ability to meet expenditure requirements for next six months. • Market value,book value, par value and cost basis of all investments. • Investments"under the management of contracted parties,including lending programs"(i.e. investments held by deferred compensation administrators). j 7. PERFORMANCE STANDARDS The investment portfolio will be managed in accordance with the standards established within this Investment Policy and should obtain a market rate of return throughout budgetary and economic cycles. The Investment Committee will establish and periodically review the Agency's portfolio benchmarks and performance. A benchmark will be selected that compares with the portfolio composition, structure and investment strategy at that time. 8. REVIEW OF INVESTMENT POLICY A. Policy Review This investment policy shall be reviewed annually by the City Council in accordance with State law to ensure its consistency with respect to the overall objectives of safety, liquidity and yield. Proposed amendments to the policy shall be prepared by the Treasurer and reviewed by the Investment Committee and City Attorney and then be forwarded to the Council for consideration. The Investment Committee shall annually review the Investment Policy and any proposed amendments and forward to the Council for its consideration and adoption at a public meeting. CCONNFMSNDSfiI��111.WILTONM'D]CNAffMiNNF_if1.W'I gYnNNVESIMfMNIJCY.AFIMVOM'A2Ni/iOP'CY.IM).i1NLLDJL B. Internal Control and Review The external auditors shall annually review the investments and general activities associated with the investment program to ensure compliance with this Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the activities that are selected for testing. 9. ADOPTION OF POLICY This Policy was duly adopted by the City Council of the City of Azusa on June 18, 2007. eracmn .wourrrycy�wuu�roNwr mcv.enmx�rvsxr ioummnarvwewuc7.rem�owwr.crncv.mm.nxwooc ' EXHIBIT A EXHIBIT A DESCRIPTION OF INVESTMENTS T'ne Redevelopment Agency's investments may be placed in those securities as outlined below; the allocation between the various investment instruments may change in order to give the Agency the best combination of safety,liquidity and higher yield. Surplus funds of local agencies may only be invested in certain eligible securities. The Agency limits its investments to allowable securities under-the State of California statutes (Government Code Section 53601,et. seq., Section 53356,et. seq., and Section 53595, et. seq.) and is further limited to those listed below. Certificates of Deposit Certificates of deposit allow the Agency to select the exact amount and day of maturity as well as the exact depository. Certificates of deposit are issued in any amount for periods of time as short as fourteen days and as long as several years. At any given time, the Agency may have certificates of deposit in numerous financial institutions in the future. The Treasurer may at his/her discretion waive security for that portion of a deposit,which is insured f pursuant to federal law. Currently, the first $100,000 of a deposit is federally insured by FSLIC or FDIC. It may be to the Agency's advantage to waive this collateral requirement for the first 4 $100,000 because the Agency may receive a higher interest rate. If funds are to be collateralized,the collateral will be 110%of the deposit in government securities or mortgages of 150%. At purchase, institutions must not show an operating loss. Banks must have an equity-to-asset ratio of at least 6%. Savings and loan associations and savings banks must have an equity-to-asset ratio of a least 3%. Local Aflency Investment Fund The Local Agency Investment Fund (LAIF) of the State of California offers high liquidity because deposits can be wired to the Agency checking account within twenty-four hours. Interest is computed on a daily basis. This is a special fund in the State Treasury, which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000 in multiples of $1,000 above that, with a maximum of$20,000,000 for any agency. It offers high liquidity because deposits can be converted to cash within twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly by adding it to the principal. The State charges participants a small fee to cover reasonable costs associated with operating the investment pool, not to exceed one quarter of one percent of the earnings. C!WClP91i5FVOSEiiI�C�NIYM610MM'D%11MIXISMv6'MEVi IOIICWM'6TMFM IdJ[Y.IEOEVF]➢MfNi10 PlY.lf9f.f WKLM I The interest rates received are fairly stable because of the pooling of the State's surplus cash with the surplus cash deposited by local governments. This creates a well-diversified multi-billion dollar money pool. U.S. Treasury Securities U.S. Treasury securities are highly liquid and considered the safest of all investments because they are backed by the full faith and credit of the United States Government. U.S.Treasury Bills are direct obligations of the United States Government. They are issued weekly with maturity dates up to six months. They are issued and traded on a discount basis and the interest is figured on a 360-day basis using the actual number of days to maturity. They are issued in the minimum amount of$10,000 and in multiples of$5,000 thereafter. U.S. Treasure Notes are direct obligations of the United States Government. They are issued throughout the year with maturities from two up to 30 years. Notes are coupon securities paying a fixed amount every six months. The Agency will not invest in notes having maturities longer then five years. Federal Allency Securities Federal Agency securities are highly liquid and considered to be virtually without credit risk. Federal Agency issues are guaranteed indirectly by the United States Government. All Agency obligations that are fixed-rate and meet the maturity restrictions of the State Code and this Policy qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues with all of the same advantages. Examples are: FNMA's (Federal National Mortgage Association) are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration,as well as those guaranteed by the Veterans Administration. FHLB's (Federal Home Loan Bank Notes and Bonds) are issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations,mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. Other Federal Agency issues are Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), Small Business Administration Notes (SBA's), Government National Mortgage Association (GNMA's), Tennessee Valley Authority (TVA's) and the Student Loan Marketing Association (SLMA's) u Negotiable Certificate of Deposit Negotiable certificates of deposit are high-grade instruments, paying a higher interest rate than regular certificates of deposit. They are liquid because they can be traded in the secondary market. Negotiable Certificates of Deposit (NCD's) are unsecured obligations of the issuing financial institution, bank or savings and loan, bought at face value with a promise to pay face value plus accrued interest at maturity. The primary market issuance is in multiples of $1 million. The secondary market usually trades in denominations of$500,000,although smaller denominations are occasionally available. Local agencies may not invest more than 30% of their surplus money in negotiable certificates of deposit. NCD's will only be placed with the largest and most financially sound institutions. Commercial Paper Commercial paper allows the investment of large amounts of money on a short-term basis at rates higher than passbook savings accounts. Commercial paper is a short-term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value. As an example, corporations such as American Express, International Business Machines (IBM) and General Electric issue commercial paper. Local agencies are permitted by state law to invest in commercial paper of"prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard and Poor's Corporation (Al/pl or al+/pl). Purchases of eligible i commercial paper may not exceed 180 days maturity nor exceed 30%of the Agency's surplus funds. I Medium-Term Corporate Notes An agency may invest in medium term corporate notes with a maximum maturity of five years issued by a corporation organized and operating within the United States, a depository institution licensed by the United States Government or any state government and operating within the United States. The California State Code (53601) et seq.) permits cities to invest in corporations with a rating category of"A"or better,but the Agency will limit its investments in corporate medium term notes to those issued by corporations that have been rated "AA" or its equivalent by two nationally recognized ratings agencies. Passbook Savings or Money Market Account Passbook savings account allows us to transfer money from checking to savings and earn interest on smaller amounts of money, which are not available for a longer-term investment. i The passbook savings account is similar to a CD except not for a fixed term. The interest rate is much lower than CD's but the savings account provides daily liquidity and funds can be deposited and withdrawn according to our daily needs. Mutual Funds Mutual Funds allow the Agency to maintain liquidity and receive money market rates. Mutual Funds are referred to in the Government Code, Section 53601.L, as "shares of beneficial interests issued by diversified management companies". The Mutual Fund must be restricted by its prospectus to be a"Money Market"mutual fund and be limited to the same approved investments as LAIF. These investments include U.S. Treasury and Agency issues, Bankers Acceptances, Commercial Paper,Repurchase Agreements, Certificates of Deposit;and Negotiable Certificates of Deposit. The quality rating and percentage restrictions in each investment category applicable to LAY also apply to any Mutual Fund. One of the stated objectives of the Mutual Fund must be to attempt to maintain a $1.00 Net Asset Value(NAV). A further restriction is that the purchase price of shares of any mutual fund shall not include any sales commission. Investments in mutual funds shall not exceed 15%of the Agency's surplus money. Repurchase Agreements Repurchase Agreements are purchases of securities by the Agency under an agreement with a term of one(1)year or less whereby the seller will"repurchase"the same securities on or before a specified date or on demand of either party and for a specified amount. The underlying securities must be delivered to the Agency's custodial account by book entry, physical delivery or a third-party custodial agreement. awnsawrsu+osemyc�,wv.waionun oavrvxnvrrv¢ruwrrournxvmMvnwscv.uot+unmwr,cwcY.mm.m+..ioac ripnF�?G upont'`� - - AGENCY CONSENT ITEM TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE A. COLEMAN, ECON. AND COMM. DEVELOPMENT DIRECTOR VIA: F. M. DELACH CITY E MANA EXE TIVE DIRECTOR/P) GR/ CU DATE: JUNE 18, 2007 SUBJECT: NOTICE OF COMPLETION FOR THE ABATEMENT AND DEMOLITION OF THE BLOCK 36 PROJECT AND FORMER WIMPEY'S PAWN SHOP BUILDING RECOMMENDATION: It is recommended that Agency Board accept the Block 36 and Wimpey's Pawn Shop demolition project as complete and authorize staff to file the attached Notice of Completion with the County Recorder's and release contract retention payment to Interior Demolition Construction, Inc. for the Block 36 project in the amount of$14,749.60 and Wimpey's Pawn Shop building in the amount of $3,370.00. BACKGROUND: On January 25, 2007, two abatement and demolition bids were advertised separately for each project; one for the 6 structures and other improvements on the Block 36 site and another for the Wimpey's Pawn Shop. The demolition work was necessary in order to prepare the site for the construction of the Block 36 Development Project, consistent with the DDA with the Developer. In January 2007, the Agency Board approved bids and specifications for abatement and demolition of the Block 36 project and Wimpey's Pawn Shop building, which consisted of the removal of 6 vacant commercial structures, the City-owned parking lot, and northerly portions of the alley located on the Block 36 project site and the property located at 100 East Foothill Boulevard, commonly known as the Wimpey's Pawn Shop. In February 2007, the abatement and demolition contract was awarded to Interior Demolition Construction, Inc. in the amount of $147,496 for the Block 36 project and $33,700 for the Wimpey's Pawn Shop building. As outlined in the bid specifications, abatement and demolition included removal of the existing vacant structures, footings, asphalt, trees, landscaping, planters, irrigation system,vacation of the gas, electrical and water meters, and salvaging a portion of the Canyon City Hotel bricks with disposal of debris and other related material including clearing and rough grading to the site all as detailed in the specifications. Additionally, contractor met all required federal, state, and local requirements, including Cal OSHA, NPDES, and AQMD as stated in the project specifications. A screened fence and gate will remain in place through the month of August to ensure safe passage around the demolition area. Under the contract, the contractor was given a period of 60 working days to complete both the abatement and demolition work. In May 2007, the City of Azusa Building and Safety Division signed off 1 Honorable Chairman&Members of the Agency Board Subject: Notice of Comp. For Abatement/Demo of Blk.36 June 18, 2007 Page 2 of 2 on completion of the abatement and demolition of the Block 36 and Wimpey's Pawn Shop project. FISCAL IMPACT: The cost of the project for demolition of Block 36 (not including Wimpey's Pawn Shop)was estimated at $147,496.00 and has been budgeted in the FY 2006/07 Agency budget and will be drawn from the Tax Exempt Bond fund account. The demolition cost for Parcel 8611-003-006 (formerly Wimpey's Property) in the amount of $33,700.00 will be taken from the Non-tax-exempt fund account. The retention payment will be released pending Council approval of the Notice of Completion and after the statutory recordation period with the Los Angeles County Recorder's Office. Prepared by Sandra Benavides BAC:SB//cs Attachments: Notice of Completion RECORDING REQUESTED BY • Redevelopment Agency of the City of Azusa AND WHEN RECORDED MAIL TO: r Redevelopment Agency of the City of Azusa 213 East Foothill Boulevard Azusa, California 91702-1395 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is Redevelopment Agency of the Citv of Azusa 3. The full address of the owner is 213 E. Foothill Boulevard Azusa California 91702 4. The nature of the interest or estate of the owner is: Owner (E.G.,owner in fee OR vendee under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES None 6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES None 7. The abatement and demolition on the property hereinafter described was completed on. May 23, 2007 8. The name of the contractor, if any, for such work of improvement was Interior Demolition Construction Inc The kind of work done or material furnished was abatement and demolition of 6 vacant commercial structures the City- owned parking lot and northerly portions of the alley located on the Block 36 project site and the property located at 100 E Foothill Boulevard formerly known as the Wimpey's Pawn Shop 9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles , State of California; and is described as follows: structures (APN# 861 1-003-906 907. 908, 909. 910, and 912, parking lot (APN# 8611-003-911, 900 901 902 and 903) and Wimpev's Pawn shop (APN # 8611-003-006). 10. The project site is bounded by Azusa Avenue on the west, Foothill Boulevard on the north, Alameda on the east and 6"' street On the south. (IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED, INSERT"NONE") Dated: lune . 2007 (signature) Joseph Rocha Chairman Redevelopment Agency of the City of Azusa VERIFICATION I, the undersigned, say: I am the person who signed the foregoing notice. I have read said notice and know its contents, and the facts stated therein are true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Azusa, California, this day of June, 2007. (SIGNATURE) t l i WARRANT REGISTER NO.22 FISCAL YEAR 2006-07 WARRANTS DATED 05/16/07 THROUGH 05/31/07 I FOR REDEVELOPMENT AGENCY MEETING OF 06-18-07 RESOLUTION NO. IF 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 $ 10,744.93 80-125-CBD CAPITAL PROJECTS FUND 586,965.17 80-135-WED CAPITAL PROJECTS FUND 80-135-WED CAPITAL PROJECTS FUND _ 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 8,060.00 82-125-CBD DEBT SERVICE FUND _ 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 605 71 10 SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records. ADOPTED AND APPROVED THIS DAY OF 2007. Chairman I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof,held on the_day of 2007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary Citv of Azusa HP 9000 06/14/07 O P E N H O L D D B LISTING By �Faztity Nxne- Pp�� 1 JLN 14, 2007, 8:30 PM ---req: ROSE-------leg: Cit, JL---1cc: BI-TEH---jcb: 517005 #J3352---pgn: 00 <1.34> rpt id: CE F=2 SEIEZT FLIW Cbdes: 80-82 ; Check Issue Mites: 051607-053107 PE ID FE Name A MM NLME¢I2 / JM NNS Lvoice Nxber D--s pticn St Disc. Ant. Dist. Amt. V10164 APODIA R;CPEFdY 8010125000-6815 31383 PROPTY Ng1IDTT/110 PD 0.00 612.00 PM Lhsaid: 0.00 Paid: 612.00 Total: 612.00 V01305 Aa)SA CITY FED C 8000000000-3035 2610/0701011 PR#11/07 FD 0.00 234.63 PEID Cyd: 0.00 Paid: 234.63 Total: 234.63 V00365 AaM LIGHT & WA 8010125000-6815/505800-6815 042707 SOZEPN G%R2IEL/ PD 0.00 42.75 V00365 AaM LIGHT & TVA 8010125000-6815/505800-6815 SIFI'051507 BOMEDNC 2IEL/ PD 0.00 39.57 V00365 AZUSA LICIT & WA 8010125000-6815/505800-6815 SIEB051507 802NSnN E /. FD 0.00 39.57 V00365 AZLFA LICIT & WA 8010125000-6815/505800-6815 SIN 051507 802DIEPN G9ERIEL/ FD 0.00 39.57 V00365 AZLFA LIGHT & WA 8010125000-6815/505800-6815 5=51507 802NSnN Com/ PD 0.00 39.49 V00365 LIC 365 AZM4 LIGHT & � 8010125000-6815/505800-6815 S�TEE'051507 1507 802 � FAD 0.00 39.72 PEID d: 0.00 Paid: 280.24 Total: 280.24 V00355 AZd.FA PAffR= AC 8000000000-3003 PR1107 Twes Parable/FI PD 0.00 543.46 V00355 AZLEA PA)RM AC 8000000000-3005 FR1107 Tis Pb i PD 0.00 977.79 V00355 AZUSA PA= AC 8000000000-3001 PR1107 Tis Pbl/WidAie PD 0.00 3,243.49 PEID Lkd: 0.00 Paid: 4,764.74 Total: 4,764.74 V95948 AGFA, CITY OF 8000000000-3042 051107 F=/1M/DELD CA FD 0.00 111.29 PEM Lkszaid: 0.00 Paid: 111.29 Total: 111.29 V05804 BEST BEST & KRIE 8010110000-6301 542293 3/07 I rZEl� PD 0.00 390.00 V05804 EEST EAST & KRIE 8010125000-6301/501500-6301 542293 3/07 IA�7kI2BE/B PD 0.00 2,201.80 V05804 BEST BEST & KRIE 8010125000-6301/505700-6301 542293 3/07 LQr PD 0.00 883.50 V05804 QST BEST & BRIE 8010125000-6301/505900-6301 542293 3/07 LC3,-ZEF&/B PD 0.00 292.50 City of Azusa HP 9000 06/14/07 O P E N HOLD D B L.I S T I N G ByPexson/Ehtity Navemr �02 J[N 14, 2007, 8:30 PM ---req: FEGE-------leg: GL JL---lcc: BI-TECH---job: 517005 #J3352---pgn: CFI 00 <1.34> xpt id: 2 SSP EU D Cabs: 80-82 ; Check Issue Dates: 051607-053107 FE ID PE Nage AGCCZNP MISER / JOB NUvEER invoice Njrber Description St Disc. A[rt. Dist. A[[t. V05804 RESSP RESP & ITjE 8010125000-6301/505800-6301 542294 3/07IP� � PD 0.00 1,501.50 V05804 BESP P & KRIE 8010125000-6301/505800-6301 542294 3ZOOR - u�H- D PD 0.00 117.00 V05804 BESP PEST & RR1E 8010125000-6301/505800-6301 542889 3/07 LCdr PD 0.00 9,751.2 V05804 = REST & KRIE 8010125000-6301/505800-6301 542294 3/07IC;�IP P� PD 0.00 3,723.22 V05804 BEST FEST & HI21E 8010125000-6301/505800-6301 542293 3/07 LGd B PD 0.00 429.00 PED thmidd: 0.00 Pai : 19,290.24 Total: 19,290.24 V00353 CAIPERRS 8000000000-3070 05073 EMP RET BUY M(Y PD 0.00 29.32 V00353 CALPERS 8000000000-2728 05073 Pers Payable FD 0.00 3,340.21 PEIDd: 0.00 d: 3,369.53 Total: 3,369.53 VOG783 =SD= 8000000000-3010 2315/0701011 PR#11/07 PD 0.00 589.82 PFS d: 0.00 d: 589.82 9btal: 589.82 -- V01469 DjaqIDN AaFA B 8010110000-6630 N2076110 _ RERM/MU E SSC-YD _ 0.00_ 177.50 PEID d: 0.00 Paid: 177.50 Total: 177.50 V08010 DUfO;'S LANC8CAPI 8010125000-6815 00154 FY 2006/07 LAND PD 0.00 320.00 PEID Paid: 320.00 Total: 320.00 V00331 FFE&RAL EXFFESS 8010125000-6625/505800-6625 201900409 117052788//R�NNIDID FD 0.00 42.76 V00331 FEDERAL.E�RFSS 8010125000-6625/505800-6625 204553 20-6625 4 117052788/= T PPD 0.00 18.93 .00 18.93 PEID ihT)aid: 0.00 Paid: 80.62 Total: 80.62 City of Azusa HP 9000 06/14/07 O P E N HOLD D B LISTING ty p� ulifT, JCN 14, 2007, 8:30 PM ---xeq: RCEE-------leg: GL JL---loc: BI-TECH---jcb: 517005 #J3352---pgn�00<1.344 rpt id: CHFLER02 SELFZf FUD mss: 80-82 ; Check Issue Dates: 051607-053107 PE ID PE Nme AOJaVT NLD'EER / JOB NIS Invoice Nlnber Dzs=pticn St Disc. Pte. Dist. Pte. V07280 FIRST PMERICAN T 8010125000-7105/501500-7105 NCS260601LA1 303E FTrIII�pL-N FD 0.00 535,000.00 V07280 FTRST ANERICPN T 8010125000-7115/501500-7115 NCS260601TA1 303E F II3LL/QI T FD 0.00 5,042.00 V07280 F= PI4�32iCAN T 8010125000-7015/501500-7015 NCS260601TAl 303E FIH L/PR0P FD 0.00 184.05 V07280 FIRS MERMW T 8010125000-4412/501500-4412 NCS260601LA1 303E FIHUL/R= FD 0.00 -587.10 PEID U�d: 0.00 Paid: 539,638.95 Tbtal: 539,638.95 V09257 KRIS a2Z= 8110155000-6650/505300-6650 1869 FR\AL/654W 31D S PD 0.00 8,000.00. PEID LTr V: 0.00 Paid: 8,000.00 Total: 8,000.00 V05574 IRa\1 NJX= RE 8010110000-6493 HE'60979HP60987 HF60979-HP60987 PD 0.00 110.39' PEID d: 0.00 Paid: 110.39 Total: 110.39 V03126 LJN= N=CNAL 8000000000-3010 2325/0701011 FR411/07 FD 0.00 295.63 t , PEID Paid: 295.63 Total: 295.63 V00227 MDGRE IACDFANJ G 8010125000-6399/505800-6399 0022079 9 R C.amm;4N/ PD 0.00 4,601.67 PEIDd: 0.00 d: 4,601.67 Total: 4,601.67 V01582 NEXM CCM4NIC9 8010110000-6915 635925025058 635925025-058 IN PD 0.00 50.90 PEID Tkimyd: 0.00 Paid: 50.90 Total: 50.90 V00540 OFFICE 1EPOI' INC 8010110000-6530 384492269001 319-275 BLACK TO FD 0.00 133.42 V00540 OFFICE LEPOF IlIC 8010110000-6530 384777667001 242073 AVEFY REM PD 0.00 21.42 City of Azusa HP 9000 06/14/07 O P E N H O L D D B LISTING By FtrmVaitity Nam id: Q]Pace 4 JLV 14, 2007, 8:30 PM ---rex: RXE-------leg: GL JL---loc: BI-TD�-I---jcb: 517005 #J3352---P9m: 00 <1.34> ipt SE[FZT Full) Czdes: 80-82 ; (fleck Issue Dates: 051607-053107 PE ID FE Nacre AO= NU4MR / JCB NUVEER Irnoice Nirrbes De=ption St Disc. Ant. Dist. Ate. PEID Tkpaa 0.00 d: 154.84 Total: 154.84 V10355 PPLSFIC CI= CS 8010125000-6399/505800-6399 10455 ALTA SURVEY/A1-T PD 0.00 86.45 PEID chid: 0.00 Fai 86.45 'total: 86.45 V09301 SAF-B31VU. DENIAL 8000000000-3052 1333162 PRSvVMSY2007/AS1 PD 0.00 163.13 PEIDU��d: 0.00 Paid: 163.13 Total: 163.13 V08192 SCHDRO LM & ASS 8010125000-6345/508800-6345 043007 PFD FR2d^IY PY37 14:3 PD 0.00 770.00 PEID LhAx�id: 0.00 Paid: 770.00 Total: 770.00 V0856 0000000070%00111 _ R1/07 , FD0.00 _160.75 V00 - S INSU 8 0 -25 12270 PEID d: 242.61 Total: 242.61 V10009 TIERRA WEST ADVI 8010125000-6345/505800-6345 032307 2/07 F12J =-LW PD 0.00 11,248.75 V10009 TIERRA VST AM 8010125000-6345/505800-6345 041507 Q7 PRJ m3vT-TA PD 0.00 7,688.75 V10009 TIERRA VAST ADVI 8010125000-6340/502801-6340 041507 PMEIsi1"]im P FD 0.00 2,737.50 PEID Uwyd: 0.00 Paid: 21,675.00 Total: 21,675.00 V00388 VEPJZC T 8010110000-6915 6261975078042807 626-1975078 PD 0.00 -8.09 PEID d: 0.00 Paid: -8.09 Total: -8.09 City of Azusa HP 9000 06/14/07 O P E N H O L D D B LISTING By P��/Entity Nme Page , JLN 14, 2007, 8:30 AM ---req: %ESE--------leg: GL JL---loc: BI-'ID I---jcb: 517005 #J3352---pin: CH400 <1.34> rpt id: CHFLIR02 SECFE:T FUU Oxhs: 80-82 ; Check Issue Dates: 051607-053107 FE ID PE Nane AOxANI' N vEER / JOB NUNEER Invoice Number Description St Disc. Pmt. Dist. Art. V00876 K%9U 3TLN KJRA 8000000000-3010 2335/0701011 FR##11/07 FD 0.00 98.01 PEED U12U 0.00 Paid: 98.01 Tbtal: 98.01 GRAND TOTAL Paid: 605,710.10 Total: 605,710.10 U. �•: �C'9UFORN�� CITY OF AZUSA MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY THURSDAY, MAY 17, 2007— 10:25 P.M. The Boardmembers of the Azusa Public Financing Authority of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 East Foothill Boulevard, Azusa. Vice Chairman Hanks called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS ABSENT: BOARDMEMBERS: ROCHA ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, City Department Heads, Secretary Mendoza, Deputy City Clerk Toscano. The CONSENT CALENDAR consisting of item G-1 and G-2 were approved by motion of Consent Cal Director Carrillo, seconded by Director Gonzales and unanimously carried. Appvd 1. Minutes of the regular meeting of February 5, 2007, were approved as written. Min appvd 2. The Authority Treasurer's Report as of March 31, 2007, was received and filed. Auth Treas It was consensus of the Board Members to adjourn. Adjourn TIME ADJOURNMENT: 10:26 P.M. SECRETARY NEXT RESOLUTION NO. 07-P1. f E , OF:q? WINF M ,i&. '"11#-, ^moi CONSENT ITEM i TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER . l DATE: June 18, 2007 SUBJECT: INVESTMENT POLICY FOR THE AZUSA PUBLIC FINANCING AUTHORITY RECOMMENDATION The City Treasurer recommends that the City Council approve the attached resolution re-adopting the Investment Policy for the Azusa Public Financing Authority. FISCAL IMPACT None BACKGROUND California Government Code Section 53646(a)(2)requires the Public Financing Authority to adopt an Investment Policy every year. The Authority is also charged with changing the policy as necessary. The policy must be adopted or changed at a public meeting of the Council. The Council Members last adopted the Investment Policy.on June 5, 2006. DISCUSSION In addition to the annual review of the Pubic Financing Authority's Investment Policy, Government Code Section 53607 requires the Authority to reconfirm annually the delegation of investment authority to the City Treasurer. The Treasurer and the City Council are "fiduciaries"subject to the prudent investor standard. The Investment Policy is the outline from which the Treasurer operates to ensure that investments are safe, liquid and achieving returns. RESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING AUTHORITY OF THE CITY OF AZUSA ADOPTING THE INVESTMENT POLICY WHEREAS, the Public Financing Authority of the City of Azusa receives taxes and other revenues from a variety of sources and uses the funds to pay its bills on a regular basis; and WHEREAS, the APFA Treasurer is charged with the duties of handling and maintaining the cash that is taken in or otherwise received by the Authority; and WHEREAS, the balance of these funds Fluctuates between $3,000,000 and $20,000,000 or more; and WHEREAS, per Government Code Sections 53607 and 53600.5 the APFA Treasurer is charged with investing idle public funds on the basis of protecting the safety of the funds, ensuring the liquidity of the investments, and maximizing earnings in that order of importance and based on the "Prudent Investor Standards"; and WHEREAS, the State of California requires each City entity annually to adopt an investment policy per Government Code Section 53646; and WHEREAS, the Board of Directors, with the aid of its staff has reviewed the Statement of Investment Policy and wishes to approve the same; NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Azusa Public Financing Authority of the City of Azusa does hereby adopt its Investment Policy attached hereto marked Exhibit A and instructs the Authority Treasurer to be guided by it in carrying out the duties of his office for the benefit of the Azusa Public Financing Authority. ADOPTED AND APPROVED this day of June 2007. CHAIRMAN I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of the Azusa Public Financing Authority at a regular meeting thereof on the day of June 2007 by the following vote of Directors: AYES: BOARD OF DIRECTORS: NOES: BOARD OF DIRECTORS: ABSTAIN: BOARD OF DIRECTORS: ABSENT: BOARD OF DIRECTORS: SECRETARY Azusa Public Financing Authority (APFA) INVESTMENT POLICY 1. POLICY STATEMENT All funds of the APFA shall be invested in accordance with principles of sound treasury management and in accordance with the provisions of the .California Government Code Sections 53600, et seq.;(the Municipal Code), and guidelines established by the California Municipal Treasurer's Association,the California SocietyofMunicipal Finance Officers,and this Investment Policy ("Policy"). These funds are defined and detailed in the City's Comprehensive Annual Financial Report(CAFR)and includes any new funds created unless specifically excluded by the City Council Specifically excluded funds are: Funds deposited with the State Public Employees' Retirement System; and Bond proceeds that are subject to covenants and restrictions as defined in the Bond's indenture or are administered under the direct control of the Bond Trustee. 2. INVESTMENT POLICY OBJECTIVES A. Overall Risk Profile The objectives of the APFA's Investment Program are, in order of priority: 1. Safeguard the principal of the funds; 2. Meet the liquidity needs of the City; and 3. Achieve a return on the funds. To achieve these objectives,the APFA shall consider the following when making an investment: 1. Safeeuard the Principal of the Funds The APFA shall mitigate the.risk to the principal of invested funds by limiting credit and interest rate risks. Credit Risk is the risk of loss due to the failure of the security issuer or.backer. Interest Rate Risk is the risk that the market value of the APFA's portfolio will fall due to an increase in general interest rates. a) Credit risk will be mitigated by: (i) Limiting investments to the safest types of securities; (ii) By pre-qualifying the financial institutions with which it will do business; and (iii) By diversifying the investment portfolio so that the potential failure of any one issue or backer will not place an undue financial burden on the APFA. b) Interest rate risk will be mitigated by: (i) Structuring the APFA's portfolio so that securities mature to meet the APFA's cash requirements for ongoing obligations, thereby avoiding the possible need to sell securities on the open market at a loss prior to their maturity to meet those requirements; and (ii) Investing primarily in shorter-term securities. 2. Meet the Liquidity Needs of the City The APFA's investment portfolio shall be structured in a manner that emphasizes that securities mature at the same time as cash is needed to meet anticipated demands(Static Liquidity). Additionally, since all possible cash demands cannot be anticipated,the portfolio should consist of securities with active secondary markets(Dynamic Liquidity). The maximum percentage of different investment instruments and maturities is described in Section H of this Policy. 3. Achieve a Return on the Funds Yield on the APFA's investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent for the APFA to sell a security prior to maturity to either meet unanticipated cash needs or to restructure the portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates. C:'IgCXE 1SM'DSETiM05WXM111.�MVY W0.Tff.Y1NMV6TNP'I NIICWXVESIM�RPoIICY.KVLN841CidMC&OwM1OP1A.lool.iNLL W[ L I B. Basic Investment Strateav The APFA's investment portfolio shall be structured to provide that sufficient funds from investments are available each month to meet the APFA's anticipated cash needs. Subject to the objectives stated above,the choice in investment instruments and maturities shall be based upon an analysis of future anticipated cash needs, existing and anticipated revenues, interest rate trends and specific market opportunities. No investment may have a maturity of more than five(5)years from its date of purchase without receiving prior Board approval. After approval by the Board,reserve funds associated with bond issues may have a maturity of more than five (5)years, up to the earliest date the bonds may be redeemed or mature. 3. INVESTMENTS This section of the Investment Policy identifies the types of investments in which the APFA will invest its idle or surplus funds. A. Standard of Prudence The APFA operates its investment portfolio under the Prudent Investor Standard (California Government Code Section 53600.3)which states,in essence,that"when investing,reinvesting,purchasing,acquiring,exchanging,selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the APFA, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims,to safeguard the principal and maintain the liquidity needs of the APFA." This standard shall be applied in the context of managing the overall portfolio. Investment officers,acting in accordance with written procedures and this investment policy and exercising the above standard of diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. B. Eligible Securities The APFA is provided a broad spectrum of eligible investments under California Government Code Section 53600, et seq. The APFA many choose to restrict its permitted investments to a smaller list of securities that more closely fits the APFA's cash flow needs and requirements for liquidity. If a type of investment is added to California State Code 53600, it will not be added to the APFA's Authorized Investment List until this policy is amended and approved by the Board. If a type of investment permitted by the APFA should be removed from California State Code 53600, it•will be deemed concurrently removed from the APFA's Authorized Investment List. The APFA's Authorized Investment List • Insured Certificates of Deposit (CD's) of California banks and/or savings and loan associations, and/or savings banks which mature in five years or less, provided that the APFA's investments shall not exceed One Hundred Thousand Dollars ($100,000) per institution.. If the investment exceeds the insured $100,000,the funds are to be collateralized at 110%of the deposit in government securities or 150% in mortgages. • Local Agency Investment Fund(LAIF) Demand Deposits. • Securities of the U.S. Government, and securities of which the principal and interest is guaranteed by the full faith and credit of the U. S. Government. • Securities issued by agencies and instrumentalities of the U. S. Government or issued by a government-sponsored enterprise. • Commercial Paper(limited to 30%of the portfolio)rated Al/P 1 or the equivalent by two nationally recognized rating agencies with maturities not to exceed 181 days. • Medium-Tenn Corporate Notes (Limited to 20% of the portfolio) that are rated "AA" or better by two nationally recognized rating agencies. • Passbook Savings or Money Market Demand Deposits,subject to the restrictions and limitations set forth in Government Code Section 53638. • Repurchase Agreements (limited to 30% of the portfolio) with approved banks and broker-dealers who have completed and signed a Master Repurchase Agreement with the Agency. • Money Market Mutual Funds (with a stated objective of maintaining a $1 net asset value) that has been rated AAAm by Moody's or any two nationally recognized rating agencies. Please see Exhibit A for 'a more detailed description of the authorized investments listed above. noocvwv Ua Dsmmrosuw.0 LTmnn.v++T srnwr rournwu+uiuTno wa.. mu G TY.mr-nxu_oac A thorough investigation of any pool or fund is required prior to investing and on a continual basis. The investigation will, at a minimum, obtain the following information: • A description of eligible investment securities, and a written statement of investment policies and objectives. • A description of interest calculations and how it is distributed,and how gains and losses are distributed. • A description of how securities are safeguarded (including the settlement process) and how often the securities are marked to market and how often an audit is conducted. • A description of who may invest in the program, how often, what size deposits and withdrawals are permitted. • A schedule for receiving statements and portfolio listings. •- Does the pool/fund maintain a reserve or retain earnings or is all income after expenses distributed to participants? • A fee schedule which also discloses when and how fees are assessed. • Is the pool or fund eligible for bond proceeds and/or will it accept such proceeds? The purpose of this investigation is to determine the suitability of a pool or fund and evaluate the risk of placing funds with that pool or fund. One of the purposes of this Investment Policy is to define what investments are permitted. If a type of security is not specifically authorized by this policy,it is not a permitted investment. C. Qualification of Brokers, Dealers and Financial Institutions The Authority Treasurer or designees will establish and maintain a list of the financial institutions and broker/dealers authorized to provide investment and depository services to the APFA, will perform an annual review of the financial condition and registrations of the qualified bidders, and require annual audited financial statements to be on file for each approved company. The APFA shall annually send a copy of their current Investment Policy to all financial institutions and broker/dealers approved to do business with the APFA. Receipt of the Policy and Enabling Resolution, including confirmation that it has been received and reviewed by the person(s) handling the APFA's account, shall be acknowledged in writing within thirty(30) days. All broker-dealers and fmancial institutions that desire to become qualified bidders for investment transactions must submit a"Broker-Dealer Application" and related documents relative to eligibility. This includes a current audited financial statement, proof of state registration, proof of NASD registration and a certification they have received and reviewed the APFA's Investment Policy and agree to comply with the provisions outlined in the Investment Policy. The Authority Treasurer or designees may establish any additional criteria they deem appropriate to evaluate and approve any financial services provider. The selection process for broker-dealers shall be open to both"primary dealers" and"secondary/regional dealers"that qualify under Securities and Exchange Commission Rule 15c3-1 (Uniform Net Capital Rule). The provider must have an office in California and the provider's representative must be experienced in institutional trading practices and familiar with the California Government Code as it relates to investments by an Agency. D. Collateralization Requirements Uninsured Time Deposits with banks and savings and loans shall be collateralized in the manner prescribed by state law for depositories accepting municipal investment funds. Repurchase Agreements shall be collateralized in accordance with terms specified in the Master Repurchase Agreement. The valuation of collateral securing a Repurchase Agreement will be verified weekly to ensure a minimum of 102%of the value of the transaction is held by the APFA's depository agent. E. Diversification The APFA will diversify its investments by security type and investment. With the exception of bond reserve funds, bond escrow funds, and any other specific funds approved by the Treasury Committee or the Board of Directors,the APFA Treasurer or designee and the APFA's Investment Committee will adopt a strategy that combines current market conditions with the APFA's cash needs to maintain the maximum degree of safety of principal and liquidity throughout market and budgetary cycles. This strategy will include diversification by investment type and maturity allocations and will be included in the regular quarterly reports to the Board. This strategy will be reviewed quarterly and can be changed accordingly. F. Confirmations Receipts for confirmation of purchase of authorized securities should include at a minimum the following information: trade date, settlement date, description of the security,par value, interest rate,price,yield to maturity,agency's name,net amount due, and third parry custodial information. � CC NµCl .A .�OMW �. G. GASB 3 The Governmental Accounting Standards Board (GASB) issued GASB #3 in April 1986,and the local entity's investments must be categorized into three levels of credit risk as follows: a) Securities that are insured or registered, or for which the securities are held by public units or its agent in the units; b) Securities that are uninsured and unregistered and are held by the broker's or dealers trust department or agent in the unit's name; C) Securities that are uninsured and unregistered and are held by the broker or dealer, or by its trust department or agent, but not in the unit's name. The carrying amount and market value of all types of investments must be disclosed in total and for each type of investment. Governmental Accounting Standards Board #3 exempts mutual funds and LAIF investments from the mandatory risk categorization. 4. SAFEKEEPING OF SECURITIES A. Safekeeping Agreement The APFA shall contract with a bank or banks for the safekeeping of securities that are owned by the APFA as a part of its investment portfolio or transferred to the APFA under the terms of a Repurchase Agreement. All securities owned by the APFA shall be held in safekeeping by a third party bank trust department acting as agent for the APFA under the terms of a custody agreement executed by the bank and the APFA. All securities will be received and delivered using standard delivery versus payment(DVP)procedures. The third party bank trustee agreement must comply with Section 53608 of the California Government Code. No outside broker/dealer or advisor may have access to APFA funds, accounts or investments, and any transfer of funds must be approved by the Authority Treasurer. B. Security Transfers The authorization to release APFA's securities or funds will be telephoned to the appropriate bank representative by a finance department member other than the person who initiated the transaction. A written confirmation outlining details for the transaction and confirming the telephoned instructions will be sent to the bank within five(5)working days. C. Verification of Security Securities transferred to the APFA as collateral securing time deposits or repurchase agreements that are being held in safekeeping for the APFA will be verified in writing and examined on a surprise basis during the year by the APFA's independent auditors as part of the APFA's annual independent audit. 5. STRUCTURE AND RESPONSIBILITY This section of the Policy defines the overall structure and areas of responsibility within the investment management program. A. Responsibilities of the Authority Treasurer The Authority Treasurer is charged with responsibility for maintaining custody of all public funds and securities belonging to or under the control of the APFA and for the deposit and investment of those funds in accordance with principles of sound treasury management applicable laws, ordinances, and this Investment Policy. This includes establishing written procedures for the operation of the investment program consistent with this policy. The procedures should include reference to safekeeping, master repurchase agreements,wire transfer agreements,banking services contracts and depository agreements. Such procedures shall also include explicit delegation of authority to persons responsible for investment transactions. No person may engage in any investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer and approved by the Investment Committee. Investment decisions that involve borrowing in the amount of$100,000 or more must be included as a separate discussion item on the Board's agenda. Such items can no longer be included on the Board's consent calendar. (Government Code Section 53635.7) B. Responsibilities of the Director of Finance The Director of Finance is responsiblelfor keeping the Board of Directors fully advised as to the financial condition of the APFA. C. Responsibilities of the Board of Directors The Board of Directors shall consider and adopt a written Investment Policy. As provided in that policy, the Board shall receive, review and accept monthly investment reports. C;Oy.1MdI5 M'O bEillxOswNMY.flMWY WCIIM[N1NM'6IMfM FOIlL1YM'k81MEMPoIICY'KVSI.fJOJCFlx/.xCMOIArtxoxRY3WrFMLLttC D. Responsibilities of the Investment Committee There shall be an Investment Committee consisting of the Director of Finance, the City Manager,and APFA Treasurer and their designees. The Committee shall meet quarterly to discuss cash flow. requirements, the monthly investment reports, investment strategies,investment and banking procedures and significant investment related work projects being undertaken in each department that will affect the cash flow management of the APFA Treasurer. This will require timely reports from the department heads to the APFA Treasurer concerning significant future cash flow requirements. The Committee's meetings will be summarized in minutes that are distributed to the Board of Directors. The Investment Committee,with the approval of the Board, may retain an external investment manager on behalf of the APFA. The investment manager will be required to act in accordance with this investment policy. E. Ethics and Conflicts of Interest All APFA officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Those employees and investment officials shall disclose to the appropriate City executive(City Manager,City Attorney,or the Director ofFinance)any material financial interest in financial institutions that conduct business within thei Cty, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the APFA's investments. 6. REPORTING The Authority Treasurer shall prepare a monthly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the past month. This management summary shall be prepared in a manner that will allow the Director of Finance and the Board to ascertain whether investment activities during the reporting period have deviated from the APFA's Investment Policy. The monthly report shall include the following: • A list of individual securities held at the end of the reporting month. • Unrealized gain or loss resulting from amortization or accretion of principal versus market value changes by listing the cost and market value of securities owned by the APFA. • A description of the current investment strategy and the assumptions upon which it is based. • Dollar weighted yield to maturity of the APFA's investments. • Maturity schedule by type of each of the APFA's investments. • Statement as to compliance of the APFA's Investment Policy with Government Code Section 53601 et seq. • Statement as to ability to meet expenditure requirements for next six months. • Market value,book value, par value and cost basis of all investments. • Investments"under the management of contracted parties,including lending programs" (i.e., investments held by deferred compensation administrators). 7. PERFORMANCE STANDARDS The investment portfolio will be managed in accordance with the standards established within this Investment Policy and should obtain a market rate of return throughout budgetary and economic cycles.. The Investment Committee will establish and periodically review the APFA's portfolio benchmarks and performance. A benchmark will be selected that compares with the portfolio composition, structure and investment strategy at that time. 8. REVIEW OF INVESTMENT POLICY A. Policy Review This investment policy shall be reviewed annually by the Board of Directors in accordance with State law to ensure its consistency with respect to the overall objectives of safety,liquidity and yield. Proposed amendments to the policy shall be prepared by the Treasurer and reviewed by the Investment Committee and City Attorney and then be forwarded to the Board for consideration. The Investment Committee shall annually review the Investment Policy and any proposed amendments and forward to the Board for its consideration and adoption at a public meeting. B. Internal Control and Review The external auditors shall annually review the investments and general activities associated with the investment program to ensure compliance with this Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the activities that are selected for testing. 9. ADOPTION OF POLICY This Policy was duly adopted by the Board of Directors of the Azusa Public Financing Authority on June 18, 2007. 1 EXHIBIT A EXIIIBIT A DESCRIPTION OF INVESTMENTS The APFA's investments may be placed in those securities as outlined below;the allocation between the various investment instruments may change in order'to give the APFA the best combination of safety, liquidity and higher yield. Surplus funds of local agencies may only be invested in certain eligible securities. The APFA limits its investments to allowable securities under the State of California statutes (Government Code Section 53601, et. seq., Section 53356,et. seq., and Section 53595, et. seq.) and is further limited to those listed below. Certificates of Deposit Certificates of deposit allow the APFA to select the exact amount and day of maturity as well as the exact depository. Certificates of deposit are issued in any amount for periods of time as short as fourteen days and as long as several years. At any given time, the APFA may have certificates of deposit in numerous financial institutions in the future. The Treasurer may at his/her discretion waive security for that portion of a deposit,which is insured pursuant to federal law. Currently,the first$100,000 of a deposit is federally insured by FSLIC or FDIC. It maybe to the APFA's advantage to waive this collateral requirement for the fust$100,000 because the APFA may receive a higher interest rate. If funds are to be collateralized,the collateral will be 110% of the deposit in government securities or mortgages of 150%. At purchase, institutions must not show an operating loss. Banks must have an equity-to-asset ratio of at least 6%. Savings and loan associations and savings banks must have an equity-to-asset ratio of a least 3%. Local Agency Investment Fund The Local Agency Investment Fund(LAIF) of the State of California offers high liquidity because deposits can be wired to the APFA checking account within twenty-four hours. Interest is computed on a daily basis. This is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000 in multiples of$1,000 above that, with a maximum of$20,000,000 for any agency. It offers high liquidity because deposits can be converted to cash within twenty-four hours and no interest is lost. All interest is distributed to those agencies participating'on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly by adding it to the principal. The State charges participants a small fee to cover reasonable costs associated with operating the investment pool, not to exceed one quarter of one percent of the earnings. c..rs.wo�nmoww..n{TR omuuvrrvx.muu:i waxvwszsnmmo v.�rs.ruwcmu.Hallor.�rxoum.mm.m+.�ooc The interest rates received are fairly stable because of the pooling of the State's surplus cash with the surplus cash deposited by local governments. This creates a well-diversified multi-billion dollar money pool. U.S. Treasury Securities U.S. Treasury securities are highly liquid and considered the safest of all investments because they are backed by the full faith and credit of the United States Government. U.S.Treasury Bills are direct obligations of the United States Government. They are issued weekly with maturity dates up to six months. They are issued and traded on a discount basis and the interest is figured on a 360-day basis using the actual number of days to maturity. They are issued in the minimum amount of$10,000 and in multiples of$5,000 thereafter. U.S. Treasure Notes are direct obligations of the United States Government. They are issued throughout the year with maturities from two up to 30 years. Notes are coupon securities paying a fixed amount every six months. The APFA will not invest in notes having maturities longer then five years. Federal Agency Securities Federal Agency securities are highly liquid and considered to be virtually without credit risk. Federal Agency issues are guaranteed indirectly by the United States Government. All Agency obligations that are fixed-rate and meet the maturity restrictions of the State Code and this Policy qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues with all of the same advantages. Examples are: FNMA's (Federal National Mortgage Association) are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. FHLB's (Federal Home Loan Bank Notes and Bonds) are issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations,mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. Other Federal Agency issues are Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), Small Business Administration Notes (SBA's), Government National Mortgage Association (GNMA's), Tennessee Valley Authority (TVA's) and the Student Loan Marketing Association (SLMA's) cmwvbwrzuro.wmvcswn.w4.r�mm-m rournnrrnvwrnucr..,zus,vieix nn.wnnc nvrmrm-mm.mw.vcr Negotiable Certificate of Deposit Negotiable certificates of deposit are high-grade instruments, paying a higher interest rate than regular certificates of deposit. They are liquid because they can be traded in the secondary market. Negotiable Certificates of Deposit (NCD's) are unsecured obligations of the issuing financial institution, bank or savings and loan, bought at face value with a promise to pay face value plus accrued interest at maturity. The primary market issuance is in multiples of $1 million. The secondary market usually trades in denominations of$500,000,although smaller denominations are occasionally available. Local agencies may not invest more than 30% of their surplus money in negotiable certificates of deposit. NCD's will only be placed with the largest and most financially sound institutions. Commercial Paper Commercial paper allows the investment of large amounts of money on a short-term basis at rates higher than passbook savings accounts. Commercial paper is a short-term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value. As an example, corporations such as American Express, International Business Machines (IBM) and General Electric issue commercial paper. Local agencies are permitted by state law to invest in commercial paper of"prime"quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard and Poor's Corporation (AI/p1 or al+/p1). Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed 30%of the APFA's surplus funds. Medium-Term Corporate Notes An agency may invest in medium term corporate notes with a maximum maturity of five years issued by a corporation organized and operating within the United States, a depository institution licensed by the United States Government or any state government and operating within the United States. The California State Code (53601) et seq.) permits cities to invest in corporations with a rating category of"A"or better,but the APFA will limit its investments in corporate medium term notes to those issued by corporations that have been rated "AA" or its equivalent by two nationally recognized ratings agencies. Passbook Savings or Money Market Account Passbook savings account allows us to transfer money from checking to savings and earn interest on smaller amounts of money, which are not available for a longer-term investment. CLLVI.VMEltl6 N1OSERPW]WNwNI)�^MY[ONMfNiNM'6iW1.T WY[YYM.M1' WNl}WCY-.ZIN.RN41<iL<M'CMG VIIp4]V.M].]IHLL[IX 1 The passbook savings account is similar to a CD except not for a fixed term. The interest rate is much lower than CD's but the savings account provides daily liquidity and funds can be deposited and withdrawn according to our daily needs. Mutual Funds Mutual Funds allow the APFA to maintain liquidity and receive money market rates. Mutual Funds are referred to in the Government Code,Section 5360 LL, as"shares of beneficial interests issued by diversified management companies". The Mutual Fund must be restricted by its prospectus to be a "Money Market" mutual fund and be limited to the same approved investments as LAIR These investments include U.S. Treasury and Agency issues, Bankers Acceptances, Commercial Paper, Repurchase Agreements,Certificates of Deposit,and Negotiable Certificates of Deposit. The quality rating and percentage restrictions in each investment category applicable to LA1F also apply to any Mutual Fund. One of the stated objectives of the Mutual Fund must be to attempt to maintain a$1.00 Net Asset Value(NAV). A further restriction is that the purchase price of shares of any mutual fund shall not include any sales commission. Investments in mutual funds shall not exceed 15% of the APFA's surplus money. Repurchase Agreements Repurchase Agreements are purchases of securities by the APFA under an agreement with a term of one(1)year or less whereby the seller will"repurchase"the same securities on or before a specified date or on demand of either party and for a specified amount. The underlying securities must be delivered to the APFA's custodial account by book entry,physical delivery or a third-party custodial agreement. CW%VNdTBYN StTIMSNXMIQT�WY4�ClWENfNMV6TMF1'1 PoY[WNv6'iMEM1OY[Y.KVLRRYC iMM'CAGYfXORRY.]Wl.iINKWC ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTERS 88.24.005,DISTRICTS; 88.26.005, CORRIDORS; 88.27, OVERLAY ZONES, AND 88.28, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ALLOW RETAIL STORES GREATER THAN 50,000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA 'AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAL/SCHOOLS (INS) ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED (CASE NUMBER ZCA 225) WHEREAS the City Council of the City of Azusa, has given notice thereof as required by law,held a public hearing on June 4, 2007,with respect to the requested Zoning Code Amendment No. ZCA-225, to amend Chapters 88.24.005, Districts; 88.26.005, Corridors; 88.27, Overlay Zones,and 88.28, Special Purpose Zones,of the City of Azusa Municipal Code in order to allow retail stores greater than 50,000 square feet to locate in the Downtown Transit Village(DTV), South Azusa Avenue Corridor(CSA), Foothill Center Overlay((FC(0)), and Institutional/Schools (his) zone within the University District if a Use Permit is first approved. WHEREAS, the Municipal Code prohibits retail stores greater than 50,000 square feet to locate in the Downtown Transit Village (DIV), South Azusa Avenue Corridor(CSA), Foothill Center Overlay(FCO), and Institutional/Schools (Ins) zones; and WHEREAS, the Redevelopment Agency staff has been actively pursuing larger national retailers, and has targeted several locations within the city for such uses; and WHEREAS, on May 16, 2006, the Planning Commission of the City of Azusa ("Planning Commission") conducted a noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the revisions to the Development Code were heard and the revisions were fully studied, discussed and deliberated; and WHEREAS, after deliberations, the Planning Commission determined that the Development Code should be amended to allow retail stores greater than 50,000 square feet only in the DTV and CSA zones; and WHEREAS,the City Council has carefully considered all pertinent testimony and the staff reports presented during the public hearings for the revisions to the Development Code. WHEREAS, on June 4, 2007, the City Council of the City of Azusa("City Council') conducted a duly noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the amendments to the Development Code were heard, fully studied, discussed and deliberated; and U1FINAL 50,000 so Fr ORDIDOCDOC Ordinance No. June 4, 2007 Page 2 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1: Based on the entire record before the City Council, all written and oral evidence presented to the City Council,and the findings made in this Ordinance,the City Council of the City of Azusa hereby adopts the amendments to the Development Code as set forth in the attached Exhibit"A"to this Ordinance; and SECTION 2: The City Council finds that the proposed amendment is consistent with the goals, policies, and objectives of the general plan, any applicable specific plan, development agreement, Owner Participation Agreement or Disposition and Development Agreement. Thep roposed amendment, in and of itself, will not conflict with the goals and policies ofthe General Plan. The effect of the amendment is to change the Development Code in a way that would allow individual retail stores having greater than 50,000 square feet offloor area to be constructed in the DTV, CSA, FC(0), and select Ins zones only if a Use Permit is first approved The Use Permitprocess provides a safeguard to assure that the site beingproposed is adequate for the intended use, and that the project is consistent with General Plan goals and policies. These proposed amendments will not alter any of the other design criteria or development standards. However, it is likely that in the future, as landowners implement the new standards, the owners may seek future amendments to development standards such as setbacks, heights, etc. If the design policies and other relevant development standards—i.e. building setbacks and design, bulk height, frontage types, etc. - are adhered to, future projects will not be in conflict with the General Plan. SECTION 3: The City Council also finds that the proposed Code amendment will not adversely affect surrounding properties. There is no specific development project or specific site associated with this Code amendment. Additionally, the intensity of any future development project will not be affected by the proposed amendment. Under the current Code, a 100,000 square foot retail commercial building could be built in the specified zones, but the building area would have to be subdivided into commercial units of 50,000 square feet or less. If the Code amendment is approved, that same 100,000 square foot building could be built without the interior lease area subdivision— i.e. the building could house a single store. Given that any development project has to conform to Development Code (i.e. setbacks, frontage types, building height, etc.) and General Plan, the Code amendment in and of itself will not adversely affect surrounding properties. For future development projects, if context sensitive site design features are applied to a project, the presence of a large format retail store in the specified zones should not degrade the existing visual character or quality of the site and its surroundings. Ordinance No. June 4, 2007 Page 3 of 6 SECTION 4: The City Council finds that an Initial Study was prepared and noticed for this project in accordance with CEQA guidelines. The Initial Study concluded that the proposed project could not have a significant effect on the environment, and the City Council hereby approves the Negative Declaration. SECTION 5. Severability. If any section, subsection,sentence,clause phrase or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 6. Effective date. This ordinance shall be in full force and effect thirty(30)days after its passage. SECTION 7. Summary. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 4t' day of June, 2007. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk Ordinance No. June 4, 2007 Page 4 of 6 I Vera Mendoza} City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 40' day of June 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of 2007, by the following vote of the Council: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Vera Mendoza, City Clerk APPROVED AS TO FORM: City Attomey Exhibit"A" PROPOSED CODE REVISIONS I 86.24.005-ALLOWABLE USES IN DISTRICTS TABLE 2-2 P • Permitted Use,Zoning Clearance required MUP' Minor Use Permit required UP Use Peril required S Permit requirement set by Speck Use Regulations . X Use not allowed LAND USE TYPE PERMIT REQUIRED BY ZONE Speck Use DTC . DCC I DTV I DE I DW DWL Regulations RETAIL SALES General retail, except with any of the following features Floor area over 50,000 sf UP UP I X UP X P UP r 68.26.005-ALLOWABLE USES IN CORRIDORS TABLE 2-3 P Permitted Use,Zoning Clearance required MUP' Minor Use Permit required UP Use Permit required S Permit requirement set by Specific Use Regulations X Use not allowed LAND USE TYPE PERMIT REQUIRED BY ZONE Special Use Regulations CAZ r CSG CSA CAH CFB RETAIL SALES General retail, except with any of the following features Floor area over 50,000 sf X X X MUP X UP Chapter 88.27 - Overlay Zones 88.27.040 Foothill Center Overlay. A. Purpose and Intent. The Foothill Center(FC) Overlay Zone is established to allow for the transformation over time of the strip commercial retail shopping center at the south-west corner of Foothill Boulevard and Alosta Avenue into a mixed use center which incorporates the design principles of the Urban Form Element of the General Plan. B.An application for a zone change to permit the establishment of an(FC)zone shall include and be accompanied by a master phasing plan for the entire property. C. Development Standards. The development standards required by the underlying base district shall apply. In addition, the following shall apply: 1. Frontage Types. Residential buildings are exempt from Chapter 88.29 -Architectural Standards if the review authority determines that alternative frontage types will result in a compatible building to street relationship. 2. Setbacks for residential buildings. a. The minimum setbacks adjacent to Fennimore Avenue shall be ten feet (10') with no further encroachment. b. The minimum setbacks adjacent to retail parcels shall be seven feet (7') with no further encroachment. UARNAL 50,000 SQ Fr ORD2.1DOC.DOC ; r Ordinance No. June 4, 2007 Page 6 of 6 3. Outdoor Lighting. Existing parking areas serving retail buildings may be maintained without complying with the maximum height limit for outdoor lighting fixtures. 4. Parking. a. Landscaping of commercial parking areas. Existing parking areas serving retail buildings may be maintained without complying with the parking lot landscaping standards. b. Tandem Parking Stalls. 36 percent tandem parking shall be allowed for Residential garages. C. Compact Parking, if provided, shall compromise no more than 10% of the total parking spaces provided, and shall be located only on one side of an aisle. d. Guest Parking for the residential units may be provided along the portion of Fenimore Street within the boundaries of the townhomes. 5. Signs. a. A Master Sign Plan is required for the commercial component. It may be processed separately from any planning permit required by the City for the development of the parcel. b. Three monument signs, not to exceed 10 feet in height and 30 square feet in sign face area each, are permitted for the townhome development. C. Existing nonconforming freestanding signs may be structurally altered, but not enlarged. d. Exemptions from Sign Permit Requirements. Symbols, pictures, patterns, lettering, and illumination approved as architectural ornamentation or decoration by the review authority are allowed without sign permit or master sign plan approval. 6. Walls. a. Residential perimeter walls may exceed six feet (6'). 7. Private Open Space. a. Private Open Space may be provided through balconies, exterior decks and front patios. 8. Permitted Uses General Retail stores greater than 50,000 square feet may be permitted with a Use Permit. 88.28-ALLOWABLE USES IN SPECIAL PURPOSE ZONES TABLE 2- P Permitted Use,Zoning Clearance required MUP Minor Use Permit required UP Use Permit required S Permit requirement set by Specific Use Regulations X Use not allowed LAND USE TYPE PERMIT REQUIRED BY ZONE Special Use Regulations INS OS REC RETAIL SALES General retail except with any of the following features Floor area over 50.000 sf X X X UP 5 Notes: f5)Allowed only on INS zoned properties within the University District Strikeext text=deleted Underlined tent=added ORDINANCE NO. t AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809 WHEREAS, the City Council of the City of Azusa ("City Council") has adopted and subsequently amended that certain Redevelopment Plan for the Central Business District Redevelopment Project ("Original Project Area") originally adopted by the City Council by Ordinance No. 2062 on September 18, 1978; and WHEREAS, the Redevelopment Plan for the Original ProjectAreawas subsequently amended as follows: • to add territory by Ordinance No. 2077 on July 2, 1979, • to add territory by Ordinance No. 2113 on July 20, 1981, • to add territory by Ordinance No. 2197 on November 28, 1983, • to delete territory by Ordinance No. 2249 on December 17, 1984, and • to add territory by Ordinance No. 2250 on December 17, 1984; and WHEREAS, that certain Redevelopment Plan for the West End Redevelopment Project was originally adopted by the City Council by Ordinance No. 2196 on November 28, 1983; and WHEREAS, the Central Business District Redevelopment Project and the West End Redevelopment Project were amended to form the Merged Central Business District and West End Redevelopment Project Area ("Merged'Project Area") by Ordinance No. 2382 on November 7, 1988; and WHEREAS, the Redevelopment Plans for the Merged Project Area were subsequently amended by Ordinances No. 94-018 and 94-020 on December 19, 1994; and WHEREAS, Redevelopment Plans for the Merged Project Area were combined to create an Amended and Restated Redevelopment Plan by Ordinance No. 03-06 on October 6, 2003 ("Amended and Restated Plan"); and WHEREAS, the territory added to the Original Project Area and the territory added from the West End Redevelopment Project is herein collectively referred to as the "Added RVPUB\DLA WRENCEHUGHES\731135.1 1 RVPUB\DLAW RENCEHUGHES\731179.1 i Areas"; and WHEREAS, the Amended and Restated Plan for the Merged Project Area was subsequently amended as follows: • to eliminate the time limit to establish debt by Ordinance No. 03-07 on December 1 , 2003; • to extend the time limits to collect tax increment and for the effectiveness of the Amended and Restated Plan with respect to the Original Project Area and the Added Areas by Ordinance No. 04-09 on October 4, 2004; • to add eminent domain authority on non-residential properties by Ordinance No. 06-011 on October 2, 2006; • to extend the time limits to collect tax increment and the effectiveness of the Amended and Restated Plan by Ordinance No. 07-04 on February 5, 2007; and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to carry out the Amended and Restated Plan, as amended; and WHEREAS, Senate Bill ("SB") 53 amended California Redevelopment Law, Health and Safety Code ("Law") to add Section 33342.7 to the Law and require all redevelopment agencies to amend their redevelopment plan(s) prior to July 1 , 2007 by adopting an ordinance containing a description of the Agency's eminent domain program ("Eminent Domain Program") for the Original Project Area and the Added Areas; and WHEREAS, Section 308 of the Amended and Restated Plan for the Original Project Area and the Added Areas authorizes the Agency to acquire certain real property in the Original Project Area and the Added Areas by eminent domain for twelve (12) years following the effective date of the ordinances adopting or amending the Amended and Restated Plan ; and WHEREAS, the deadline to acquire real property by eminent domain in the Original Project Area and the Added Areas is twelve (12) years following the effective date of Ordinance No. 03-06 dated October 6, 2003 that adopted the Amended and Restated Redevelopment Plan, and Ordinance No. 06-011 dated October 2, 2006 that adopted the "2006 Eminent Domain Amendment", and such deadline has not been extended by the Agency; and WHEREAS, the Agency is currently authorized to acquire, by eminent domain, only non-residential real property in the Original Project Area and the Added Areas, and that the Agency may only acquire residences if requested in writing by the property owner; and WHEREAS, prior to the fourth (4`h) anniversary of the effective date of Ordinance No. 03-06 dated October 6, 2003 that adopted the Amended and R V PUB\DLA W RENCEHUGHES\731135.1 2 RVPUB\DLA W RENCEHUGHES\731179.1 Restated Redevelopment Plan, the Agency may not acquire by eminent domain any real property located within that portion of the Original Project Area and the Added Areas identified by the Agency as "Area 10" in the legal description for the Amended and Restated Plan; and WHEREAS, pursuant to SB 1809, Section 33373 of the Law was amended to require all redevelopment agencies to record with the Los Angeles County Recorder a description of the land within the Original Project Area and Added Areas and a statement that any proceedings for the redevelopment of the Original Project Area and the Added Areas have been instituted under CRL § 33373 ("Statement of Proceedings"); and WHEREAS, new CRL § 33373(d) more particularly requires the recordation of such Statement of Proceedings prior to the Agency's commencement of any future eminent domain action; and WHEREAS, such statement is attached hereto as Exhibit "A"; and WHEREAS, it is the intent of the legislative body of the Agency to promote effective redevelopment, but to discourage abuses of eminent domain powers; and WHEREAS, the Agency intends to comply with all applicable laws relating to payment of fair market value, relocation expenses, loss of business goodwill and such other damages as may be allowed by law when property is taken by eminent domain; and WHEREAS, the City now desires to adopt�n eminent domain program describing the Agency's program to acquire real property by eminent domain in the Original Project Area and Added Areas including any limitations on the Agency's exercise of the power of eminent domain in the Original Project Area and Added Areas; and WHEREAS, City staff has determined that the approval and adoption of this Ordinance does not constitute an approval of any specific program, project or expenditure and does not constitute a project within the meaning of the California Environmental Quality Act (Public Resources Code § 21000) ("CEQA"); and WHEREAS, pursuant to the foregoing, City staff has determined that a notice of exemption ("Notice of Exemption") for the approval of this Ordinance should be filed with the County of Los Angeles, pursuant to CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Purpose. a. The purpose of this Ordinance is to adopt the Eminent Domain Program for RVPUB\DLA W RENCEHUGHES\731135.1 3 RVPUB\DLA WRENCEHUGHES\731179.1 - h a the Original Project Area and the Added Areas within the territorial jurisdiction of the City pursuant to CRL Section 33342.7. b. The goal of the Agency is to improve the quality of life in the City of Azusa by eliminating the existence of blight, abandoned properties, boarded up properties, inconsistent uses, and properties that experience repeated calls for police services or otherwise constitute a nuisance. SECTION 2. Amendment to Amended and Restated Redevelopment Plan. The following paragraph shall be added as the fourth paragraph of Section 308 of the Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Redevelopment Projects: "The Agency shall strictly adhere to the following in assessing just compensation and damages to affected owners: The Fifth Amendment to the United States Constitution, Article I, Section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230010, et seq.), the California Relocation Assistance Act (California Government Code Section 7260, et seq.), implementing rules and regulations (Title 25, California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional laws. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill." SECTION 3. Miscellaneous. a. Except as amended hereby, the Amended and Restated Plan shall remain in full force and effect according to its terms. b. Agency staff is hereby directed to record with the County Recorder of Los Angeles County, the Statement of Proceedings in accordance with Government Code § 27295 and CRL § 33373. C. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. d. The Executive Director of the Agency is hereby authorized to compile the Amended and Restated Redevelopment Plan, as amended by this Ordinance, into a single document and said document, when filed with the City Clerk and the Agency Secretary, shall constitute the official Amended and Restated Plan for the Merged Central Business District and West End Redevelopment Projects. R V PUB\DLA W RENCEHUGHES\731135.1 4 RVPUB\DLAWRENCEHUGHES\731179.1 - e. Should any provision, portion, part or section of this Ordinance be held invalid by any court of competent jurisdiction, the invalid provision, portion, part, or section shall be stricken and the remainder shall be severable from such invalid provision, portion, part or section and such remainder shall remain in full force and effect. 1 f. The City Clerk is hereby authorized to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062 with the County of Los Angeles Clerk's office within five (5) calendar days of the adoption of this Ordinance. g. This Ordinance shall be in full force and in effect thirty (30) days after passage. h. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this day of June, 2007. Joseph R. Rocha Mayor Attest: Vera Mendoza City Clerk RV PUB\DLA W RENCEHUGHES\731135.1 5 RVPUB\DLAWRENCEHUGHES\731179.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of.Azusa hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the day of June, 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the day of June, 2007, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Vera Mendoza, City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney RVPUB\DLA WRENCEHUGHES\731135.1 6 R VPUB\DLA W RENCEHUGHES\731179.1 Exhibit "A" Revised Statement of Proceedings RVPUB\DLA W RENCEHUGHES\731135.1 7 RVPUB\DLAW RENCEHUGHES\731179.1 Revised Statement of Proceedings Recording Requested by and When Recorded Return to: Vera Mendoza Agency Secretary Redevelopment Agency of the City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-2550 Exempt from recording fees pursuant to Government Code Section 27383 REVISED STATEMENT OF PROCEEDINGS FORTHE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA The following Statement of Proceedings ("Statement") has been prepared pursuant to Section 33373(c)of the California Health and Safety Code ("Law")which became effective January 1 , 2007: ALL PROPERTY TO WHICH THIS NOTICE PERTAINS IS LOCATED WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA ("MERGED PROJECT AREA"). A DESCRIPTION OF THE LAND WITHIN THE MERGED PROJECT AREA IS PROVIDED AS EXHIBIT"A"AND MAPS OF THE MERGED PROJECT AREA ARE PROVIDED AS EXHIBIT "B." The Redevelopment Agency of the City of Azusa ("Agency") is vested with the responsibility of carrying out the goals and objectives of the Redevelopment Plan. A copy of the Redevelopment Plan for the Merged Project Area may be obtained from the Agency. All proceedings for the redevelopment of the Merged Project Area as detailed in the Redevelopment Plan have been instituted pursuant to Section 33000 et seq. of the Law. AGENCY'S EMINENT DOMAIN AUTHORITY The Agency's authority to commence eminent domain proceedings is outlined in Sections 308 and 309 of the Redevelopment Plan for the Merged Project Area as follows: [Section 308]Acquisition of Real Property Except as specifically limited herein, the Agency may acquire, but is not required to acquire, any real or personal property, any interest in property, and any improvements thereon, located in the Merged Project Area by gift, grant, bequest devise, exchange, lease, purchase, eminent domain, or any other lawful method. It is in the public interest and is necessary in order to execute this Plan for the power of eminent domain to be available to the Agency to acquire that RVPUBOLA W RENCEHUGHES\731135.1 8 RVPUBOLA WRENCEHUGHES\731179.1 certain non-residential real property in the Merged Project Area,as identified in Exhibit "C," Non-Residential Properties Subject to Acquisition by Eminent Domain. No eminent domain proceeding to acquire property within the Merged Project Area shall be commenced (defined as the adoption of a resolution of necessity)after twelve(12)years following the effective date of: • Ordinance No. 03-06 dated October 6, 2003 that adopted this Amended and Restated Redevelopment Plan for those parcels listed in Section 1 of Exhibit "C.° • Ordinance No. 06-011 dated October 2, 2006 that adopted the 2006 Eminent Domain Amendment for those parcels listed in Section 2 of Exhibit "C." The Redevelopment Agency will not acquire lawfully occupied residences within the Merged Project Area, both owner-occupied and rental, by condemnation unless requested in writing by the property owner. The Agency shall strictly adhere to the. following in assessing just compensation and damages to affected owners: The Fifth Amendment to the United States Constitution,Article I, Section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230010, et seq.), the California Relocation Assistance Act (California Government Code Section 7260, et seq.), implementing rules and regulations (Title 25, California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional laws. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill. The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or characterwithin the Central Business District constituent project area, except to preclude the right to explore for, produce, or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Central Business District constituent project area. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. Without the consent of the owner, the Agency shall not acquire property to be retained by a property owner pursuant to a participation agreement if the property owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its RV PUBTLA W RENCEHUGHES\731135.1 9 RVPUBTLA W RENCEHUGHES\731179.1 present site and in its present form and use without the consent of the property owner, unless such building requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape, or use, or it is necessary to impose upon such property any of the standards, restrictions, and controls of this Plan or of any Design Guidelines adopted by the Agency pursuant to this Plan, and the property owner fails or refuses to participate in the Plan or in conformance with any such Design Guidelines by executing a participation agreement. Section 309 Acquisition of Personal Property Generally, personal property shall not be acquired by the Agency. However, where necessary in the execution of the Plan, the Agency is authorized to acquire personal property in the Merged Project Area by any lawful means, including eminent domain. A detail of the non-residential properties that are subject to acquisition by eminent domain is presented as Exhibit C. The Agency has the ability to acquire these properties through the use of eminent domain authority, and all other properties in the Merged Project Area are exempt from the use of eminent domain. The Agency's authority to commence eminent domain proceedings with respect to any of the non-residential properties in the Merged Project Area expires twelve (12) years from the effective date of Ordinance No. 03-06 dated October 6, 2003 that adopted the Amended and Restated Redevelopment Plan, and Ordinance No. 06-011 dated October 2, 2006 that adopted the "2006 Eminent Domain Amendment". The Agency may only extend this time limit by amendment of the Plan. Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. In addition to the above limitations, the Agency has promulgated rules for owner and tenant participation which provide reasonable opportunities for owners of property and tenants in the Merged Project Area to participate in the Redevelopment Plan. Accordingly, the power of eminent domain shall not be exercised except in compliance with the rules and procedures set forth therein and as shall be amended. Filed for recordation with the Los Angeles County Recorder for the Redevelopment Agency of the City of Azusa, California. Dated: 2007. Vera Mendoza, Agency Secretary RVPUB\DLA W RENCEHUGHES\731135.1 10 RV PUB\DLA W RENCEHUGHES\731179.1 Attachments: EXHIBIT A: Legal Descriptions of the Central Business District and West End Projects EXHIBIT B: Maps of the Merged Project Area EXHIBIT C: Detailed List of Non-Residential Properties Subject to Eminent Domain RVPUB\DLAWRENCEHUGHES\731135.1 11 , RVPUB\DLAWRENCEHUGHES\731179.1 i EXHIBIT A TO THE REVISED STATEMENT OF PROCEEDINGS Legal Descriptions of the Central Business District and West End Projects R V PUB\DLA W RENCEH UGHES\731135.1 12 RVPUB\DLAW RENCEHUGHES\731179.1 4 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA+• CALIFORNIA 1 E REDEVELOPHL14T PLAN FOR THE AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT - . I Adopted September 18, 1978 Ordinance No. 2062 Ameaded July 2, 1979 Ordinance No. 2077 _, . . PROPOSED p'DEVELOFHENT PLLtd loR THE AZUSA CENTRAL BUSINESS DISTRICT REDEvELOPMEIT PROJECT INTRODUCTION The Redevelopment Plan ("Plan") for Icon si sts of the he Azusa l Textand roent Plan Map ("Map"-) • This Plan has been prepared by District Redevelopment Project ("Project" savant to .the Redevelopment Agency of the City of Azusa ("Agency") Pu the Redevelop 9 the Community lifornia Redevelopment Law of the State oi}eaCalifornia"Consti- opment Law") , the United States Constitution, The tutd ordinances. ion, and all applenrb Lawlisa locatedl laws �in the California Healthf and la Commvnity.Redevelopm Safety Code, Section 33D00, et seq- 2Dg) PROJECT AREA BOUNDARY The boundary of the Azusa Central Business District Redevelop- ment Project area (-Project area") is illustrated on the Map. The legal description o£ the boundary of the Project area is as follow Angeles, That certain real property in the City of Azusa, County of Los State of California, described as follows: AREA 1 Beginning at the southeast corner of Lot 36, Block 77 of the Flap of Azusa, recorded in Book 15, Pages 93-96 of map recosaid ds point the Office of the County Recorder of Los Angeles County: said point also being the northwest corner of First Street and the alley between northerly 125 fe'etltoetheAvenue northerlyl line of Paz ela3 o£�Pazcel Map nce recorded in Book 4, Page $7, of Pazcri rigMaps; thence westerly along ht of way line of Azusa Avenue this northerly line to the easterly (IOD feet wide) : thence northwesterly Azusa; thence was' ezlya alongthenorth- 16, Block 76, of said Map ly- of said Map o£ Azusa; erly line o£ Lot 16 to the northwest corner thereof; thence wester to the northeast corner o£ Lot 6D, Block 76, thence noxthGabrieloA9 Avenue Azusaerly Avenuight e Avenuef toathe lwesterly aright y between San (80 nof orthwest rlyfalongSan Geiel westerlyerightfoftw3ydlinetofn Sance cGabriel nq Said point also being the north- Avenue through its various courses to the southeast corner o£ Lo 12, Block 70, of said Hap of Azusa, wL-st corner of Second Street and Son Gabriel Avenue f10U feet vide); thence easterly along the northerly richt of way line of Second Street (60 feet wide) to the sov theast coiner of Lot 24, Block 69, of Map of Azusa, said point also being the northwest corner of ^i Second Street and the alley between Azusa Avenue and San Gabriel Avenue; thence northerly along the westerly right of way line of last mentioned alley 120 feet wide) to the southeast corner of Lot 34, Block 53 of Map of Azusa, said point being 250 feet south of the southwest corner of Fifth Street and the alley between Sen Gabriel Avenue and Azusa Avenue; thence westerly along the southerly line of said Lot 34 to the easterly right'of way line of San Gabriel Avenue (1D0 feet wide); thence westerly to the southeast corner of Lot 10-, Block 54 of said Map of Azusa; thence northerly along said westerly line of San Gabriel Avenue to the centerline of Lot 1D, Block 43 of Map of Azusa, said point being 237.5 feet southerly of the southwest corner of San Gabriel Avenue and Sixth Street; thence westerly along said centerline of Lot 1D to the easterly right of way . line of the alley between 'San Gabriel Avenue and Angeleno Avenue; tbenca southwesterly to the southeast corner of Lot 29, Block 43 of Map of Azusa, said point lying in the westerly right of way line of last mentioned alley and being 250 feet south of the southerly right of way line of Sixth Street; thence northerly along the westerly line of last mentioned alley to a point that is 27S feet southerly of the south line of Foothill-Boulevard ODD feet wide); thence east- erly to the southeast corner of Lot 37, Block 38, of Map of Azusa, thence northerly to the northeast corner of Lot 38, Block 38, Map of Azusa; thence westerly along the northerly line of Lot 38 and its westerly prolongation to the west line of the alley between San -I, Gabriel Avenue and Angeleno Avenue, said point being 225 feet south of the southerly right of way line of Foothill-Boulevard; thence northerly to the northeast corner of Lot 15, Block 38, Map of Azusa; -thence westerly to the northwest corner of said Lot 15 to a point in the easterly right of way.line of Angeleno Avenue; thence west- erly to the southeast corner of Lot 1, Block 39 of Map of Azusa, said point being at the westerly right of.way line of Angeleno Avenue; thence westerly 5D feet to the southwest corner. of said Lot 1; thence northerly 150 feet to the northwest corner of said Lot 1, said point being in the southerly right of way line of Foothill Boulevard; thence northerly to the southwest corner of Lot 1, , , Block 26 of Map of Arusa, said point being in-the northerly right of way line of Foothill Boulevard;.thence 50 feet east to the northwest' corner of Foothill Boulevard end Angeleno Avenue; thence northerly along the westerly right of way line of Angeleno Avenue (80 feet wide) to the northeast corner. of Lot 22, Block 26, Map of Azusa; thence northeast- erly along the southwesterly.right of way line of the Atchison, Topeka and Santa Fe Railroad to 'a point which is on the center line of Angeleno Avenue (80 feet wide); thence northerly along said center line of Angeleno Avenue and its northerly, prolongation to the north- erly right of way line of the Atchison, Topeka and Santa Fe Rail- _ road; thence northeasterly along the northerly Railroad right of way line to the intersection with the east right of.way line of the alley between Angeleno Avenue and Sen Gabriel Avenue; thence north- / erly along said mentioned line to a point on the northerly right of l way-line of the Atchison, Topeka and Santa Fe Railroad, said point -2- ( the -)ring 30 !e et south measured zt ri ht an°thence northeasterlya along y Rail- line of Lot 25, S1cY. 22, °%ao o`_ o int on 'h westerly right of wa)• line of said nor ihwesterly line of the tcY.isonI Topeka and Santa Fe e ol- Said ht of road rioht of way to a p _ r;l wSan ay Gabrielline of San Gabr. In Avenuetto the southeast corned of ).the east- way _ o S Point on Block 22, 14ap of Azusa; thence northeasterly isa is point being the north- erly right of way line o£ ,San 211 Mapn Of�Azusa;Pthence, north- southwest corner of Lot 45, Block 21, lisp of Azusa; thence; erly to the northwest corner of Lot 03'rly line thence rolon9ation of the easterly 140 feet feet al ngthe e the easterlyspro Lot 43; continuing e e Of whichnortheisy line 0 southely4linehofcParcelhl of Parcel if Map recorded.eet to a t he in Book 41 Page- 77; thence northeasterly rtheasterly along, he westerlythe north rights of Railroad right of way thence northerly along the way.line of Azusa Avenue (80 feet 'wide): as it existed Decem- westerly right of way line of Azusa Avenue to the southwest corner of Azusa Avenue and Ninth Street (60 feet wide) , be 27, 1966; thence westerly along the south line o£ Ninth Street to the southeast corner of Ni: Lhenceenortherly thet e,nd San e southwest l Avenue er cor- it existed December 27, 1966; said point also being the nes of Lot 24, Block 12 of Map of Azusa, Avenue; Stree el northerly on the easterly rightrner of Ninthtof way lineofe said t 22, Block ner 0 Avenue (100 feet wide) nthbe ingtlO Dsfeetrnorthf ofthe 2n northerly of Map of Azusa, -said P° along the southerly line of :line of Ninth Street; thence ezolonlation to the noalone5thecorner north- said Lot 22 and its exsteofyAzusa; thence easterly 4 of Lot 11, Block 12, MaP _ erly to the' sou southwest corner of Lot 22, Block 13, lion of line of Lot 11 to the westerly right of way line of Azusa Avenue; thence easterly the easterly right.of, way line of Azusa Azusa; thence south alonga Ninth Street Avenue to the northeast tcorner e easterly aAvenue long t), n rtherly right s of ue existed July 19, 1963; northerly right of waY way line of Ninth Street en the northwest corner of Alame a ven end Ninth S edat Avenuethenc (100 feetwide)n 100 feetstortht southeast lrne of Alam Block 13 of Map of_Azusa, said point being 100 corner of Sat 10, thence feet north of the northerly line of Block h14 ofaMaptof thence to the southwest corner o£ Lot 22, easterly'along the south line of Lot 22 and its easterly prolonged - tion to the easterly rightof thence dine of fythe ng l the ey beasterlylright Avenue and Dalton Avenue, the ofway line of the last mentioned alley to the northeast carne of Ninth street and last mentioned alley; thence easterly along northerly right'of way line of Ninth Street to the northeast corner of Ninth Street and Solder_, Avenue (8offeet Soldan, Avenue nto ace opi point along the easterly right of way • thence sovth- of intersection with the northeast prolongation de the encessoutheas right of way line of Santa Fe Avenue (60 feet wideu north- along along the sant erlk 29n of lap ofe of Azusre a,�saidtp int lying _ west corner of Lot 32, . inthe Alameda Avenue; of thence southerly along y line of the l the easterlyAi ghtnOfnway -3- corner of ot 49, line of last n, ntic.ed alley ti ?oi ntoM inos150 feet northerly Blocl; 29, of Map of Azusa, of the northerly li=.e of Foothill Boulevard; th=olonoationitI the g the southerly line Df Lot 49 and its easterly p easterly right of w_y line of Alameda Avenue; thence southerly along the easterly =ine of Alameda Avenue to the southeast corner eof Sixbrly linesotret fec Sixth Streatdto thea southeast cornerp.,ene; thence lofaSixthtStreetth - and the alley ixtwe=_n Alameda and Azusa Avenues; thence southerly along the easterly richt of Ble in xkl77, of 14aplastofeAzusaed Said ePoint y to talso southwest corner of Lot B, thence being 550 feet north of the northerly line of F£r to thewesterly easterly along the southerly line of said Lot 8, lime of Af Alameda Avenue, said pointyto alsotbeinghe s the y right northeast f northeast waylineoe corner of Alameda Avenue and the alley between Second Street and First Street: thence: southerly along the easterly right of way line of Alameda Avenue to the southerly right of way line of First Street way (80 feet wide); thence westerly along th{osokshtersectionht f with of First Street 135 feet, more or less• the ramp right of way line of Interstate Highway 210; thence South- erly and westerly along said Interstate route right of way line and its easterly linepoflAzusaz Avenueits (160intersection wide) aswith itthe existedwesterly right of way pazch 10, 1978; thence northerly along prolongation to the ointer- line of Azusa Avenue and its northerly prolongation 80 feet wide); thence e of First Street ( section of the northerly lin . - easterly along the northerly rb ight of way line f First Street to ; +:a the point of beginning. AREA 2 Beginning at the intersection of the westerly right of way line of AZUs, Avenue shown onand a map recordedyino Bonk n 268, Page Lot 740, ofof act No. 13426. Maps, in the office of the Los Angeles County Recorder; thenee westerly along the s pointlalso lying sindtheteasterly7 to erighthofst corner thereof, said way of the alley between San Gabriel Avenue and Azusa Avenue: themore northerlyo tsaid he east therlyyright alley right a fway line Ofl Interstateine 196s Highway or less, t Route 210: thence easterly along said southerly right of way line through its various courses to the westerly right of way line of Azusa Avenue; thence southerly along the westerly right of way line of Azusa Avenue. ARBA 3 p No. 2426, recorded in Book '35, Page parcel. 2 of parcel lfa 9 of CountyarcelMaps in and Parcel 2 thethefparcel map rLce of the ecorded in r Book 12, page 939es / y. o£ Parcel lmps situatedf ate the northwestIf theycorrnd nerof Azusaer of Said and Said land being a depth of 250 feet on Azusa Avenue an Gladstone Street and having 363.80 feet on Gladstone Street. -4- AREA 9 That portion o£ Lot 56 of s-a counsubdty tsion of Los° 2 of Angeles,a stateof per nay recorded in Book 93, page 94 o£ Haps in the and Vater Co. in the City o£ Adv sa, Covn y described as Soll ocs: C,-Ii tornia, as p Recorder o£ said County office of the County Beginning at the intersection of the Resterly lot line of said Lot Northe 56 and Tenth Street, 60 feet wide; thence East 650 feet along the thence rigbt-of-way of said Tenth Street to the true point of beginning; North 160 27' 45" Keay.aSdistance rra lf0 dre3BoOvlevard,2 feet t 100 feeto a t-'as; e rf5bt-oi- vtherly right-of-way of said Sierra Southerly along the So. thence Northeasterly Badre Boulevard, 930-18 feet to a curve that is concave Southwesterly and Saving o to a line Which a radius o£ 25.00 feet; thence along said curve South- re - easterly 36.07 feet tlrn aOfaVernonoA venue,4100 feet wide;' thence is thuth esterly e cost F.esterly s ovtb 29° 37' 92" East 905.62 feet to a curvesaidc curve ave oSovtbwesterly. haw iag� b an arc o£ 22° 37 93" to a curve concave Forth a radius o£ 460.53 feet, thence a ong 180 2p feet tbrovg thea ce along said curve westerly having a radius of 25.00 feet; 57 38" to a line 'ovtbwesterlp 92.31 feet tbrovgb-an arc o£ 96° most ]'.ortbera right- line of Tenth Street; thence ;b ich is the mo point of .Sest along said right-o{_way line .662.83 feet to the rue ginning- - AREA 5 All of Tract 2OB94 .pex-tmayCzecorded inty of a30oku903,opages 75f 1,Os g80.R- State of Caliioraia, LSaps in the Office of the County Recorder of said County described as follows: Heginnin4 at the Southeast corner of Lot 24, Tract 20899, es recorded in Book 903, Pages 75-80 of Oficial Maps of Los to the Angeles County Recorder;-thence North ach 2p8944"thenceast 941.55 North 40°t29' 6" Southeast corner of Lot 1, ri bt-o£-way of Sierra Madre Boulevaza 100 feet wide; thence Southeast along the West a distance of 79,77 feet to the Southerly 9 86.33 feet Southerly right-of-way of said Sierra Madrradius eofr 25400 feet; said curve Southwesterly 40.05 feet through an arc to a curve concave Southeasterly having thence along of 91° 46' 39" to a line which is the most Easterly line of Vernon Avenue, 100 feet wide; thence South tat is,concavesNorthe easterly f 729 feet, more or less, to a curve th and having a radius of 25.00 feet: �enolineowhich iscthe most 96 feet through an are of 84° 92' 32" Northerly right-Ii-w., line of Tenth line of Tenth StreetStree �78.05cfeetoto the _rtherly -roint of beginning- -5- _ pATICEL 1. M1• All -that portion of Lot S3 of Azusa Land and linter Co. 's Sub- , zs. per map recorded in Book 93, Page 99 of Sivisdon No. 2 in the City of Azusa, in the County of Los Angeles, ate of California :i s, is the office of the County Recorder scell aneovs Recordof said s :ouuty described as follows: Beginning at a point on the Northerly line of Tenth Street, abfcb pointis SolimeNorth Northerly h scorner said ofTentbStreet205 feet, � 33; thence to the South erst corner of Lot 3, Tract 14540, as sore or less, recorded in It* Book 9o0, Pages 19 and 20, o£said T Of theract 1959400377 county Recorder; thence along the East boundary of T3 feet 81-63 tteet to az twope sincbet n pipet set ein.concrete; thence; tbeDce Noytb 20 North nt 6 degroiatlbeingu.nnt sthesdividing line between1.75 eet to a Lots83 end79tot62� said p inclusive of the ointeaat ofincb pipe bears aSovib 6'degreesSubdi15 No 2 from said p iia ttl2OEfeet3to afeet; two inebthence pipev sets indconcreteo thencesSontbe32n ds seconds55 'East 0 Mt sc44 concrete; tb a teaeeSovtb 23degrees00eivcb pe minutes Vest 130.02 in Mt to a two-inch pipe pet in coacret e; thence due South 669.90 \ concrete; said point. being in et to a two-iacb pipe set in the T7ortb line of Tenth Street, and tbe•true point of beginning. PARCEL. 2: That portion of Lot S4 of Subdivision No. 2 of Azusa Land ?nd Wzte; State Subdivision, So asbper1ty Of map recorded in Bookin the C43, page 94 ofunty of Los nMises, celleneovs Records, is the office of the County Recorder of said County, described as follows: Beginnirq at a point it, the Northerly line of 10th"Street, which said ot 84, point is 60 feet North Of the Southtscomeet in concrete;Lthence which point is marked by t+.+o-iacb pipe of loth East along the Easterly prolongation of thY NthancelNorthea distance a distance o£ 70.40 feet to a Pop _ int;" Street, int; thence East a distance 'of 122 feet to a de of 1BD feet to a po int; thence North thence e- rates East a distance of 313 feet to a point; thence North thence North a distenca of 103 feet,to a Snt; thence 9rees 56 min int; 71 degrees 12 minutes East a distance o£ 60 feet to a North 42 degrees 1 minute East a Westa aedistance53 eof 73 feet to a thence North 5 de9rees 56 minutes a distance peynt. thenc>ntin th encs Seg ouths 831degreess29eminvtessWest, of 80.7 t feet to a po' -6- ,f 54 feet to a point; thence 88 degrees 50 rinvtes Wiest, a distance _:S 70 feet do a point; thence ):orih 60 degrees 35 minutes lest a Sstance of 43 feet to a point; thence l:orth 49 degrees 26 miaites Test a distance of 209 feet to a point; thence North best a distance of 122 feet to a point; thence Nortb 55 degrees 13 minutes 29 degrees 47 minutes Test a distance of 50 feet to a point; thence tNOTtb hence 9N degrees degrees43 t93 minutes distance aedistinceB0.45o£e62.73 feetet to a to a t,,-inch Pipe set in concrete in the iesterly line of said Lot 84; thence South 22 degrees 56 minutes Test along said lFesterly line of a distance of 130.04 feet to a two-inch pipe set n °ofrbeginningLe South 670.35 feet along said resterly line to a place PARCEL 3: Land That portion o£-Lot 84 o18t herCityoofNAzusa Azusa I County of Los and Vater Co.'s Subdivision, n e of California, as per map recorded is Book 43, Angeles, Stat page 94 of )Siscell an eous Records, in the office o£ the County -Recorder of said County, described as follows: Beginning at a point. in the Nortberly line . 10th Street, which point is 60 feot et NorabtOf the wo-iach�pipewset in concrner ete- thence BEast hich points is marked by roloagatioa of said Nortberly line of Tenth along the Easterly p thence North 184 ,treat 7D net ence East 1221nt feetftoeal Point; thence South 74.98 'Feet td a po f eet tb a two=inch iron pipe; thence South 29 degrees 47 mi.avtes 30 line of Tenth Street; tbence Vest along said Prolonga- seconds East, 119.90 feet tb a point in the Easterly prolongation o said Northerly tion 181. rue point o{ begianin g. 56 feet to the t i PARCEL 4: 2 of That portion of 1,tC84 of o£ bdivisiontNO CountyAOfsLosaAngnd eles, Co.'s Subdivision, in per.map recorded do B°OkRec' der ofPage Of said is- State of Cali{oraia, as P cellaaeons Records, in the office of the County cedescribed as follows: Beginning at -a point in the Northerly line of 10th Street, point ds 60 feet Norththe Of pip eh sett WrDex is concret esathence id East al oag .point is marked by P t erly prolongation of,the Northerly line ofTeatb Street, a Of 70.p9 feet to a point; thence 77orZhfeaeilioance of tbe true point 'stance ncs of 12 . feet ; tbence East a dista £eet to a po int North 88 de- of beginning; thence North 103 feet to a point; thence grees 56"minutes East 33.45 feet to a point;- thence South 17 degrees 53 minutes 27 spoint o{beginning- econds best 106.89 feet to the true -7- Al-A 7 'neeinning at the ).ort)-.:'est corner of 1,0089, Tract 2D495, ice north 400 feet along the i.asterly right-of-may of Roci:vale 60 feet vf8e to the Southeast corner of Fifth street and ve nve Avenue; thence East along the South right-of-vay of Fifth ockval6 lfeet vide, a distance of 635 feet to a point; thence treet,ckval outheast 173 feet to a point on the Vest line of Lot 11, LR CA Southerly line of Fifth Street; ap 79 a distance of 120 feet from the hence South a distance of 2B3 feet to the laortheast corner of Lot 7B, tact 20495;ct 20495eaKd stance ofb 7601,feete toorthrlythe opoint ofnbeg nnes Of ing. 8 -89, AREA 8 Beginning at a point which is the most Nortbeasterly corner of l,ot 14 of Tract 33793 as shown on a map of said Tract recorded in es tBtenceallorthg0 501 £98aps in jest;t 150 00 feethe Los lto the nmo5te Southerly line th 89° 35' O1" East 968 feet, more or less of Gladstone Street; thence Sov to a point on the City limits; thence Sovtb 'O° 01' 8'• West 375 feet South toga point; then 109o26hfeet-3th en thence North169 20 f35t O1"tleste106.03 A 24' 50" West at- tbence North Do 01' 48" Ezst 198.49 feet; thence ):ortb 890 Q 58' 12" TTest 103.22 feet; thence South 340271 d7havinglT asrad iusl of e45 *o a curve that is concave SovthwesterIT ce along said line curve Northwesterly 22. 99 feet through a "":et; tben16' 35" to a said are of hen wbicb is the most Ezsterly , 98" East 93.21 .feet -to the point of Lot 14; thence Nortb"0° -01' beginning. , Area 9 Beginning at the southeast corner of Sat 38, Block 77 of the Map_of Azusa recorded in Book 15, pages 93 - 96, of map records in the office of the County Recorder of los Angeles County; said point also being the northwestcorner of First Street and the aney-between Azusa Avenue and Alameda Avenue as it existed January 6, 1967, thence northerly 125.00 feet to the northerly line of Parcel 3 of Parcel T4ap recorded in Book 4, page 87, of Parcel Liana; thence westerly along this northerly line to the easterly right of way line of_Azusa Avenue (100.00 feet wide); thence northwesterly to the nortbeast corner of Lot 16; Block 76, of said Tfep of Azusa; thence southerly 200.00feetalong the west right of way line of Azusa Avenue to the northwest intersection of First Street and Azusa Avenue; thence easterly along the northerly,right of way line of First Street to the Point of Beginning. _ -R- Area 1D r maps All of Lots 35 and 36 of Block 53 of atthesoutheasps of Azusa t corner recorded in Book 43, page 44., Beginningcorner of Lot 36; thence west westerlfelDOet t00 feet tottheo thetWest right of id lot, thence continuing Y way line of San Gabriel ofAvenue* Gabrielthence Aven a;5thenceaeast 11D0.00e west .right of way said point being on the feet to the northwestcomerof Lot 35, east right of way line of San Gabriel Avenue; thenceencens uth. 5D50D1feet0toeet theto the north &at P int of Seginningrner of Lot 35; f -9- � C t PROPOSED ' SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT i APRIL 1961 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA,CALIFORNIA / EXHIBIT A i _.. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT GENERAL DESCRIPTION OF THE AMENDED BOUNDARIES OF THE AREA WITHIN THE AZUSA CENTRAL BUSINESS DISTRICTREDEVELOPHENT PROJECT The original and previous an boundaries of the Azusa Central Angeles County Business District previous an Project are legally described in 1978 and as Document documents recorded with the County Recorder of Los g as Document No. 78-10399511 n $r'Ptember 19'The oundaries of the land proposed No. 79-776740 on July 16, to be added to .the Project area by Amendment No. 2 are legally described as follows: Count Of Los That certain real property in the c= Led asAfollows: y Angeles, State of California, _Y.. AREA 11 That portion of Lot 68 of Subdivision of Los APrgeleszusa �,dSta tandIla gofer Company, in the City of Azusa, Y California as per maP recorded in;Book 43, Page 94 of Naps in heLooffice7 and Of theX24 of Block-cord26 0£ ther rof e N. apvofYAzusaand tre ordedion in Nap Book 15, Pages 93-96 of Naps in the office of the County _ Recorder, County of Los Angeles described as follows: Block 26 of the Mae Beginning at the southeast corner of Lot 1, of Azusa recorded in Book 15, pages 93Covnty;Msaid point alsoaps in the of the County Recorder of Los Ano being the intersection of the westerly right-of-way line of ide) and northerly right-of-way line Angeleno Avenue IBD feet w rd li (10D feet wide); thence northerly along of Foothill Bouleva -way ne of Angeleno Avenue 300 feet, said westerly right ,southerly rig ht-'of-*ay line of the Atchison more or less to the Topeka and Santa Fe Raidwsovthezly right-of-wayelinelof)the southwesterly along Fe Railway 875 feet more or less to Atchison Topeka and Santa the intersection of the northence therly right-of-way line of Foothill r Boulevard (100 afeet wide); Bovlevardanda it sgprosaid longation northerly rightway 825 feet more or less back to the Point of Beginning. i C r J ARBA 12 That portion Of Lots 16-19 0£ Block 76 of Fthe Map of Azusa recorded in Book 15, pages 93-96 Of sap records in the Office of the County Recorder of Los Angeles County; and that portion of Lots 57-70 and 76-81 of Tract No. 14069 recorded in Map Book 289, Pages 7 and 8 of map records in the office of the County Recorder of Los Angeles County; end that portion of Block B Lot 1 0£ Subdivision No. 1 of Lands of Azusa Land and water Company recorded in MR 16, 17, 18 in the Office of the County Recorder of Los Angeles County; and that portion of Lots 36 and 37 of Tract No. 13963 recorded in Map Book 260, Pages 20 and 21 of map records in the office of the County Recorder, County of Los Angeles, State of California described as follows: Beginning at the northeast comer of Lot 16, Block 76 of the pap of Azusa recorded in Book 15, pages 93-96 of map records in the office of the County Recorder o£-Los Angeles County; thence westerly along the northerly line of Lot 16 and its prolongation to the soutb- east corner of Lot 61, Tract No. 14069; said easterly line of Lot 61 also being the westerly right-Of-way line.of the alley between San Gabriel Avenue and Azusa Avenue; thence northerly along said the alley to the intersection of the westerly right-o£-way line of San Gabriel Avenue I8D feet wide); westerly right-of-way line of f thence in a northwesterly direction along. the westerly right-of-way line of San Gabriel Avenue and its prolongation through its various .courses to the southeast corner of Lot 39, Tract No. 14069, said point also being on the westerly right-of-way line Of San Gabriel Avenue; thence southerly along said westerly right-of-way line of San Gabriel Avenue (60 feet wide) 850 feet more or less to its intersection with the northerly right-Of-way line Of First Street (80 feet wide); thence westerly along said northerly right-of-way line of Fust Street and its prolongation to its intersection with the westerly right-of-way line of Angeleno- Avenue (60 feet wide); thence southeasterly 180 feet more or less to a point, said point being the intersection of the southerly right-of-way line of First Street and the northerly right-of-way line of Interstate Highway 21D; thence southeasterly along said Interstate Highway northerly . right-of-way line and its prolongation to its intersection with the westerly right-of-way line of Azusa Avenue (10D feet wide); thence northerly along the westerly right-of-way line of Azusa Avenue and its northerly prolongation to the point of Beginning. k ...� ARBA 13 -B of Block 77 of the Map of Azusa recorded That portion of Lots 1 fn Book 15, Pages 93-96 of map records in the Office of the County .Recorder of the City of Azusa, County of Los Angeles, State of California described as follows: Beginning at the southwest corner of Lot B, Block 77 of Map of Azusa recorded in Book 15, Pages 93-96 of mapdrepcointsa so being in the Eiee of County Recorder of Los.Angeles County: 550 feet more or lessorth Of the easterly alongrthe souththerly erlyle fline sofs said t (BD feet wide); Lot B and its prolongation to the easterly right-of-way line o Alameda Avenue (1DD feet wide) said point also being the northeast corner of Alameda Avenue and the alley between Secondstreet (60 feet wide) and'First streetline ofeAlameda,Aveenueetoo itsaiatersecrly g said easterly right-of-way _ (60 tion with ththCehwesterlyhalongwsaid northerly re of ight-oftway feet wide), with theriht line of Second et tthheealley locatedto its ebetween nAlameda Avenueeand Azusa .of-way line the easterly right-of-way line Of Avenue; thence southerly along said alley and its prolongation to the Point of Beginning. AREA 14 11 and 12 of Block 84 of the Nap of That portion of Lots 3, 10, Azusa recorded in Book 15, Pages 93-96 and Lots 67 and of in Subdivision No. 2 Azusa Land and Water Compy n the City O of an Azusa as per Map recorded in Book 43, Page 94 ofelesMaps in e State Office of the County Recorder, County of Los Ang California described as follows: he Map Beginning at the northwest co paresf 93�963o£BMaps in the lock 84 of tOffice of Azusa recorded in Book 15, 9 said point also of the County Recorder, County of Los Angeles, being the intersection of the eaanderl tha southerlyway line of right-of-way Pasadena Avenue (BO feet wide) DO feet line of Atchison Topeka saand d easterly righta-Of`way line of de): thence southerly along de) the Pasadena Avenue (BO feet thencet east erlyvalong tthe rt southerner of ly 3 ,of said Map of Azusa, lot line of Lot 3 to southeast corner of Int 3, Block B4, of. said Map of Azusa; thence H4eo£ethevtherly along a Nap of Azusa, andetheerly lot easterlyl fines of Lots 4-9, the terminus er of Block Street of Dfeet Azusa:wthenceowesterlytalong thenorth- of Lot 1D, of said Map erly lot line of said Lot 10 13B.33 feet: thence southerly 31 the __. feet along a line parallel to, and 138,Y3o'aeetlfromsaid Point easterly' lot lines b£ Lots 10-12, Map of use, Po being on the northerly right-of-way line of Foothill Boulevard (100 feet wide); thence easterly along the northerly right-of-way line of Footh to the yntersectiol BoUlaVard nhoftthe prolongat on of230 thefeet more or less, ; thence easterly right-Of-way line of Alosta Avenue {9D feet wide), southeasterly along said easterly rightrof-way line of Alosta terly Avenue and its prolongation to its intersection with thence snorth- right-of-way line of ..Rockvale Avenue (40 feet wide); erly along said easterly right-of-way line of Rockvale Avenue and its prolongation (sa$oka43erpay9eei94 o £Maps innthefOffi eale of the Avenue shown in Map the County Recorder and"No Santa d )Ra'lway rightsectionlineh thence west- Atchison Topeka erly along said Atchison Topeka and Santa Fe Railway right-of-way line to the point of Beginning. Shat portion of Lot 42, 54 and 55 of Subdivision No. 2 Azusa Land and Water Company in the City of Azusa, County of Los Angeles, State of California, as per map recorded in Book 43, Page 94,of Haps in the Office of the County RecorderOf said County described as follows: Beginning at the northwest corner of the intersection of the west- . erly.right-of-way line of Vernon Avenue I65 feet wide) and the northerly right-of-way line of 8th Street (30 feet wide); thence westerly along the northerly right -way line of 8th Street 963 feet more or less to a point, said point being the intersection of the northerly right-of-way line of 8th Street and easterlrl _ right-o£-way line o£ Georgia Place (30 feet wide); y along said easterly right-of-waY line of eeozgia Place 35.64 feet to the southerly lot line of Lot 55 of Subdivision No. 2 Azusa Land and Water Company; thence westerly 1246.29 feet more or less along the southerly lot lines of Lots 42 and 55 of Subdivision No. 2 Azusa Land and Water Company, to a point, said point being on the easterly right-of-way line of Loren Avenue (6D feet wide); thence northerly along 263 40 feet aid along atline parallel to and 60 feet froeY line of Loren Avenue So m et; . thence easterly the northerly line of Lot Y Of Tract No. 19072 in the City of Azusa, as shown on a map recorded in Book 282, Pages 20-21 of Maps in the Office of the Los Angeles County Recorder; thence due north 1000 feet more or less to a point, said point being on the southerly right-of-Wee line of the Southern Pacific Transportation Company right-of-way (10D feet wide); thence southeasterly along said southerly right-of-way line to its intersection with the westerly 'right-of-way line of Vernon Avenue (65 feet wide); thence southerly along said westerly right-of-way line through all its various courses to the Point of Beginning. AREA 16 That portion of the East 1/2, Southeast 1/4,2 of So. Southeast 1/4 of of Section Section 2 and South 1/2 of Southl/ of S ae8ernardino Meridian, _ 2 in Townsbip One North, Rano City o£e essastatethe of CaliforniaCounty describedRecorder as follows: of LOS Ang Beginning at the intersection of the North Line of the South 1/2 .of the South 1/2 of the Southeast 1/4 0£ Section 2 in Township "One North. Range 10 Meridian and the West of San Bernardino said s Avenue westerly right-oflocated on theCity ?£ F line of y Boundary of City D feet )of Azusa; point also being thence south, vest, South and west along said City of Azusa City Boundary to a point established by a line having a bearing of erly North 00 22' l290 ine Fast C itrustAvenueance f(700 feet twide) and the from the tinter- xight-o£-way thence North 00 22' 29" East section Of said City Boundary; th 527.52 feet to a point; thence North 410 22+ 47^ East to a point, rly right-of-way line of Citrus said point being on the weste City Boundary of said City; thence Avenue (80 feet wide) end the south along said City Boundary back to the point of Beginning. _; PROPOSED THIRD AMENDMENT _ TO THE REDEVELOPMENT PLAN FOR THE AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT r _ REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA, CALIFORNIA i � t LEGAL DPSCRIMOK FOR ADDED AREA NO.17 OF TEE AZ17SA CENTRAL BDSD4YSS DJYMCP ILEDEVELOPMPIIT PROJECT. AMENDMENT THREE That portion of Rancho Azusa De Dalton bounded by Lots 72, 73, 74, and 75 of Subdivision No.2; Azusa Lend end Wafer Compeny as per map recorded in Book 43, Page 94 of Reeords,in the Office of the County Recorder of the County of Los Anreles:_ Miscellaneous . Except therefrom those portions lying westerly and northwesterly of the centerline of.the-..- State Highway know' es Road VII-LA42-A, also known as San Gabriel Canyon Road, as shown on County Surveyor's Map No. B-1140 on file in the Office of the Surveyor of said ty,as conveyed to the State of California by Deed recorded in Book 14737,Page 44 of Coun Official Records of said County. Also except therefrom those portions lying easterly and northeasterly of the easterly line of Azuls and San Gabriel Canyon Road as descrfbed in the Deeds recorded in Book 1369, Page B7 of Deeds and in Book 6701,Page 219 of Deeds,Records of said County. Also except therefrom that portion of Lot 72 described as follows. er of the Parcel of land described in the Deed to Beginning at the northeasterly corn Reymond Reido end Wife, recorded in Book 23366, Page 297, Official Records of said .: County said comer being fl point in the westerly line of Azusa end San Gabriel Canyon Road, ded in Book SM, Page 219 of as described in the Deed to the County of Los Angeles,Recor Deeds, Records of said County, distant thereon north 4 degrees 13'Kest 641.13 feet from the intersection of said westerly line with the northeasterly line of the IDD foot strip of lend described in the Deed to the State of California,Recorded in Book 14699,Page 269,Official Records,thence,west in a direct line to a point in the center line of slid loo foot strip of along said center line to As intersection with the southerly. lend, thence southerly Prolongation of the easterly line of Azusa end San Gabriel Canyon Road; thence northerly along said prolongation and said easterly line to the easterly prolongation of the northerly line of the parcel of land described in said deed to Raymond Raido and Wifa. Thence westerly along said easterly prolongation to the point of beginning. LEGAL DESCRIPTTOH FOR ADDED AREA HO.1S OF THE AZUSA CEH IAL BOSMESS DISTRICT REDEVELOPMENT PROJECT,AMENDMENT TERSE The westerly 215 feet of Lot 4 in Block 64 of Maps of.Azusa Tract az per map recorded in Book 15, Pages 93-96 inclusive of Miscellaneous Records, in the Office of the County Recorder of the County of Los Angeles. - - r r r , AMENDMENT NO.V TO TRE REDEVELOPMENT PLAN FOR THE A ZUSA CENTRAL BUSDIFSS DISTRICT REDEVELOPMENT PROTECT September,1964 Prepared by: CITY OF AZUSA REDEVELOPMENT AGENCY 213 E.Foothill Blvd. Azusa,Oalifornia 91702 and 97UNICIPAL SERVICES,INC- 712 No.Diamond Bar Blvd. Diamond Bar, California 91765 \ C.0 Hurl n L. - r The following is a legal description of the Comer Miller Erevery Property in the City of Arose, California: . That portion of Lot 42, 54 and 55 0£ Subdivision No. 2 Azusa Land and Water Company in the City of Azusa, County of Los Angeles, State of California, as per map recorded in� Book 43, Page 94 of Maps in the Office of the County Recorder of said County described as follows: Beginning at the northwest corner of the intersection of the west- erly right-of-way line of Vernon Avenue (65 feet wide) and the northerly. right-of-way line of 8th Street (30 feet wide); thence westerly along the northerly right-of-way line of Bth Street 963 feet more or less to a Point, said point being the intersection of the northerly right-of-way--line of 8th Street and the easterly right-of-way line of Georgia Place (30 feet wide) ; thence northerly along said easterly right=of-way line oflGeorgia Place 35.64 feet to the southerly lot line of Lot 55 of Subdivision No. 2 Azusa Land and Water Company; thence westerly 1246.29 feet more or less along - the southerly lot lines of Lots 42 and 55 of Subdivision No. 2 Azusa land and Water Company, to a point, said.pdint being on the easterly right-of-way line of Loren Avenue (60 feet wide) ; thence northerly along said easterly right-of-way line of Loren Avenue 60 fee' thence easterly 263.40 feet along a line parallel to and 60 feet from the northerly line of Lot 2 of Tract No.. 14072 in the City of 'Azusa, as shown on a map recorded in Book 282, Pages 20-21 of Maps in the Office of the Los Angeles County Recorder; thence due north 1000 feet more or less to a point,' said point being on the southerly right-of-way line of the Southern Pacific Transportation Company right-of-way (100 feet wide); thence southeasterly along said southerly right-of-way line to its intersection with the westerly right-of-way line of Vernon Avenue (65 feet wide); thence southerly along said westerly right-of-way line through all its various courses to the Point of Beginning. LEGAL DESCRIPTION Or MERGED PROJECT AREA Exhibit"B•Y Central Bustrress District Pt°7ect Eighth AmmdmeM Areas s LEGAL DESCRIPTION CITY OFAzUSA REDEVELOPMENTAGENCY CEN78AL BusINESSDISTRICT—EIGHTHAmENDMENT AREA NO.I , ASSESSOR'S REFERENCE:8608-024-004 A parcel of land in the City of Azusa County of Los Angeles,State of California,being Parcel 1 of Parcel Map recorded in Parcel Map Book 4, Page 77, records of said County,described as follows: LEGAL DESCRIPTION - commencing at the intersection of the centerlines of San Gabriel Avenue and 90 Street as said intersection is shown on Parcel Map recorded in Parcel Map Book 16,Page 80, records of Los Angeles County; thence S61°54'35"£ 85.03 feet to a point on the southerly line of said 9'a Street,also being the northerly termines of a curve concave to the southeast and having a radius of 25 feet, and said point being the POINT OF BEGAINING; thence along the boundary of said Parcel 1 through the following courses: S89°58'20"E 249.99 feet to the beginning of a curve,tangent at its point of beginning,concave to the southwest with a chord of 3535 feet and having a radius of 25.0D feet;thence southeasterly along said nave through a central angle of 8905870" an am distance of 39.26 feet thence South 419.08 feet;thence S69033'50"W 160.07 feet thence North 60.03 feet thence Ng9°5820"W 149.99 feet thence North 414.99 feet to the beginning of a nave, tangent at its point of beginning, concave to the 1 southeast with a chord of 35.36 feet and having a-radius of 25.00 feet thepce northeasterly along said curve through a central angle of WOW an arc distance of 39.28 feet to the POINT OF BEGINNING. Containing 136,535.41 square feet or 3.13442 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction from record sources. Leeds Soloff P.L.S.5344,Expires 12/31/03 � r r LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CE1VTR4L BUSRY=DLSnUCT—ETGTTHADZE7OMENT AREA NO.1 ASSESSOR'S REFERENCE:8608017-023 A parcel of land in the City of Azusa,County of Los Angeles,State of Catifomia,being a portion of the Lemon Tract, as recorded in Book I1 Page 108 of Maps, of said County,described as follows: Commencing at the intcrsection of the centerlines of Pasadena Avenue and 9's Street as said intersection is shown on said Lemon Tract;thence N29044142"E 80.62'to a point on the westerly line of Lot 8 of said Lemon Tract, said point being the northerly terminus of a curve concave to the northeast and having a radius of 25 feet, and said point being the POINT OF BEGINNING; thence ND°0'0"E 95.00 feet along the westerly line of said Lot 8 to tha northerly comer thereon;thence S9010'0"E 415.00 feet along the northerly line of said Lemon Tract to the northeast comer of Lot 1 of said_ Tract;thence SO°0'0"E 12D.D0 feet along the easterly line of said Lot 1 to a point on a line parallel with and distant 45 feet northaly, measured at right angles, from the centaline of said 9s'Street; thence Ngo°D'o"W 390.00 feet along said parallel line to the beginning of a curve,tangent at its point of beginning,concave to the northeast with a chord of 35.36 feet and having a radius of 25.0D feet;thence northwesterly along said c e through a central angle of 90°0'0"an arc distance of 3927 feet to the POINT OF BEGINNING. Containing 1.14 acres,more or less- END essEND OF DESCRIPTION This legal description was prepared by me or under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 1151/03 LEGAL DESCRIP77ON CI7YOFAZUSA REDEVELOPMENT AGENCY i CENTRAL BUSBA=DISTRICT—EIG=AAIEND3= ABEA NO.3 ASSESSOR'S REFERENCE:8608-030-015 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of the Lemon Tract, as recorded in Book 11 Page 108 of Maps, ofsaid County,described as follows: Commencing at a point at the intersection of the centerlines of 9m Street and Pasadena Avenue as said intersection is shown on said Lemon Trach thence S61041'57"E 73.82 feet to a point on the southerly line of said Va Street,said southerly line being distant 35 feet at right angles from the centerline of said 90 Snee4 said point also being the northeasterly terminus of a curve concave to the southeast and having a radius of 25 feet,and said point being the POINT OF BEGINNING;thence East 390.00 feet along said southerly line to a point on the easterly line of said Lemon Tract;thence South 90.45 feet to the southeast comer of Lot 16 of said Lemon Tract,said point being the point of curve of a non tangent curve concave to the south of which the radius point ha S02"40'26"E a radial distance of 5,779.65 feet; thence westerly through said curve having a central eagle of D40OT45" and an arc distance of 416.51 along the southerly line of Lots 9 through 16 of said Lemon Tract to the southwest corner thereon;thence North 99.85 feel along the westerly line of said Lemon Tract to the beginning of a fj curve,tangent at its point of beginning,concave to the southeast with a chord of 35.36 feet and having a radius of 25.00 feet:thence northeasterly along said curve through a central aoglc of 90100'00"an arc distance of 3927 feet to the POINT OF BEGINNING. Containing 43,499.05 square feet or 1.00 acres,more or less. ISTD OF DESCRIPTION. This legal description was prepared by me or under my direction from record suurces. Lewis Soloff P.L.S.5344,Expires 12/31/03 LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BUSDVESSDISTRICT—ETGHTHAAfENDAIENT AREA NO.4 ASSESSOR`S REFERENCE:8608-030-006 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of The Map of Azusa, as recorded in Book 15, Pages 93 to 96 of Miscellaneous Records,records of said County,described as follows: Commencing at the,intersection of the centerlines of 8t6 Street and Pasadena Avenue as said intersection is sbown on said Map of Azusa;thence S86'13407E 455.99 feet to the intersection of the easterly line of Lot 8,Block 84 of said Map of Azusa with the southerly line of said 8'b Street,said southerly line being parallel with and distant 30'at right angles from the centerline of said 8'a Street,and said point being the POINT OF BEGINNING;thence South 120.00 feet along the easterly line of lots 7 end 8,Block 84 of said Map of Azusa to the southerly line of Los Angeles County Assessor's Parcel 8606-030-006,as said Parcel is currently constituted;thence West 415.0D fact along said southerly line to a point on the westerly line of said Lot 8;thence North 105.00 feet along the westerly line of said Lots 7 and 8 to the beginning of a curve,tangent at its point of beginning,concave to the southeast with a chord of 21.21 feet and having a radius of 15.00 feet;thence northeasterly along said curve through a central angle of 90009OD" an are distance of 23.56 feet; thence East 400.00 feet to the POINT OF BEGINNING. Containing 49,751.71 square fee(or 1.14 acres,more or less. END OF DESCRIPTION: This legal description was prepared by me or under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 12/31/03 - i LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CEN7nAL BUSENESSDIS=T—EIGHTHA.AMYDKENT AREA NO.5 1 ASSESSOR'S REFERENCE:8611-001-046 A parcel of land in the City of Azusa,County of Los Angeles,State of Califomia,being a portion of Block 33 of the Map of Azusa,as recorded in Book 15,Pages 93 through 96 of Miscellaneous Records,records of said County,described as follows Commencing at the intersection of the centerlines of Foothill Boulevard and Soldano Avenue as said intersection is sbown on said Map of Ansa; thence S75"15'23"E 196.47 feet to the northwest comer of Lot 3,Block 33 of said Map of Ansa said point being the POINT OF BEGINNING;thence East 125.00 feet along the northerly line of Lots 1 through 3,Block 33 of said Map of Azusa to the beginning of a curve,tangent at its point of beginning,concave to the southwest with a chord of 35.36 feet and having a radius of 25.OD feet;thence southeasterly along said curve through a central angle of 90"00'00" an aro distance of 39.27 feet to a point on the easterly line of said Lot 1; thcnee South 150.00 feet along said easterly line to a point on the southerly line of the northerly half of Lot 24, Block 33 of said Map of Azusa; thence West 150.00 feet along said southerly liae to a point on the westerly line of said Lot 24;thence North 175.DD feet along the westerly line of said Lot 24 and said Lot 3 to the POINT OF BEGINNING. Containing 26,115.87 square feet or 0.60 acres,more or less. END OF DESCRIPTION. _ This legal desorption was prepared by me or under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 12/31/03 P t LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CEvnZAL BUSINESS DISTRICT-EIGHTHAMENDMENT AREA NO.6 ASS),&SOWS REFERENCE:8612-0034113,014,025,026,032,033 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being I portion of 0e Map of Azusa, as recorded in Book 15, Pages 93 through 96 of Mracelleneous Records,and a portion of the Resubdivision of Lots 1&2 in Block 83 of Azusa, as recorded in Book 18, Page 72, Miscellaneous Records, records of said County,descnbed as follows: Commencing at the intersection of the centerlines of Foothill Boulevard and Pasadena Avenue as said intersection is shown on said Map of Azusa; thence S66°30'05"E 125.40 feet to a point on the intersection of the northerly line of Lot 2 of said Resubdivision with the westerly o�e7e 00 feet along the northey half of said Lot 2�rly line int being Lots 2 the POINT OF BEGINNING; through 4, of said Resubdivision to the northeast comer of said Lot 4; thence South 210.00 feet along the easterly line of said Lot 4 to the southeast comer thereon;thence East 215.00 feet along the southerly line of Lots 5 and 9 of said resubdivision to a point on the easterly line of Lot 3,Block 83 of said Map of Azusa;thence South 105.OD feet along said easterly line to the southeast comer thereon said comer being a point on the northerly line of Lot 4,Block 83 of said Map of Azusa;thence West 415.00 feet along said northerly line to the northwest comer thereon;thence North 105.00 feet along the easterly line of said Pasadena Avenue,said easterly line being parallel with and distant 40 feet easterly,measured at right angles,from said centerline of Pasadena Avenue,to a Point on the southerly line of Lot 10 of said Re-Subdivision; tbmm Fast 75.00 feet along said soutberly line to a point on the southerly prolongation of said easterly half of Lot 2;thence North 21D.00 feet along said prolongation and along said easterly half of Lot 2 to the POINT OF BEGINNING. Containing 69,825.00 square feet or 1.60 acres,mon or less. END OF DESCRIPTION. _ This legal description was prepared by me or under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 12/31/03 I LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BUSINESS DIST7ICT—EIGH7HAMENZ)A= AREA NO. 7 ASSESSOR'S REFERENCE:8612-001-027 THROUGH 040 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of Tract No. 27346,as recorded in Map Book 699,Pages 22-23,records of said County,desmbed as follows: Commencing at the intersection bf Foothill Boulevard with Mosta Avenue as said intersection is sbown on said Tract No.27346;tbence S3 S"1 T18"W 283.44 feet to the POINT OF BEGINNING;thence along the northerly,easterly,southerly,and westerly lines of Lots 18 through 31 of said Tract No.27346 through the following courses: N89059'39"E 30266 feet; thence S40°59'06"E 240.40 feet; thence S49"00'54"W 38.00 feet to the beginning of a curve,tangent at its point of beginning,concave to the east with a chord of 62.53 feet and having a radius of 48.00 feet; thence southerly along said curve through a central angle of 81"1652" an aro distance of 68.09 feet then= S3201558"E 50.00 feet to the beginning of a curve, tangent at its point of beginning,concave to the west with a chord of 50.01 feet and having a radius of 90.D0 feet; theace southerly along said curve through a central angle of 3295'47" an arc distance of 50.68 fact theoee SOO"00'06"E 38.70 feet to the beginning of a curve, tangent at its point of beginning,concave to the northwest with a chord of 21.21 feet and having.a radius of 15.00 feet thence southwesterly along said clave through a antral angle of 89"5920"an arc distance of 23.56 feet tbence S890ST14"W 187.69 feet to the beginning of a curve, tangent at its point of beginning, concave to the northeast with a chord of 21.22 feet and having a radius of 15.00 feet; tbenca northwesterly along said curve through a central angle of 90000140"an arc distance of 2356 feet thence NDO°DO'06"W 17334 feet thence N1001410"E 50.01 feet to the beginning of a save,tangent at its point of beginning,concave to the southwest with a chord of 115.01 feet and havhrg a radius of 70.00 feet tbence northwesterly along said curve through a central angle of I16028'32" an arc distance of 134.97 feet thence S79°4538"W 50.01 feet tbence S89"59'54"W 138.54 fee; thence NDO°02'02"W 22.90 feet to the beginning of a curve,tangent at its point of beginning,concave to the _ east with a chord of 80.77 feet and having a radius of 220.00 feet thence northerly along said curve through a antral angle of 21°09'16"an are distance of 81.23 feet to the POINT OF BEGINNING. Containing 95,633.89 square feet or 2.20 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 12131/03 LEGAL DESCRIPTION MY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BUSINESS DISTRICT—EIGHTHAMF1VDME7VT AREA NO.8 ASSESSOR'S REFERENCE.8612-001-048,052,053 059 060 063 THROUGH 66,100 A parcel of land in the City of Amsa,Count'of Los Angeles,State of California,being a portion of Tract No.27346, as recorded in Map Book 699,Pages 22-23,records of said County,described as follows: Commencing at the 'nta tjon of the centerlines of Lime.Street and Gleafmnan Avenue as said intersection is shown on said Tract No. 27346;thence S77°0126"E 133.59 feet to the northeast comer of Lot 32 of said Tract No.e2a73446,said southerly,being 73 the POINT OF BEGINNING; thence along the northerly, X y. _ Westerly lines of Lots 32 through 39 of said Tract No. 27346 through the follbwing courses: N89°59'54"E 75.00 feet to the begiunlnv of a curve,tangent at its point of beginning, concave to the southwest with a chord of 35.36 feet angle a radius 911 of 25. 0 feet;err° thence southeasterly along said curve through distance of 3927 feet;thence S00°00'06"E 210.01 feet to the beginning of a curve, tangent at its point of beginning,concave to the northwest with a chord of 2121 feet and having a radius of 15.00 feet;thence southwesterly along said curve through a- central angle of 89°5920"an arc distance of 23.$6 feet;thence S89°59114"W 160.03 feet to the beginning of a curve, tangent at its point of beeius f 25 .00 feet: thence g, concave to the northeast with a chord of 3535 feet and having northwesterly along said curve through a central angle of 89058'44"an arc distance of 39.26 feet;thence NOO°02'02"W 210.04 feet to the beginning of a curve,tangent at its point of beginning, concave to the southeast with a chord of 21.22 feet and having a radius of 15.OD feet;thence northeasterly along said curve through a central angle of 90°01'56"an aro distance of 23.57 fee,thence N89059154"E 85.15 feet to the POINT OF BEGINNING. - Containmg 49,662.00 square feet or 1.14 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction from record sources. .. Lewis Soloff P.L.S.5344,Expires 12/31/03 I LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BUSEN=DISTRICT—EIGHTHAKENDMENT AREA NO.9 ASSESSOR'S REFERENCE:8612-001-010 THROUGH 026 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of Tract No.27346,as recorded in Map Book 699,Pages 22-23,records of said Connty,described as follows: Commencing at the intersection of the centerlines of.Lime Street and Glenfinnan Avenue as said intersection is shown on said Tract No. 27346;thence N07°5937"W 13359 feet to the beginnin of a curve to the left, of which the radius point lies S73"3320"E, a radial distance of 280.00 feet, said point being the POINT OF BEGINNING;thence along the easterly,southerly,westerly and northerly lines of Lots 1 through 17 of said Tract No.27346 through the following courses: Southerly along said curve,through a central angle of 16°2842", a distance of 80.53 feet;thence S00'02'02"E 27130 feet;thence S10°12'14"W 50.00 feet to the beginning of a carve,tangent at its point of beginning,concave to the northeast with a chord of 115.00 feet and having a radius of 70.00 feet;thence southeasterly along said curve through a central angle of 110'2T16" an arc distance of 134.95 feet; thence N79°44'58"E 50.01 fee4 thenceN89°59'14"E 431.03 feet to the beginning of a curve, tangent at its point of beginning,concave to the southwest with a chord of 3536 feet and having a radius of 25.00 feet; thence southeasterly along said-curve through a central angle of 90'00'40"an an;distance of 3927 feet;thence SOD"00'06"E 75.OD feet; thence S89"59114"W 678.57 feet; thence NOD'OW01'W 572.36 fmt; thence NW59'3 VE 112.12 fee to the POINT OF BEGINNING. Containing 114,690.94 square feet or 2.63 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction Thum record sources. a Lewis Soloff P.L.S.5344,Expires 12/31/03 ' I t I LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BUSINESS DISTRICT—E[GHTHAME7YDMFNT AREA NO.10 A&SESSOR'S REFERENCE:8624-021-015 THROUGH 018 _A parcel of land in the City of Azusa,County of Los AngelM Stat of P gimz3a, Bing a portion of parcel Map No.14845 ugh ��rec recorded i panel Map 5,records of said County, Commencing at the intersection of the centerlines of Alosta Avenue and Fifth Stet as said centerlines are sbown on said Parcel Map NO. 14845;thence S78'3651"W 25358 feet to the northwester1Y comer of Panel I of said Patel Map4945, said point ,and being the POINT OF BEGINNING,thence along the Dortber]Y,easterly, .1y, westerly lines of Panels 1 and 2 of said Panel Map No. 14845 through the following courses: N89059'I0"E 229.10 feet to the beginning of a curve,tangent at its point of beginning, concave to the somh with a chard of 9.56 feet and having a radios of 15.00 feet;thmm easterly along said curve through a central angle of 33109'3l"an an distance of 8.68 feet to a poi of reverse curve concave to the north having a radius of 2,300.00 feet; thence easterly along said curve through a central angle of 24"21'58"an an distance of 978.12 feet to the point of curve of curve concave to the southwest of which the radius point lies S0904644"W a radial distance of 15.00 feet;thence southeasterly along said curve through a central angle of 81"14'46" an an distance of 2127 feet; thmw S00'01 30"W 779.16 feet:thence 148905830"W 1,030.92 feet;thence N00'00'50"W 1,023.23 feet;thence N46"10'47"W 17328 feet to the POINT OF BEGINNING. Containing 989,041.11 square feet or 22.71 acres,mon Or less. END OF DESCRIPTION. This legal desorption was prepared by me m under my direction from record sources. Lewis Soloff P.L.S.5344,Expires 17/31/03 l i LEGAL DESCRIPTION CITY OFAZUSA REDEVELOPMENT AGENCY CENTRAL BASE FESS DISTRICT—EIGHTHAMENDMENT AREA NO.11 i _ASSESSOR'S REFERENCE:8622-023408 AND 009 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of the Southeast Quarter of Section 2,Township I South,Range 10 West,San Bernardino Meridian,described as follows: Commencing at the interewtion of the centerlines of Citrus Avenue and Arrow Highway,said intersection being the Southeast Comer of Section 2,Township 1 South, Range 10 West,San Bernardino Meridian;thence N24023'06"W 95.48 feet to an angle point in the westerly right of way of Citrus Avenue,said angle point being on a line parallel with and distant 40 feet westerly,measured at right angles,from the centerline of said Citrus Avenue, said angle point being the POINT OF BEGINNING; thence along the southerly, westerly, northerly, and easterly lines of Los Angeles County Assessor's Pa is 8622-023-008 and 8622-023-009, as currently constituted through the following courses: S45010'03"W 24.13;thmm S8905T14"W 670.88 feet;thence N00022'53"E 330.00 feet; thence 8905716"E 327.89 feet; thence N00021'37"E 60.70 feet; thence N89045'49"E 240.01 feet, thence N00022'53"E 38.D0 feet; thence N89'4549"E t 120.01 feet;thence SD002255"W 412.90 feet to the POINT OF BEGINNING. Containing 253,476.45 square feet or 5.82 acres,more or less. r END OF DESCRIPTION. This,legal description was prepared by me or under my direction from record somrxs. Lewis Soloff P.LS.5344,Expires 12/31/03 F� LEGAL DESCRIP710N CITP OFAZUSA REDEVELOPMENT AGENCY CENTRAL BOSINESSDISTRICT—EIGHMAMENDMENT AREA NO.11 _ - ASSESSOR'S REFERENCE:8621-024-001,002,017 ornia,being a portion of A parcel of land in the County of Los Angeles,State of Calif the Southwest Quarter of Section 2,Township I South,Range 10 West,San Bernardino Meridian described as follows: Azusa Commencing at the intesection of the centerlines of Arrow outhwes and .,t, Avenue,said intersection being the Southwesterly comer of the Southwest one quertar of Section 2, Township I South, Range 10 West, San Bernardino Meridien; thence NO8o21'30"E 345.20 feet to the intetiecnoa of easterly rtwith ��t 0 eef t�a - Avenue,said easterly right of way being a line measured az right angles,from the centerline of Azusa Avenue,mhe southwest er ofesouth line of the so�hwest the north half of the southwest one quarter oef D West,San Bernardino Meridian,said quartet of Section 2,Township I South,Rang point being the POINT OF BEGINNING;thence N89o5o'15"E 608.44 feet along said north line a point on the westerly line of Lot 344,Tract No.I line 'M.B.505,Pages m 8-14; thrnoa SOD"D4'23"W 172.18 feet along said westerly Hoe end its somherl prolongation to a point on the northwesterly line of the Big Dalton Wash m an anglee point thereon:thence S54°40'08"W 81.34 feet along said northwesterly line to an angle point thereon;thence S73o4636"W 114.46 feet along said northwestul�lline ttoan to a angle point thereon;thence S54'40 08"W 34.79 EgM911—Y,along saiddnnt�right line to a point on the Dortberly right of way of said Avow es ht Of said being Parallel with and distant 70 feet northerly,measured az right ani} centerline of Armw Mghway,thence S89o45'17W 386.72 feet along said northerly line to m angle point thereon;thence N4PO627"W 23.98 feet to an angle point in said easterly right of way of Azusa Avenue;thence N00°01'48"E 254.32 feet along said easterly right ofway to the POINT OF BEGINNING. Containing 155,464.01 square feet or 3.57 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction from record somees. Lewis SoloffP.L-S.5344,E�epires 7JJ31/03 I LEGAL DESCRIPTION CTTYOFAZUSAREDEVELOPAIENTAGENCY 1 CENTRAL BUSINESS DISTRICT—EIGHTHAA£E WALEYNT AREA NO.13 A$SESSOR'S REFERENCE.8620-004-005,015,016,020,021 A parcel of land in the City of Azusa,County of Los Angeles,State of California,being a portion of the Southeast Quarter of Section 3,Township 1 South,Range 10 West,San Bernardino Meridian,described as follows: Commencing at the intersection of the centerlines of Armw Highway and Azusa Avenue said point being the'southeasterly comer of the southeast quarter of Section 3, Township I South, Range 10 West, San Bernardino Meridian; thence N4504739"W 106.43 feet to a point on the northerly line of Aaow Mghway said point being the POINT OF BEGINNING,thence N86055'17"W 248.53 feet along said northerly line to an angle point thereon;thence 900001'48"W 10.01 feet along said northerly line to an angle point tbereon;thence N86055'17"W 30.04 feet along said northerly line to ao angle point thereon, said angle point being a point on the westerly line of an ingress egress easement as shown on Parcel Map No. 11697, P.MB. 109, Page 53; thence N00001'48"E 574.81 feet along said westerly line to a point on the southerly line of parcel I of Paroel Map No.5317,PM.B.56,Page 76;thence 587032'52"E 304.84 feet along said southerly line to a point on the easterly line of sand Parcel 1; thence 500001'49"W 541.76 feet along said easterly line to the beginning of a curve,tmgent at its point of beginning,concave to the northwest with a chord of 3618 feet and having a radius of 25:00 feet;thence southwesterly along said curve through a central angle of 93002155"an arc distance of 40.60 feet to the POINT OF BEGINNING. Containing 172,67616 sq feet or 3.96 acres,more or less. END OF DESCRIPTION. I i This legal description was prepared by mem under my direction from record swaces. i Lewis SoloffP.L.S.5344,Expires 12/31/03 F� LEGAL DESCRIPTION CITP OFAZUSA REDEVELOPMENT AGENC'P CENTRAL BDSEVESSDISTBICT—EIGET3AMENDr1ENT AAAA NO.14 ASSESSOR'S REFERENCE:8621-024-014 A parcel of land in the City of Azusa,County of Los Angeles,State of Californ a,being records of said County,described as follows: a portion of Record of Survey 76-44. Commencing at the intersection of the centerlines of Azusa Avenue and Azusa Avenue (formerly Lown Avenue), as said intersection is shown on said Record of Survey: thenec S29°49159"E 194.77 feet to the southwest come,of I of 3 of said Record Of along the westerly, Serve}', said Point being due POINT OF BEGINNING; the following courses: northerly,easterly,and southerly lines of said Lot 3 through N00°01'48"E 159.49 feet to the beginning of a curve,tangent at its point of beginning, concave to the southeast with a chord of 61.92 feet and having a radius of 70.00 feet; easterly along said curve through a central angle of 52°30'00" an aro thence north distance of Baste feet; thence N52°31'48"E 34.48 feet;thence S99°54'53"E 202.28 64.14 feet;thence S0000420"W 234.33 feet;thence 589055'12"W 256.85 feetto the POINT OF BBONNINO- Cont°ining 58,98028 square feet or 135 acres,more or less. END OF DESCRIPTION. This legal description was prepared by me or ander my direction from record sources. Lewis Soloff P.LS.5344.Expires 12/31/03 I LEGAL DESCtIP77ON CITY OFAZUSA REDEVELOPMENTAGENCP CENTRAL BUSINESS DISTRICT-ErG=AME"M-ENT AREA NO.15 ASSFSSOR'S REFERENCE-.8621-024-012 _ 1 A parcel of land in the City of Asa,Canty of Los Angeles,State of California,be Azusa, ing a portion of Record of Survey 76-44,records of said County,described as follows: Commencing at the intersection of the centerlines of Azusa Avenue and Azusa Avenue (formerly Leton Avenue), as said intersection is shown on said Record of Survey, thence N35036'54"E-85.92 feet to the most southerly corner of Parcel 1 of said Record of Survey, said point being the POINT OF BEGINNING;thence along the westerly, northerly,easterly,and southerly lines of said Parcel 1 through the following wursa: NDO°01'48"£ 144.98 feet to the beginning of a curve,tangent at its point of beginning, concave to the southeast with a chord of 35.37 feet and having a radius of 25.00 feet; thence nortbeasterly along said curve through a central angle of 90°03'19" an are distance of 3929 feet; thence S89054'53"E 79.98 feet to the beginning of a curve, tangent at its point of beginning,concave to the southwest with a chord of 35.36 feet and having a radius of 25.00 feet thence southeasterly along said curve through a central angle of 90"00'00"an are distance of 3927 feet;tbence S00°05'07"W 9.47 feet to the beginning of a curve,tangent at its point of beginning,concave to the northwest f with a chord of 64.07 feet end having a radius of 72.50 feet thence southwesterly l along said rive through a central angle of 52026'41" an are distance of 66.36 feet thm"552°31'48"W 128.07 feet to the POINT OF BEGINNING. Containing 15,154.33 square feet or 0.35 acres,mon or less. END OF DESCRIPTION. This legal description was prepared by me or under my direction from record sources. Lewis Soloff P.LS.5344,Expires 12131/D3 rr A. I ii 1 • LEGAL DFsc13IF77ox l\ WEST END REDEYELOPME=PROJECT That portion of the City of Azusa, County of 1.os Angeles' State of California consisting of two parcels described as follows: Parcel No.1 Beginning at the intersection of easterly line of Jackson Avenue (60 feet wide) and the northerly line of Gladstone Street (80 feet wide), said point being on the City of Azusa boundary; thence northwesterly along said easterly line of Jaclo:on Avenue to the southerly line of paramount Avenue (80 feet wide); thence northeasterly along said southerly line of paramount Avenue to the southerly projection of the centerline of Vuginfa Avenue(60 feet wide); thence northwesterly along the southerly projection, centerline, and the northerly projection of said Virginia Avenue, 2583.2 feet to a line parallel with and iDD.D feet sy outherl of the south line of Tract 10660 recorded in M.B. 164 Pages 13 k 14 in the Office ed of the Recorder of said Countthence S 89° 51' 20" 11 305.0 feet along last mention y; b parallel line to the easterly line of Aspen Avenue(5D feet wide);thence x 01 08,41).W 119.0 feet along the easterly line of said Aspen Avenue to the eesterly,projection of the northerly line of lot x of said Tract 10660; thence S 890 51' 20" w 669.0 feet along said easterly projection and said northerly line of lot x to the easterly line of Coney Avenue (50 feet wide); thence N 0°09,40"W 311.0 feet along the easterly line of said Coney Avenue to the northerly line of Third Street (6D feet widece N 0° OB' 40" W 137.0 feet along the ); thence S Po 51' 20" W 255.0 feet to the westerly line of lot 165 of said tract 10660; than westerly line of said lot 165 to the southerly line of lots 137 and 136 of said tract 10669; thence S 69° $1' 2D" W 100.0 feet along the southerly line of said lots 137 and 138 to the westerly line of said lot 137;thence N 0°08'40"W 635.8 feet along the westerly line of said lot 137 and its northerly projection to thesoutherly line of the Route 210 Freeway (Footlu-ll Freeway); thence southeasterly along said southerly line of the Route 210 Freeway to the easterly line of Coney Avenue (50 feet wide);thence N D°081400 W alothe easterly line ng t wide);thence N 89° 51' of said Coney Avenue to the southerly line of Fifth Street(6D fee 2D" E 1,160.0 feet along the southerly line of said Fifth Street to the easterly, line of Virginia Street (60 feet wide); thence N 0° 08'40" 17 973.0 feet to the northerly right-*f- way line of the Atchison, Topeka and Sante Fe Railroad (100 feet wide); thence N 69° 22' 2 t • 20*E 2,542.7 feet along the northerly line of said Atchison, Topeka and Sante Fe F^il,oad right-of-way to 4e easterly line of Angeleno Avenue(80 feet wide); thence northerly along. the easterly line of Geld Angeleno Avenue-421.8 feet to the easterly projection of the southerly line of lot 8 Block 23 Azusa M.B.15 pages 93 thru 96 recorded in the Office of the Recorder of said County; thence N 89°211150 11230.0 feet along the southerly line of said lot 8; thence northerly 540.0 feet along the westerly line of lots 1 thru 8 of said Block 23 7 and their northerly projection to the northerly line of Crescent Drive(60 feet wide);thence westerly and northwesterly along the northerly line of said Crescent Drive to the easterly line of Vernon Avenue (71.5 feet wide); thence north along the easterly line of said Vernon 1 Avenue to easterly projection of the northerly line of Tenth Street (6D feet wide); thence N 890 53' 10n W 2402.4 feet along said easterly projection and the northerly line of said 3 � Tenth Street to the centerline of Todd Avenue(71)feet wide);thence northeasterly along the centerline of said Todd Avenue to the centerline of Sierra Madre Avenue (100 feet wide); thence east along the northerly lines of lots 20 and 35 of Subdivision No. 2 Azusa Land and 3 Water Co. recorded in M.B. 43 page.94 recorded in the Office of the Recorder of said n County 1874.1 feet to the easterly line of the Rancho Azusa de Duarte RS. 85, pages 3 thru 5 recorded in the Office of the Recorder of said County;thence S 390 50'26-W 1,D27.2 feet along last mentioned easterly line to the City of Azusa City Boundary being the north line of _ - the Pacific Electric Railway Company. right-of-way (abendoned)(100 feet wide); thence - southeasterly, southwesterly, southwesterly, southeasterly,northeasterly along the City of r j Azusa boundary to the point where the boundary angles southerly along the easterly boundary of Ayon Avenue also being on the northerly line of said Gladstone Street; thence continuing northeasterly along the northerly line of said Gladstone Street to the point of beginning Except Area 15 of the second amendment to the Redevelopment Plan for the Azusa Central 3 Business District Redevelopment Project described as follows: That portion of Lot 42,54 and 55 of Subdivision No.2 Azusa Land and Water Company in the X City of Azusa. County of Ins Angeles, State of California,as per map recorded in Book 43, Page 94 of Maps in the Office of the County Recorder of said County described as follows: Beginning at the northwest corner of the intersection of the westerly right-of-way line of 6 d Vernon Avenue (65 feet wide) end the northerly rightof-way line of Sth Street (30 feet t wide);thence westerly along the northerly rightof-way line of MStreet 963.0 feet more or less to a point, said point being the intersection of the northerly rightrof-way line of 8th Street and the easterly rigbtof-way line of Georgia Place (3D feet wide); Hence northerly along said easterly right-of-way line of Georgia Place 35.64 feet to the southerly lot line of Lot 55 of Subdivision.No. 2 Azusa Land and Water Compeny;thence westerly 1,246-29 feet more or les along the southerly lot lines of Lots 42 and 55 of Subdivision No. 2 Azusa Land and Water Company, to a point, said point being on the easterly rightof-way line of Loren Avenue (60 feet wide); thence northerly along said easterly right-of-way line of Loren Avenue 6o feet; thence easterly 263.40 feet along a line parallel to and 60 feet from the northerly line of Lot 2 of Tract No. 14072 in the City of Azusa, as shown on a map recorded in Book 282, Pages 20 and 21 of flaps in the office of the Los Angeles County Recorder; thence due north 1,00D.0 feet more or les to a point,said point beirof�fl e(southerly t wide); of-way line of the Southern Pacific Transportation Company righ y Fly rightbf-way line to its intersection with the thence southeasterly along said south e southerly along said westerly rightof-way line of Vernon Avenue (65 feet wide); them westerly right-of-vtey line through an its various courses to the Point of Beginning. " Parcel No. 2 Beginning at the N.W. Cor. Sec. 22, T.IN. B.1DE S.B.M., said point being on the City of Azusa boundary;thence N 890 51'E 2,597.10 feet more or less along City of Azusa boundary to the N.B. Cor. of N.E. 1, N.W. 1 of Sea 22;thence southerly 1,320.D feet more or less to the S.F Cor.of the N.E. }, N.W. 1 of Sec.22;thence westerly 1,937.0 feet more or less to the SE. Cor. of S.W. 1, N.W. 1, N.W. 1 of Sea 22; thence southerly 1,960.0 feet more or less eto the S.E. Cor.of N.W. 1, N.W. 1, S.W. 1 of Sea 22:(hence westerly 660.0 feet more s W les to the SW. Cor. of N.W. 1, N.W.}, S.W. 1 of See 22;thence northerly 328.0 feet more or les to the N.W. Cor. of N.W. 1, S.W. 1 of Sea 22; thence westerly 1, more or les to the S.W. Cor. of S.E. 1, N.W. 1 of Sea 21; thence northerly 2,640.0 feet more or les to the N.W. Cor. of N.E. 1, N.& 1 of Sea 219 said point being on the City of Azusa boundary; thence N 690 51'E 1,326.14 feet along the City of Azusa boundary to the point of beginning. EXHIBIT B TO THE REVISED STATEMENT OF PROCEEDINGS Maps of the Merged Project Area R V PUB\DLA W RENCEHUGHES\731135.1 13 RV PUB\DLA W RENCEHUGHES\731179.1 Central Business District Boundaries and Properties Subject to Eminent Domain I ( ' p In s. x ` _ a .. i4 �� yy k I t } F t : p k— d4 [Fy Y } S f• J 1 .- P F b v -raj 1t,,a •,�. i L N � > , •. C 3', £i � 1 x� it } z� �. �� �', -. '. i~ 1�, e J � � �•I d e � � � _ IL 1 pJ' 4 }} .'n, { 3 North Central Business District Properties Subject to.Eminent Domain RVPUB\DLA WRENCEHUGHES\731135.1 14 RV PUB\DLA W RENCEHUGHES\731179.1 Central Business District Boundaries and Properties Subject to Eminent Domain eTH :-.--. i i �J16�yd'rJ7J£L]� fiF l t }r t A6C£C 5311 ➢6➢6mi➢1:- ECOE :5CCi fECnJJ'JCN EEC£C 73V '6&13➢SC1- -� I iaJSC :.1J9 t JSJ2°C1 ..73J26CC S WOO � � I I ! 4 1. bbZ Y .f it }} t ;1 MU �[^Z I , FQ07-.ILL =Ci}ila - North F - Central Business District 0 Properties Subject to Eminent Domain RV PUB\DLA W RENCEHUGHES V 31135.1 15 RVPUB\DCA WRENCEHUGHES\731179.1 Imo• rill: ! •�°�' ttlt � 0 ' 91 1! MIN 1 Li I1. l l l' !11 1 li II II 111 ®'Illi® IIS 1111 a s Central Business District Boundaries and Properties Subject to Eminent Domain W rf - - j AKW k' 2 v .arFiar�r V � 1 n S 6 w.. 9 ' II x I a North Central Business District 0 Properties Subject to Eminent Domain RVPUB\DLAWRENCEHUGHES\731135.1 17 RVPUB\DLA W RENCEHUGHES\731179.1 West End Boundaries and Properties Subject.to Eminent Domain rt: ti - 1 na; fiU, li(nr— I nL �a F _.{ fl 1. nacn.;t mv:;ra 1 f tt r xY 1 L.Lj _ t � n � � i �� t �✓ �t a - -. 7Sf k 'w nyyzi k 'r __� Yi5 4 'ii r A' ) n i iia Y ; Y North West End Properties Subject to Eminent Domain R V PUB\DLA W RENCEH U G H ES\731135.1 18 RVPUB\DLAWRENCEHUGHES\731179.1 - West End Boundaries and Properties Subject to Eminent Domain }i. I Ip, SSS•' I f 1 �q I 4 I Y .a _ A * II i ; ,00 IbEEIR Y31 � fi( D III � 1 I L Le North West End 0 Properties Subject to Eminent Domain R V P UB\DLA W RENCEHUGH ES\731 l 3 5.1 19 R V PU B\DLA W RENCEH UGHES\731 l 79.1 J M03 Adopted Ameo'dmentiAr-as forthe Central Business District 8West End.Redevelopment Projects,_ I 1 t i i 3 1 i i n �• 1 � Si¢rra.Madre __,,�• pia I - i II I » 1 a I , 1- 1 i c '22::-, .... _Foothid `J _�. (g X1911 1 ------ ''' 2Y 15a - _ ._ -. .. 12 5 1 S 10 u 1 f l f Alolsta — It u a _ , I Xls' 1 ' t sre -- - -pose/me I' 1 c ' Legend �..�uCay Limns Centre)Lness Dlsald > .ems •�•i I. t __ �d adrtant I' �/ t /, it, 1 _,d Added Residenpal Arees ! w/oN EmimM Domeln 1 Added Commerclal Areas / /•� ,. wnn Emmen)Domain ,1 1 1 114 ( lstl.ID.11.merc11.151 FxlstEmMW Domain Areas wnh Emmem Domain I RVPUB\DLAWRENCEHUGHES\731135.1 20 - RVPUB\DLA W RENCEHUGHES\731179.1 EXHIBIT C TO THE REVISED STATEMENT OF PROCEEDINGS Detailed list of Non-Residential Properties Subject to Eminent Domain RV PUBTLA W RENCEHUGHW731135.1 21 RV PUBTLA W RENCEHUGHES\731179.1 i Merged Central Business District and West End Redevelopment Projects NON-RESIDENTIAL PROPERTIES SUBJECT TO ACQUISITION BY EMINENT DOMAIN SECTION 1: CENTRAL BUSINESS DISTRICT PROJECT _ Original Project Area _ 1. Assessor Parcel No. 8611-003-800, commonly known as 604 North Azusa Avenue 2. Assessor Parcel No. 8611-003-801,an unimproved property 3. Assessor Parcel No. 8611-003-018,an unimproved property 4. Assessor Parcel No. 8611-004-034,commonly known as 100 West Foothill Boulevard 5. Assessor Parcel No. 8611-004-035,commonly known as 150 Wes,Foothill Boulevard 6. Assessor Parcel No. 8611-003-006,commonly known as 100 East Foothill Boulevard 7. Assessor Parcel No. 8611-003-035,commonly known as 638 North Azusa Avenue 8. Assessor Parcel No. 8611-003-041, commonly known as 152 East Foothill Boulevard 9. Assessor Parcel No. 8608-024-002, commonly known as 809 North Azusa Avenue 10. Assessor Parcel No. 8608-024-006,commonly known as 800 North San Gabriel Avenue Eighth Amendment Area 1. Assessor Parcel No. 8608-024-004,commonly known as 150 East Ninth Street 2. Assessor Parcel No. 8611-001-046,commonly known as 444 East Foothill Boulevard 3. Assessor Parcel No. 8612-003-013, commonly known as 624 North Pasadena Avenue 4. Assessor Parcel No. 8612-003-014,commonly known as 628 North Pasadena Avenue 5. Assessor Parcel No. 8612-003-025,commonly known as 518 East Foothill Boulevard 6. Assessor Parcel No. 8612-003-026,commonly known as 534 East Foothill Boulevard 7. Assessor Parcel No. 8612-003-032,an unimproved property 8. Assessor Parcel No. 8612-003-033,an unimproved property 9. Assessor Parcel No. 8624-021-015,an unimproved property 10. Assessor Parcel No. 8624-021-016,commonly known as 330 North Fenimore Avenue 11. Assessor Parcel No. 8611-021-017, an unimproved property 12. Assessor Parcel No. 8611-021-018,commonly known as 890 East Alosta Avenue 13. Assessor Parcel No. 8621-024-001,commonly known as 17511 East Arrow Highway 14. Assessor Parcel No. 8621-024-002,.m unimproved property 15. Assessor Parcel No. 8621-024-017,commonly known as 17525 East Arrow Highway 16. Assessor Parcel No. 8620-004-005,commonly known as 887 South Azusa Avenue 17. Assessor Parcel No. 8620-004-015, an unimproved property 18. Assessor Parcel No. 8620-004-016,commonly known as 859 South Azusa Avenue 19. Assessor Parcel No. 8620-004-020,commonly known as 877 South Azusa Avenue 20. Assessor Parcel No. 8620-004-021,commonly known as 155 West Arrow Highway 21. Assessor Parcel No. 8621-024-012,commonly known as 710 South Azusa Avenue RVPUBOLA WRENCEHUGHES\731135.1 22 RVPUBOLAW RENCEHUGHES\731179.1 SECTION 1 (cont'd): WEST END PROJECT • Assessor Parcel No. 8616-001-408,an unimproved property commonly known as Kincaid Pit SECTION 2: CENTRAL BUSINESS DISTRICT PROJECT 1. Assessor Parcel No. 8608-023-027, a parking lot at the northeastern comer of San Gabriel Avenue and Foothill Boulevard 2. Assessor Parcel No. 8608-025-011,commonly known as 832 North Azusa Avenue 3. Assessor Parcel No. 8608-025-012,commonly known as a part of 832 North Azusa Avenue 4. Assessor Parcel No. 8608-025-013,commonly known as 830 North Azusa Avenue 5. ,isscssor Parcel No. 8608-025-014,commonly known as 826 North Azusa Avenue 6. Assessor Parcel No. 8608-025-016,commonly known as 858 North Azusa Avenue 7. Assessor Parcel No. 8608-025-019,commonly known as 812 North Azusa Avenue 8. Assessor Parcel No. 8608-025-006,commonly known as 801 North Alameda Avenue 9. Assessor Parcel No. 8608-025-005, commonly known as a part of 812 North Azusa Avenue&801 North Alameda Avenue 10. Assessor Parcel No. 8608-025-004,commonly known as a part of 812 North Azusa Avenue&801 North Alameda Avenue 11. Assessor Parcel No. 8608-027-004,commonly known as 805 North Dalton Avenue 12. Assessor Parcel No. 8608-027-008,commonly known as 803 North Dalton Avenue 13. Assessor Parcel No. 8608-027-007, commonly known as 810 North Alameda Avenue WEST END PROJECT 1. Assessor Parcel No. 8605-015-401,commonly known as 920 North Loren Avenue 2. Assessor Parcel No. 8605-015-402,commonly known as 930 North Loren Avenue 3. Assessor Parcel No. 8605-015-403, commonly known as 825 North Loren Avenue&824 North Todd Avenue 4. Assessor Parcel No. 8605-015-404, commonly known as 930 North Todd Avenue 5. Assessor Parcel No. 8605-017400,commonly known as 819 North Loren Avenue 6. Assessor Parcel No. 8605-017-401,commonly known as 809 North Loren Avenue 7. Assessor Parcel No. 8605-017-402, commonly known as 803 North Loren Avenue 8. Assessor Parcel No. 8605-017-404,commonly known as 816 North Todd Avenue 9. Assessor Parcel No. 8605-017-405,commonly known as 812 North Todd Avenue 10. Assessor Parcel No. 8605-017406,commonly known as 806 North Todd Avenue 11. Assessor Parcel No. 8605-017-407, commonly known as 792 North Todd Avenue 12. Assessor Parcel No. 8605-017-408, commonly known as 787 North Loren Avenue 13. Assessor Parcel No. 8605-017409,commonly known as 781 North Loren Avenue 14. Assessor Parcel No. 8605-017-410,commonly known as 780 North Todd Avenue 15. Assessor Parcel No. 8605-017-411,commonly known as 765 North Loren Avenue&766 North Todd Avenue 16. Assessor Parcel No. 8605-017-415,commonly known as 713 North Loren Avenue 17. Assessor Parcel No. 8605-017-416,commonly known as 1137 West Foothill Boulevard 18. Assessor Parcel No. 8605-017-417,commonly known as 1143 West Foothill Boulevard 19. Assessor Parcel No. 8605-017-420,commonly known as 777 North Loren Avenue RV PUB\DIA W RENCEHUGHES1731135.I 23 RV PUBTLA W RENCEHUGHESM 1 179.1 SECTION 2(cont'd): N'VEST END PROJECT(cont'd) 20. Assessor Parcel No. 8605-017-421,commonly known as 770 North Todd Avenue 21. Assessor Parcel No. 8605-017-422,commonly]mown as 1195 West Foothill Boulevard 22. Assessor Parcel No. 8605-017-418,commonly]mown as 1147 West Foothill Boulevard 23. Assessor Parcel No. 8605-018-406,commonly(mown as 111 I West Foothill Boulevard 24. Assessor Parcel No. 8605-0181108,commonly known as 1115 & 1117 West Foothill Boulevard 25. Assessor Parcel No. 8605-018416,commonly}mown as 712 North Loren Avenue/ 1125 West Foothill Boulevard 26. Assessor Parcel No. 8616-001-420, commonly known as 1120 West Foothill Boulevard 27. Assessor Parcel No. 8616-001-421, commonly]mown as 1140 West Foothill Boulevard 28. Assessor Parcel No. 8616-002-400, commonly known as 1030 West Foothill Boulevard 29. Assessor Parcel No. 8616-002-401,commonly known as 1020 West Foothill Boulevard 30. Assessor Parcel No. 8616-002-403,commonly known as 1100 West Foothill Boulevard 31. Assessor Parcel No. 8616-002-404,commonly known as 1050 West Foothill Boulevard RVPU13M AWRENCEHUGHES\731135.1 24 RVPUB\DIAW RENCEHUGHES\731179.1 ORDINANCE NO. AN ORDINANCE OF THE CIN OF AZUSA APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT,ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE RANCH CENTER REDEVELOPMENT PROJECT AREA AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS WHEREAS, the City Council of City of Azusa ("City Council") has adopted that certain Redevelopment Plan for the Ranch Center Project Area ("Project Area") by Ordinance No. 2402 on July 17, 1989; and WHEREAS, the Redevelopment Plan for the Ranch Center Project Area was subsequently amended as follows: • to extend time limits per AB-1290 by Ordinance No. 94-019 on December 19, 1994; • to eliminate the time limit to establish debt by Ordinance No. 03-08 on December 1 , 2003; • to extend the time limit on plan effectiveness and the time limit to collect tax increment by Ordinance No. 04-07 on August 16, 2004; and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to carry out the Redevelopment Plan for the Project Area; and WHEREAS, pursuant to CRL § 33342.7, prior to July 1 , 2007, the legislative body of the Agency is required to adopt an ordinance containing a description of the Agency's eminent domain program ("Eminent Domain Program") for the Project Area; and WHEREAS, Section 321 of the Redevelopment Plan authorized the Agency to acquire certain real property in the Project Area by eminent domain for twelve (12)years following the effective date of the ordinance adopting the Redevelopment Plan; and WHEREAS, the deadline to acquire real property by eminent domain in the Project Area expired on July 17, 2001, and such deadline has not been extended by the Agency; and WHEREAS, the Agency must record with the Los Angeles County Recorder a description of the land within the Project Area and a statement that any proceedings for the redevelopment of the Project Area have been instituted under CRL § 33373 ("Statement of Proceedings"); and WHEREAS, new CRL § 33373(d) more particularly requires the recordation of such Statement of Proceedings prior to the Agency's commencement of any future eminent RV PUB\DLA W RENCEHUGHES\731135.1 1 RVPUB\DLA W RENCEHUGHES\731179.1 RVPUB\DLA W RENCEHUGHES\731180.1 domain action; and WHEREAS, such statement is attached hereto as Exhibit "A"; and WHEREAS, it is the intent of the legislative body of the Agency to promote effective redevelopment, but to discourage abuses of eminent domain powers; and WHEREAS, the Agency intends to comply with all applicable laws relating to payment of fair market value, relocation expenses, loss of business goodwill and such other damages as may be allowed by law when property is taken by eminent domain; and WHEREAS, the City now desires to adopt an eminent domain program describing the Agency's program to acquire real property by eminent domain in the Project Area; and WHEREAS, City staff has determined that the approval and adoption of this Ordinance does not constitute an approval of any specific program, project or expenditure and does not constitute a project within the meaning of the California Environmental Quality Act (Public Resources Code § 21000) ("CEQA"); and WHEREAS, pursuant to the foregoing, City staff has determined that a notice of exemption ("Notice of Exemption") for the approval of this Ordinance should be filed with the County of Los Angeles, pursuant to CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. a. The purpose of this Ordinance is to adopt the Eminent Domain Program for the Project Area within the territorial jurisdiction of the City pursuant to CRL Section 33342.7. b. The goal of the Agency is to improve the quality of life in the City of Azusa by eliminating the existence of blight, abandoned properties, boarded-up properties, incompatible uses, and properties that experience repeated calls for police services or otherwise constitute a nuisance. SECTION 2. Amendment to Redevelopment Plan. The following paragraph shall be as the last paragraph of Section 321 of the Redevelopment Plan for the Ranch Center Redevelopment Projects: RVPUB\DLAW RENCEHUGHES\731135.1 2 RVPUB\DLAW RENCEHUGHES\731179.1 - RV PUB\DLA W RENCEHUGHES\731180.1 "EMINENT DOMAIN PROGRAM Notwithstanding the foregoing, as of July 17, 2001 , the Agency is no longer authorized to acquire real property by eminent domain in the Project Area. If the Agency is again authorized to acquire real property by eminent domain pursuant to the provisions of this Plan, the Agency shall strictly adhere to the following in assessing just compensation and damages to affected owners: The Fifth Amendment to the United States Constitution,Article 1, Section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230010, et seq.), the California Relocation Assistance Act (California Government Code Section 7260, et seq.), implementing rules and regulations (Title 25, California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional laws. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill." SECTION 3. Miscellaneous a. Except as amended hereby, the Redevelopment Plan shall remain in full force and effect according to its terms. b. Agency staff is hereby directed to record with the County Recorder of Los Angeles County, the Statement of Proceedings in accordance with Government Code § 27295 and CRL § 33373. c. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. d. The Executive Director of the Agency is hereby authorized to compile the Redevelopment Plan, as amended by this Ordinance, into a single document and said document, when filed with the City Clerk and the Agency Secretary, shall constitute the official Redevelopment Plan for the Ranch Center Project. e. Should any provision, portion, part or section of this Ordinance be held invalid by any court of competent jurisdiction, the invalid provision, portion, part, or section shall be stricken and the remainder shall be severable from such invalid provision, portion, part or section and such remainder shall remain in full force and effect. f. The City Clerk is hereby authorized to file a Notice of Exemption pursuant to RVPUB\DLAW RENCEHUGHES\731135.1 3 R VPUB\DLA W RENCEHUGHES\731179.1 R V PUB\D LA W RENC EHUGHES\731180.1 CEQA Guidelines Section 15062 with the County of Los Angeles Clerk's office within five (5) calendar days of the adoption of this Ordinance. g. This Ordinance shall be in full force and in effect thirty (30) days after passage. h. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this day of June, 2007. Joseph R. Rocha Mayor Attest: Vera Mendoza City Clerk RVPUB\DLA W RENCEHUGHES\731135.1 4 RVPUB\DLA W RENCEHUGHES\731179.1 RVPUB\DLA W RENCEHUGHES\731180.1 t. r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the day of June, 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the day of June, 2007, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Vera Mendoza, City Clerk Approved as to form: Best Best & Itrieger LLP City Attorney RVPUB\DLA W RENCEHUGHES V 31135.1 5 RV PUB\DLA W RENCEHUGHES V 31179.1 RVPUBTLAWRENCEHUGHESM 1180.1 Exhibit "A" Revised Statement of Proceedings RVPUB\DLAWRENCEHUGHES\731135.1 6 RV PUB\DLAW RENCEHUGHES\731179.1 RV PUB\DIA W RENC EHUGHES\731180.1 Revised Statement of Proceedings Recording Requested by and When Recorded Return to: Vera Mendoza Agency Secretary Redevelopment Agency of the City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702-2550 Exempt from recording fees pursuant to Government Code Section 27383 REVISED STATEMENT OF PROCEEDINGS FOR THE RANCH CENTER REDEVELOPMENT PROJECT AREA The following Statement of Proceedings ("Statement') has been prepared pursuant to Section 33373(c)of the California Health and Safety Code ("Law")which became effective January 1, 2007: ALL PROPERTY TO WHICH THIS NOTICE PERTAINS IS LOCATED WITHIN THE RANCH CENTER REDEVELOPMENT PROJECT AREA ("PROJECT AREA"). A DESCRIPTION OF THE LAND WITHIN THE PROJECT AREA IS PROVIDED AS EXHIBIT A AND A MAP OF THE PROJECT AREA IS PROVIDED AS EXHIBIT B. The Redevelopment Agency of the City of Azusa ("Agency") is vested with the responsibility of carrying out the goals and objectives of the Redevelopment Plan. A copy of the Redevelopment Plan for the Project Area may be obtained from the Agency. All proceedings for the redevelopment of the Project Area as detailed in the Redevelopment Plan have been instituted pursuant to Section 33000 et seq. of the Law. i AGENCY'S EMINENT DOMAIN AUTHORITY The Agency's authority to commence eminent domain proceedings is outlined in Section 321 of the Redevelopment Plan for the Project Area as follows: Section 321 Acquisition of Real Proaertv The Agency may acquire, but is not required to acquire any real property located in the Project Area by gift, devise, exchange, purchase, or any other lawful method, including eminent domain. Eminent domain proceedings, if used, must be commenced within twelve (12) years from the date the ordinance adopting this Plan becomes effective. Such time limit may be RVPUBOLAW RENCEHUGHES\731135.1 7 RVPUBOLA W RENCEHUGHES\731179.1 RV PUBOLA W RENCEHUGHES\731180.1 extended by an amendment to this Plan. The Agency's authority to commence eminent domain proceedings expired.on July 17, 2001 . The Agency is no longer authorized to acquire real property by eminent domain in the Project Area and must amend the Redevelopment Plan to reinstate eminent domain authority in the Project Area. Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. In addition to the above limitations, the Agency has promulgated rules forowner and tenant participation which provide reasonable opportunities for owners of property and tenants in the Project Area to participate in the Redevelopment Plan. Accordingly, the power of eminent domain shall not be exercised except in compliance with the rules and procedures set forth therein and as shall be amended. Filed for recordation with the Los Angeles County Recorderforthe Redevelopment Agency of the City of Azusa, California. Dated: , 2007. Vera Mendoza, Agency Secretary Attachments: EXHIBIT A: Legal Description of the Ranch Center Project Area EXHIBIT B: Map of the Project Area RVPUB\DLAW RENCEHUGHES\731135.1 8 RV PUB\DLA W R ENCEHUGHES\731179.1 RV PUB\DLA W RENCEHUGHES\731180.1 EXHIBIT A TO THE REVISED STATEMENT OF PROCEEDINGS Legal Description of the Ranch Center Project Area Parcel 1 of Parcel Map No. 10031 in the City of Azusa, in the County of Los Angeles, State of California, as per Map filed in Book 93, Pages 40 and 41 of Parcel Maps, in the Office of the County Recorder of said County. RVP UBTLAWRENCEHUGHES\731135.1 9 RVPUBTLA W RENCEHUGHES\731179.1 RVPUBTLA W RENCEHUGHES\731180.1 EXHIBIT B TO THE REVISED STATEMENT OF PROCEEDINGS Map of the Ranch Center Project Area �ITY OF AZUSA REDEVELOPMENT AGENCY ALOSTA- BLVD \ \ W a J J W 3 0 a r N F- U HOLLYVALE AV RANCH CENTER REDEVELOPMENT PROJECT REDEVELOPMENT PLAN MAP GENERAL COMMERCIAL AREA PROJECT AREA BOUNDARY RVPUB\DLAWRENCEHUGHES\731135.1 10 RVPUB\DLAW RENCEHUGHES\731179.1 RVPUB\DLAWRENCEHUGHES\731180.1 - liq74,74 AZUSA 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, itt DATE: JUNE 18, 2007 SUBJECT: AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING A PROHIBITION CONCERNING RESIDENTIAL FRONT YARD PARKING RECOMMENDATION It is recommended that City Council waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD PARKING EXECUTIVE SUMMARY The proposed Ordinance adds Section 74-468 to the Azusa Municipal Code ("A.M.0") regarding the prohibition of residential front yard parking. Formerly A.M.C.Section 88-1525 prohibited residential front yard parking; however, this prohibition was not included in the recent amendments to the Azusa Development Code. Therefore, currently there is no prohibition against residential front yard parking in the City of Azusa ("City"). BACKGROUND The parking of vehicles in residential front yards negatively impacts the community by creating unsightly property conditions and reducing home values. Historically,the City has prohibited persons from parking their vehicles in residential front yards. However, this parking prohibition, contained in the former A.M.C. Section 88-1525,was inadvertently left out of the recent amendments to the Azusa Development Code. As a result, City Code Enforcement Staff has been unable to prevent persons from parking vehicles on their front yards. The proposed Ordinance would prohibit persons from parking vehicles in their front yard areas. Instead, the proposed Ordinance would require parking on paved surfaces (e.g., driveways) such surfaces would be restricted to 35% of the front yard area. This prohibition is based on similar prohibitions found in neighboring cities and would reinstitute the parking prohibition that formerly exist within the City. Thi parking prohibition will contribute positively to neighborhood aesthetics, by removing unsightly yar parking, and should increase home values. 40 I °)(k) bg11(1)1' 'Honorable Mayor and Members of the City Council Subject:Residential Front Yard Parking Ordinance June 18,2007 Page 2of 2 FISCAL IMPACT Adoption of the proposed Ordinance will not create a fiscal impact because it merely reintroduces a parking prohibition that formerly existed under the A.M.C. Additionally, any potential fiscal impact associated with the enforcement of the parking prohibition should be offset by the revenue derived from citations issued for residential front yard parking violations. ENVIRONMENTAL IMPACT The proposed Ordinance will not create an impact on the environment. Therefore, the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on the environment). City staff will prepare and file a Notice of Exemption as soon as possible following adoption of the proposed Ordinance. lit /07 4,zusA) CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER DATE: June 18, 2007 SUBJECT: INVESTMENT POLICY FOR THE CITY OF AZUSA RECOMMENDATION The City Treasurer recommends that the City Council approve the attached resolution re-adopting the Investment Policy for the City of Azusa. FISCAL IMPACT None BACKGROUND California Government Code Section 53646(a)(2)requires the City to adopt an Investment Policy every year. The City is also charged with changing the policy as necessary. The policy must be adopted or changed at a public meeting of the Council. The Council Members last adopted the Investment Policy on June 5, 2007. DISCUSSION In addition to the annual review of the City's Investment Policy, Government Code Section 53607 requires the City to reconfirm annually the delegation of investment authority to the City Treasurer. The Treasurer and the City Council are "fiduciaries"subject to the prudent investor standard. The Investment Policy is the outline from which the Treasurer operates to ensure that investments are safe, liquid and achieving returns. RESOLUTION NO. 07-C45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE INVESTMENT POLICY WHEREAS, the City of Azusa receives taxes and other revenues from a variety of sources and uses the funds to pay its bills on a regular basis; and WHEREAS, the City Treasurer is charged with the duties of handling and maintaining the cash that is taken in or otherwise received by the City; and WHEREAS, the balance of these funds fluctuates between $3,000,000 and $20,000,000 or more; and WHEREAS, per Government Code Sections 53607 and 53600.5 the City Treasurer is charged with investing idle public funds on the basis of protecting the safety of the funds, ensuring the liquidity of the investments, and maximizing earnings in that order of importance and based on the "Prudent Investor Standards"; and WHEREAS, the State of California requires each City annually to adopt an investment policy per Government Code Section 53646; and WHEREAS, the City Council, with the aid of its staff has reviewed the Statement of Investment Policy and wishes to approve the same; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Azusa does hereby adopt its Investment Policy attached hereto marked Exhibit A and instructs the City Treasurer to be guided by it in carrying out the duties of his office for the benefit of the City of Azusa. ADOPTED AND APPROVED this 18th day of June 2007. / /G (2r2 JOSEPH R. ROCHA, MAYOR I HEREBY CERTIFY that the foregoing resolution No. 07-C45,was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 18th day of June 2007 by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSEN : COUNCILMEMBERS: NONE ..___ __e):..../ —, z„:,-, VERA MENDOZA, CITY CLERK City of Azusa, California INVESTMENT POLICY 1. POLICY STATEMENT All funds of the City of Azusa shall be invested in accordance with principles of sound treasury management and in accordance with the provisions of the California Government Code Sections 53600, et seq., (the Municipal Code), and guidelines established by the California Municipal Treasurer's Association,the California Society of Municipal Finance Officers, and this Investment Policy("Policy"). These funds are defined and detailed in the City's Comprehensive Annual Financial Report(CAFR)and includes any new funds created unless specifically excluded by the City Council. Specifically excluded funds are: Funds deposited with the State Public Employees' Retirement System; and Bond proceeds that are subject to covenants and restrictions as defined in the Bond's indenture or are administered under the direct control of the Bond Trustee. 2. INVESTMENT POLICY OBJECTIVES A. Overall Risk Profile The objectives of the City of Azusa's Investment Program are, in order of priority: 1. Safeguard the principal of the funds; 2. Meet the liquidity needs of the City; and 3. Achieve a return on the funds. To achieve these objectives,The City shall consider the following when making an investment: 1. Safeguard the Principal of the Funds The City shall mitigate the risk to the principal of invested funds by limiting credit and interest rate risks. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Interest Rate Risk is the risk that the market value of the City's portfolio will fall due to an increase in general interest rates. C:IDOCUMENT$AHD SETTINOSVA)IM11LTONMV DOCUMENTSIN VETMENT POLICRINVESTMENTPOLICV LITYOFAZUSA-7007-FlHALDOC a) Credit risk will be mitigated by: (i) Limiting investments to the safest types of securities; (ii) By pre-qualifying the financial institutions with which it will do business; and (iii) By diversifying the investment portfolio so that the potential failure of any one issue or backer will not place an undue financial burden on the City. b) Interest rate risk will be mitigated by: (i) Structuring the City's portfolio so that securities mature to meet the City's cash requirements for ongoing obligations, thereby avoiding the possible need to sell securities on the open market at a loss prior to their maturity to meet those requirements; and (ii) Investing primarily in shorter-term securities. 2. Meet the Liquidity Needs of the City The City's investment portfolio shall be structured in a manner that emphasizes that securities mature at the same time as cash is needed to meet anticipated demands(Static Liquidity). Additionally,since all possible cash demands cannot be anticipated,the portfolio should consist of securities with active secondary markets(Dynamic Liquidity). The maximum percentage of different investment instruments and maturities is described in Section 11 of this Policy. 3. Achieve a Return on the Funds Yield on the City's investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent for the City to sell a security prior to maturity to either meet unanticipated cash needs or to restructure the portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates. C.D00UME TSANDSETTINGSMNAMILTONJtt DONMFNTSVNVESTMFHT POIICYUNVESTMENTiOLICY trtYOFALUSA-ZOO?-FINAL-DOC B. Basic Investment Strategy The City's investment portfolio shall be structured to provide that sufficient funds from investments are available each month to meet the City's anticipated cash needs. Subject to the objectives stated above, the choice in investment instruments and maturities shall be based upon an analysis of future anticipated cash needs, existing and anticipated revenues, interest rate trends and specific market opportunities. No investment may have a maturity of more than five(5)years from its date of purchase without receiving prior City Council approval. After approval by City Council, reserve funds associated with bond issues may have a maturity of more than five(5) years, up to the earliest date the bonds may be redeemed or mature. 3. INVESTMENTS This section of the Investment Policy identifies the types of investments in which the City will invest its idle or surplus funds. A. Standard of Prudence The City operates its investment portfolio under the Prudent Investor Standard (California Government Code Section 53600.3)which states,in essence,that"when investing,reinvesting,purchasing,acquiring,exchanging,selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims,to safeguard the principal and maintain the liquidity needs of the City." This standard shall be applied in the context of managing the overall portfolio. Investment officers,acting in accordance with written procedures and this investment policy and exercising the above standard of diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. B. Eligible Securities The City is provided a broad spectrum of eligible investments under California Government Code Section 53600, et seq. The City may choose to restrict its permitted investments to a smaller list of securities that more closely fits the City's cash flow needs and requirements for liquidity. If a type of investment is added to C:V%1CUMENT ANOSEfTINGSWINMILTONVQY DOCUMFMSINVESTMENT POUCYVNVESIMENTPOUCY•CITVOFAZUSA•TOUT-FINALOOC California State Code 53600,it will not be added to the City's Authorized Investment List until this policy is amended and approved by the City Council. If a type of investment permitted by the City should be removed from California State Code 53600, it will be deemed concurrently removed from the City's Authorized Investment List. The City's Authorized Investment List • Insured Certificates of Deposit (CD's) of California banks and/or savings and loan associations,and/or savings banks that mature in five years or less,provided that the City's investments shall not exceed One Hundred Thousand Dollars ($100,000)per institution. If the investment exceeds the insured$100,000,the funds are to be collateralized at 110%of the deposit in government securities or 150% in mortgages. • Local Agency Investment Fund(LAIF)Demand Deposits. • Securities of the U.S. Government, and securities of which the principal and interest is guaranteed by the full faith and credit of the U. S. Government. • Securities issued by agencies and instrumentalities of the U. S. Government or issued by a government-sponsored enterprise. • Commercial Paper(limited to 30%of the portfolio)rated Al/P1 or the equivalent by two nationally recognized rating agencies with maturities not to exceed 181 days. • Medium-Term Corporate Notes (Limited to 20%of the portfolio) that are rated "AA"or better by two nationally recognized rating agencies. • Passbook Savings or Money Market Demand Deposits,subject to the restrictions and limitations set forth in Government Code Section 53638. • Repurchase Agreements (limited to 30% of the portfolio) with approved banks and broker-dealers who have completed and signed a Master Repurchase Agreement with the City. • Money Market Mutual Funds (with a stated objective of maintaining a $1 net asset value) that has been rated AAAm by Moody's or any two nationally recognized rating agencies. Please see Exhibit A for a more detailed description of the authorized investments listed above. C,D000NIC RSµD SETTINGSVAIIAMILTONNW DOGl1MENTSINVESTMFNT IOUCYVNVESTMENTPOLCY LRYOFAZUSf-0001-FlNALDOC A thorough investigation of any pool or fund is required prior to investing and on a continual basis. The investigation will, at a minimum, obtain the following information: • A description of eligible investment securities, and a written statement of investment policies and objectives. • A description of interest calculations and how it is distributed,and how gains and losses are distributed. • A description of how securities are safeguarded (including the settlement process) and how often the securities are marked to market and how often an audit is conducted. • A description of who may invest in the program,how often,what size deposits and withdrawals are permitted. • A schedule for receiving statements and portfolio listings. • Does the pool/fund maintain a reserve or retain earnings or is all income after expenses distributed to participants? • A fee schedule that also discloses when and how fees are assessed. • Is the pool or fund eligible for bond proceeds and/or will it accept such proceeds? The purpose of this investigation is to determine the suitability of a pool or fund and evaluate the risk of placing funds with that pool or fund. One of the purposes of this Investment Policy is to define what investments are permitted. If a type of security is not specifically authorized by this policy,it is not a permitted investment. C. Qualification of Brokers, Dealers and Financial Institutions The City Treasurer or designees will establish and maintain a list of the financial institutions and broker/dealers authorized to provide investment and depository services to the City, will perform an annual review of the financial condition and registrations of the qualified bidders,and require annual audited financial statements to be on file for each approved company. The City shall annually send a copy of their current Investment Policy to all financial institutions and broker/dealers approved to do business with the City. Receipt of the Policy and Enabling Resolution,including confirmation that it has been received and reviewed by the person(s) handling the City's account, shall be acknowledged in writing within thirty(30)days. All broker-dealers and financial institutions that desire to become qualified bidders for investment transactions must submit a"Broker-Dealer Application"and related documents relative to eligibility. This includes a current audited financial statement, proof of state registration,proof of NASD registration and a certification they have received and reviewed the City's Investment Policy and agree to comply with the C:D000MFNT$/.NC SETTINGNAIIAMILTONNIV DOCUMENTSJNVFSTAIENT FOLICVJNVESTMENTFOLICV.CITVOFAZUSA:WT FINALDOC provisions outlined in the Investment Policy. The City Treasurer or designees may establish any additional criteria they deem appropriate to evaluate and approve any financial services provider. The selection process for broker-dealers shall be open to both"primary dealers"and"secondary/regional dealers"that qualify under Securities and Exchange Commission Rule 15c3-1 (Uniform Net Capital Rule). The provider must have an office in California and the provider's representative must be experienced in institutional trading practices and familiar with the California Government Code as it relates to investments by a City. D. Collateralization Requirements Uninsured Time Deposits with banks and savings and loans shall be collateralized in the manner prescribed by state law for depositories accepting municipal investment funds. Repurchase Agreements shall be collateralized in accordance with terms specified in the Master Repurchase Agreement. The valuation of collateral securing a Repurchase Agreement will be verified weekly to ensure a minimum of 102%of the value of the transaction is held by the City's depository agent. E. Diversification The City will diversify its investments by security type and investment. With the exception of bond reserve funds, bond escrow funds, and any other specific funds approved by the Treasury Committee or the City Council, the City Treasurer or designee, and the City's Investment Committee will adopt a strategy that combines current market conditions with the City's cash needs to maintain the maximum degree of safety of principal and liquidity throughout market and budgetary cycles. This strategy will include diversification by investment type and maturity allocations and will be included in the regular quarterly reports to the City Council. This strategy will be reviewed quarterly and can be changed accordingly. F. Confirmations Receipts for confirmation of purchase of authorized securities should include at a minimum the following information: trade date, settlement date, description of the security,par value,interest rate,price,yield to maturity,agency's name,net amount due, and third party custodial information. G. GASB 3 The Governmental Accounting Standards Board(GASB)issued GASB#3 in April 1986,and the local entity's investments must be categorized into three levels of credit risk as follows: C:V000MSWT6NI)SCTTINGMINMIILTOP4 CY COCUMENTSJNVESTMENT FGLICVVN VFSTMENTPOLICY{ITYGFAZUSA 2001.FINALDOC a) Securities that are insured or registered, or for which the securities are held by public units or its agent in the units; b) Securities that are uninsured and unregistered and are held by the broker's or dealer's trust department or agent in the unit's name; c) Securities that are uninsured and unregistered and are held by the broker or dealer, or by its trust department or agent,but not in the unit's name. The carrying amount and market value of all types of investments must be disclosed in total and for each type of investment. Governmental Accounting Standards Board #3 exempts mutual funds and LAIF investments from the mandatory risk categorization. 4. SAFEKEEPING OF SECURITIES A. Safekeeping Agreement The City shall contract with a bank or banks for the safekeeping of securities that are owned by the City as a part of its investment portfolio or transferred to the City under the terms of a Repurchase Agreement. All securities owned by the City shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment(DVP)procedures. The third partybank trustee agreement must comply with Section 53608 of the California Government Code. No outside broker/dealer or advisor may have access to City funds,accounts or investments, and any transfer of funds must be approved by the City Treasurer. B. Security Transfers The authorization to release City's securities or funds will be telephoned to the appropriate bank representative by a finance department member other than the person who initiated the transaction. A written confirmation outlining details for the transaction and confirming the telephoned instructions will be sent to the bank within five(5)working days. C. Verification of Security Securities transferred to the City as collateral securing time deposits or repurchase agreements that are being held in safekeeping for the City will be verified in writing and examined on a surprise basis during the year by the City's independent auditors as part of the City's annual independent audit. C^WCUMENTArDSCTTINOScMIIAMILTOMMY DOCVMTNTSVNUESTMENT POUCY'JUVESTMENTPOLICY LITYOFA2USA•7U01 FINALDOC 5. STRUCTURE AND RESPONSIBILITY This section of the Policy defines the overall structure and areas of responsibility within the investment management program. A. Responsibilities of the City Treasurer The City Treasurer is charged with responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City,and for the deposit and investment of those funds in accordance with principles of sound treasury management applicable laws,ordinances,and this Investment Policy. This includes establishing written procedures for the operation of the investment program consistent with this policy. The procedures should include reference to safekeeping, master repurchase agreements,wire transfer agreements,banking services contracts and depository agreements. Such procedures shall also include explicit delegation of authority to persons responsible for investment transactions. No person may engage in any investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer and approved by the Investment Committee. Investment decisions that involve borrowing in the amount of$100,000 or more must be included as a separate discussion item on the City Council's agenda. Such items can no longer be included on the City Council's consent calendar. (Govermnent Code Section 53635.7) B. Responsibilities of the Director of Finance The Director of Finance is responsible for keeping the City Council fully advised as to the financial condition of the City. C. Responsibilities of the City Council The City Council shall consider and adopt a written Investment Policy. As provided in that policy, the Council shall receive, review and accept monthly investment reports. D. Responsibilities of the Investment Committee There shall be an Investment Committee consisting of the Director of Finance, the City Manager, and City Treasurer and their designees. The Committee shall meet quarterly to discuss cash flow requirements, the monthly investment reports, investment strategies,investment and banking procedures and significant investment related work projects being undertaken in each department that will affect the cash flow management of the City Treasurer. This will require timely reports from the C?DOCIJIAUTO SETTINGSUIHAAIILIOWGJY DOCIAIENTSYNVESf I€NTI'OIJMINVESTM€NTIOLICY CITVOFAZUSA 2007 VINALDOC department heads to the City Treasurer concerning significant future cash flow requirements. The Committee's meetings will be summarized in minutes that are distributed to the City Council. The Investment Committee,with the approval of the City Council,may retain an external investment manager on behalf of the City. The investment manager will be required to act in accordance with this investment policy. E. Ethics and Conflicts of Interest All City officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Those employees and investment officials shall disclose to the appropriate City executive(City Manager,City Attorney,or the Director of Finance)any material financial interest in financial institutions that conduct business within the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's investments. 6. REPORTING The City Treasurer shall prepare a monthly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the past month. This management summary shall be prepared in a manner that will allow the Director of Finance and the City Council to ascertain whether investment activities during the reporting period have deviated from the City's Investment Policy. The monthly report shall include the following: • A list of individual securities held at the end of the reporting month. • Unrealized gain or loss resulting from amortization or accretion of principal versus market value changes by listing the cost and market value of securities owned by the City. • A description of the current investment strategy and the assumptions upon which it is based. • Dollar weighted yield to maturity of the City's investments. • Maturity schedule by type of each of the City's investments. • Statement as to compliance of the City's Investment Policy with Government Code Section 53601 et seq. C VOCIAID4TOVIDSETTINOS'3IIIMIILTONWY DOCUMENTSINVESTMENT IVLICYVNVESTMENTWLICY CITYOFAZUSA`007-PINALOOC • Statement as to ability to meet expenditure requirements for next six months. • Market value,book value,par value and cost basis of all investments. • Investments"under the management of contracted parties,including lending programs"(i.e., investments held by deferred compensation administrators). 7. PERFORMANCE STANDARDS The investment portfolio will be managed in accordance with the standards established within this Investment Policy and should obtain a market rate of return throughout budgetary and economic cycles. The Investment Committee will establish and periodically review the City's portfolio benchmarks and performance. A benchmark will be selected that compares with the portfolio composition, structure and investment strategy at that time. 8. REVIEW OF INVESTMENT POLICY A. Policy Review This investment policy shall be reviewed annually by the City Council in accordance with State law to ensure its consistency with respect to the overall objectives of safety, liquidity and yield. Proposed amendments to the policy shall be prepared by the Treasurer and reviewed by the Investment Committee and City Attorney and then be forwarded to the City Council for consideration. The Investment Committee shall annually review the Investment Policy and any proposed amendments and forward to the City Council for its consideration and adoption at a public meeting. B. Internal Control and Review The external auditors shall annually review the investments and general activities associated with the investment program to ensure compliance with this Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the activities that are selected for testing. 9. ADOPTION OF POLICY This Policy was duly adopted by the City Council of the City of Azusa on June 18, 2007. C%DOCUMETpNDSETTNGSVAJIAMILOMAN DOCUMENTSINVESTMENT IOLICY'JNVESTMENTI'DUCY•CITYGFAMUSA 7007,FINAI.DOC EXHIBIT A EXHIBIT A. DESCRIPTION OF INVESTMENTS The City of Azusa's investments maybe placed in those securities as outlined below;the allocation between the various investment instruments may change in order to give the City the best combination of safety, liquidity and higher yield. Surplus funds of local agencies may only be invested in certain eligible securities. The City limits its investments to allowable securities under the State of California statutes (Government Code Section 53601,et. seq., Section 53356,et. seq., and Section 53595, et. seq.) and is further limited to those listed below. Certificates of Deposit Certificates of deposit allow the City to select the exact amount and day of maturity as well as the exact depository. Certificates of deposit are issued in any amount for periods of time as short as fourteen days and as long as several years. At any given time, the City may have certificates of deposit in numerous financial institutions in the future. The Treasurer may at his/her discretion waive security for that portion of a deposit,which is insured pursuant to federal law. Currently,the first$100,000 of a deposit is federally insured by FSLIC or FDIC. It may be to the City's advantage to waive this collateral requirement for the first$100,000 because the City may receive a higher interest rate. If funds are to be collateralized, the collateral will be 110% of the deposit in government securities or mortgages of 150%. At purchase, institutions must not show an operating loss. Banks must have an equity-to-asset ratio of at least 6%. Savings and loan associations and savings banks must have an equity-to-asset ratio of a least 3%. Local Agency Investment Fund The Local Agency Investment Fund(LAIF) of the State of California offers high liquidity because deposits can be wired to the City checking account within twenty-four hours. Interest is computed on a daily basis. This is a special fund in the State Treasury, which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000 in multiples of$1,000 above that,with a maximum of$20,000,000 for any city. It offers high liquidity because deposits can be converted to cash within twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly by adding it to the principal. C COCUMEN}S pN0SETTINOSNI MIILTOMMY DOCUME$TSINVESTMENT IO UCWN\TSTMDNTPOLICY CITYOC/CUSA.31)7-PIHALO00 The State charges participants a small fee to cover reasonable costs associated with operating the investment pool, not to exceed one quarter of one percent of the earnings. The interest rates received are fairly stable because of the pooling of the State's surplus cash with the surplus cash deposited by local governments. This creates a well-diversified multi-billion dollar money pool. U.S. Treasury Securities U.S. Treasury securities are highly liquid and considered the safest of all investments because they are backed by the full faith and credit of the United States Government. U.S.Treasury Bills are direct obligations of the United States Government. They are issued weekly with maturity dates up to six months. They are issued and traded on a discount basis and the interest is figured on a 360-day basis using the actual number of days to maturity. They are issued in the minimum amount of$10,000 and in multiples of$5,000 thereafter. U.S. Treasure Notes are direct obligations of the United States Government. They are issued throughout the year with maturities from two up to 30 years. Notes are coupon securities paying a fixed amount every six months. The City will not invest in notes having maturities longer then five years. Federal Agency Securities Federal Agency securities are highly liquid and considered to be virtually without credit risk. Federal Agency issues are guaranteed indirectly by the United States Government. All Agency obligations that are fixed-rate and meet the maturity restrictions of the State Code and this Policy qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues with all of the same advantages. Examples are: FNMA's (Federal National Mortgage Association)are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration,as well as those guaranteed by the Veterans Administration. FHLB's (Federal Home Loan Bank Notes and Bonds) are issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations,mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. Other Federal Agency issues are Federal Home Loan Mortgage Corporation(FHLMC), Federal Farm Credit Bank (FFCB), Small Business Administration Notes (SBA's), Government National Mortgage Association (GNMA's), Tennessee Valley Authority (TVA's) and the Student Loan Marketing Association (SLMA's) C:DOCUMW SANS SETTINOSMI,AMILTONUSY OOCVMENTSVNVESfMENT POLICYUNVESTMUTIOUCY CITYOFAZUSA-2007-FlNALOOC Negotiable Certificate of Deposit Negotiable certificates of deposit are high-grade instruments, paying a higher interest rate than regular certificates of deposit. They are liquid because they can be traded in the secondary market. Negotiable Certificates of Deposit (NCD's) are unsecured obligations of the issuing financial institution, bank or savings and loan, bought at face value with a promise to pay face value plus accrued interest at maturity. The primary market issuance is in multiples of $1 million. The secondary market usually trades in denominations of$500,000,although smaller denominations are occasionally available. Local agencies may not invest more than 30% of their surplus money in negotiable certificates of deposit. NCD's will only be placed with the largest and most financially sound institutions. Commercial Paper Commercial paper allows the investment of large amounts of money on a short-term basis at rates higher than passbook savings accounts. Commercial paper is a short-term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value. As an example, corporations such as American Express, International Business Machines(IBM) and General Electric issue commercial paper. Local agencies are permitted by state law to invest in commercial paper of"prime"quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard and Poor's Corporation (AI/pi or al+/pl). Purchases of eligible commercial paper may not exceed 180 days maturity nor exceed 30%of the City's surplus funds. Medium-Term Corporate Notes A city may invest in medium term corporate notes with a maximum maturity of five years issued by a corporation organized and operating within the United States,a depository institution licensed by the United States Government or any state government and operating within the United States. The California State Code(53601)et seq.)permits cities to invest in corporations with a rating category of"A" or better, but the City will limit its investments in corporate medium term notes to those issued by corporations that have been rated "AA" or its equivalent by two nationally recognized ratings agencies. Passbook Savings or Money Market Account Passbook savings account allows us to transfer money from checking to savings and earn interest on smaller amounts of money,which are not available for a longer-term investment. C'OOCUM- S PSETTPNGN.IIIMULTONNIV DOCVMkNTSVNVESTMENT POLICY NVFSTMENTFOUCY CITVOFAZI1SA 31107 FINALDOC The passbook savings account is similar to a CD except not for a fixed term. The interest rate is much lower than CD's but the savings account provides daily liquidity and funds can be deposited and withdrawn according to our daily needs. Mutual Funds Mutual Funds allow the City to maintain liquidity and receive money market rates. Mutual Funds are referred to in the Government Code,Section 53601.L,as"shares of beneficial interests issued by diversified management companies". The Mutual Fund must be restricted by its prospectus to be a "Money Market" mutual fund and be limited to the same approved investments as LAIF. These investments include U.S. Treasury and Agency issues, Bankers Acceptances, Commercial Paper, Repurchase Agreements,Certificates of Deposit,and Negotiable Certificates of Deposit. The quality rating and percentage restrictions in each investment category applicable to LAIF also apply to any Mutual Fund. One of the stated objectives of the Mutual Fund must be to attempt to maintain a$1.00 Net Asset Value(NAV). A further restriction is that the purchase price of shares of any mutual fund shall not include any sales commission. Investments in mutual funds shall not exceed 15% of the City's surplus money. Repurchase Agreements Repurchase Agreements are purchases of securities by the City under an agreement with a term of one(1)year or less whereby the seller will"repurchase"the same securities on or before a specified date or on demand of either party and for a specified amount. The underlying securities must be delivered to the City's custodial account by book entry,physical delivery or a third-party custodial agreement. C:'DOCUMEN]S.WDSETTINOSMIIAMILTOMAIY DDCUMENTSJNVFS{MENTFOLJCYVNVFSTMENTPOIJCV{ITYOFAZUSA.]007 FINAL DOC Ifjo 7 PEI r AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGER 'M1"9 DATE: JUNE 18, 2007 SUBJECT: ANNUAL NOVELL SOFTWARE MAINTENANCE AND SUPPORT RECOMMENDATION It is recommended that the City Council approve and award the Novell software maintenance and licensing agreement in the amount of $16,812.00 to CDW-G (Computer Discount Warehouse - Government). BACKROUND The City currently uses Novell products GroupWise, for e-mail, Netware as the operating system on some servers and ZENworks for remote desktop management, and GroupWise for e-mail. The city needs to retain software support from the vendor in order to limit any potential down time and for product enhancements to this software. Novell assigns vendors per geographic area to supply maintenance, support and licensing for their products. This is called a Master License Agreement (MLA). This gives the City the option of purchasing from an MLA vendor or directly from Novell. Quotes from Novell and two other vendors were received with CDW-G (Computer Discount Warehouse - Government) offering the best pricing. Vendor Total w/Tax Novell $17,050.00 Gov-Connection $20,266.52 CDW-G $16,811.23 FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget FY 2007 in accounts 48499300006835, 48499420006835. Quotes Page 1 of 1 800.581.4239 Quotes j Recent Quotes [Quote Details Quote # f e% To forward this quote, click"Send quote to an associate."To convert this quote to an order, click"Add to Cart." Quote Information Send quote to an associate Quote #: GLS7246 Need Help? Status: Open Contact Vanessa Seidel Quote Date: 5/31/2007 'j Phone: (866) 339-3647 Contact ANN GRAF-GAYNORFax: (312) 705-8253 Description: NOVEL 1 QUOTE E-Mall auote to Vanessa Billed From Address Billing Address CDW Government Inc. ANN GRAF 230 N. Milwaukee Ave ANN GRAF Vernon Hills, IL 60061 ATTN: CITY OF AZUSA 213 E FOOTHILL BLVD AZUSA,CA 91702-2514 (800) 594-4239 (626) 812-5024 Shipping Address Payment Method CITY OF AZUSA Select payment method during checkout. ATTN: ANN GRAF 213 E FOOTHILL BLVD Shipping Method AZUSA , CA 91702-2514 Drop Ship Ground Product Contract CDW Mfg Part# Qty Price Ext. Price ZENworks Desktop Management- ( v. 7 ) - Market 942905 877-000204 300 $8.40 $2,520.00 maintenance Novell Osen Enterprise Server- Market 971718 877-000157 300 $19.70 $5,910.00 maintenance GroupWise Mobile Server Powered by Market 1015331 877-001310 300 $16.25 $4,875.00 Intellisync- ( v. 7 ) - maintenance ZENworks Patch Management for Windows Market 1005389 873-006948 250 $8.90 $2,225.00 - subscription license Sub-Total $15,530.00 *US Tax: $1,281.23 Shipping: $0.00 Grand Total $16,811.23 *Tax may change if this quote is amended by your account manager. _y_ABD TO CART. httDS://www,cdwg.com/shop/quotes/QuoteDetails.aspx?qn=GLS7246&printable=l 6/4/2007 Novell Renewal Renewal Number S1015026 How to Renew: Due: Jun 16, 2007 If purchasing directly from Novell,please return your purchase order along with this renewal document to one of the following: MLA Contract Number 7127020 Discount 50% Within the United States: Email orders@novell.corn;Fax:801-861-5625;Mail: Orders Processing,MS-PRV-C231,1800 S.Novell Place,Provo UT 84606 Renewal For: Company: CITY OF AZUSA CA Within Canada: Fax:905-940-2620 213 E FOOTHILL BLVD Within Europe,Middle East,or Africa:Email MEA-Order(8 novell,com;Fax: AZUSA,CA 91702-2514 +353 1 605 8174 Contact: MAGGIE DIAZ if purchasing via an authorized Novell reseller,please provide this document to MDIAZ CI.AZUSA.CA.US your reseller to ensure order accuracy,and to receive a quote of your final @ purchase price. 626 812-518S Pricing does not include any applicable taxes. If your license count has increased,your renewal amount due will need to be adjusted accordingly. Please contact Novell immediately(using the Novell contact information provided)if you have any questions about the information contained within this document regarding your renewal. Pricing is valid for 30 days,and is subject to change. Your renewal order must be received by Novell no later than Jun 16,2007 to ensure uninterrupted coverage benefits. Part Start End Unit aty Extended Product Description• ` Number Date : Dato ' %Price(USD} Price(USD) ZENworks 7 Desktop Management 1-Device/User 1-Year 877-000204 Jul 1,2007 Jun 30,2008 8.50 300 2,550.00 Maintenance Novell Open Enterprise Server 1-User 1-Year Maintenance 877-000157 Jul 1,2007 Jun 30,2008 20.00 300 6,000.00 Renewal GroupWise 7 including Mobile Server Powered by 877-001310 Jul 1,2007 Jun 30,2008 16.50 300 4,950.00 intellisync 1-User 1-Year Maintenance ZENworks Patch Management 1-Device 1-Year Subscription for 873-006948 Jul 1,2007 Jun 30,2008 9.00 250 2,250.00 Windows License Renewal Novell Access Manager 1-User 1-Year Maintenance 877-001350 Jul 1,2007 Jun 30,2008 1.25 300 `375.00 L z Discounted Total: 16,125.00 so. - c tp300 .' "b-Cik w( TA?c. 5/24/2007 I of 1 itiffallGOV 2555 West 190th Street Duns#:12-936-5420 Torrance,CA 90504 Tax ID#:33-0964088 Quotes are valid 15 days from quote date Sales Rep: Alfredo Moran Agency: CITY OF AZUSA Contact Name: Magdiely Perkins Phone: (800)625-5468 x4942 ACCOUNTS PAYABLE Account#: 1918762 Fax: (310)630-3595 PO Box 1395 Quote#: S3605661 E-mail: AlfredoMCo?PCMaIIGov.com 213 E FOOTHILL BLVD Quote Date: 61112007 Phone: 626-812-5256 PC Mall Gov Manufacturer " Product Contract Product Product Line Qty. Manufacturer Part No. Part No. Description Number Unit Price Extended Price 1 300 NOVELL 7015071 877-000204-MNT ZENWORKS 7 DT MGMT 1DEV/-USER 1YR MNT Open Market $11.86 $3,558.00 2 300 NOVELL 588531 877-000157-001 OPEN ENT SVR 1USER E-MAINT Open Market $14.00 $4,200.00 3 300 NOVELL 7079278 877-001310-COM 1YR MNT GROUPWISE7 INCLUDING Open Market $24.84 $7,452.00 4 250 NOVELL 7014088 873-006948-VL1 ZENWORKS PATCH MGMT 1DEV-1YR SUB WIN LI Open Market $13.90 $3,475.00 5 6 7 10 11 12 13 14 15 16 17 19 20 21 Sub-total $18,685.00 TAX $1,541.52 FOB $0.00 Total $20,226.52 Payment Terms: Net 30*Must appear on all purchase orders ACH or EFT For Questions Related to ACH or EFT Payment by Check Bank of America Kathy Raines PC Mall Gov,Inc. 151 Long Beach Dnve, 3rd Floor 1-800-739-3282 ext. 5180 File 55327 Long Beach,CA 90802 Fax:310-630-3552 Los Angeles, CA 90074-5327 ABA... 121000358 Acct#. 14577-02450 Payment Terms:Net 30 PC MALL GOV Confidential Page 1 of 1 108./07 A. .;, T AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH 40 CITY MANAG DATE: JUNE 18, 2007 SUBJECT: SIRSI LIBRARY COMPUTER SOFTWARE ANNUAL MAINTENANCE 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, no competitive market, which allows for proprietary services that can only be provided by one source. 2. It is recommended that the City Council approve the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $22,805.00. BACKROUND The Library currently uses SIRSI software to maintain bibliographic and inventory control, circulation, demographic reporting and a web interface to the catalog on the Intranet. The city needs to retain software support from the vendor in order to limit any potential down time and for periodic product enhancements to the software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget for fiscal year 2008, 48499300006415. /tit t Quote 2111001947 4-5, sirsiDynixSales Proposal ' pate 4/30/2007 Page 1 101 Washington St. SE Huntsville, AL35801-4827 Bill To: Ship To: Azusa City Library Azusa City Library 213 E Foothill Blvd, 213 E. Foothill Blvd Attn: Ann Graf Gaynor Attn: Ann Graf Gaynor Azusa CA 91702 Azusa CA 91702 Purchase Order No. Customer ID Quote Prepared by: Payment Terms , Req Ship Date` Master No. ANN GRAF GAYNOR 626-812-5232 PAM LAPIER Net 30 0/0/0000 43,855 Quantity ItemNumberDescription UOM Discount Unit Price . Ext.Price 1.000 MNT-SWM-PU Annual Software Maintenance Each $0..00 $22,804.95 $22.804.95 Effective Period: July 1,2007-June 30,2008 Tax Analysis: Taxable Amt Tax Amount California Non Taxable $22,804.95 $0.00 Subtotal $22,804.95 If you need assistance with your renewal,Please Nfisc $0.00 contact Pam LaPier.Sr. Maintenance Coordinator . _.. 256-704-7000 ext 7519 fax 256-704-7089 Tax $0.00 e-mail:pam lapier@sirsidynix corn Freight-' $0.00 Trade Discount $0.00 Total $22,804.95